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at 11. District Court of Bankruptcy, Leeds. - Charles Henry Lloyd, assignees.—Wm. Henry English Burnard, Bideford Holgate, Kirton in Lindsey, Lincolnshire, scrivener, Dec. 13 Devonshire, attorney-at-law, No. 78,677 C.; Wm. Hor, at 12, District Court of Bankruptcy, Kingston-upon-Hull. signee.-John Garlick, Meltham, near Huddersfield, York
To be granted, unless an appeal be duly entered. shire, butcher, No. 78,776 C.; John Broadhead, assigueEdward Staples the younger, Soham, Cambridgeshire, mil. G. R. Goodman, Brighton, Sussex, solicitor, No. 78,895C. ler. -- Nathan J. Calisher, Norfolk-street, Strand, Middlesex, Cornwell Baron Wilson, assignee.-John Voller, Lanàpat jeweller.-Benedetto Bernasconi, Red Lion-street, Clerken- near Portsea, Southampton, builder, No. 77,935 C. ; Timothy well, Middlesex, looking-glass frame manufacturer.-F. G. White and George Rogers, assignees.- Francis Jay, Gres Richardson, Commercial-road, Limehouse, Middlesex, timber Yarmouth, Norfolk, baker, No. 78,950 C.; Horace Ham merchant. - Edmund Heninghem, Caversham, Oxfordshire, Gambling, assignee. and High Wycomb, Buckinghamshire, fellmonger.— William
Saturday, Nov. 11. Reade and George Reade, Hibernia-chambers, London-bridge, Orders have been made, vesting in the Provisional Assigna Southwark, Surrey, provision merchants.- Henry Knapp, the Estates and Effects of the following Persons:Chelsea, Middlesex, builder.-Wm. Yorke, Cheshunt, Hert
(On their own Petitions). fordshire, builder.—John Milner, Devonshire-street, Islington,
John Reeve Wood, New Hampstead-road, Kentish-ton Middlesex, stockbroker.-Frederick H. King, New Shoreham, Middlesex, packer : in the Debtors Prison for London Sussex, carpenter. - James Fell, New-street, New-road, and Middlesex. - James Gillon, Aldermanbury, London, cotomis Pereira-place, Shepherd's-bush, Hammersmith, Middlesex, sion agent: in the Debtors Prison for London and Middleses builder.-Philip Paige, Torquay, Devonshire, lodging-house – Thos. Corfe, Richmond, Surrey, cabinet maker : in the Ged keeper.-Joshua Crowther, Wm. Dickinson the younger, and of Surrey.- Elkan London, Monkwell-st., Cripplegate, Los Richard Cave, Manchester, Manchester warehousemen.-Geo. don, shoemaker : in the Debtors Prison for London and Mix Hobson, Leeds, Yorkshire, grocer. Thomas Wrightson, dlesex.-David Thos Sadler, Great Northern Hotel, King's York, woollendraper. – Obadiah Willans and Henry Raw
cross, Middlesex, commercial traveller : in the Debtors Prisca son, Leeds, Yorkshire, cloth merchants. — John Denbigh, for London and Middlesex. – John Jones, Olney terrace Bradford, Yorkshire, woolstapler. - John Holland Oates, near the Montpelier Tavern, Walworth, Surrey, clerk to par Halifax, Yorkshire, painter.—John Ellis Watkinson, Halifax, liamentary agents : in the Gaol of Surrey.--Henry Hartley Yorkshire, grocer.
Union-st., Southwark, Surrey, tailor: in the Debtors Prison PETITION ANNULLED.
for London and Middlesex. - Peter M Grath, Frances-street Robert Sheppard, Glossop, Derbyshire, farmer.
Tottenham-court-road, Middlesex, statuary : in the Debtor Scotch SEQUESTRATIONS.
Prison for London and Middlesex, – Louis Jean Baptist Alexander Leith Emslie, deceased, Auchtermuchty, Fife- Vaudeau, Albany-road, Barnsbury-park, Islington, Middlesex, sbire, physician.-James Bowie, Glasgow, commission mer- foreman to an artificial flower manufacturer : in the Debten chant.-- Mary Donaldson, Aberdeen, innkeeper.-D. Fraser, Prison for London and Middlesex.—John Pratt Carpenter, sen., deceased, Dingwall, hardware merchant.-D. Sdeuard, Drummond-street, Euston-square, Middlesex, baker: in the Carie, Rannoch, mail contractor.–Balfour & M'Cullum, Debtors Prison for London and Middlesex.-Benj. Huleia. Glasgow, smiths.-Alexander Thomson, Legbrannock, Both- son, Meard.st., Dean-st., Soho, Middlesex, boot closer : in well, Lanarkshire, contractor.
the Debtors Prison for London and Middlesex.-Wm. HatINSOLVENT DEBTORS
tersley, St. George-st., St. George's-in-the-East. Middleses, Who have filed their Petitions in the Court of Bankruptcy, druggist : in the Debtors Prison for, London and Middleser
. and have obtained an Interim Order for Protection from Gaol of Surrey.-Wm. Russell, Royal Free Hospital, Gray's
- Francis Bouriny, Croydon, Surrey, shoemaker: in the Process.
inn-road, Middlesex, steward: in the Debtors Prison for Los. Samuel Britton, Stapleton, Gloucestershire, retailer of don and Middlesex.-Geo. Cummins, Windmill-place, High. beer, Dec. 21 at half-past 10, County Court of Gloucester, street, Camberwell, Surrey, out of business : in the Queen's shire, at Bristol.-H. M. Deverill, Bristol, baker, Dec. 21 Prison. - H'm. Henry Sherwood, Upper Penton-st., Pentonat half-past 10, County Court of Gloucestershire, at Bristol.- ville, Middlesex, doctor of medicine : in the Debtors Prison for J.R. Barlow, Bristol, ironmonger's assistant, Dec. 14 at half- London and Middlesex.- Thomas Whitechurch, Snells-pars, past 10, County Court of Gloucestershire, at Bristol.-J. Vince, Upper Edmonton, Middlesex, omnibus coachman: in the Ryde, Isle of Wight, Hampshire, postmaster, Nov. 29 at 10, Debtors Prison for London and Middlesex.-Philip Marts, County Court of Hampshire, at Newport.-James Rugg, Princes.st., Rotherhithe, Surrey, out of business : in the Grol Newport, Isle of Wight, Southampton, grocer, Nov. 29 at 10, of Surrey.-- Francis Dunham, Marlborough-mews, BlenheimCounty Court of Hampshire, at Newport.- Frederick Chas. st., Oxford-st., Middlesex, carpenter: in the Debtors Prison Taylor, Norwich, Norfolk, out of business, Nov. 30 at 10, for London and Middlesex. - Thomas Luckes, Brill-ror, County Court of Norfolk, at Norwich.- Robert Fletcher, Somers-town, Middlesex, baker : in the Debtors Prison for Bury St. Edmunds, Suffolk, publican, Nov. 27 at 10, County London and Middlesex.-J. May, Homerton Dairy, Marsh Court of Suffolk, at Bary St. Edmunds.-Jas. Middleditch, hill, Marsh-gate, Homerton, Middlesex, dealer in milk: in Bury St. Edmunds, Suffolk, tailor, Nov. 27 at 10, County the Debtors Prison for London and Middlesex.- Geo. Feast, Court of Suffolk, at Bury St. Edmunds.-Thomas Pearce, Farnham, Surrey, out of business : in the Gaol of Surrey. Diss, Norfolk, shoemaker, Nov. 20 at 2, County Court of
(On Creditor's Petition). Suffolk, at Eye.- George Leeder, Easton, Suffolk, shoemaker, Nov. 24 at 10, County Court of Suffolk, at Framlingham... Middlesex,
attorney-at-law: in the Queen's Prison.
Charles Francis Arundell, Cork-street, Burlington-gardens, Wm. West Foulis, Tamworth, Warwickshire, railway postoffice clerk, Dec. 1 at 11, County Court of Warwickshire, at
(On their own Petitions). Tamworth.- Caroline Bevis, widow, Southampton, out of
Meyer Grabowski, Manchester, dealer in watch materials: business, Nov. 24 at 10, County Court of Hampshire, at in the Gaol of Lancaster.-James Varley, Clitheroe, LancaSouthampton.-John Peake, Burslem, Staffordshire, crate shire, stonemason: in the Gaol of Lancaster.-Wm. Ligh!maker, Nov. 22 at 10, County Court of Staffordshire, at Han-bown, Pickerbank, near Blackburn, Lancashire, out of busi. ley.--Edward James Spicer, Rye, Sussex, licensed victualler, ness: in the Gaol of Lancaster.--John M Gill, Manchester, Dec. 4 at 12, County Court of Sussex, at Rye.- Thomas beer seller : in the Gaol of Lancaster. - James Lees
, Hurs Saville, Cheltenham, Gloucestershire, porter seller, Dec. 6 at Brook, near Ashton-under-Lyne, Lancashire, out of business : 10, County Court of Gloucestershire, at Cheltenham.
in the Gaol of Lancaster.- George Cooper, Hulme, Man.
chester, commission agent : in the Gaol of Lancaster. Jane Saturday, Nov. 11.
Flynn, Liverpool, staymaker : in the Gaol of Lancaster.-Assignees have been appointed in the following Cases. Fur. Wm. M.Millan, Manchester, out of business : in the Gaol of ther particulars may be learned at the Office, in Porluyal- Lancaster.-William Williams, Manchester, saddler: in the street, Lincoln's-inn-fields, on giving the Number of the Gaol of Lancaster. Samuel Blackley, Preston, Lancashire
labourer: in the Gaol of Lancaster. - Bernard Cannon, Maa. James Wm. Walsh, Westbury-road, Harrow-road, Mid-chester, clothes dealer : in the Gaol of Lancaster. -Devid dlesex, attorney-at-law, No. 64,309 T.; Henry Cooper, as- Walker, Manchester, grocer: in the Gaol of Lancaster.-G. signee. Edwin Atkinson Rudge, Barking, 'Essex, linen- Maynard the younger, Brighton, Sussex, builder: in the Gael draper, No. 64,564 T.; Richard Strangwayes and Edward 1 of Lewes.-John Wilkinson, Walsall, Staffordshire, buckie
cer: in the Gaol of Stafford.—Henry Furze, Bristol, in no
In a few days will be published, iness : in the Gaol of Wilton.-Thomas Rich, Reading, THE COMMON-LAW PROCEDURE ACTS, 1852 kshire, innkeeper : in the Gaol of Reading.- Robert Rod.
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DOWDESWELL and J. G. MALCOLM, Esqrs., Barristers at Law. inger, Woodside, Lancashire, bookkeeper : in the Gaol of Just published, in 1 vol. royal 8vo., price 11. 168. cloth. ncaster. - James Pearson the younger, Northern Etchells,
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DEAFNESS CURED in a few hours, by painless treat: REPORTS OF CASES DECIDED 1853-4.
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No. 933—Vol. XVIII. NOVEMBER 25, 1854.
COURT OF QUEEN's Bench.
pany.-(Lands Clauses Consolidation Act, 8 & 9
Vict, c. 18, s. 68 - Compensation Jury-- Question
of Title-- Obstruction of Way- Verdict negativing Ex parte Bailey, in re Barrel. — (Bankrupt Law Con
Right -- Conditional Assessment of Compensation solidation Act- Preference of Creditor under Sect.
993 167 not extended to Benefit Building Societies
COURT OF Commox Pleas. 4 & 5 Will. 4, c. 40, 8. 12, and 6 & 7 Will. 4, c. 32,
Hughes v. The Great Western Railway Company.8. 4, repealed by the Bankrupt Law Consolidation
(Railway Company-Carriers-Special Contract Act)
— Delivery within a reasonable Time-Practice
... 1001 Pomfret v. Perring.-(Power- Appointment – Revoca
COURT OF EXCHEQUER. tion and new Appointment, what amounts to).... 989 Martin v. Hemming.-(17 & 18 Vict. c. 125- Inter. VICE-CHANCELLOR KINDERSLEY's Court.
rogatories to Parties - Construction of Statute
1002 Jenkins v. Briant.-(Practice-Changiny Solicitor).. 992
Reports of Commissioners)
ADMIRALTY PRIZE Court.
The Industrie.-(Neutral's Share in an Enemy's Ship
1005 Vale v. Merideth.-(Pleading-Disclaimer- Costs) .. 992 The Ostsee.-(Costs and Damages)
3 3 4
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0 2 0
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case. The status of the junior, therefore, was suffi5
6 ciently important and responsible under the old system. 6
0 0 We are anxious to see that status retained, and, if not at And so on, at the rate of 6d. per line. A discount, proportioned to the number of repetitions, matter more than another that requires the united aid
the expense of the client, improved. But if there is one will be allowed upon all Advertisements ordered for three or more insertions.
of skill, tact, and experience, it is the summing up of
the evidence which has been presented to the jury. In LONDON, NOVEMBER 25, 1854. the fulfilment of this duty, it will often be necessary
to extract the real question for decision from a mass of The question, whether the leading or the junior complicated testimony; to reconcile discrepancies, not counsel in a cause should “sum up" the evidence only in the evidence, but also between the evidence under the Common-law Procedure Act, 1854, has been and the opening speech; to account for short-comings raised on several occasions, but has not yet received and the breaking of the promise which had been held any definite solution. The inquiry involves a consi. out to the jury in the former address; to apportion the deration, and perhaps ultimately a re-constitution, of degrees of credit to the different witnesses; to comment the relative functions of leaders and juniors.
upon the weight and strength of evidence; to point out The practice of the majority of leaders has hitherto corroborating circumstances; and to present the case as been to take the summing up into their own hands; a whole in its most favourable and winning form to the on one or two occasions, however, the performance of jury. this duty has been imposed on their “young friend.” Suppose this function to be feebly discharged, how
Looking at the subject in its public aspect, we think much of the effect of the opening address, and of the there can be little doubt, that, as a general rule, the testimony given in support of it, will be destroyed ! leading counsel should himself conduct that part of the Then, if the summing up is on behalf of the plaintiff, cause which requires delicate and careful management. it will be followed by a speech from the leader for the It is upon this principle that he has always re-exa- defendant, who will skilfully avail himself of any unmined his own witnesses, cross-examined those of his guarded points left by the plaintiff's junior. We, adversary, addressed the jury, and argued points of law therefore, think that it will be a mischievous innovaas they arose at the trial. The junior no doubt has tion if the leader yields so important a part of the been, or ought to have been, assisting his leader in these cause to his junior. various operations by way of suggestion, but the latter There is, however, a mode of raising the position of has had the public conduct of them. At the same time, the junior, and of relieving to some exter the labours Vol. XVIII,
of the leader, without in any way interfering with the them the authority for directing a multitude of opers interests of the client. It is simply this—let the junior, tions, which must, nevertheless, be carried into effect
, in instead of merely opening the pleadings, open the case.
whichever way the militia is raised. The 15 & 16 Vict.
c. 50, enacts, that “the lieutenants shall direct their Nothing is required for this purpose but a clear and
deputy lieutenants, or the colonels or commanding simple narrative of the facts, according his instruc- officers of the regiments, battalions, or corps of militia
, tions—the more general the outline, and the less the to proceed to raise and inrol volunteers, &c., and such detail, so much the better. This statement it will be deputy lieutenants, colonels, or commanding officers, for the leader to fortify, to support, and to clench at the and the commissioned and non-commissioned offeers of proper time. Of course, in such a case, the “ summing manding officers, shail forth with proceed to raise such
the militia duly authorised by such colonels or comme up” by the leader would not he strictly what is meant volunteers,” &c. (Sect. 11); And this is the only by that term, but a general address to the jury upon section which gives any idea how the working of the the whole case. We believe that the summing up act is to be carried into effect. It does not in any manbefore election committees and on appeals at quarter ner point out by whom—that is, by what officers or sessions, where such a practice prevails, has not been persons—the duties are to be performed. When, there
fore, the militia was raised in 1852 and 1853, the duties confined to mere comments upon testimony; it cer
that had to be done in raising it were left, as it were, tainly has not been so on several recent occasions at
to go begging; and we have reason to believe that in Nisi Prius, and it will probably be like the “reply,” fact the militia was raised very much through the aid which has never been treated as a mere answer to the of the machinery of general and sub-division meetings, defence, but a general review of the whole case. with all their corollaries, as if it had been raised by
We hope that the Bar will come to an arrangement ballot, althouglı those meetings had no legal authority, upon this subject, and that it will be in accordance or even existence. The consequence was, we believe, a with the views which we have suggested. We feel | fearful confusion, when the inevitable question afterconfident, that if carried out, they will be productive wards arose, by what authority much of the duty had of advantage, not only to leaders and juniors, but also been done, and in particular what public department to the public at large.
was liable, and to what extent it was liable, for the
almost unavoidable expense incurred in and about the Ar the present time, when the due regulation of the public duties cast by the act upon somebody. militia is a most important object, having regard not solidated into one general act, repealing entirely all premerely to its being really the only home army, but to solidated into one general act, repealing entirely all pre
existing acts, and re-enacting whatever is necessary; its being a sort of depôt from which, under the circular for there is no more fruitful source of confusion and recently issued by the Secretary-at-War, our regular litigation than repealing an act, so far as it is not inconforeign army will be from time to time recruited, it is sistent with a new act—a course which invariably lets of great importance also that the legal public should in the most difficult questions. It appears to us also, be informed of the manner in which its organisation be effected should be this—to distinguish and keep se
that the system on which any such consolidation should and maintenance are provided for by the Legislature, parate entirely the enlistment by ballot and the enlistand in which hereafter it is to be raised, organised, and ment by voluntary inrolment, making each branch of maintained. At present the acts of Parliament under the act complete in itself. Doubtless there are many which these things are done are in most glorious con- things which must be common to both systems. The fusion. Their name is legion, and the enactments of paying of the militia, for instance, provided for by the the older ones are repealed, re-enacted, or preserved by 1.7 & 18 Vict. c. 109, must of course be the same, whe
ther it results from voluntary enlistment or from comnew acts, enacting entirely new things, so far as is not pulsory enlistment under the ballot. So must the proinconsistent with the new acts, in a way which makes viding of storehouses, &c., provided for by the 17 & 18 it puzzling for even any lawyer, when consulted, to give | Vict. c. 105. So must its discipline, provided for by an opinion; à fortiori, for the multitudes of persons the several acts in force, and the articles or regulations concerned, not being lawyers, to know what to do.
issued by the Secretary-at-War for carrying into effect The militia is raised or raiseable in two ways-by But a consolidated act could without difficulty provide
the details of the Mutiny Act as applied to militiamen. ballot, as of old, and by voluntary enlistment under for these things, by separate chapters devoted to each the 15 & 16 Vict. c. 50, (1852), and various subsequent of these branches of the militia service, stating when acts. The raising by ballot is still to be conducted they are to be applied to the voluntary system, when under the 42 Geo. 3, c. 90; all the machinery of that to the ballot system, and when to both. The impor. act is expressly and specially adapted for the ballot; when it is stated that a not inconsiderable branch of a
tance of such a consolidation will be the more apparent and none of it is even adaptable, except by what the public department is entirely engrossed by attention to lawyers call a twisted construction of the act, for the the business of the militia force, and that innumerable voluntary raising of the militia. The enactments of questions of great nicety and difficulty are continually, the act of Geo. 3 operate entirely through general cast upon that branch for consideration, arising out of meetings of the lieutenancy and sub-divisional meet- the multitude of statutes, and the confused form in ings of the deputy lieutenancy. The most minute but not least, out of the circumstance that the act of
which they are heaped one upon the other; and last, directions are given for the doing of every duty, whe- 1852, the keystone of the voluntary system, literally ther by officers, commissioned and non-commissioned, provides no intelligible machinery whatever for raising or by magistrates, constables, &c. But all the autho- and organising the militia; so that if the statute of rity exercised in the execution of these duties under Geo. 3, which never was meant, and is not now meant, that act emanates from general and sub-division meet- to govern the raising of the volunteer militia, were enings. On the other hand, the statute of 1852, and sub- tirely out of the way as a quasi guide, lord lieutenants
deputy lieutenants, colonels commanding, and all the sequent acts, in effect abolish general and sub-division subordinate functionaries, would have literally to immeetings, except as connected with the ballot, and with provise, and carry into effect upon their own responsi