Indentures for 20 or 30 folios, machine-ruled and printed, 178. per doz., THE PARISH: its Obligations and Powers; its Officers,

Best Red Tape-narrow, 9d.; middle, 18.; broad, 18. 4d. per dozen THE NEW CHANCERY PRACTICE; containing all the

PRELIMINARY ADVERTISEMENT.

EMPIRE ASSURANCE COMPANY,

FOR

LIVES, ANNUITIES, SURVIVORSHIPS, ENDOWMENTS, &c.
(Provisionally Registered under 7 & 8 Vict. cap. 110).

CAPITAL £100,000, IN 20,000 SHARES OF £5 EACH-DEPOSIT, £1 PER SHARE.
CHIEF OFFICE-41, PALL MALL, LONDON.

DIRECTORS.

JOHN EDWARDS BENNETT, Esq., South Villa, Tulse Hill.
LIEUT. COL. PROBY T. CAUTLEY, K.C.B., F.R.S., 23, Jermyn
Street, St. James's.

DANIEL THOMAS EVANS, Esq., 5, Elm Court, Temple.
FREDERIC T. GALSWORTHY, Esq., 28, Regent St., Waterloo Place.
THOMAS SPENCER HEWARD, Esq., 56, Grosvenor Street, Gros-
venor Square.

JASPER W. JOHNS, Esq., Crooked Lane, Cannon Street.

CAPTAIN ROBERT GUTHRIE MACGREGOR, 67, Gloucester
Place. Portman Square.

FRANCIS HORSLEY ROBINSON, Esq., 12, Queen Street, May Fair.
THOMAS SOUTHGATE, Esq., 6, Stone Buildings, Lincoln's Inn.
ARCHIBALD STURROCK, Esq., Doncaster.
JOHN WILLSON, Esq., Dulwich.

SOLICITOR.WILLIAM FRANCIS LOW, Esq., 67, Wimpole Street, Cavendish Square.
MEDICAL ADVISERS. -THOMAS STEVENSON, Esq., F.R.C.S., F.S.A., 37, Upper Grosvenor Street, Grosvenor Square.
HENRY THOMPSON, Esq., F.R.C.S., M.B., 16, Wimpole Street, Cavendish Square.
AUDITORS. -D. MACGILLIVRAY, Esq., Actuary and Secretary to the Consolidated Assurance Company, 45, Cheapside.
W. STEWART A. COOPER, Esq., Accountant to the Medical Invalid Assurance Society, 25, Pall Mall.
CONSULTING ACTUARY.-FRANCIS G. P. NEISON, Esq., F.L.S., &c., 25, Pall Mall.
BANKERS. THE LONDON JOINT-STOCK BANK, 69, Pall Mall.
ACTUARY AND SECRETARY.-EDWIN H. GALSWORTHY, Esq., F.S.S.

FEATURES

AGENTS.

OF THE COMPANY.

First, the Agents of this Company will be entitled, beyond the ordinary commissions, to a direct and substantial interest in the realised profits. This important feature is expressly provided for under the Company's Deed of Settlement, and will be extended to all Solicitors, Medical-men, and officially-appointed Agents.

Second, a provision has likewise been made to remunerate out of realised profits

Those Persons who may introduce Agents to
the Company.
CAPITAL.

More than One-half of the Deposits on Shares, or upwards of £10,000, tion to will be actually paid up before business is commenced.

MANAGING CLERK.-WANTED, in a Solicitor's Office

in a Country Town in the West of England, a MANAGING

The preliminary Prospectuses, detailing the Plan and Principles of the Company, and every Information, may be obtained post free, on applicaEDWIN H. GALSWORTHY, Secretary. MAY'S PARLIAMENTARY PRACTICE.-THIRD EDITION. This day is published, 8vo., 25s. cloth,

CLERK, competent to prepare ordinary deeds, to abstract, and who is A PRACTICAL TREATISE on the LAW, PRIVILEGES,

thoroughly conversant with the routine of office business, with bill making, and office accounts. An acquaintance with the conduct of actions and suits would be considered desirable, but would not be looked on as an indispensable qualification. Apply by letter, stating references, salary, &c., to B. B. C., at Mr. Showler's, Law Stationer, Cursitor-street, Chancery-lane.

LAW. WANTED, as CHANCERY and CONVEY

ANCING CLERK, a Gentleman, not articled, who has had practical experience in an office of good practice; under 35 years of age. Address, X. V., Mr. Sullivan's, Law Stationer, Chancery-lane.

This day is published, in royal 8vo., price 17. 11s. 6d. boards,

PROCEEDINGS, and USAGE of PARLIAMENT. By THOMAS ERSKINE MAY, Esq., of the Middle Temple, Barrister at Law, one of the Examiners of Petitions for Private Bills in both Houses, and Taxing Officer of the House of Commons. CONTENTS.-Book I. Constitution, Powers, and Privileges of Parliament. Book II. Practice and Proceedings in Parliament. Book III. The Manner of passing Private Bills, shewing the Practice of both Houses, with the latest Standing Orders and the most recent Precedents.

London Butterworths, 7, Fleet-street, Law Publishers to the Queen's most Excellent Majesty.

Now ready, price 58., Third Edition of Part 3 of the

TREATISE on INDUSTRIAL INVESTMENT and

EMIGRATION; being Suggestions for the Enfranchisement and

SETON'S FORMS of DECREES in EQUITY, and of Improvement of Copyhold, Life Leasehold, and Church Property, by

Orders connected with them. The Second Edition, adapted to the present Practice; with Practical Notes. By W. H. HARRISON, Esq., Barrister at Law, and R. H. LEACH, Esq., one of the Registrars

of the Court.

Stevens & Norton, Law Publishers, 26, Bell-yard, Lincoln's-inn.
Just published, price 18.,

A LETTER to the INHABITANTS of IPSWICH upon

the Injustice of Mr. Justice Cresswell's summing up in the Case of "Ayres, Secretary to the Eastern Union Company, v. Wason." RIGBY WASON.

London: Longman & Co.

By

The 16th Edition, corrected and extended, with the Statutes and
Legal Decisions to Michaelmas Term, 17 & 18 Vict., in fcp. Svo.,
price 10s. 6d.,

THE CABINET LAWYER: a Popular Digest of the
Laws of England, Civil and Criminal; with a Dictionary of Law
Terms, various other useful Additions, and Supplements of the Acts of
the Sessions of 1853 and 1854.

London: Longman, Brown, Green, & Longmans.

JARMAN'S NEW CHANCERY PRACTICE.-SECOND EDITION.
This day is published, in 1 vol. 12mo., price 18s. cloth,

the Application of the Life Assurance Principle; with Rules and Tables Societies, and a Mathematical Appendix. By ARTHUR SCRATCHfor the Formation of Copyhold Enfranchisement and Freehold Land LEY, M. A., F. R. A. S., Actuary to the Western Life Assurance Society, 3, Parliament-street, Westminster.

London Friendly Societies' Institute, 23, Pall-mall; and Charles Mitchell, 12, Red Lion-court, Fleet-street.

CAUTION.

TO TRADESMEN, MERCHANTS, SHIPPERS, OUT

FITTERS, &c.-Whereas it has lately come to my knowledge imposing upon the public by selling to the Trade and others a spurious that some unprincipled person or persons have for some time past been article under the name of BOND'S PERMANENT MARKING INK, this is to give Notice, that I am the ORIGINAL and SOLE PROemploy any traveller, or authorise any persons to represent themselves PRIETOR and MANUFACTURER of the said article, and do not 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.

E. R. BOND, sole Executrix and Widow of the late John Bond, 22, Long-lane, West Smithfield, London.

*To avoid disappointment from the substitution of counterfeits.

THE NEW PRACTICE of the HIGH COURT of be careful to ask for the genuine Bond's Permanent Marking Ink, and

CHANCERY relative to the Conduct of Suits by Bill, Claim, or Original Summons, and to Proceedings in the Judges' Chambers and Masters' Offices: including Forms of Costs and numerous other Forms, the Practice relating to Special Cases, the several Acts concerning Trustees and Charitable Trusts, and the Indemnity of Executors and Administrators, with the Orders and Decisions of the Court thereunder; and a copious Index. By HENRY JARMAN.

London: W. Maxwell; S. Sweet; and Stevens & Norton, Law Booksellers and Publishers.

further to distinguish it, observe, that NO SIXPENNY SIZE is or has at any time been prepared by him, the Inventor and Proprietor.

Printed by HENRY HANSARD, at his Printing Office, in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County of Middlesex; and Published at No. 3, CHANCERY LANE, in the Parish of residing at No. 34, Porchester Terrace, Bayswater, in the County of St. Dunstan in the West, in the City of London, by HENRY SWEET, Middlesex.-Saturday, December 9, 1854.

DECEMBER 16, 1854.

NAMES OF THE CASES REPORTED IN THIS NUMBER.

VICE-CHANCELLOR KINDERSLEY'S COURT.

machinery of an ordinary action is to be applied to such proceedings.

for making railways, forming docks, building bridges, improving towns, and an infinite variety of public works, for the most part to be done by joint-stock cor- "There is, further, a new provision in sect. 74, emporations or companics for the benefit of the share-powering the Court, besides or instead of proceeding by attachment, to cause the work to be done by the plainholders. In almost every act of this kind numerous tiff or some other person at the expense of the defendprovisions are to be found which direct that the com- ant. . . . pany shall do certain works for the benefit of individuals, such as making communications between lands intersected by works authorised by the acts, substituting new buildings for others which have been necessarily removed, making roads and communications in lieu of old ones blocked up or injured, and a variety of other works of a similar character. In the event of noncompliance with these enactments, as, indeed, in all cases where the proceeding by mandamus must be resorted to, the remedy is uncertain, tedious, and expensive. . .

"In any case where a party has such an interest in the issuing of a mandamus as to be able to maintain an action for damages in case of a false return, or, in other words, wherever any person is interested as a private individual in the performance of any act which may be enforced by mandamus, the latter writ is as much ex debito justitiæ as the writ by which, after so much expense and delay, he may now recover damages for a false return.' (Second Report, p. 41).

"We now proceed to consider the language of the sections in this act; and, first, it may be observed generally, that no change has been made in the law of mandamus, but solely in the proceedings to obtain the writ.

"The question will probably be raised, whether, under sect. 68, the Courts have practically the power of enforcing the specific performance of any contract; but it is submitted that no such power is given, and that the words 'duty in which' &c. do not include duties resulting from express private contracts between two parties, and for breach of which an action of tort lies, (see Boorman v. Brown, 3 Q. B. 511), but is confined to another class of cases, where a private wrong is occasioned by the non-fulfilment of some public or official duty, or one imposed by act of Parliament for the benefit of individuals; as, for instance, where a private company, which has the option of taking land, gives a notice under an act of Parliament to treat. This would be held a declaration of their option to take, and a contract of purchase, of which the Court would compel specific performance. (See per Patteson, J., in Reg. v. The Commissioners of Woods and Forests, 15 Q. B. 74).

"By sect. 68 it is provided, that the plaintiff in any action in any superior court, except replevin and ejectment, may proceed for a mandamus. On reading first sight that the mandamus could only be claimed the words, in any action,' &c., it might appear at when an action was pending for some cause besides the omission to perform the act sought to be compelled; that is, that no writ could be issued solely for the purpose of claiming a mandamus. But looking to the provision enabling the plaintiff in his declaration to claim the writ separately, if necessary, and to the fac that in many cases no other ground of action would exist, it is apprehended that such a construction would not be put upon the words of this section."

In the New Rules and Forms just issued, (Reg. Gen., Mich. Vac., 1854), we observe, that although a form of indorsement for a writ of injunction is given, (Rule 36), there is no form applicable to the writ of mandamus. Perhaps the learned judges were unwilling to put a construction upon this class of sections until compelled to do so.

In connexion with the subject which we have been considering, reference may be made to a decision of the Magnay, 18 Jur., part 1, p. 1028), construing the 83rd Court of Exchequer, (The Mines Royal Societies v. section of the statute as authorising an equitable defence to be pleaded at law, only where the facts pleaded are such as would entitle the defendant to a perpetual injunction in equity to restrain the action. equitable grounds," to an action by his landlord on a The defendant sought to plead, "for defence on lease for non-payment of rent and non-repair, an agree ment between the plaintiff and the defendant that the latter should surrender the tenancy by yielding up that portion of the premises which was in his own occupa tion, and allowing the plaintiff to receive the rents and profits of the remainder occupied by the tenants of the defendant; that the defendant should pay to the plaintif a certain sum, and relinquish to him machinery on the premises; and that the lease and counterpart should be delivered up to be cancelled; with an averment of performance on the part of the defendant, and that the action was brought in fraud of such agreement, and that it was entirely the plaintiff's fault that the surrender was not completed. Parke, B., said, “I take it that a defence on equitable grounds, under this statute, means that which in a court of equity would of itself be an actual and complete answer to the "In confirmation of this view, we may refer to the case of the other side, so as to afford ground for a perReport of the Commissioners above cited; and further petual injunction. Now, you could not, in the present mention, that a clause expressly empowering Courts state of things, have a perpetual injunction to prevent of law to grant specific performance of contracts was the plaintiff going on with this action, because it is a struck out of this act in the House of Lords, on the principle, that he who applies for equity must do ground that it would not be advisable to give the equity. A Court of equity would not prohibit the Court such a power. The right, therefore, sought to plaintiffs in this case from suing, except on condition of be enforced, and the duty, in the fulfilment of which the defendant executing a legal surrender of the lease, the plaintiff is personally interested,' remain the same; which it would accordingly compel him to do on the the same demand and refusal are necessary before com- one hand, and stay the action on the other. But we mencing the action under the sections as were heretofore cannot do that, for Courts of common law have not required before moving for the rule for a writ of man- the machinery for the purpose. The statute does not damus: and the discretion of the Court in granting or say that Courts of common law shall give relief on withholding the mandamus has been carefully pre- equitable conditions, but that a plea may be allowed served by sect. 71, which empowers the Court, if it which discloses a defence on equitable grounds." Reshall see fit,' to issue the peremptory writ. The novel-ference was also made by the Court to sect. 86, whereby ties introduced are, that the proceedings for a mandamus to enforce the performance of a duty in which an individual is personally concerned may be commenced in any of the superior courts, and that the

it is provided, that if "the equitable plea or replica tion cannot be dealt with by a Court of law, so as to do justice between the parties," it may be struck out; and the Court refused to allow the plea.

ADMIRALTY PRIZE COURT.

By an Order in Council, dated the 11th December, 54, and made in pursuance of the stat. 17 & 18 Vict. 78, intituled "The Admiralty Court Act, 1854," it ordered, that from and after the 1st January, 1855, d until her Majesty shall be pleased otherwise to rect, the fees in the annexed schedule, marked from ). 1 to No. 73 inclusive, shall be substituted in lieu the fees now payable to the judge, registrar, merants, and marshal of the High Court of Admiralty England, and which, under the provisions of the act the 3 & 4 Vict. c. 66, are now carried to the Fee ind of the said court.

And her Majesty is further pleased, by and with the
vice of her Privy Council, to order, and it is hereby 30.
dered, that all the said fees, numbered from No. 1
No. 73 inclusive, shall, from the day aforesaid, be
llected by means of stamps, whether adhesive or
ixed, and under such regulations as the judge of the
id court shall direct.

And her Majesty is also further pleased to order,
d it is hereby ordered, that the fees in the annexed
hedule, marked from No. 74 to No. 76 inclusive,
all, from the said 1st January, 1855, be payable
the Seal Keeper of the said court, in lieu of the fees
w payable to him in respect of that office.
And her Majesty is also pleased to order, and it is
reby ordered, that in lieu of the fees now payable to
e crier of the said court, there shall, from the day
oresaid, be payable to him a uniform fee of 5s. on
ery interlocutory decree, sentence, or motion in court,
be paid by the party in whose favour such decree or
ntence has been given, or by whom such motion has
en made.

Whereof the judge, registrar, and other officers of
le said court, the Commissioners of Inland Revenue,
id all others whom it may concern, are to take notice,
ad to govern themselves accordingly.

WM. L. BATHURST.

TABLE OF THE FEES

O BE RECEIVED IN THE HIGH COURT OF ADMIRALTY OF
ENGLAND IN INSTANCE AND PRIZE PROCEEDINGS.

1. Entering action Subducting action

5. Warrant of arrest

31.

32.

33.

34.

35.

36.

Marshal executing any monition, decree, com-
pulsory, or attachment, or arresting proceeds or
freight, if in the profession...

Ditto, ditto, if on the Royal Exchange, exclusive
of a charge of 17. 18. by the Royal Exchange
authorities..

Ditto, ditto, if out of the profession, but within
five miles of Doctors' Commons, including ex-
penses

050

0 10 0

1 0 0

200

Ditto, ditto, if beyond five miles, besides 18. per
mile travelling expenses, per day
Marshal executing decree of unlivery, of ap-
praisement, or of sale, attending, appointing,
and swearing appraiser, or delivering a ship and
stores to the purchaser, agreeably to the inven-
tory, if within five miles of Doctors' Commons 1 0 0
If beyond that distance, besides 18. per mile for
travelling expenses, per day....
Marshal attending unlivery of cargo, or sale of
ship or goods by auction, besides travelling
Letter to the Trinity House, or to any Govern-
expenses, if in the country, per day ......

2

0

0

5

400

Interlocutory decree or sentence, from each party 1 Office copy of any document in the English language, per sheet, not exceeding ten folios.... 0 5 41. Office copy of papers in a foreign language, or of short-hand writer's transcript of notes, or of abstract or translations made in the registry, (besides the charges of the copyist, short-hand writer, or translator, to be paid by the person on whose behalf the same is made), per sheet, not exceeding ten folios

0

0

0

0

0

0 10 0

ees payable to the Fee Fund, including those of the Judge, Registrar, Merchants, and Marshal. £ s. d. 0 5 0 42. Exemplification of a sentence or other matter, 0 2 6 including the cost of parchment or paper, per skin or sheet, not exceeding twenty-five folios 2 0 0 6 43. Fee on reference to be paid by the party applying for the same 5 5 0

1. Entering caveat against issue of warrant

. Marshal arresting a vessel, or vessel and goods,

if in London or in the river Thames and above Blackwall

5. Ditto, ditto, if at or below Blackwall

V. Ditto, ditto, at any outport, if effected by a substitute of the marshal

. Ditto, ditto, at any outport, if required to attend personally, besides travelling expenses, per day

. Possession of a vessel, or vessel and cargo, for a day and a night, exclusive of any sum that may be paid to a shipkeeper, should such be required.....

1. Marshal inquiring and certifying the sufficiency of sureties.