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FINLASON'S COMMON-LAW ACTS.
THE QUEEN'S BENCH REPORTS.
This day is published, price 8s. 6d sewed, THE COMMON-LAW PROCEDURE ACTS of 1852 I CASES ARGUED and DETERMINED in the COURT 1 and 1854; with Notes, containing all the Cases either already
of QUEEN'S BENCH in TRINITY TERM. 17 Vict., 1854. By expressly decided on or tending to elucidate them. With an Appendix, THOMAS FLOWER ELLIS and COLIN BLACKBURN, Esqrs. containing the Common-law Procedure Act of Will. 4, the recent Acts * These Reports are in immediate continuation of those by Adolon Evidence, the New Rules to Michaelmas Vacation, 1854, and an phus & Ellis, and are published with regularity and promptness. Introduction. By W. P. FINLASON, Esq., Barrister at Law.
S. Sweet, 1, Chancery-lane.
Just published, in 1 thick vol., 8vo., price 11. 10s. cloth boards,
THE SECOND EDITION OF
THE LAW of RAILWAYS, RAILWAY COMPANIES, A COMPENDIUM of MERCANTILE LAW. By the 1 and RAILWAY INVESTMENTS. With the Cases on ComA late JOHN WILLIAM SMITH, Esq. Fifth Edition. By G. M. pensation, Mandamus, Injunction, and Railway Rating; Remarks on DOWDESWELL, Esq., Barrister at Law.
the Extent of the Jurisdiction over Railways conferred on the Court of London: Stevens & Norton; H. Sweet; and W. Maxwell.
Common Pleas; and on the Equitable Jurisdiction in Railway Transac
tions recently transferred to all the Courts of Common Law, also the STARKIE'S LAW OF EVIDENCE.-NEW EDITION
Practice in Committees in Parliament on passing Railway Bills. The A PRACTICAL TREATISE of the LAW of EVI. | Appendix contains all the Statutes, with Notes referring to the Treatise; 11 DENCE. By THOMAS STARKIE, Esq. Fourth Edition, and Precedents of Deeds, Notices, Warrants, Bonds, &c. By WILLIAM with very considerable alterations and additions; incorporating the HODGES, Esq., of the Inner Temple, Barrister at Law, Recorder of Statutes and reported Cases to the time of publication. By G. M.
borted Cases to the time of publication. By G. M. | Poole. Second Edition. DOWDESWELL and J. G. MALCOLM, Esqrs., Barristers at Law. London: S. Sweet, Chancery-lane, Fleet-street, Law Bookseller and Just published, in 1 vol. royal 8vo., price 11. 16s. cloth.
FINLASON'S CHARITABLE TRUSTS ACT.
THE ACT (16 & 17 Vict. c. 137) for the BETTER RE. A MANUAL of CIVIL LAW; or, Examination in the 1 GULATION of CHARITABLE TRUSTS. With copious Notes,
Institutes of Justinian: being a Translation of and Commentary and an Introductory Essay on the Jurisdiction exercised over them by on that Work. With an Introduction on the History of the Roman the Court of Chancery; with all the decided Cases; and an Appendix, Law. By P. CUMIN, M. A., of Balliol College, Oxford, Barrister at containing Precedents of Schemes, &c. By W. F. FINLASON, Esq., Law. In 12mo., price 10s 6d. cloth.
Barrister at Law. In 12mo., price 68. cloth, “The work is extremely well done." -Law Times, April 22, 1854.
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
I AW FIRE INSURANCE SOCIETY.-Offices, Nos. 5 SMITH'S MANUAL OF EQUITY JURISPRUDENCE. – New
and 6, Chancery-lane, London.-Subscribed Capital, £5,000,000. EDITION.
TRUSTEES. A MANUAL of EQUITY JURISPRUDENCE, founded The Right Hon. the Earl of Devon. op Story's Commentaries and Spence's Equitable Jurisdiction;
The Right Hon. Lord Truro. and comprising in a small compass the Points of Equity usually occur
The Right Hon. the Lord Chief Baron. ring in Chancery and Conveyancing, and in the general Practice of a
The Right Hon. the Lord Justice Knight Bruce. Solicitor. By JOSIAH W. SMITH, B. C. L., of Lincoln's-inn, Esq.,
The Right Hon. Sir John Dodson, Dean of the Arches, &c. Barrister at Law. Fourth Edition. Just published, in 12mo., price
William Baker, Esq., late Master in Chancery. 108. 6d. boards.
Richard Richards, Esq., Master in Chancery. ***"A manual especially adapted to the exigencies of a solicitor's Insurances expiring at Christmas should be renewed within fifteen practice."-Jurist, No. 465.
days thereafter, at the Offices of the Society, or with any of its Agents Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
throughout the country.
E. BLAKE BEAL, Secretary. REDEMPTION of MORTGAGES and LOANS. - GUARDIAN FIRE AND LIFE ASSURANCE COMU Provision made for this purpose by the LAW PROPERTY and
PANY, No. 11, Lombard-street, London. LIFE ASSURANCE SOCIETY, 30, Essex-street, Strand, London,
Sir Walter R. Farquhar, Bart., Chairman.
Francis Hart Dyke, Esq., Deputy Chairman.
Henry Hulse Berens, Esq. Stewart Marjoribanks, Esq. ROOKKEEPING FOR SOLICITORS.-KAIN'S John Dixon, Esq.
John Martin, Esq., M.P. D SYSTEM.-The beginning of a new year being an appropriate Sir W. M. T. Farquhar, Bart. Rowland Mitchell, Esq. time to commence a better system of bookkeeping, when the one in Thomson Hankey, jun., Esq. M.P. James Morris, Esq. use may not be satisfactory, Mr. G. J. Kaix begs to submit a few testi John Harvey, Esq.
Henry Norman, Esq. monials in favour of his system, which enables a practitioner to strike a John G. Hubbard, Esq.
Henry R. Reynolds, Esq. balance at any moment, shewing THREE RESULTS, viz. Cash Balance, George Johnstone, Esq.
John Thornton, Esq. Book Debts, and Profits, as far as the Costs are made out, a change of John Labouchere, Esq.
James Tulloch, Esq. cash-book only being all that is necessary to effect this.
John Loch, Esq.
Henry Vigne, Esq. The following sentences are extracted from a lengthened review in
AUDITORS. the Law Times, July 22, 1854:
A. W. Robarts, Esq.
Henry Sykes Thornton, Esq. “Mr. Kain has conferred a boon on the Profession by the publication Lewis Loyd, jun., Esq.
John Henry Smith, Esq. of this work." " Mr. Kain's system, after a little examination, appears eminently
George Keys, Esq., Secretary.-Griffith Davies, Esq., F.R.S., Actrary. simple, and we think with him it is such as any clerk, possessed of
LIPE DEPARTMENT.- Under the provisions of an act of Parliament. average ability, however inexperienced, can make himself acquainted
this Company now offers to future Insurers FOUR-FIFTHS of the Prowith in an hour's moderate 'application; and if it be followed out, a
FITS, with QUINQUENNIAL DIVISION, or a Low RATE OF PREMIUM principal who understands it may make himself acquainted with the
without participation of Profits leading results of the business, and indeed its details, almost at a
The next Division of Profits will be declared in June, 1855, when all glance, and this without himself doing more than seeing that his own
Participating Policies which shall have subsisted at least one year at transactions are duly recorded."
Christmas, 1854, will be allowed to share in the Profits. “The book is well and lucidly written, and sets forth certainly the At the several past Divisions of Profits made by this Company, the most perfect and simple method of bookkeeping that has yet come under Reversionary Bonuses added to the Policies from ONE-HALF the Profits our notice. It has already reached its fifth edition, and the system it
amounted, on an average of the different ages, to about One per Cent. propounds, we have reason to know, has been extensively adopted, and
per Annum on the sums insured, and the total Bonuses added at the most satisfactorily, as appears by the testimonials given at the end of the
four Septennial Divisions exceeded 770,0001. volume."
FOREIGN RISKS.-The Extra Premiums required for the East and "We strongly recommend this system to the consideration of the
West Indies, the British Colonies, and the northern parts of the United Profession."
States of America, have been materially reduced. EXTRACTS FROM VOLUNTARY TESTIMONIALS FROM SOLICITORS.
INVALID LIVES.-Persons who are not in such sound health as would "Its hest feature, next to its soundness, is its simplicity.'
enable them to Insure their Lives at the Tabular Premiums, may have “I find it very satisfactory."
their Lives Insured at extra Premiums, “The more I see of your plan of bookkeeping the more I am pleased
LOANS granted on Life Policies to the extent of their values, provided with it."
such Policies shall have been effected a sufficient time to have attained “We consider it to be the most satisfactory brought to our notice."
in each case a value pot under 501. “I am sure your system ought to be widely adopted. Since I have AssIGNMENTS OF POLICIES-Written Notices of, received and readopted the plan I have found it work admirably, correctly, and satis
gistered factorily, and it has the advantage of being very simple."
Medical fees paid by the Company, and no charge will be made for “I shall have pleasure in giving your system the utmost publicity."
Policy Stamps. " The more I understand of your system the better I like it, and I am
Notice is hereby given,-That Fire Policies which expire at Christmas thoroughly satisfied with its simplicity and efficiency."
must be renewed within fifteen days at this Office, or with Mr. SAMS * We find your Cash Journal of great value.”
No. 1, St. James's-street, (corner of Pall-mall); or with the Company's " We think the principle is sound, and peculiarly applicable to soli
Agents throughout the Kingdom; otherwise they become void. eitors' accounts, while there is much simplicity in its operation." “ Your system is, what few human things are, perfect, and incapable
Printed by HENRY HANSARD, at his Printing Office, in Parker of IMPROVEMENT."
Street, in the Parish of St. Giles-in-the-Fields, in the County of MidThe Fifth Edition of the Work, illustrative of Solicitors' Bookkeeping dlesex; and Published at No. 3, CHANCERY LANE, in the Parish of in general, and of this system in particular, (price 6s., post free 6s. 60.), St. Dunstan in the West, in the City of London, by HENRY SWEET. and also the necessary Account Books, to be had of G. J. & J. KAIN, I residing at No. 34, Porchester Terrace, Bayswater, in the County of Law Accountants, 8, Brownlow-street, Holborn, London.
| Middlesex.-Saturday, December 30, 1854.
JANUARY 6, 1855.
PRICE Is. 6d.
NAMES OF THE CASES REPORTED IN THIS NUMBER.
- Application of Funds—Payment of InterestPowdrell v. Jones. (Copyholds, Form of Surrender
Repair of Road-Order of Justices on Parish for of— Devise-Freebench-55 Geo. 3, c. 192—3 &
Contribution-4 & 5 Vict. c. 59)..
1115 4 Will. 4, c. 105, Dower Act)..
1111 Reg. o. Hutchinson.-(Turnpike Trustees-DebtsVICE-CHANCELLOR Wood's Court.
" Keeping down Interest”-Order of Justices on Fleming o. East.—(Practice- Evidence-Reception
Trustees-5 & 6 Will. 4, c. 50, s. 94)
1116 of Afidavits).
COURT OF COMMON PLEAS. Ex parte The Dean and Chapter of Westminster. Slim v. The Great Northern Railway Company (Public Company-Lands Clauses Consolidation
(Railway Company-Delivery of Cattle io Rail. Act-Application of Compensation Money) .... 1113 way Servant-Special Terms—Non-liability of COURT OF QUEEN'S BENCH.
Company if Terms not complied with) ... 1119 O'Toole o. Browne.-(7 Will. 4 & 1 Vict. c. 26,
PREROGATIVE COURT. 8. 24 - Construction of Devise - " Estate"
Brown 0. Brown.-(Administration-Widow-Se-
1121 Reg. o. The Trustees and Commissioners of the South Whiting v. Deal.-(Will Subscribing WitnessesShields Turnpike Roads.-(Local Turnpike Act
Names written by Deceased)..
LONDON, JANUARY 6, 1855.
them playing on a timbrel, in sight of their masters
and dames, to dance for garlands hanged thwart of the DISCOURSE has often been had of Sunday, moral, streets; which open pastimes in my youth being now theological, political, but seldom of Sunday legal; and suppressed, worser practices within doors are to be yet the question—how has Sunday been treated by feared.” (Vol. 1, p. 303, 6th ed.) the law?-is not altogether without interest, as it is It is curious that the somewhat heavy and unconnected with those modifications of public feeling amusing, although very moral, King James I, should and opinion which have marked successive phases of have encouraged sports on a Sunday; while the chief English society. At common law, all acts, except, statute against the profanation of that day was passed' perhaps, those of a judicial nature, might be done on a in the reign of the profligate Charles II. Sunday. Before the Reformation, fairs and markets
In 1618 King James I publicly declared to his subwere commonly held on Sunday, and their legality jects, in “ The Book of Sports,” the following games to seems to have been recognised after the Reformation*. be lawful-dancing, archery, leaping, vaulting, May Blackstone states, however, that the laws of King games, Whitsun-ales, morris-dances, and set-up mayAthelstane forbade all merchandise on the Lord's day; poles and other sports therewith used, and commanded and a statute in the reign of Henry VI, (27 Hen. 6, that no such honest mirth or recreation should be forc.5), after reciting the “abominable injuries and of- bidden to his subjects upon the Sunday or holy days fences done to Almighty God and to his saints (always after evening service, but restraining all recusants and aiders and singular assisters in our necessities) because all such as absent themselves from church from this of fairs and markets upon their high and principal liberty, and commanding each parish to use these refeasts, as (amongst other days) on Trinity Sunday with creations by itself, and prohibiting all unlawful games, other Sundays,
for great earthly covetise," bear-baiting, bull-baiting, interludes, and bowling, the enacts, that all manner of fairs and markets on Sun- meaner sort. (See Dalton, c. 46). It is with redays shall cease from all shewing of any goods or mer- ference to this proceeding that Hume says—" At the chandises, (necessary victual only except), upon pain same time that James shocked in so violent a manner of forfeiture of all the goods so shewed, (the four the religious principles of his Scottish subjects, he Sundays in harvest exceptt).
acted in opposition to those of his English. He had Sports, however, were continued on Sundays, al- observed, in his progress through England, that a though they were afterwards discountenanced, for John judaical observance of the Sunday, chiefly by means Stowe, in his Survey of London, (1598), tells us, that of the Puritans, was every day gaining ground through"the youths of this city also have used on holy days, out the kingdom, and that the people, under colour of after evening prayer, at their masters' doors, to exercise religion, were, contrary to former practice, debarred their waisters and bucklers, and the maidens, one of such sports and recreations as contributed both to their
health and their amusement. Festivals, which in * See the authorities cited in Rawlins, App., The Overseers other nations and ages are partly dedicated to palie of West Derby, Resps., (2 C. B. 74). † The exception of the four Sundays in harvest is the reser
worship, partly to mirth and society, were h vation of an old, not the creation of a new, right. (2 C. B. appropriated to the offices of religion,
nouris' thos) sullen and gloomy cont Vol. XVIII.
74, note (d)).
which the people were of themselves so unfortu- velling of fish carriages, whether laden or returning nately subject. The King imagined that it would empty*. be easy to infuse cheerfulness into this dark spirit of We may here cite the case of Rex v. Younger, (5 devotion. He issued a proclamation to allow and T. R. 449), in which the Court held, that the 'sta. encourage, after divine service, all kinds of lawful tute of Charles II did not prohibit á baker baking games and exercises; and by his authority he en- dinners for his customers on a Sunday; and Lord deavoured to give sanction to a practice which his Kenyon, C. J., said, “I think we should construe it subjects regarded as the utmost instance of profaneness (the statute) equitably, so that it may answer the and impiety.” And he adds, in a note, “ To shew purposes of public convenience, taking care, at the how rigid the English, chiefly the Puritans, were be- same time, that Sunday should not be profaned. It come in this particular, a bill was introduced into was extremely wise to put a mark on that day; by the House of Commons, in the eighteenth of the observing it Christianity may be kept alive. I agree King, for the more strict observance of the Sunday, with Foster, J., that I am for an observation of the which they affected to call the Sabbath.' One Shep- Sabbath, but not for a pharisaical observation of it. herd opposed this bill, objected to the appellation of But must the laborious part of the community, who
Sabbath' as puritanical, defended dancing by the ex- | are entitled to some indulgence for the labours of the ample of David, and seems even to have justified sports past week, fare harder on that than on any other day? on that day. For this profaneness he was expelled the They must be fed on that day; many of them have not House, by the suggestion of Mr. Pym. The House of the means of dressing their dinners at home, and those Lords opposed so far this puritanical spirit of the Com- who have will, if this defendant be convicted, be premons, that they proposed that the appellation of Sab- vented observing the Sabbath.” bath’ should be changed into that of the Lord's day.' In Shepherd's sentence his offence is said by the House | THE ETIQUETTE OF COLONIAL JUDICIAL to be great, exorbitant, and unparalleled*." And after
APPOINTMENTS. the death of James it was enacted, (by the stat. 1 Car. 1, c. 1), that there shall be no concourse of people, out of The following petition to the Queen, very nume. their own parishes, on the Lord's day, for any sport or rously signed, has been sent home from Van Diemen's pastimes, nor any bear-baiting, bull-baiting, interludes, Land, as a remonstrance against what the petitioners common plays, or other unlawful exercises and pas- deem an infringement of the usual course of judicial times used by any persons within their own parishes; lappointments in the colonies :the penalty being 3s. 4d. to the poor, or being set in the stocks for three hours.
“ To Her Most Gracious Majesty Victoria, of the United This was followed by the 3 Car. 1, c. 1, prohibiting Kingdom of Great Britain and Ireland, Queen, Decarriers from travelling and butchers from killing or
fender of the Faith. selling victual on the Sundayt.
“ The humble petition of the undersigned inhabitants With the view of counteracting the sourness of the of Van Diemen's Land, Puritans, Charles, in 1633, shortly after Prynne had “Sheweth—That your Majesty's petitioners cherish been set in the pillory, renewed his father's edict for the warmest sentiments of loyalty and devotedness to allowing sports on Sunday, adding thereto wakes and your Majesty's most gracious person and government. all manlike exercises, and ordered it to be read by the “That a vacancy has recently occurred in the office clergy after divine service. Many who were puritani of your Majesty's Chief Justice of this colony, in concally affected refused to do so, and were punished by sequence of the resignation of Sir John Lewis Pedder suspension or deprivation. (6 Hume, 299).
on the ground of ill health. By the 29 Car. 2, c. 7, no tradesman or other person “ That your petitioners have learned, with feelings of shall exercise any worldly business of their ordinary disappointment and alarm, that Valentine Fleming, callings upon the Lord's day, works of necessity and Esq., your Majesty's Attorney-General, has been apcharity only excepted. (Sect. 1). But the act is pointed to the said vacant office of Chief Justice, to the not to extend to prohibit the dressing of meat in exclusion of the superior claims of Mr. Justice Horne, families, or dressing or selling meat in inns, cook- the present puisne judge. shops, or victualling-houses for such as cannot other- " That the said Mr. Justice Horne has held his office wise be provided; nor to the crying and selling of as puisne judge for a period of four years, during which milk before nine o'clock in the morning or after four time, by his skill and ability as a civil and criminal o'clock in the afternoon. (Sect. 3). No drover, horse-l judge, as well as by his strict integrity and imparcourser, waggoner, butcher, or higgler, is to travel tiality, he has secured the confidence and respect of or come into his inn or lodging on that day. (Sect. 2). | your Majesty's subjects in this colony. The prosecution for the penalty must be commencedo “ That, considering the unimpeachable character of within ten days after the offence committed, (sect. 4); Mr. Justice Horne, your petitioners had no reason to and it has been decided that only one penalty can be believe that any other rule would be resorted to in recovered for any number of acts of trading by the same person on the same Sunday .. The service of * The stat. 7 & 8 Geo. 4, c. lxxv, contains regulations process on a Sunday (except in cases of treason, felony, relative to watermen plying and working on the Thames on a and breach of the peace) is void. (Sect. 6). By the Sunday, and repeals so much of the 29 Car. 2, c. 7, as prevents 10 & 11 Will. 3, c. 24, s. 14, this statute is not to pro- | travelling by water on a Sunday. hibit the crying or selling of mackerel before or after
By the 1 & 2 Will. 4, c. 22, s. 27, hackney coachmen or divine service, nor (by 2 Geo. 3, c. 15, s. 7) the tra
chairmen may exercise their calling on a Sunday.
By the 1 & 2 Will. 4, c. 32, s. 3, killing game on a Sunday
subjects the party to a penalty not exceeding 51. and costs. ** History of England, vol. 6, pp. 91, 92; and at p. 211 he The 3 Will. 4, c. 19, ss. 26, 27, empowers the court of says that the Puritans sanctified the Sabbath by the most aldermen or two justices to regulate the route and conduct melancholy indolence; and that the different appellations of persons driving stage-carriages, cattle, &c. during divins of this festival, “Sunday" or " Sabbath," were at that time service. (1625) known symbols of the different parties.
The stats. 3 Geo. 4, c. 96, s. 16, and 6 & 7 Will. 4, c. 37. + Selling meat on Sundays is no offence at common law. s. 14, relate to the baking of bread by bakers on Sundays. (Rex v. Brotherton, 2 Str. 702 ; see also Faulkner's case, 1 Beer-houses, after being subject to many mutations, srs Saund. 249).
now regulated in this respect by the well-known statute, 17 & I Crepps v. Durden, (Cowp. 640).
| 18 Vict. c. 79.
filling up the vacancy now under consideration than to the office of Chief Justice; and it is precisely that that which has universally prevailed in the Australian certainty of succession which, your Majesty's petitioners colonies--that of quiet and undisputed succession in respectfully and humbly urge, forms the only security the order of precedence from the senior puisne judge for the impartiality on the bench which your Majesty's ship to the Chief Justiceship.
faithful subjects in these colonies enjoy. "That the only ground upon which the exclusion “Your petitioners, therefore,” &c. of Mr. Justice Horne in favour of Mr. Fleming has been supported is the right which your Majesty's At
Court Papers. torney-General in England is understood to have to the first Chief Justiceship which happens to fall vacant during his tenure of office.
COMMON-LAW SITTINGS, IN AND AFTER “That the practice in question has, your petitioners
HILARY TERM, 1855. believe, been condemned, even as inapplicable to Eng
Court of Queen's Bench. land, by the highest legal authority, as having a tendency to impair to some extent the impartiality of
In Term. the Bench; but in these colonies, not only has the
LONDON. practice never been adopted, but the rule as to succes
1st sitting .. Friday.. Jan. 12
2nd sitting. . Friday.. sion in the order of seniority has been twice solemnly, 3rd sitting.. Friday
1st sitting, Wednesd., Jan. 17 recognised and acted upon as the only rule calculated
26 2nd sitting, Wednesday .. 24
For undefended causes only. to shut out all hope of rising to the highest judicial office by means of subserviency to the Executive.
After Term. “That the first occasion upon which the rule of suc
Thursday .... ..... Feb. 1 | Monday .......... Feb. 12 cession by seniority, and not by favour, was solemnly
The Court will sit at ten o'clock every day. considered and affirmed, was upon the retirement of Sir The causes in the list for each of the above sitting days in Francis Forbes from the Chief Justiceship of your term, if not disposed of on those days, will be tried by adMajesty's colony of New South Wales. On that occa- journment on the days following each of such sitting days. sion the senior puisne judge was Mr. Justice Dowling, the junior puisne judge was Mr. Justice Burton. A
Court of Common Pleas. claim was preferred by Mr. Justice Burton to the
In Term. vacant Chief Justiceship, on the ground that he had held a commission in another colony-namely, the
Tuesday Cape of Good Hope-of date anterior to the commission
Jan. 16 Friday
Jan. 19 Tuesday 23 Friday
26 of Mr. Justice Dowling; but it was then decided that the rule of seniority in New South Wales ought to
After Term. prevail; and this decision was approved of by the Thursday ...... Feb. 1 | Monday .......... Feb. 12 Government of your Majesty's regal predecessor, his The Court will sit during and after term at ten o'clock. late Majesty King William IV.
The causes in the list for each of the above sitting days in “ That the next occasion on which the rule of se- term, if not disposed of on those days, will be tried by adjournniority was acted upon was the death of the late Sir ment on the days following each of such sitting days. James Dowling, your Majesty's Chief Justice of New South Wales. Mr. Justice Stephen was then senior
Ercbequer of Pleas. puisne judge, but the vacant office was claimed by your
In Term. Majesty's Attorney-General, on the express ground of the English precedent. The question was decided in
There will be no Sittings in favour of the present Chief Justice, Sir Alfred Stephen, Ist sitting, Friday .. Jan. 12
2nd sitting, Monday 22
Term. although Mr. W. Plunkett had long and faithfully served your Majesty in his said office of Attorney
After Term. General; and your petitioners believe that the rule of Thursday ........... Feb. 1 | Monday .... ... Feb. 12 succession by seniority is the one best calculated to
The Court will sit during and after term at ten o'clock. secure the independence of the judges who in these
The Court will sit in Middlesex, at Nisi Prius, in term, by colonies hold office during your Majesty's pleasure. “ That on the retirement of Mr. Justice Oliphant respective Middlesex Sittings are disposed of.
adjournment from day to day, until the causes entered for the from the office of Chief Justice of your Majesty's colony of Ceylon, he was succeeded by the puisne judge, apparently as a matter of course, and not by your Majesty's COMMON-LAW CAUSE LISTS, HILARY Advocate-General, whose office is precisely similar to
TERM, 1855. that of your Majesty's Attorney-General in this colony.
Court of Queen's Bench. “That to intrust to the governors of your Majesty's Australian colonies the power to interfere with the rule
NEW TRIALS which has hitherto prevailed is subject to the strong
REMAINING UNDETERMINED AT THE END OF THE SIT. constitutional objection of placing it in the power of an
TINGS AFTER MICHAELMAS TERM, 1854. Executive, not responsible to the Legislature, to exalt FOR JUDGMENT. Glo'ster-Roberts & Wife v. one of its own members, on purely party considerations, Wilts--Kendall v. Wilkinson
Phillips & an. to an office which ought to be entirely above suspicion.
FOR ARGUMENT. “That whatever claims or qualifications Mr. Fleming
HILARY TERM, 1854. may derive from the circumstance of his having held Lond.-Nicoll v. Oliver Stand over till the case of Mit. the office of your Majesty's Attorney-General in this
Hill v. Oliver cherson v. Oliver (in error) is colony belong in a far higher degree to Mr. Justice
Brodie v. Oliver disposed of. Horne, who held and faithfully discharged the office of
Mich. TERM, 1854. Norwich-Fyson & Attorney-General for a considerable period, and has Midd.—Young 0. White & ors.
Kitton since as faithfully discharged the office of puisne judge. Salop-Lloyd & ors. v. Earl | Suffolk — Brown v. Shave “That it may be presumed, that, in giving up the
North'ton-Warren v. Ireson superior emoluments of the office of Attorney-General Stafford-Farley v. Danks and a large private practice, Mr. Justice Horne looked Huntingdon-Reg. o. Inhabs.
Reg. v. Botfield forward with a reasonable degree of certainty to succeed !
of Bedfordshire York-Sadler v. Henlock
York-Jennings v. Roberts Liverpool - Reg. v. Petrie & Smith, App., Douglas, Resp. | Gilkes v. Leonino
(County Court Appeal) Farnell v. Smith
Schofield, an in- Borthwick, App., Wallon, Alexander v. Hoddersley Northumberland-Craster 0.
fant, v. Schunck Resp. (County Court Ap.) Stratton v. Pettit.
CUR. ADV. VULT.
Jenkins o. Betham.
London-Johnston v. Roberts
Hamond v. M'Cree
Court of Grchequer.
SITTINGS-HILARY TERM, 1855.
merara Railway Co.
Thursday.... Jan. 11 Motions and Peremptory Paper.
Friday.......... 12 Errors, Peremptory Paper, & Motions. For HilaRY TERM, 1855.
Saturday ....... 13 Those marked thus * are Special Cases, and thus t Demurrers. Monday ........ 15
Wednesday...... 17 *Bostock.v. North Stafford. 1 +Powers v. Fowler
Special Paper. shire Railway Co. *Lee v. Lee
Circuits chosen. +Mayor, &c. of Norwich v. *Lord Wellesley v. Withers
Friday ..... Norfolk Railway Co. 1 +Gold v. Booth
Crown Cases. + Breary v. Kemp & an. *Morewood v. Pollok
Special Paper. Hey v. Appleyard & an. (Spe- / + Price v. Barker & an.
Tuesday. *Charing Cross Bridge Co. v. |
Wednesday cial verdict)
.. FOR ARGUMENT. Dixon & ors. v. Whitehead |
........ tOwens v. Wynne & an.
(Appeal from Oldham | Saturday... tHughes v. Wynne & an. County Court)
........ Jones v. Wynne & an. | +Gibson'& an. v. Bradford Tuesday.
........ FR. Roberts v. Wynne & an. 1 tHarrison 0. St. Katherine Wednesday.... + E. Roberts v. Wynne & an. Dock Co.
Days in Term. Nisi Prius. † Steele v. Schomberg | +Carling v. Ridley & ors.
Friday...... Jan. 12 Middlesex, first Sitting.
Monday ........ 22 Middlesex, second Sitting.
| Lincoln-Harding v. Roberts
sean Lond.-Lawes v. Bachelor
Warwick-Abbott v. Butt In re Henry Parker & ors.
Same v. Same
Pritchett o. Lar. Cavendish & an. v. Houghton, graph Co.
Gibson v. Sturge
rence Mackenzie v. Sligo and Shan- | Same v. Marshall Same v. Sheriff and Treasurer
Barstow v. Reynolds Stafford—Simpson o. Eggin. non Railway Co. of Warwickshire
For ARGUMENT. Same v. Same
Harper o. North-east. In re Jacob Choaks & Edward
ern Railway Co. In re Marquis of Hertford v.
Rawlings v. Chandler
Hope v. Meek
Frost v. Heath
| Carlisle-Topping o. HetheTaylor v. Nesfield | Marquis of Hertford v. Cooke. /
West v. Binks
rington CROWN PAPER, HILARY TERM, 1855.
Lancaster-Procter t. HodgDe Benardy v. Hard.
son London ...... Reg. v. Moss.
Chelmsford-Pobie v. Larkan
Liverpool-Evansv. Robinson Manchester .. - The Postmaster-General.
Guildford-Cornwell v. Me.
Graves o. Legg Middlesex.... Inhabs. of St. George, Bloomsbury.
Chester-Booth v. Bourne Devonshire .. - Parish Officers of Staverton.
Davies c. Roper Yorkshire .... Inhabs. of the Township of Halifax.
Moved after the fourth Day of Jauncey v. Same Mich. Term, 1854.
Boyle v. Wiseman | Lond.-Smart o. Guardians, Court of Common Pleas.
Clements v. Pol.
&c. of West Ham NEW TRIALS.
Union. Moved Hilary Term, 1854. | Midd.-Wilmott v. Erskine
ne Northamp.- Pell v. Shearman / 1 Cathberto. Cumming. Midd.—Allsop v. Brittain. Lond.- Edwards v. Hodges Moved Mich. Terin, 1854.
Harnor v. Groves
To be called on the first Day of Term after the Motions, Castrigne v. Trout
Smart v. Harding.
and to be proceeded with the next Day, if necessary, before beck
Phelps v. St. John
Reed v. Aikin
Jamieson v. Trevelyan
Hinton v. Mead
and Smith v. Duvall
North-western Railway Co. Wilson v. Morrell | Dawson v. Williams. In re Hill v. Swift
Peachey v. Gear.
Brebner v. Harrison
FOR ARGUMENT. | Baines v. Holland
Stewart v. M'Kean
Mourilyan v. Curling
Heald v. Kenworthy (Part hd.) | Porritt v. Baker.
Taylor v. Robinson
| Pauling v. Mayor of Dover