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ROWLAND HILL, Nottingham, lace merchant, Feb. 24 - Benjamin Nunnington Dodd, Hetton-le-Hole, Durham,

and March 17 at 10, District Court of Bankruptcy, Not grocer, March 10 at 12, District Court of Bankruptcy, Newtingham : Off. Ass. Harris; Sol. Shilton, Nottingham.- castle-upon-Tyne.--Henry Reading, Birmingham, draper, Petition dated Feb. 10.

March 8 at 12, District Court of Bankruptcy, Birmingham.MEETINGS.

Thomas Minnitt, Mansfield, Nottinghamshire, seed merchant, Edward Blakely, Conduit-street, Regent-street, Westmin- March 17 at 10, District Court of Bankruptcy, Nottingham. ster, and Norwich, linendraper, Feb. 24 at 11, Court of

To be granted, unless an Appeal be duly entered. Bankruptcy, London, pr. d.-William Howlett, Hove, near William Fox, Westow-hill, Norwood, Croydon, Surrey, Brighton, Sussex, builder, Feb. 25 at half-past 12, Court of victualler.- Richard Westbrook, Laurie-terrace, New-cross, Bankruptcy, London, last ex.-James Richardson, John S. Deptford, Kent, hay dealer.-Richard Bell, Longton, StafWicks, and Henry Smith, Upper Queen's-buildings, Bromp- fordshire, auctioneer.---Robert Jones Williams, Birmingham, ton, Middlesex, upholsterers, Feb. 28 at half.past 11, Court linendraper.-Wm. Thomas the younger, Haworth, Yorkshire, of Bankruptcy, London, last ex.---Robert S. Parry, Leaden.. worsted spinner. hall-street, London, bookseller, March 1 at 12, Court of

Scotch SEQUESTRATIONS. Bankruptcy, London, last ex.-Claudius Alfred Scrivener,

John Longwill, Glasgow, innkeeper. - Thos. Knor, deceased, Old 'Change, London, milliner, March 1 at 12, Court of Foulden Bastile, Berwickshire, shoemaker. Bankruptcy, London, aud. ac.; at 1, last ex.-Wm. Cobb, Maidstone, Kent, builder, Feb. 28 at 11, Court of Bank- Who have filed their Petitions in the Court of Bankruptcy,

INSOLVENT DEBTORS ruptcy, London, last ex.- Richard Brownlow, Ardwick, Man

and have obtained an Interim Order for Protection from chester, gum manufacturer, Feb. 24 at 12, District Court of

Process. Bankruptcy, Manchester, last ex.-T. Linnell, Gresham-st., London, commission agent, Feb. 25 at 1, Court of Bankruptcy, County Court of Lancashire, at Liverpool.- Henry J. Lock

Henry Francis M.Donald, Liverpool, batter, Feb. 20 at 10, licensed victualler, March 1 at 1, Court of Bankruptcy, Lon- wood, Bury St. Edmund's, Suffolk, baker, Feb. 20 at 10, don, and. ac.; March 8 at 1, div.-J. R. Vivian, Cheapside, Wingham, Kent, butcher, Feb. 20 at 12, County Court of

County Court of Suffolk, at Bury St. Edmund's.-J. Pettit, London, dealer in mining shares, and Stonehouse, coal merchant, March 1 at 12, Court of Bankruptcy, London, Kent, at Sandwich.- Joseph Mills, Plymouth, Devonshire, aud. ac.—Hugh Williams the elder and John Williams, West carter, March 30 at 11, County Court of Devonshire, at East Smithfield, London, tailors, Feb. 25 at 12, Court of Bank. Stonehouse. - John Pugh, Walsall, Staffordshire, cabinet ruptcy, London, aud. ac.-Wm. Andrew, High-st., Shadwell, maker, Feb. 27 at 10, County Court of Staffordshire, at Middlesex, baker, Feb. 25 at 12, Court of Bankruptcy, Lon. Walsall.William Wannop, Scotby, Wetheral, Cumberland, don, aud. ac.- Richard Tredinnick, Haymarket, Middlesex, tanner, March 16 at 10, County Court of Cumberland, at mining broker, Feb. 25 at 12, Court of Bankruptcy, London, Penrith.---Thos. Lowe, Queen's-terrace, Queen's-road, Baysaud. ac.- Elizabeth Morris, Gloucester, grocer, March 2 at water, Middlesex, schoolmaster, March 2 at 10, County Court 11, District Court of Bankruptcy, Bristol, aud. ac.-John of Lincolnshire, at Lincoln.-Wm. Lister Steele, Kildwick, Botcherby, Darlington, Durbam, coal owner, March 8 at 1, Yorkshire, stonemason, Feb. 24 at 10, County Court of York District Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac shire, at Skipton.-John Davies, Cacca Dutton, Holt, Den. -Henry Reading, Birmingham, draper, March 15 at 12, bighshire, farmer, Feb. 28 at 10, County Court of DenbighDistrict Court of Bankruptcy, Birmingham, aud. ac.; March shire, at Wrexham.-William Ogden, Salford, Lancashire, 22 at 12, fin. div.- Robert J. Williams, Birmingham, linen packer in a warehouse, March 18 at 10, County Court of Landraper, March 15 at 12, District Court of Bankruptcy, Bir- cashire, at Salford. ---Ann Milner, Manchester, provision-shop mingham, aud. ac.; March 22 at 12, div.-John B. Nicklin, keeper, March 6 at 12, County Court of Lancashire, at ManWolverhampton, Staffordshire, ironmonger, March 15 at 12, chester-John Shaw Barnes, Manchester, lime dealer, March District Court of Bankruptcy, Birmingham, aud. ac.; March 6 at 12, County Court of Lancashire, at Manchester. 22 at 11, div.-Thomas Browne, Amble House, Northumber. The following Persons, who, on their several Petitions filed in land, shipowner, March 8 at 12, District Court of Bank.

the Court, have obtained Interim Orders for Protection ruptcy, Newcastle-upon-Tyne, aud. ac. – John Rampoldi, from Process, are required to appear in Court as hereinNewcastle-upon-Tyne, toyman, March 8 at half-past 1, Dis- after mentioned, at the Court-house, in Portugal-street, trict Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac.- Lincoln's Inn, as follows, to be examined and dealt with Benjamin N. Dodd, Hetton-le-Hole, Durham, grocer, March according to the Statute:10 at 12, District Court of Bankruptcy, Newcastle-upon- March 1 at 10, before Mr. Commissioner MURPHY. Tyne, aud. ac.-Joseph Cundall, Old Bond-street, Middlesex,

John Heylen, Stamford Brook Cottage, New-road, Ham. publisher, March 8 at 1, Court of Bankruptcy, London, div. mersmith, Middlesex, milkman.-Reyneir Randle, Ward-st., --John Boyd and James Boyd, Wellington chambers, South- Lambeth, Surrey, machinist.-James Cracknell, Leonard-st., wark, Surrey, hop merchants, March 9 at 2, Court of Bank- Curtain-road, Shoreditch, Middlesex, carman. ruptcy, London, div. - Christian King, New Bond-street, Middlesex, revalenta arabica importer, March 16 at 11, Court Assignees have been appointed in the following Cases. Pur.

Saturday, Feb. 11. of Bankruptcy, London, div. - Thomas Minnitt, Mansfield, Nottinghamshire, seed merchant, March 17 at 10, District

ther particulars may be learned at the Office, in Portugal. Court of Bankruptcy, Nottingham, aud. ac. and div.-D.

street, Lincoln's-inn-fields, on giving the Number of the

Case. Bradbury, Derby, builder, March 17 at 10, District Court of Bankruptcy, Nottingham, aud. ac. and div.- Robert James,

William Harbour, Diss, Norfolk, grocer, No. 77,510 C.; Lenton, Nottinghamshire, lace maker, March 24 at 10, Dis- Manning Prentice, assignee.- Charles Hooper Cope, Hulme, trict Court of Bankruptcy, Nottingham, div.-J. Fiddaman, Manchester, accountant, No. 77,548 C.; Emanuel Hird, Newark-upon-Trent, Nottinghamshire, currier, March 24 at assignee.. Thomas Searle, Torpoint, Cornwall, shipwright, 10, District Court of Bankruptcy, Nottingham, fin. div. No. 77,263 C.; Horatio Pickard, assignee.- George Parker, Matthew Sibson, Grove, near Wrexham, Denbighshire, cattle Cambridge-street, Pimlico, Middlesex, in no business, No. dealer, March 9 at 11, District Court of Bankruptcy, Liver. 63,908 T.; Thomas Sharpus and John Bremner, assignees.pool, div. - John Lilley and Alfred Ashmall, Liverpool, James Terry, Fox-place, Sandy-hill, Plumstead, Kent, baker, merchants, March 9 at 11, District Court of Bankruptcy No. 64,137 T.; Frank Clark Hills, assignee. Liverpool, div.

Saturday, Feb. 11.
CERTIFICATES.

Orders have been made, vesting in the Provisional Assignee To be allowed, unless Cause be shewn to the contrary on or the Estates and Effects of the following Persons: before the Day of Meeting.

(On their own Petitions). Caleb Ambrose, Sheerness, Kent, ironmonger, March 8 at Frances Stocker, widow, Bentinck-st., Manchester-square, half-past 1, Court of Bankruptcy, London. - Wm. Hinde, Middlesex : in the Debtors Prison for London and Middlesex. Bedford, plumber, March 8 at half-past 12, Court of Bank - Robert John Benjamin Chambers, Cecil-st., Strand, Midruptcy, London.- Jacob Wright, Holywell-street, Shoreditch, dlesex, navy surgeon on half-pay: in the Debtors Prison for Middlesex, licensed victualler, March 16 at 1, Court of Bank London and Middlesex.-- Geo. Harrison, Drummond-street, ruptcy, London.-Henry Dawber, Lincoln, butcher, March Euston-square, Middlesex, letter carrier : in the Debtors 22 at 12, District Court of Bankruptcy, Kingston-upon-Hull. Prison for London and Middlesex.--Robert Rigg, Great Suffolk-street, Southwark, Surrey, linendraper : in the Queen's

On the 22nd February will be published, price 158., Prison. - John Joseph Hedley, Henry-street, Commercial. A SYNOPSIS. of the LAW relating to INDICTABLE road East, Middlesex, patent windlass manufacturer : in the respective Punishments

, the necessary Evidence, together with OhDebtors Prison for London and Middlesex.— Henry Crux, servations, embracing a condensed Digest of Cases, are tabularly arFarringdon-st., London, miller : in the Debtors Prison for ranged: and comprising also References to Precedents of Indictments London and Middlesex.-R. Steers, Alpha-place, Old Kent- for each Offence, and to the Text writers on Criminal Pleading and road, Surrey, out of employ: in the Debtors Prison for jesty's Courts at Adelaide, South Australia. The Second Edition

. London and Middlesex.-James Gregg, Ealing, Middlesex, including the recent Alterations in the Practice in Criminal Proceedings inspector of weights and measures: in the Debtors Prison for and Punishments. By LEOFRIC TEMPLE, Esq., of Lincoln's-ina, London and Middlesex.John Clarke Calling, Marlborough. Barrister at Law.

London: W. Maxwell, 32, Bell-yard, Lincoln's.ian. terrace, Queen's-road, Dalston, Middlesex, surveyor: in the Debtors Prison for London and Middlesex.--Thos. Salmon, THE QUEEN'S BENCH REPORTS, MICHAELMAS TERM LAST.

This day is published, Vol. 2, Part 3, price 12s. 6d., Sussex-road, Brixton, Surrey, cab driver: in the Gaol of Surrey.-- Geo. Smith, Fitzroy-st., Fitzroy-square, Middlesex, THE QUEEN'S BENCH REPORTS of MICHAEL.

MAS TERM LAST. By T. F. ELLIS and COLIN BLACK. painter : in the Debtors Prison for London and Middlesex.- BURN, Esqrs. The Reports are in continuation of Adulphus & Ellis's Geo. Fortescue Ogle, Spring-street, Paddington, Middlesex, New Series, and will in future be published shortly after each Term. bachelor of medicine : in the Queen's Prison. - Alexander

S. Sweet, 1, Chancery lane. Maugham, Bridge-road, Battersea, Surrey, beer-shop keeper: Now ready, in 2 vols. royal 8vo.,

price 388., the Third Edition of in the Gaol of Surrey.- Alice Clark, Manchester, out of busi- THE LAW of CONTRACTS. . By C. G. ADDISON, ness : in the Gaol of Lancaster.-Thos. Midgley, Thornton, Selling, Letting and Hiring. Borrowing and

Lending, Mortgage and near Bradford, Yorkshire, woolcomber : in the Gaol of York. Pledge, Work and Services, Charterparties, Bills of Lading, Bills of -Thos. Pinder Cliff, Lowgate, Kingston-upon-Hull, extra Exchange, Promissory Notes, Bailments, Maritime Fire and Life Instweigher in her Majesty's Customs : in the Gaol of Kingston- rance, agency, Suretyship, Partnership, Joint-stock Companies, &c. upon-Hull.—Thomas Blunn, Clifford-chambers, Gloucester. London: Stevens & Norton, Law Booksellers, Bell-yard, Lincoln's-inn. shire, saddler: in the Gaol of Gloucester.-A. R. R. Preston,

Just published, price 10s. in boards, Lewes, Sussex, assistant surgeon in the Royal Navy: in the KERR'S ACTION AT LAW; comprising an Outline of Gaol of Lewes.-T. Smith, Hove, Sussex, greengrocer : in the

the Jurisdiction of the Superior Courts of Common Law, with

an Elementary View of the Proceedings in Personal Actions and in Gaol of Lewes.- James Lloyd, Grafton St. Martin, Here

Ejectment. fordshire, innkeeper : in the Gaol of Hereford.—J. Browne

“We recommend every member of both branches of the Profession to Smith, Stoke-upon-Trent, Staffordshire, attorney: in the buy Mr. Kerr's very able and useful book, for we can scarcely conceive Gaol of Stafford. -Ambrose Clarke, Mickle Trafford, Che- any one who will not be instructed or aided by its perusal."-Lax

Magazine. shire, in no business : in the Gaol of Chester.-Edw. South, London: William Henry Bond, s, Bell-yard; Wildy & Sons, Lincoln'sYork, out of business : in the Gaol of York.- Joshua Small. inn-archway; and William Amer, 19, Bell-yard, Law Bookseller. man, Salford, Lancashire, hat manufacturer: in the Gaol of

Price 2s. Gd., Lancaster.-John Neill, West Houghton, near Bolton-leMoors, Lancashire, joiner : in the Gaol of Lancaster.-W. THE JUDGMENT of the Court of QUEEN'S

BENCH (literal and entire from the Short-hand Writer's Notes) Cawsey, Sidmouth, Devonshire, artist: in the Gaol of St. upon the Application of Mr. W. H. BARBER for his ATTORNEY'S Thomas-the-A postle.—Anthony Thomas Blest, King-street, CERTIFICATE. With New Evidence and Remarks. Woolwich, Kent, out of business : in the Gaol of Maidstone. to deny that he has made out a case for a rehearing on the question of

"We are unacquainted with Mr. Barber's plans, but it is impossible -Jas. Diggles, Great Horton,

near Bradford, Yorkshire, out his certificate."--Law Magazine, Feb. 1854. of business : in the Gaol of York.- William Burson, jun., London: Crockford, Essex-strect, Strand. Liverpool: Rockliff & Sons. Grove, near Wantage, Berkshire, baker : in the Gaol of Read

SHERIFF S' FORMS OF ing.–Thomas Peach, Castle Donington, Leicestershire, brick.

Warrants,

Bailiff's Summons, layer's labourer : in the Gaol of Leicester.-James Durose,

Precepts,

Index of Writs, Bromshall, near Uttoxeter, Staffordshire, shoemaker : in the

Bonds,

Rule Book,

Bill of Sale, Gaol of Lancaster.—Thos. Capas, Birmingham, builder : in Deputation to grant Replevin, Daily Returns of London Agent, and the Gaol of Coventry.-John Manning, Birmingham, tailor : all other forms required by Sheriffs, their Deputies and Ayents. in the Gaol of Warwick.-John Dallow, Wolverhampton,

London: James Sullivan, 22, Chancery-Jane. Staffordshire, clerk to carriers by canal : in the Gaol of 212° SAFES.-MILNERS' HOLDFASTS, fire-resisting Stafford.

by ,

are the strongest, best, and cheapest, because the only effectual safeThe following Prisoners are ordered to be brought up before guards against fire, robbery, or violence, for ledgers, deeds, cash, or the Court, in Portugal-street, to be examined and dealt valuables. Lord Chief Justice Campbell

, in summing up on the late with according to the Statute:

trials for infringement of Milners' Safes, was pleased to observe:—" He

must say he had been astonished to find such strong evidence of their Feb. 28 at 10, before Mr. Commissioner MURPHY. usefulness; up to this hour he had no idea that there were any human

means of so effectually preserving papers from the action of fire. It was James Hamilton Browne the elder, Royal Avenue-terrace,

a comfort for one to know that there was such an invention, by which Chelsea, Middlesex, selling wine on commission.

valuable documents might be rendered secure, notwithstanding the March 1 at 10, before the Chief COMMISSIONER.

calamity of fire.” As to whether it is useful, it appears to be allowed on

all hands; it seems to be a most marvellous preservative against fire, Thos. Heatherley the younger, Guildford-place, Exmouth- for the water remains permanently held in artificial or natural vessels

; street, Clerkenwell, Middlesex, artist.

and the very calamity brings the cure, for the heat releases the water

or moisture, and then it is turned into steam, and the steam moistens March 2 at 11, before Mr. Commissioner PHILLIPS. the substance that is to be preserved, and so it is an effectual guard James Johnson, River-terrace, York-buildings, King's. against fire.

Milners' Phenix Safe Works, Liverpool. London Depot, 47 A, cross, Middlesex, out of business.

Moorgate-street, City, London. The following Prisoner is ordered to be brought up before

REVERSIONARY.INTEREST SOCIETY.a Judge of the County Court, to be examined and deali LAW

Offices, 68, Chancery-lane. with according to the Statute :

Chairman-RUSSELL GURNEY, Esq., Q. C., Temple.

Deputy Chairman-NASSAU W.SENIOR, Esq., Master in Chancery. At the County Court of Cheshire, at CHESTER, Feb. 28. Annuities, (Immediate, Deferred, and Contingent', and also Endow

Thomas Hitchmough, Top Locks, Runcorn, general com- ments, granted on favourable terms. Reversions and Life Interests mission agent.

purchased.

Immediate and Deferred Annuities granted in exchange for Rerer MEETINGS.

sionary and Contingent Interests. John Harper, Redmarley D'Abitot, Worcestershire, yeo. Hours of attendance from 10 to 4. Proposals by Letter may be

Feb. 28 at 11, Court-house, Portugal.st., Lincoln's-inn- addressed to the Secretary. fields, London, pr. d.- John Kindred, Framlingham, Suffolk,

Printed by HENRY HANSARD, PRINTER, residing at No. 14. miller, Feb. 28 at 12, Court-house, Portugal-st., Lincoln's. Park Square, Regent's Park, in the Parish of St. Marylebone, in the inn-fields, London, sp. aff.

County of Middlesex, at his Printing Office, situate in Parker Street, in the Parish of St. Glies-in-the-Fields, in the County aforesaid, and Published at No.3, CHANCERY LANE, in the Parish of St. Dunstan

in L care, expedition, and economy; and New Forms of Chancery | SELLER and PUBLISHER, residing at No. 41, Great Coram Street, in Affidavits, Orders, Petitions, Summonses, Subpænas, Warrants, Stamps, the Parish of St. George, Bloomshury, in the County of Middlesex. &c., sold by J, SULLIVAN, 22, Chancery-lane.

Saturday, February 18, 1854.

NEW

man,

No. 894-Vol. XVIII.

FEB. 25, 1854.

Price 1s., with Supplement, 2s.

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NAMES OF THE CASES REPORTED IN THIS NUMBER.
ROLLS COURT.

BAJL COURT.
Stainton o. The Carron Company:-(Demurrer-Par.

Reg. v. Harden. - (Mandamus Shewing Causeties- Suit by Residuary Legatees against Debtors

Costo)

147 to Estate)..

137

COURT OF COMMON PLEAS.

Crouch v. The London and North-western Railway VICE-CHANCELLOR KINDERSLEY's Court.

Company:-(Railway Company, Common Carrier Whitehead v. Bennett. -(Will Absolute Interest

beyond the Realm of England--Liability to carry Heir)..

140 ali Goods tendered - No general Right to inquire Commerell v. Bell.-(Practice-Supplemental State

Contents of Parcel tendered—Packed Parcels" ment).....

141
-8 8.9 Vict. c. 20, 88. 86, 87, 89)

148 VICE-CHANCELLOR STUART's COURT.

COURT OF EXCHEQUER.
Sibbald o. Lowrie.-(Vendor and Purchaser - Ab-

Barrett v. Power.-(Practice-Security for Costs-
Convicted Felon)...

156 stract of Tille-Time for Investigation - Long Possession--Waiver-Specific Performance) 141

CROWN CASES RESERVED.

Reg. v. Burton.—(Larceny - Proof of Corpus delicti) 157 COURT OF QUEEN's Bench.

Reg. v. Sharman.-(Forgery at Common Law, Ut. Walker c. The York and North Midland Railway Com

tering)

157 pany.- (Railway Company, Carrier-Limitation Reg. v. Green.-(LarcenyMaster and Servant- Ac. of Liability-Public Notice-Special Contract

count between)

158 Il Geo. 4 & 1 Will. 4, c. 68, 88. 4, 6)

143 Reg. v. Hewgill.-(False Pretences— Variance-Evi. Ellis 0. The Sheffield Gas Consumers' Company.

dence)

158 (Action on the Case Injury Contractor and

Reg. v. Beaumont.-(Embezzlement - Money received Principal, Public Nuisance). 146 on Account of Master)...

159

4

ADVERTISEMENTS.

and the Bar, and punished the suitors in their tenderest The Scale of Charges for Advertisements will in future be affections; and one would not have thought the task as follows:

£ 8. d. very difficult. However, it turns out that it was very For 2 lines or under

0 2 0

difficult. At any rate, the sort of parliamentary chlo3

0 2 6
0 3 0

roform, which apparently emanates from a sheet of 5

0 3 6 paper the moment it is destined to be the recipient of 6

0 4 0

a draft act, so far mystified the learned persons who And so on, at the rate of 6d. per line.

drew that 53rd clause, that it turns out that supple*** A discount, proportioned to the number of repetitions, will be allowed upon all Advertisements ordered for three or mental bills

, and much of the venerable learning more insertions.

attached to them, subsist and flourish in despite of the

rude hand of the reformer; and that there may yet, perLONDON, FEBRUARY 25, 1854. haps, be demurrers, because bills, not strictly original,

are yet not the precise kind of bills that they should be. THERE appears to be something in the mere act of It has now been decided, according to the unanimous sitting down to draw an act of Parliament, destined to opinion of all the judges, that the 53rd section does not reform the law, which deprives men of their brains, apply after decree; and does not apply before decree for and affects straightforward, clear-headed men with a the purpose of bringing new parties before the Court, compound of subtlety and blindness, productive of the but only for bringing forward new facts between the most finished incapacity for clearness. There are two same parties. So that in innumerable instances supstriking instances of this in what is termed the Chan- plemental bills will still be necessary. Of course every cery Improvement Act, 15 & 16 Vict. c. 86. The defect, which before could exist in a supplemental bill, first arises on the 53rd section of the act ; the second may now exist. In fact, therefore, instead of being on the 31st.

better off, we are even worse off under the act than There cannot be much doubt that the learned and before. We have two classes of difficulties those able persons (that is, learned and able till they para- attending the question when a supplemental state. lysed themselves by attempting to draw an act) who, ment is proper; and those attending supplemental bills in substance, framed the act, meant to get rid as much when thrown back upon them. as possible of all the nice distinctions arising about The next specimen of the perplexed state of mind supplemental matter purely, and supplemental matter into which men, otherwise, as we have said, clearin the nature of original matter, &c.; in fact, of all the headed, get when they attempt to draw law acts of worse than useless learning which, while it ornamented Parliament, arises out of the 31st section, which directs, the pages of Lord Redesdale, puzzled both the Bench that when evidence is taken orally, it shall be taken in Vol. XVIII.

G

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the manner practised in courts of common law when a Vict. c. cii); and the general purpose is the making of witness is going abroad, and is not expected to return Victoria-street, and some other streets immediately conbefore the trial. Now, upon this section, the question tiguous to it. By the 37th section of the first act the recently came before the Court of Chancery*, whether, commissioners are empowered “from time to time to when a witness is examined orally before the examiner, borrow at interest any sum of money which they shall and one party puts into his hand a written document, judge necessary for the purposes of this act; and for and asks him merely to prove the handwriting, without securing the repayment of the monies so borrowed, with putting any other question whatever, the counsel on interest, the commissioners, or any three of them, may the other side may then require to see the document. mortgage the lands or funds acquired, or to be acquired, The Court very naturally looked to the act, and finding by them by virtue of this act, .... or may secure the a direction to act according to a particular practice at same by bond duly stamped.” Sect. 38 refers to a form common law, also very naturally inquired what that of mortgage in the schedule to the act; and sect. 40 practice was. It then turned out, that although, of directs the commissioners to keep a register of all mortcourse, the practice at a Nisi Prius trial, is perfectly gages and bonds, which is to be open to the inspection well known, no trace of any special practice under a of parties interested. commission at common law, could be found in the The commissioners have powers to purchase the probooks. Phillips, Starkie, and Taylor were alike silent, perty required for the new streets, and by sect. 81 are and no reported case could be found. Counsel on the empowered to lease such of the purchased lands as one side informed the Court, that he was informed by are not required for making the streets, either competent common-law counsel that the practice at at a rent, or without any rent,” and “may, if they common law was different under a commission, from think fit, accept and take any fine for the granting what it was at Nisi Prius. Of course, counsel on the thereof.” By sect. 82 the commissioners are to sell the other side was informed, on equally good authority, that ground-rents and reversions; "and the commissioners it was the same.

shall, at the request, costs, and charges of the purNow, if the authors of the 15 & 16 Vict. c. 86, had chasers of the same premises respectively, upon paybeen drawing anything but an act of Parliament, they ment of the money agreed to be given for the same would have referred to some well-known practice, and respectively to the commissioners, by deed under the either directed it to be rigidly followed, or pointed hands of any three commissioners, convey and assign out the exceptions. But, in drawing an act of Par- the land so purchased by such purchasers respectively, liament, so plain a course was too much for human together with the houses, erections, and buildings then nature; and accordingly they pass by the practice at erected and built, or to be erected and built, thereNisi Prius, as well known as our legal A B C, and on respectively, and the fee-simple and inheritance they hunt out a lex non scripta—a practice buried in thereof, with the appurtenances, to such purchasers rethe bosoms of ephemeral commissioners, of which nei- spectively, their heirs and assigns respectively, or as ther text-writers nor anybody else seem to know any- they respectively shall in that behalf order or direct, thing positively; and in this difficulty have they placed free from all incumbrances, (except the building leases Courts of equity. How they will get out of the diffi- or agreements to be granted thereof by virtue of this culty remains to be seent; but it is plain that difficulty act).” By sect. 84, after conveyances or leases shall be there need have been none, if the parliamentary drafts- executed, the property shall be held “ discharged from man would only have been satisfied to be simple, and all mortgages or other charges previously made by the to have referred to some well-known practice, with or commissioners, without the mortgagees or other parties without qualification.

entitled to such charges concurring in the conveyance

or lease;" but the purchase money is to be liable to the The Westminster Improvement Bonds being fre existing mortgages and charges on the land for which it quently advertised for sale, by auction and otherwise, and the advice of lawyers rather than of stockbrokers schedule for the form of a bond, and the proviso at the

By the second act, sect. 50, a reference is made to the being likely to be asked about investing money in them, end of it is material, being in these words—“ Provided it may be not altogether useless to mention one or two always, that the lands, tenements

, money, property, points which appear not impossible to arise respecting and effects of the said commissioners to be acquired them. There are three acts of Parliament authorising the them, shall alone be answerable to pay and satisfy the

under or for the purposes of the said act, or either of “ improvements,” and empowering the commissioners principal sum and interest secured by the before-written to borrow money. These acts contain many strange bond, and that the commissioners shall not in any case things, but nothing will be at present noticed except be personally liable to pay the same principal and inthe powers of borrowing, and securing the monies bor

terest, or any part thereof." rowed. The acts are the Westminster Improvement Act, 1845, (8 & 9 Vict. c. clxxviii), the same, 1847, that the commissioners“ grant and assign unto A. B.,

The mortgage in the schedule to the first act is simply (10 & 11 Vict. c. cxxxi), and the same, 1850, (13 & 14 | his executors, administrators, and assigns, all &c., to

hold &c. from this day until the said sum of £-, * Lord v. Colvin, before Sir R. T. Kindersley, V. C.

+ This was written and printed before the decision of the with interest, &c., shall be fully paid and satisfied.” Lords Justices in the same matter on the 23rd instant. Their By the third act, sect. 18, the commissioners are Lordships appear rather to have passed by, than got over, the authorised to mortgage, with powers of sale, and to condifficulty.

firm powers of sale contained in, or to add such to, previous mortgages; and sect, 19 confirms all previous immediate use, and then sells it, is he to be charged on powers of sale. Sect. 20 authorises mortgages to be the improved value? The omission in the act is doubtgiven in addition to existing bonds, and bonds in addi- less attributable to the clause in question having been

inserted at the last moment in the House of Commons. tion to existing mortgages, and future borrowings to be

Your obedient servant, secured both ways.

Lincoln's Inn, Jan. 23, 1854.

W. A. It will be observed, first, that there is no limit to the amount which may be borrowed; secondly, that money may be secured by mortgage or by bond, or by both;

COMMISSIONERS TO ADMINISTER OATHS thirdly, that in no case are the commissioners personally

IN CHANCERY. responsible; fourthly, that the bonds are declared to be charges on the property to be acquired by the commissioners under the act; and, fifthly, that such charges The Lord Chancellor, under the powers of the 16 & are declared by statute.

17 Vict. c. 78, intituled “ An Act relating to the ApSuch being the circumstances, what are the rights of pointment of Persons to administer Oaths in Chancery,

and to Affidavits made for Purposes connected with the bondholders in relation to the mortgagees and to Registration,” has appointed the following gentlemen each other?

to be Commissioners for administering Oaths in ChanIf the bonds are to be considered as really charges cery: upon the property of the commissioners, then it would

To be London Commissioners. seem that the maxim “qui prior est in tempore, potior John Combe, 9, Staple-inn. est in jure” will apply, and an early bond will have William Helder, 10, Lancaster-place, Strand. priority over subsequent bonds, and also over subsequent John Duffin Thomson, 68, Lincoln’s-inn-fields.

Robert Bradfield Sanders, 1, New-inn, Strand. mortgages; and in such case the value of a bond might Henry Nicol, 88, Queen-street, Cheapside, City. depend upon its date, and the value of a mortgage upon Cheslyn Halí, 16, New Boswell-court, Lincoln's-inn. the amount of bonds existing at its execution. A bond Ralph Thomas, 7, South-square, Gray’s-inn. would be in substance a mortgage of the whole property Henry H. Barnes, 2, Great Winchester-street, City. of the commissioners.

William Ansell Boyle, 19, John-street, Bedford-row. On the other hand, if the obtaining the legal estate Edwin Smith, 2, Cloisters, Temple.

John Linklater, 17, Sise-lane, City. by mortgage is to be held as giving priority to then James Crosby, 3, Church-court, Old Jewry, City. existing bonds, the consequence is obvious, that all the William Newman, 43, Lincoln's-inn-fields. property might be mortgaged, and so the bondholders David Hughes, 13, Gresham-street, City. have a charge upon nothing.

Park Nelson, 11, Essex-street, Strand. The statutes, and particularly the 20th section of the Edward Forward Sealy, 27, Moorgate-street, City. act of 1850, treat the mortgage and the bond as secu- John Murray, 7, Whitehall place.

Henry Edwards, 8, Ely-place, Holborn. rities of a different nature; and so it would rather Thomas Wootton, 10, Tokenhouse-yard, City. appear that the mortgages have preference to the bonds. John Thomas Bennett, 18, Doughty-street, MecklenThe commissioners may have ample funds for pay

burgh-square. ment of everybody, and in that case no difficulty will Adam Rivers Steele, 1, Lincoln's-inn-fields. arise; but in the event of the property not selling to Charles Bell, 36, Bedford-row, Holborn.

Richard John Cole, 12, Furnival's-inn. advantage, and any deficiency occurring, the preceding Octavius Dillingham Mordaunt, 1, Warwick-street, observations shew that there may be a question as to Regent-street. the parties to bear the loss.

James Taylor, 15, Furnival's-inn, Holborn.

To be Commissioners in England.
Correspondence.

George Whitmore Chinery, Twickenham, Middlesex.
Ayerst Hooker, Faversham, Kent.

Thomas Cornish, Penzance, Cornwall.
CASUS OMISSUS IN THE SUCCESSION DUTY John Pares Bickersteth, Salisbury, Wiltshire. i
ACT.

James Gill, Birkenhead, Cheshire.

John Baker, Ilminster, Somersetshire.
TO THE EDITOR OF THE JURIST."

Richard Aubrey Essery, Swansea, Glamorganshire. SIR,-Sect. 23 of the act 16 & 17 Vict. c. 51, pro- George Morris the younger, Shrewsbury, Shropshire. vides, that where timber, &c. shall be comprised in any Henry Bernard, Wells, Somersetshire. succession, the successor shall be chargeable with duty George William Prescott, Stourbridge, Worcestershire. upon his interest in the net monies which shall from George Hughes Martin, Chester. time to time be received from any sales of such timber, Henry Tiffen, Sudbury, Suffolk. if such monies exceed 101. yearly. The statute appears William Swaine, Rochford, Essex. to me only to provide for the case of timber being felled for immediate sale; but what is to be done where the

To be a Commissioner in the Channel Islands. owner of such timber manufactures it himself, and sells George Edw. Evans, St. Helier, in the Island of Jersey. it as a manufactured article; e. g. where the owner of the timber saws it in his own saw-mill, and sells the planks? Where timber devolves on a carpenter, ma- The Right Hon. Sir John Jervis, Knt., Lord Chief chine-maker, or shipbuilder, and is used by him for the Justice of her Majesty's Court of Common Pleas at purposes of his trade, surely the duty cannot be charged Westminster, has appointed Thomas Hugh Peake, of on the amount received on the manufactured article; Worcester, Gent., to be one of the Perpetual Commisyet no provision is made for assessing it otherwise. So, sioners for taking the acknowledgments of deeds to be where the successor to timber fells it, and stacks it in executed by married women, in and for the city of his own timber-yard till it is properly seasoned for I Worcester, also in and for the county of Worcester.

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