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of Bankruptcy, Liverpool. --- Stephen Davis, York, furrier, manager to the Royal Surrey Theatre.-John Hunter, East. March 27 at 11, District Court of Bankruptcy, Leeds. John hill, Wandsworth, Surrey, assistant chaplain to the Wands. Strachan, Newcastle-upon-Tyne, common brewer, March 24 worth and Clapham Union. at 12, District Court of Bankruptcy, Newcastle-upon-Tyne.- March 15 at 10, before Mr. Commissioner MURPHY. Thomas Henderson, Newcastle-upon-Tyne, draper, April 4 at Jane Hall, Bridge-place, City-road, Middlesex, generalhalf-past 11, District Court of Bankruptcy, Newcastle-upon- shop keeper:-Wm. R. Wright, Plaistow, Essex, merchant's Tyne. - Edward Henry Street, Exeter, Devonshire, cabinet clerk.- Wm. Hunt, Waltham Cross, Hertfordshire, brewer. maker, March 23 at 1, District Court of Bankruptcy, Exeter. -Mary Ann Page, Royal Crescent-mews West, Notting-hill, -William Sims, Redruth, Cornwall, linendraper, March 23 Middlesex, out of business.-William Edwards, Kent-street, at 1, District Court of Bankruptcy, Exeter.-Wm. Falla, White-street, Southwark, Surrey, blacksmith.-Charles Davis, Holme, Lancashire, builder, March 30 at 12, District Court Tiverton-st., Newington-causeway, Southwark, Surrey, furniof Bankruptcy, Manchester.- John Clegg, Liverpool, licensed ture broker. victualler, March 21 at 11, District Court of Bankruptcy.
Friday, Feb. 24. Liverpool.-William Harris Spicer, Dudley, Worcestershire, Assignees have been appointed in the following Cases. Fur. and Wolverhampton, Staffordshire, hatter, April 3 at 10, ther particulars may be learned at the Ofice, in Portugal. District Court of Bankruptcy, Birmingham.
street, Lincoln's-inn-fields, on giving the Number of the To be granted, unless an Appeal be duly entered.
Case. Moses Draper, High-street, Southwark, Surrey, and Rams- Daniel Hurley, Houndsditch, City, licensed victualler, No. gate, Kent, straw-bonnet maker.-- T. Chapman the younger, 64,162 T.; Louis Castrique, assignee.-Wm. P. M. Croft, Chenies-street, Tottenham-court-road, and Great George-st., Great Windmill-st., Haymarket, Middlesex, licensed victualler, Euston-square, Middlesex, dairyman.- George Turner, St. No. 64,191 T.; James Chilton, assignee. George's-place, North · Brixton, and Wandsworth, Surrey,
Thursday, Feb. 23. baker.- Joseph Johnson the younger, Liverpool, estate agent. Orders have been made, vesting in the Provisional Assignee SCOTCH SEQUESTRATIONS.
the Estates and Effects of the following Persons :-Patrick Barry, Arbroath, shipowner.—John Annan, Lydox Mill, Cupar, Fife, flax spinner.-John Smith, Inverness, iron
(On their own Petitions). founder.
Thos. Axtens, Westminster-bridge-road, Lambeth, Surrey, INSOLVENT DEBTORS
in no business : in the Debtors Prison for London and Mid.
dlesex.- James Carter, Chester-place, Old Kent-road, Surrey, Who have filed their Petitions in the Court of Bankruptcy, out of business : in the Debtors Prison for London and Mid
and have obtained an Interim Order for Protection from dlesex.-Ninian Craig, Northumberland-court, Strand, Mid. Process.
dlesex, captain 1st West India regiment: in the Debtors Joseph Bartram, Eakring, Nottinghamshire, wheelwright, Prison for London and Middlesex.--Henry Barth, RussellMarch 18 at 9, County Court of Nottinghamshire, at Newark.court, Drury-lane, Middlesex, bookseller: in the Debtors - Richard Warburton, Liverpool, stonemason, March 6 at 10, Prison for London and Middlesex.-Joseph Steele, Dame. County Court of Lancashire, at Liverpool.--Isaac Knowles, street, Islington, Middlesex, patentee : in the Debtors Prison Liverpool, butcher, March 6 at 10, County Court of Lanca. for London and Middlesex.- Thomas Tarrant, South-street, sbire, at Liverpool.-John Alexander Dutton, tailor, Liver. Hercules-buildings, Surrey, ironmonger : in the Queen's Pri. pool, March 6 at 10, County Court of Lancashire, at Liverpool. son.- Thomas Packer, Blackman-street, Southwark, Surrey, -- John Langdon, Liverpool, shoemaker, March 6 at 10, photographic artist : in the Gaol of Surrey.--Edward FlanaCounty Court of Lancashire, at Liverpool.-John Langsdale, gan, Molyneux-st., Edgeware-road, Middlesex, out of busiWest Derby, Lancashire, commission agent, March 6 at 10, ness: in the Debtors Prison for London and Middlesex.County Court of Lancashire, at Liverpool. - Thomas Guest, Joseph Adams, Lower Thames-st., City, captain of a schooner : Birmingham, guard-chain manufacturer, March 11 at 10, in the Debtors Prison for London and Middlesex.--- Thomas County Court of Warwickshire, at Birmingham.- Ezekiel Price, Broad-street, Lambeth-butts, Surrey, assistant to a Woolf, Birmingham, watchmaker, March 25 at 10, County dealer in marine stores : in the Gaol of Surrey.--John Wood, Court of Warwickshire, at Birmingham.-Wm. Arch, Bir- Lausina New-road, Peckham, Surrey, shoemaker: in the Gaol mingham, butcher, March 25 at 10, County Court of War- of Surrey.- John Coldwell, Harwich-place, Commercial-road wickshire, at Birmingham.-John Spedding, New Monkwray, East, Middlesex, baker : in the Debtors. Prison for London near Hensingbam, Cumberland, out of business, March 21 at and Middlesex.-- Jeremiah T. Hooper, Harper-mews, Theo10, County Court of Cumberland, at Whitehaven. - Jonathan bald's-road, Middlesex, wheelwright: in the Debtors Prison Daniel Sear, Bletchley, Buckinghamshire, carpenter, March for London and Middlesex, --- Thomas Raymond, Bishop's. 20 at 12, County Court of Buckinghamshire, at Newport Pag- road, Paddington, Middlesex, anctioneer: in the Queen's nell.-William Barnes, Fenny Stratford, Buckinghamshire, Prison.- Henry Wm. How. Thomas-street, Hackney-road, draper, March 20 at 12, County Court of Buckinghamshire, Middlesex, out of business : in the Debtors Prison for London at Newport Pagnell.-William Hepher the younger, Swavesey, and Middlesex.-Martin Grimes, Newton-street, Holborn, Cambridgeshire, butcher, March 18 at 10, County Court of Middlesex, out of business : in the Debtors Prison for London Huntingdonshire, at Huntingdon.-George Gardner, Tewkes and Middlesex.- Robert Swift, Emma-place, Commercialbury, Gloucestershire, out of employ, March 16 at 10, County road East, Middlesex, iron bedstead maker : in the Debtors Court of Gloucestershire, at Tewkesbury.--David Gray, New. Prison for London and Middlesex.-James Wrench, Whittle. castle-upon-Tyne, tailor, March 16 at 10, County Court of bury-street, Euston-square, Middlesex, fly proprietor : in the Northumberland, at Newcastle-upon-Tyne. - Samuel Hayes, Debtors Prison for London and Middlesex. - C. Allwork, Hulme, Manchester, vanman, March 20 at 12, County Court Bloomfield-street, North Dalston, Middlesex, out of business : of Lancashire, at Manchester.-Charles Sawkins, Gravesend, in the Debtors Prison for London and Middlesex. – John Kent, plumber, March 4 at 10, County Court of Kent, at Crocker, Goodge-street, Tottenham-court-road, Middlesex, Gravesend.-Obadiah Dutton, Coventry, Warwickshire, watch- van proprietor : in the Debtors Prison for London and Midcase maker, March 22 at 12, County Court of Warwickshire, at dlesex.- Robert Sandys, Connaught-terrace, Limehouse, Mid. Coventry.-J. Beers, Coventry, Warwickshire, brewer, March dlesex, master mariner : in the Debtors Prison for London 22 at 12, County Court of Warwickshire, at Coventry.-John and Middlesex.- Charles P. D'Azene, Essex -street, Strand, H. Cozens, Chilham, Kent, grocer, March 10 at 10, County Middlesex, of no business : in the Queen's Prison. Court of Kent, at Asoford.—Walter Webb, Biddenden, Kent,
Saturday, Feb. 25. butcher, March 11 at 10, County Court of Kent, at Tenterden.
(On their own Petitions). The following Persons, who, on their several Petitions filed in
Wm. Moon, Preston, Laprashire, out of business : in the the Court, have obtained Interim Orders for Protection Gaol of Lancaster. - John H. Baker, Langley Broom, Langfrom Process, are required to appear in Court as herein- , ley Marsh, Buckinghamshire, out of business : in the Gaol of after mentioned, at the Court-house, in Portugal-street, Aylesbury.- Elam Sims, Tredegar, Monmouthshire, geatleLincoln's Inn, as follows, to be examined and dealt with man's servant: in the Gaol of Monmouth.-Mary A. Culmer, according to the Statute:
widow, Dover, Kent, milliner : in the Gaol of Dover.--Caleb March 15 at 10, before the ChieT COMMISSIONER. Gilbert, Coad, Craswell Clodock, Herefordshire, farmer : in Thomas Clement, Artillery-place, Woolwich, Kent, butcher. the Gaol of Hereford.-Wm. Eastwood, Kirk Heaton, near -Wm. Kitto, Hatfield-place, Westminster-road, Surrey, gas Huddersfield, Yorkshire, out of business: in the Gaol of
York.--James Raistrick, Horton, near Bradford,
Yorkshire, A SOLICITOR, admitted in Easter Term, 1852, and pos. tailor: in the Gaol of York.-John Jennings, Manchester, sessed of a good Library, is desirous of an ENGAGEMENT in a out of business : in the Gaol of Lancaster.-Edward Pearson, respectable Office. The prospect of a Partnership preferred. UnesPreston, Lancashire, out of business : in the Gaol of Lan- ceptionable references. Adress M. L., Jurist Office, 3, Chancery-lane. caster.-W. Wharton, Longfield-bill
, near Gravesend, Kent, LAW.
A Gentleman of experience in the Profession is farmer : in the Gaol of Maidstone. - John Poole, Dover, Kent, confectioner : in the Gaol of Dover.-J. Hart, Brighton, CLERK, to take the Management of that Department in Town or Sussex, retailer of beer : in the Gaol of Lewes.-R. Williams, bility. The prospect of a Partnership preferred. Satisfactory references
Country, or as General Managing Clerk in a Country Office of respectaCathay, Bristol, rag dealer : in the Gaol of Bristol.-Thomas given. Address to T. K., Messrs. Waterlow's, Birchin-lane. Youil, Manchester, commission agent: in the Gaol of Man. chester.-A. Mathison, Manchester, brewer's traveller : in the
This day is published, price 6s. 6d. bound, Gaol of Manchester.-F. Draffen, Hulme, Manchester, tailor: THE LAW LIST for 1834: containing a List of the
London Commissioners to Administer Oaths in Chancery, in in the Gaol of Manchester.-F. P. Toms, Kingsbridge, Devon- addition to the usual information. By WILLIAM POWELL, of the shire, lieutenant in the Royal Marines : in the Gaol of St. Inland Revenue Office, Registrar of Certificates. Thomas-the-Apostle.-Wm. Ash, Cotts Beeralstone, Devon.
Stevens & Norton, 26, Bell-yard, Lincoln's-inn. shire, miner : in the Gaol of St. Thomas-the-Apostle.-J.
BLACKSTONE'S COMMENTARIES. Bond Cooke, Rugby, Warwickshire, out of business : in the
Just published, price 31., Gaol of Coventry: --Richard Thomas Hart, Wilmington, near BLACKSTONE'S COMMENTARIES, Twenty-third Edi. Dartford, Kent, licensed victualler: in the Gaol of Maidstone. -Robert Gibson, Wigan, Lancashire, out of business : in the Session, 16 & 17 Vict. By JAMES STEWART, Esq., Barrister.
Fourth Edition, price 20s. cloth, Gaol of Lancaster.-Chas. M Clunan, Manchester, commer- The PRINCIPLES of the LAW of REAL and PER. cial traveller : in the Gaol of Lancaster.- George Foster, SONAL PROPERTY; being the Second Volume of Blackstone. Southport, Lancashire, joiner : in the Gaol of Lancaster.-- This Edition contains the whole of the original Text, incorporating the John Croft, Ashton-under-Lyne, Lancashire, out of business : Alterations, and additional Chapters on the Railway, Copyhold, and in the Gaol of Lancaster.-William Carter Stafford Percy,
Inclosure Acts. Questions are appended to each Chapter of this Edition.
Stevens & Norton, Bell-yard.
Lately published, price 13.6d., ness : in the Gaol of Lancaster.-Richard Williams, Liver. MR. PURTON COOPER'S MANUAL OF CHANCERY pool, pilot : in the Gaol of Lancaster.-Wm. Moore, South his NEW CHANCERY ACTS and ORDERS, which is now ready,
CHAMBER PRACTICE, uniform with the Second Edition of Shore, Blackpool, Lancashire, painter : in the Gaol of Lan- price 48., and will be found very convenient for interleaving. caster.-Edward Holmes, Manchester, out of business: in the
Butterworths, 7, Fleet-street. Gaol of Lancaster.-Jas. Morton, Manchester, out of busi.
Just published, ness : in the Gaol of Lancaster.—John Shaw, Rochdale, Lancashire, woolstapler : in the Gaol of Lancaster.George A DIGEST of all the CASES DECIDED in the
COURTS of EQUITY in IRELAND, as reported in the 12th Rothwell, Rochdale, Lancashire, woolstapler : in the Gaol of and 13th Volumes of the Irish Equity Reports, in the 1st Volume of the Lancaster.
Irish Chancery Reports, and in the 3rd, 4th, and 5th Volumes of The
Irish Jurist. This Digest is incorporated in the 5th Volume of The The following Prisoners are ordered to be brought up before Irish Jurist. Price 30..- Office, 15, College-green, Dublin.
Publisher, Edward J. Milliken. the Court, in Portugal-street, to be examined and dealt with according to the Statute:
. (of March 14 at 10, before Mr. Commissioner MURPHY.
weekly), free by Post, contains-Reports of Cases in the several
Courts of Equity, Law, Bankruptcy, and in the Incumbered Estates Thomas Henry Brewer, Chryssel-road, North Brixton, Court, &c. Yearly Subscription, 308.; Half yearls, 178.; Quarterly, $s. Surrey, housekeeper.
-Office, 15, College-green, Dublin.
Publisher, Edward J. Milliken. March 15 at 10, before the Chier COMMISSIONER.
THE LAW OF SETTLEMENT. John Clarke Catling, Marlborough-terrace, Marlborough
On Tuesday next, in 8vo., price 1s., road, Queen's-road, Dalston, Middlesex, architect. INSOLVENT DEBTORS' DIVIDENDS.
ABOLISHING the REMOVAL of the POOR and REDISTRI
BUTING the BURDEN of POOR-RATE; with a Proposal for more Edward Lawrence Levy, Doughty-street, Mecklenburgh equitably Redistributing that Burden. By ROBERT PASHLEY, Q.C., square, Middlesex, attorney-at-law : 28. 10 d. in the pound. Author of " Pauperism and Poor Laws." -John Barker, Bishop's Hatfield, Hertfordshire, chemist :
London: Longman, Brown, Green, & Longmans. 1.84 6d, in the pound. =Richard Sculthorpe, Northampton: BILLS and CLAIMS in CHANCERY PRINTED with Abingdon, Berkshire, assistant to a coachmaker : 18. 11d. in Affidavits, Orders, Petitions, Summonses, Subpænas and Warrants, the pound.- Edward Hollingworth Delafosse, Craven-street, Stamps, &c., sold by J. SULLIVAN, 22, Chancery-lane. Strand, Middlesex, captain on the reserved list of the Royal
AIN'S SYSTEM of SOLICITOR'S ACCOUNTS. Navy, on half-pay: 48. 6d. in the pound. — Reuben White K
The Fifth (revised and improved) Edition of the Work, illustrahead, Botesdale, Suffolk, farmer : 43.34d. in the pound.- tive of this simple and rapidly-extending system, is now ready, price 6s. M. Marshall, Kingston-upon-Hull, bookbinder : 38. 27d. in Post free. Post-office Orders payable at the Holborn Branch to the pound.—John Jagger Atkinson, Halifax, Yorkshire, stuff GEORGE JAMES KAIN, 8, Brownlow-street, Holborn, London. manufacturer: 18, 38, in the pound. -- Clarence Rhind, Chat: RALPH'S ENVELOPE. PAPER admits of three entire ham-hill, Kent, clerk in her Majesty's Dockyard at Chatham : 58. 3d. (making 128. 101d.) in the pound.-Wm. Crawley, and post-mark are identified with the contents; it is securely selfWood-st., Cromer-st., Brunswick-square, Middlesex, lieusealing, and costs 9s. 6d. per ream; therefore more economical than the
separate note and envelope. Specimens on application.-F. W.RALPH, tenant on half-pay in her Majesty's 27th Regiment of In- Manufacturer, 36, Throgmorton-street, London. fantry : 68. (making 148. 9d.) in the pound. - Colin Baxter
TO SOLICITORS AND COPYHOLDERS. Greenhill, Manor-terrace North, King's-road, Chelsea, Mid.
Now ready, price ls., dlesex; clerk in her Majesty's Ordnance Office : 48. (making SUGGESTIONS and PLAN; with Tables, for the ESTA: 118.81d). in the pound. - Thomas Jennings, Keppel-terrace, King's-road, Chelsea, Middlesex, purser in the Royal Navy: M.A., Author of "A Treatise on Benefit Building Societies,” &c.
IMPROVEMENT SOCIETIES. By ARTHUR SCRATCHLEY, 58. 3d. in the pound.-Wm. Paterson, Wandsworth, Surrey,
C. Mitchell, 12, Red Lion-court, Fleet-street, travelling draper: 28. 04d. in the pound.- Henry Crosby, Loans granted to facilitate the enfranchisement and improvement of Gravesend, Kent, out of business : 208. in the pound.-Geo. copyhold and life leasehold property, by the Western Life Assurance
Eli Wright, Queen-st., Edgeware-road, Middlesex, parchment Society, 3, Parliament-street, London. label manufacturer : 208. in the pound, and interest.- Robert Printed by HENRY HANSARD, PRINTER, residing at No. 14, Welsh, Wellington, Shropshire, draper : 1s. 5d. in the pound. Park Square, Regent's Park, in the Parish of St. Marylebone, in the - George Sheppard, Canterbury-st., York-road, Lambeth, County of Middlesex, at his Printing Office, situate in Parker Street, Surrey, superannuated cook in her Majesty's household : 58. Published at No.3, CHANCERY LANE, in the Parish of St. Dunstas (making 88. 6d.) in the pound.
in the West, in the City of London, by HENRY SWEET, LAW Beox Apply at the Provisional Assignees' Office, Portugal-street, the Parish of St. George, Bloomsbury, in the County of Middleses.
SELLER and PUBLISHER, residing at No. 41, Great Coram Street, in Lincoln's-inn-fields, London, between the hours of i1 and 3. Saturday, March 4, 1854.
No. 896—Vol. XVIII.
MARCH 11. 1854.
Price 1s., with Supplement, 2s.
NAMES OF THE CASES REPORTED IN THIS NUMBER.
COURT or Common Pleas.
Ex parte Bradbury.-(Bankrupt — Examination of, Debt).....
before Commissioner-Commitment for unsatisfacROLLS COURT.
tory Answer-12 & 13 Vict. c. 106, ss. 260, 261In re Barrow.-(Solicitor's Bill— Taration after Pay
189 ment- Improper Items-Foreclosure Suit-Mort. gagor and Mortyagee's Solicitor-Overcharges
Court of EXCHEQUER. Pressure)..
181 The Liverpool Adelphi Loan Association v. Fairhurst. VICE-CHANCELLOR STUART'S COURT.
-(Feme Coverte — Fraudulent RepresentationWoodburne o. Woodburne. — (Will— Construction
Infant-Promise of Marriage-Public Policy) .. 191 Period of vesting—Absolute Interests—Survivor. ship).
Crown Cases RESERVED.
Reg. v. Watts.-(Larceny-Unstamped Agreement-
Chose in Action) ..
192 sue" Word of Limitation) ....
185 COURT OF Queen's BENCH.
CONSISTORY COURT. Turney o. Dodwell.—(9 Geo. 4, c. 14, s. 1- Part Pay- Ciocci o. Ciocci.- (Cruelty-Venereal Disease-Eviment-Giving of a Bill of Exchange) 187 dence of Adultery-Witnesses)
be of a very different description; for, owing to the The Scale of Charges for Advertisements will in future le simplification of Chancery procedure, the reduction in as follows:
€ 8. d. expenses, and the increased judicial staff of the Court, For 2 lines or under
0 2 0
the suitor has no longer any occasion to dread those 3
0 2 6
“eternal gates," the terrors of which were so powerfully 0 3 0
0 3 6 described by the same great authority. The business 6
0 4 0 of the Court now fows on in one unimpeded stream, And so on, at the rate of 6d. per line.
and that "fresh pasture, which is the sweetest,” is A discount, proportioned to the number of repetitions, always to be obtained both in the courts of the first inwill be allowed upon all Advertisements ordered for three or more insertions.
stance and in the court of appeal; though, in reference
to the latter tribunal, we may observe that it is someLONDON, MARCH 11, 1854.
what unjust as well as anomalous; that the suitor has
no certainty whether his case will be heard by the full The Court of Chancery, formerly the most unpopular Court, or by the two Lords Justices, or by the Chantribunal in the kingdom, has now so far relieved itself cellor sitting alone. If there be any advantage in from the opprobrium of its immemorial abuses and op- having the opinion of three judges, or of two judges, inpressive exactions, that in many respects it is considered stead of that of a single judge, the suitor should be by competent authorities as a sort of model court, the entitled to claim this advantage as a right, instead of procedure of which may be generally imitated with obtaining it, as he does now, as a mere matter of advantage to the suitors and the public. The causes chance. which have brought about this happy change are suf- In confirmation of the present satisfactory state of ficiently obvious: the credit is due, in the first instance, Chancery procedure, we may mention that the Divorce to the enlightened inquiries of the Chancery Commis- Commissioners, as well as the Commissioners appointed sioners, and, in the second place, to Lord St. Leonards, to consider the question of testamentary jurisdiction, to whose experienced hands was intrusted the task of have both recommended, that in the new divorce court, moulding into a simple and comprehensive system the which, perhaps, is to be constituted, and in the new reforms which the commissioners had sketched in out- probate court, which is not to be constituted, the Chanline. Some thirty years ago Lord Brougham declared cery mode of procedure should be generally followed. that “no man, who ever put a forensic habit on his The former say, “that in general the process, practice back, would think of advising a suit in equity to re- and pleading shall conform to the process, practice, and cover 501., 801., or 1001. Can there, then, be a greater pleading of the Court of Chancery, as recently imlibel upon the law of a country than to say that a man proved, with such additions as may be beneficially must be kept out of his right, because, if he sought it, derived from the ecclesiastical system.” The recomthe costs of the Court of Chancery will be his inevita- mendations of the latter need no observation, now that ble ruin ?" If the noble and learned Lord were now they have been ignored, and the general plan of reform to put the same question, the answer fortunately would suggested by Sir R. Bethell, and sanctioned by the high VOL. XVIII.
authority of the Master of the Rolls and Sir James jurisdictions, substituting district offices, in which wills Graham, has been adopted by the Lord Chancellor. of personalty up to 15001. may be proved in common This view of the practical effects of the system intro- form. All contentious jurisdiction is for the future to duced by Lord-St. Leonards into Chancery has been be exercised by the Court of Chancery, and it is not acted upon by the Lord Chancellor in the measure anticipated that the amount of business to be transacted which he introduced some short time agoʻ for the trans- will throw much-additional labour on the judges. The fer to the Court of Chancery of the testamentary noble and learned Lord stated that it would occupy jurisdiction ‘at present exercised by the Ecclesiastical about sixty days in the year, which, divided between Courts. In fact, it was scarcely possible for his Lord- the four Chancery judges of the first instance, would ship to have adopted any other course; for, as we have be fifteen days for each. But if the facility which for already observed, the Chancery Commissioners recom- the future will be afforded to suitors, in having all mended that the system of procedure in the new court questions relating to wills decided expeditiously and of probate which they proposed to establish, in all, economically by the same Court, should occasion a senessential particulars, should be the amended procedure sible increase in this description of business, the only of the Court of Chancery. Although the interests of course which then would be necessary would be to Doctors' Commons were very fairly represented on the appoint an additional Vice-Chancellor, the expense of commission, it certainly would have been something which neither Parliament nor the country could with more than a mistake if the Lord Chancellor had sanc- any propriety begrudge. We repeat, that the printioned the constitution of a new and separate tribunal ciple of the measure is sound, inasmuch as it conmerely for the purpose of continuing the monopoly of centrates in one tribunal that jurisdiction which was the testamentary business of the country in the hands arbitrarily and inconveniently divided amongst several of the practitioners of Doctors' Commons. The Queen's tribunals, all having separate courts of appeal. If the Advocate dissented from the report in toto; Sir G. J. Court of Chancery were empowered to summon juries Turner, L. J., Sir R. T. Kindersley, V.C., Sir W. P. to decide questions of fact relating to wills, or if the Wood, V. C., and Sir J. Dodson were in favour of parties were permitted by consent to take the opinion adding the testamentary business to the Court of Chan- of a judge on such questions, with the limitations sug. cery, to be administered on a separate and distinct sys- gested by the Common-law Commissioners, there would tem, as the appellate bankruptcy jurisdiction is now then be no necessity to invoke the aid of any other administered; and the Master of the Rolls, Sir James Court whatever. It is proposed that the probate should Graham, and the Solicitor-General were of opinion that be valid for the whole of England. It is not necessary the most expedient course would be to carry this busi- to dwell upon the obvious advantages which must arise ness to that court which already possessed the largest from the abolition of the doctrine of bona notabilia; share of testamentary jurisdiction-namely, the Court but the noble and learned Lord, to render his measure of Chancery. The majority of the commissioners re- complete, should make provision by which one probate commended that appeals from the proposed new court should be valid and effectual for the whole of the United should be taken in the first instance to the Court of Kingdom. We believe that there are no differences Appeal in Chancery, thereby shewing that to some even in the Scottish system, which is the most disextent they were willing that this description of busi- similar to our own, which would prevent this arrangeness should go to the Court of Chancery. The Chan- ment from being easily made. An impression prevails cellor, exercising, as we hold, a very wise discretion, that divorce cases will be taken to the common-law adopted the views of the minority; for if he had not courts, instead of the mixed tribunal which the comdone so, the case would have stood practically thus - missioners recommend. This, perhaps, would be the the general procedure was to be that of the Court of most judicious course, for the constitution of a new Chancery, the appeal was to be to the Lords Justices, court, without the most overwhelming grounds of and yet a new court was to be constituted ! The necessity, is a measure which experience shews Parsuitors and the public would naturally inquire, for liament will not readily sanction. We trust, that, what purpose ? The only answer which could be given whatever course may be adopted in reference to this would be this—for the benefit of one particular class of extremely difficult and delicate subject, husband and practitioners, whose rights are still to be so tenderly wife, as a matter of justice, will be put on an equality regarded by the Legislature, that for a limited period with respect to both kinds of divorces. The commisthey are to have a monopoly of all the common-form sioners say that “divorces à menså et thoro are little business. The Parliament and people of this country more than separations--they only last until the parties have always regarded with jealousy and suspicion think fit to be reconciled and they are granted at the proposals for the establishment of new courts; and duct of either of them, such as cruelty, adultery, or the
suit of the husband or wife, where the gross misconmuch as they may rejoice that the Court of Chancery like, has rendered it impracticable for them to live has, in the fulness of time, undergone a thorough and together.” They further say, that “divorces à vinefficient reformation, we believe no law reformer would culo should be allowed for adultery, and for adultery have the moral courage deliberately to propose that a only; that divorces à vinculo should be granted on the new court should be established as a second Court of suit of the husband, but that the wife should only Chancery in everything but the name.
have a right to apply for divorce à vinculo in cases of of the Chancellor follows in every particular the scheme confess that we can see no sufficient sanction for this
aggravated enormity, such as incest and bigamy." We of reform which was propounded to Parliament by the distinction, on either moral or religious grounds, and Solicitor-General in April last. It sweeps away all we trust that it will be reconsidered before any measure the multitudinous, inconvenient, and expensive local I on the subject is introduced into Parliament.
saves any right of priority which they might otherwise have possessed. That right of priority would, I ima
gine, be any right obtained by a previous mortgage, or WESTMINSTER IMPROVEMENT BONDS.
by registering judgment in an action on a bond. The TO THE EDITOR OF “ THE JURIST."
proviso as to the liability of the corporate property SIR, - It is extremely important that the statements alone does not appear to me to operate as a charge, but made in a leading article of The Jurist should be is simply expressio eorum quæ tacite insunt. (The correct, not only as to the law, but as to the facts from Sunderland Marine Insurance Company v. Kearney, 15 which its inferences are drawn. It is more especially Jur. 1006). It is, of course, impossible to speak with 80 when the subject of the article is the value and certainty as to this deed without inspecting it, but it effect of securities current in the market, such as West- seems probable that its object was to vest the property minster Improvement Bonds. I lose, therefore, no in trustees for the benefit of all the bond creditors ratetime in calling your attention to an omission in your ably, and that of the two mortgages. The general act, article of last week on that subject, namely, that its 10 Vict. c. 16, which bears the same relation to comwriter did not refer to, and was doubtless not supplied missioners for carrying on public works that the Comwith, a copy of the Westminster Improvement Act of panies Clauses Consolidation Act does to public jointlast session, (16 & 17 Vict. c. clxxvi, local and personal), stock companies, and contains a similar provision for being “An Act to amend and enlarge the Powers and charging mortgages pro ratâ, without priority, does not Provisions of the Westminster Improvement Acts, 1845, seem to be incorporated with any of the Westminster 1847, and 1850."
Improvement Acts; hence the necessity for this trust On a very recent occasion the four acts were laid deed. The probable result will be, that all bond crebefore me, to ascertain the effect and operation of the ditors will share equally. Bond creditors under this bonds, which seem to me, as far as they are affected by deed can only enforce their securities according to its the first three acts, correctly set out in your article. provisions, while previous bond creditors will probably The commissioners are incorporated, with powers to be obliged to accept fresh bonds under it, unless the make certain improvements, and are required to give commissioners prefer to pay them off. Any right or security for the completion of a portion of such im- remedy to which they might be entitled on obtaining provements, namely, in the amount of 10,0001. for the judgment adversely to the proposed arrangement, could completion of Victoria-street, and 50001. for the com- only operate a second charge on the real estate of the pletion of a secondary street. They are authorised to corporation after satisfaction of the bonds granted enter into this security themselves, and the profits of pursuant to the deed.
T. J. B. the undertaking are to be paid to the parties giving such security, who are thus, in consideration of this COMMISSIONERS TO ADMINISTER OATHS limited liability, placed in the position of the share
IN CHANCERY. holders of an incorporated company, of which the entire capital has been paid up. As such a corporation, the The Lord Chancellor, under the powers of the 16 & commissioners are empowered to borrow any sum of 17 Vict. c. 78, intituled “ An Act relating to the Apmoney which they shall judge necessary for the under- pointment of Persons to administer Oaths in Chancery, taking, (Horton v. The Westminster Improvement Com- and to Affidavits made for Purposes connected with missioners, 7 Exch. 780)--that is, the entire working Registration," has appointed the following gentlemen capital—the lenders of which are therefore the parties to be Commissioners for administering Oaths in Chanat whose risk their operations are carried on. There
cery :were, however, certain public grants or charges in aid
To be London Commissioners. of the undertaking, namely, 50,0001., which the Com- Herbert Sturmey, 8, Wellington-street, City. missioners of Public Works (Woods and Forests) were James Goren, 23, South Molton-street, Oxford-street. authorised to apply in its aid after the opening of Vic, Charles Rogers, 22, Manchester-buildings, Westminster. toria-street, and three sums of 30,0001., 20,0001., and Frederick William Remnant, 52, Lincoln's-inn-fields. 30001., which are charged upon the probable increased John Henry Benbow, 1, Stone-buildings, Lincoln’s-inn. value of the poor and highway rates, to be derived from William Hope Whidbey Burnett, 3, Serjeants’-inn, the houses to be erected on the land of the commis
Fleet-street. sioners—the two first after the ascertainment of a William Blackman, 1, Raymond-buildings, Gray’s-inn. certain expenditure, the last with the consent of the Jones Spyer, 30, Broad-street-buildings, City. vestries of the parishes of St. Margaret and St. John, Willoughby Raimondi, 23, Surrey-street, Strand. Westminster; any interim deficiency, however, in the Frederick Kidman Parkinson, 37, John-street, Bedrates is charged on the undertaking in favour of the
ford-row. parishes. The act of 1853, after noticing that Victoria-street William Francis Low, 67, Wimpole-street, Cavendish
Henry Maltby, 7, Bank-buildings, City. had been completed, and the security for 10,0001. vacated, directs that the security for 5000l. shall be given, Henry Tayler, 15, Church-street, Spitalfields.
square. and enlarges the powers of the commissioners. It re- Frederick Maples, 6, Frederick's-place, Old Jewry. enacts their borrowing powers, authorises them to lend William Henry Rymer, 5, Whitehall, Westminster. money, and to erect and purchase houses themselves, Robert George Smith, 6, New-inn, St. Clement
Danes. (ss. 64 et seq.); it shews that the Commissioners of John Frederick Isaacson, 40, Norfolk-street, Strand. Public Works have advanced 30,0001. on the security James Lane, 63, Chancery-lane, and 61, Gracechurchof a mortgage and bond, and that another sum of 30,0001. is specifically charged on certain portions of
street, City, the land in favour of a private mortgage; and in sects.
To be Commissioners in England. 75, 76, and 78, discloses circumstances which may ma- George Harrison Gardner, Windermere, Westmorland. terially affect the bondholders-namely, that on the Charles Thomas Phillips, New Windsor, Berkshire. 26th May, 1852, the commissioners executed a mort- John Henry Wade, Pudsey, West Riding of Yorkshire. gage and deed of settlement for securing the perform- Thomas Forster, Brampton, Cumberland. ance of bonds granted pursuant thereto, and which Charles Reginald Gibson, Dartford, Kent. deeds the statute confirms. It thus provides that pre- William Charles Cripps, Tunbridge Wells, Kent. vious bondholders may exchange their bonds, so as to William Marshall, Durham. become entitled to the benefit of the mortgage, and Charles Anthony Branson, Sheffield.