180 Local and Personal Acts.-Attorneys to be Admuited. of the Carlisle Canal, and the making of a Railway in lieu thereof, from the Newcastleupon-Tyne and Carlisle Railway at Carlisle to Port Carlisle; to repeal the Acts relating to the Carlisle Canal and Dock, and to re-incorporate the Company; to authorise the raising of a further Sum of Money; and to confer additional Powers; and for other purposes. 120. An act to alter and amend the Provisions of "The Governor and Company of Copper Miners Act, 1851," and to confer further Powers on the said Company. 121. An act to enable the South Eastern Railway Company to extend the Reading, Guildford, and Reigate Railway to the Great Railway at Reading; and for other purposes. 122. An act to enable the Warrington and Altrincham Junction Railway Company to extend their Railway to Stockport. 123. An act for incorporating and regulatting the Electric Telegraph Company of Ireland, and for better enabling the Company to establish and work Telegraphs in Scotland and Ireland and between those Countries; and for other purposes. 124. An act for making a Railway from Spalding to Sutton Bridge and Wisbeach. 125. An act for making a Railway commencing by a Junction with the Scottish Central Railway at Stirling, and terminating by a Junction with the Caledonian and Dumbar tonshire Junction Railway at Alexandria, to be called "The Forth and Clyde Junction Railway." 126. An act for making Turnpike Roads from Upton Saint Leonard's to Brimpsfield and Birdlip in the County of Gloucester. 127. An act for enabling the Local Board of Health for the District of Dewsbury to construct Waterworks; and for other purposes. 128. An act to authorise the opening of a Diversion of the Wakefield and Sheffield Turnpike Road, and for other purposes. 129. An act for the Improvement of the Harbour of Saint Ives in the County of Corn wall. 130. An act to enable the South Eastern Railway Company to make a Railway from 131. An act to anthorise the construction of additional Docks and other Works in connexion with the Victoria (London) Docks, and to consolidate and amend the Provisions of the Act relating to such Docks. 132. An act for making a Railway_from Stroud to Canterbury with Branches to Faversham Quays and Chilham. 133. An act for supplying with Water the Inhabitants of Walsall, Dudley, and other Places in the Southern Parts of the County of Stafford, and in certain Parts of the County of Worcester adjacent thereto. 134. An act to enable the St. Helen's Canal and Railway Company to extend their Railway to Rainford, and to enlarge their Stations at Sutton; and for other purposes relating to the company. 135. An act for more effectually repairing and improving several Roads leading to or from the Town of Salford through Pendleton and other Places in the County Palatine of Lan caster. 136. An act for enabling the Leeds Northern Railway Company to create new Shares, and raise Money on Loan for discharging certain Liabilities; and for other purposes. 137. An act for making a Railway from Bedale to Leyburn in the North Riding of the County of York, to be called "The Bedale and Leyburn Railway;" and for other purposes, and of which the Short Title is "The Bedale and Leyburn Railway Act, 1853." 138. An act for the Adjustment of the Debts of the Commissioners of the Holme Reservoirs, and of the Interest due thereon, and for enabling them to restore and repair their Reservoirs; and for other purposes. 139. An act for paving lighting, watching, draining, supplying with water, cleansing, regulating, and otherwise improving the Town and Parish of Spalding in the County of Lincoln; and for making a Cemetery; for erecting a Corn Exchange and Market House therein; and for other purposes. [To be continued.] Davies, Rees Thomas, Neath; Cecil-street Swansea Davis, Frederick John, Tygwyn, Pembroke J. M. Cooper, Sunderland W. Boycot, Kidderminster J. Starmer, Wainfleet J. J Price, Swansea Thomas Morgan, Cardigan Dinn, Henry, 14, Stockwell-place, Stockwell. W. H. Engleheart, Great Knight Rider-street; R. Dix, John William Stone, St. George, Gloucestersh. Everest, William Alexander, Epsom Fitch, Noel Edgar, 12, Chryssell-road, North Brix. ton Breeze, ditto T. Dix, Bristol J. Vaughan, Heaton Norris, Chester F. Boydell, Chester W. Everest, Epsom J. H. Fitch, Union-street, Southwark Gaskell, Arthur, 34, Burton-street, Burton-cres- H. F. Coppock, Stockport; R. Gadsden, Bedfordcent; and Surrey-street Clerks' Names and Residences. Marshall, Robert, 48, Lime-street Morris, Thomas Porter, Banbury Nash, James, jun., 20, Argyle-square King's-cross; and Bewdley Oliver, George James, 13, Lawrence-lane, Cheapside; and Grove-terrace Pemberton, William, 40, Great Cromer-st.; Kingst.; Sidmouth-st.; and Plasissa, near Mold Pere, Robert Burchall, 22, Everett-st., Russellsq.; Alfred-place, Everett-st.; and South Petherton Pierce, John Timbrell, 33, Canden-rd.-vil.as, Camden new town Prall, Richard, jun., Devonshire-place, Wandsworth-rd., Surrey Pratt, John Thomas Becher, 12, Upper Grosvenor- Rule, William Charles, 17, Great Cambridgestreet, Hackney-road Rush, Edward, 1, Craven-hill, Bayswater Shaw, Wm., 5, Blomfield-gardens, Westbourneterrace; and Burnley, Lancashire Sherratt, Thomas, Camberwell-green; and Audley Simms, Frederick, Frederick-street; Wirksworth; Mornington-place, Featherstone-buildings Smith, Tom, Tavistock-square, Middlesex Soars, Benjamin, 32, Great George-street, minster; and South-square Steevenson, Ed. Place, Everitt-street, Middlesex; and Northampton \\ est Swarbreck, Charles M'Cartney, Leeds; and Thirsk Thompson, John, Whitehaven Todd, Stephen Ellis, Kingston; and Hambleton, near Selby Wadeson, Jas., Weyman, 2, Gray's-inn-square; and Romford Ware, Joseph, Uffculme Watson, Robert William Gifford, 7, Ashburnhamgrove; Stoke Damerel; and Gray's-inn-square Weston, Arthur, Brackley Wigg, Carr, Bedford-row, Bloomsbury Wilson, Joseph Birkbeck, Cockermouth To whom Articled, Assigned, &c. J. W. Nicholson, Lime-street T. Morris, Warwick; J. Fortescue Banbury H. Llord, Milk-street R. Shaw, Burnley G. Hodgkinson. Wirksworth A. Jones, Sise-lane, London W. H. Moberly, Southampton W. W. Woodward, Pershore T. Waterworth, Keighley Added to the List pursuant to Judge's Orders. Chater, Henry, Newcastle-on-Tyne; and 61, Her bert-street, Hoxton Sutton, Daniel Stephen, Burslem T. Chater, Newcastle-on-Tyne R. Heaton, Burslem; Wm. Harding, Burslem Voules, Hon. Edmund, 12, Alfred-place, Brompton A. J. Lane, Essex-street; T. Clark, Dean's-court Doctors' Commons Correspondence-Notes of Week.-Superior Courts: Lords Justices. SELECTIONS FROM CORRE- COUNTY COURTS. AUDIENCE OF ATTOR- I ENTIRELY coincide with your correspondents in the inconveniences sustained by the Profession by reason of some of the Judges of the County Courts peremptorily refusing, in no very civil terms, to hear a managing and intelligent clerk,-insisting on the attendance of the principal, however urgent his presence may be required in the Superior Courts or elsewhere, a course of conduct not followed by the Judges of the Superior Courts. I trust the Judges of the local Courts will forthwith take into consideration the propriety of establishing some such rule as was suggest ed by one of your correspondents last month. I confess I see no difficulty in adopting a plan whereby the identity of the clerk may be at once established. The evil operates as a denial of justice, many cases having in consequence been improperly decided. A SOLICITOR. [There must be a provision against attorneys lending their names to persons who are not their regular clerks. How is that to be effected?-ED.] LETTERS OF ADMINISTRATION.-INSOL VENCY.-STAMP DUTY. 183 must be taken out, and to enable a party to do this, in the first place, the expense of a valua tion of his effects is necessary; in the next, a duty of 30%. must be paid upon the administra tion; and, so soon as the estate can be wound ditors, and the residuary account passed at up, a dividend is in due course paid to the creSomerset House, showing that there is in fact no residue upon which duty is payable. The administrator is then enabled to make an application for return of the original duty paid by him; this he generally does, and in some cases is enabled to get back the greater part. In the event of his doing so, the estate has to bear the costs of such application, in intricate cases at least 71. 7s., as well as the expense of declaring and paying a second dividend to the creditors, which would in some cases reduce the return of duty to so small a sum as to make it scarely worth while to declare one. Would it not be as well, in all cases of known insolvency, where it can be deposed to in the first instance, to grant an administration with a nominal fixed duty;-the administrator being held bound (by himself and sureties if necessary) to pay any additional duty, should that be found necessary on a final passing of the accounts. E'C. NOTES OF THE WEEK. MEETING OF PARLIAMENT. By a Proclamation dated the 29th Dec., 1853, it is ordered that Parliament be further SIR,-In the event of any practical reform prorogued to Tuesday, the 31st day of January taking place in the Prerogative Court, one ma-assemble and be holden for the despatch of 1854, and that the said Parliament shall then terial branch of it, I trust, will be considerably divers ergent and important affairs. - From the altered or modified to meet the many cases of a testator's or intestate's insolvency, which form no inconsiderable number in the course of a year. Allow me, then, to suppose a case under the present system of a party dying intestate, and who had formerly been in business, but at the time of his decease his affairs are found to be in an insolvent condition. He dies possessed of stock in trade, household goods, debis and effects of the value of 9501.; but it is ascertained that he owes upwards of 1,500l. The administration London Gazette of 30th Dec. NEW MEMBER OF PARLIAMENT. John O'Connell, Esq., for Clonmel, in the room of the Hon. Cicil Lawless, deceased. SCOTCH LAW APPOINTMENT. Mr. Alexander Stuart Logan has been ap pointed Senior Advocate Depute, in the room of Mr. Robert Macfarlane, appointed Sheriff of Renfrew. RECENT DECISIONS IN THE SUPERIOR COURTS. Lords Justices. Thomson v. Partridge. Dec. 8, 1853. EQUITY JURISDICTION IMPROVEMENT ACT. —ENLARGING TIME TO CLOSE EVIDENCE. SPECIAL LEAVE UNDER S. 38. stances, under the 15 & 16 Vict. c. 86, s. 38, as justified an order being made. THIS was an appeal from an order of ViceChancellor Stuart (reported ante, p. 110), enlarging the time for closing the evidence on the defendant's motion, where the affidavits had not been filed by the plaintiff until two days before the period fixed for closing the evidence, and the defendant had been unable to procure office copies until after its expiration. Held, allowing an appeal from Vice-Chancel lor Stuart, enlarging the time for closing the evidence, on the ground that the affidavits had not been filed by the plaintiff until two days before the period fixed for closing the evidence would expire, and that the deDaniel and Selwyn in support of the appeal; fendant had not been able to procure office W. M. James and Piggott, contrà. copies until several days afterwards, that The Lords Justices said, that according to the grounds were not such special circum- the old practice the order to enlarge publication Superior Courts: Lords Justices. - Rolls. could not be obtained unless upon affidavit that the applicant had never seen, read, nor been informed of the contents of the depositions taken, and there was nothing in the Act which destroyed that rule. The "special leave" in s. 38 of the 15 & 16 Vict. c. 86, could only be obtained on special application under special circumstances, and the appeal must therefore be allowed. In re Pike, exparte Pike. Dec. 22, 1853. BANKRUPT.-APPEAL FROM COMMISSIONER REFUSING CERTIFICATE.-FILING AFFIDAVITS. EVIDENCE. The practice disapproved of, of bringing appeals from the Commissioner, refusing the certificate of a bankrupt, before this Court on affidavits filed instead of on the evidence before the Commissioner, having regard to the facilities afforded by recent enactments for taking the evidence vivâ voce. On this appeal from the decision of Mr. Commissioner Bere, suspending the certificate of this bankrupt for 18 months, being ordered to stand over until the first day of bankrupt petitions in next term, for the purpose of filing affidavits in reply, The Lords Justices said, that the practice of bringing such cases before this Court on affidavits filed, instead of on the evidence before the Commissioner, was by no means to be commended, and was to be discouraged, considering the facilities afforded by the recent enactments for taking the evidence vivá voce. Bacon and Messiter appeared for the bankrupt; Swanston for the assignee. Master of the Rolls. South Eastern Railway Company v. Submarine Telegraph Company. Nov. 11, 1953. BILL OF DISCOVERY IN AID OF ACTION AT LAW. MOTION TO DISMISS FOR WANT covery," and not of "complaint." The motion would be dismissed, but without costs.' Semble, that a bill of discovery in aid of an action at law, and for such other orders on the defendants as the nature of the case might require, should, notwithstanding the Orders of August 7, 1852, sched. B., be entitled a bill of "discovery," and not of "complaint," and on the answer being put in, a motion to dismiss for want of prosecution was accordingly dismissed, but with out costs. Heath and another v. Lewis. Nov. 25, 1853. FORECLOSURE SUIT AGAINST MORTGAGOR. Piggott appeared in support of this motion to dismiss for want of prosecution this bill, which had been filed in aid of an action at law for a discovery of documents, and for such other orders on the defendants as the nature of the case might require-the answer having been duly put in. Held, that the plaintiffs in a foreclosure suit against the mortgagor, were entitled to file a traversing note under the 52nd Order of May, 8, 1845, upon his not putting in an answer although thereto required- the 15 16 Vict, c. 86, s. 26, and the 28th Order of August 7, 1852, not being applicable to such case. H. F. Bristowe for the plaintiffs appeared in support of this motion, for leave to file a traversing note against the mortgagor in this foreclosure suit, upon his not putting in his answer as required, under the 52nd Order of May 8, 1845. He referred to the 15 & 16 Vict. c. 86, s. 26, which enacts, that "in suits in the said Court commenced by bill, where notice of motion for a decree or decretal order shall not have been given, or having been given, where a decree or decretal order shall not have been made thereon, issue shall be joined by filing a replication in the form or to the effect of the replication now in use in the said Court; and where a defendant shall not have been required to answer and shall not have answered the plaintiff's bill, he shall be considered to have traversed the case made by the bill," and to the 28th Order of August 7, 1852, which directs, that "where a defendant shall not have been required to answer and shall not have answered the plaintiff's bill, so that under the 15 & 16 Vict. c. 86, s. 26, he is to be considered as having traversed the case made by the bill, issue is nevertheless to be joined by filing a replication in the form or to the effect of the replication now in use." G. Simpson for the plaintiff, contrà. The Master of the Rolls said, that the bill was properly one for a discovery only, and should, notwithstanding the Orders of August 7, 1852, sched. B., be still called a bill of "dis Held, that the certificate of the chief clerk at Chambers cannot be again objected to on appeal in open Court where such objections have been argued by counsel before the Judge at Chambers and overruled,—except in the case of a bonâ fide mistake or of other peculiar circumstances. THIS was a motion on behalf of the defendant, to discharge or amend the certificate of the chief clerk in this suit. It appeared that objections had been already argued by counsel at Chambers, and disallowed. See Woodcock v. King, 1 Atk. 286.. |