mingham.-John Keeling, Wild Green, near Sutton Coldfield, Warwickshire, brewer, March 25 at 10, County Court of Warwickshire, at Birmingham.-Thos. Collins, Birmingham, brewer, March 25 at 10, County Court of Warwickshire, at Birmingham.-Henry Ridley, Birmingham, manufacturer of patent boxes, April 22 at 10, County Court of Warwickshire, at Birmingham.-Thos. Baxter, Chester, lay clerk, March 22 at 10, County Court of Cheshire, at Chester Castle.-Thos. Bumford, Dudley, Worcestershire, butty miner, March 24 at 9, County Court of Worcestershire, at Dudley. - William Glover, Sedgley, Staffordshire, moulder, March 24 at 9, County Court of Worcestershire, at Dudley.-Joshua Croydon, Wolverhampton, Staffordshire, wheelwright, March 24 at 9, County Court of Worcestershire, at Dudley.-D. Morris, Cheltenham, Gloucestershire, out of business, April 18 at 10, County Court of Gloucestershire, at Cheltenham.-Thomas Balding, Eton, Buckinghamshire, grocer, April 12 at 10, County Court of Berkshire, at Windsor.-Lionel Swift, Southsea, Southampton, engineer in the Royal Navy, April 4 at 11, County Court of Hampshire, at Portsmouth.-Samuel Holmes, Rounds, near Thrapston, Northamptonshire, registrar of births, March 31 at 10, County Court of Northamptonshire, at Thrapston.-J. Richardson, Rotherham, Yorkshire, carrier, March 31 at 12, County Court of Yorkshire, at Rotherham.-T. Gittins, Taburn Lodge, near Wrexham, Denbighshire, blacksmith, March 28 at 10, County Court of Denbighshire, at Wrexham.-Wm. Reardon, Dover, Kent, boot maker. March 22 at 11, County Court of Kent, at Dover.Elizabeth Fisher, West Bromwich, Staffordshire, milliner, March 25 at 9, County Court of Staffordshire, at Oldbury.Edward Butler, Old Stratford, Warwickshire, yeoman, March 25 at 11, County Court of Warwickshire, at Stratfordon-Avon.-Thomas Dixon, New Swindon, Wiltshire, baker, March 24 at 1, County Court of Wiltshire, at Swindon.-T. Ashworth, Runcorn, Cheshire, plumber, March 21 at 10, County Court of Cheshire, at Runcorn.-Thomas Thomas, Carmarthen, victualler, March 28 at 2, County Court of Carmarthenshire, at Carmarthen.-John Eastman jun., Deal, Kent, cutler, March 20 at 12, County Court of Kent, at Deal. The following Persons, who, on their several Petitions filed in the Court, have obtained Interim Orders for Protection from Process, are required to appear in Court as hereinafter mentioned, at the Court-house, in Portugal street,

Lincoln's Inn, as follows, to be examined and dealt with according to the Statute:

77,407 C.; Evan Evans, assignee.-Ham Tite Thomas, Burton-upon-Trent, Staffordshire, baker, No. 77,462 C.; George Wild, assignee.-Samuel Vincent, Taunton, Somersetshire, out of business, No. 77,519 C.; John Clampitt Sercombe, assignee. -Elizabeth Adams, Barking, Essex, out of business, No. 77,578 C.; Frederick Joseph Hunt, assignee.-J. Shaw the younger, Holborn-hill, City, out of business, No. 64,182 T.; David Hart, assignee.-Samuel Knight, Fore-st., City, cheesemonger, No. 64,213 T.; -, assignee.-Paule Emile Chappius, Liverpool-street, Bishopsgate-street Within, City, commission agent, No. 64,221 T.; Charles Marie Troupeau, assignee.-John Gibson, Stanwick, Cumberland, pensioner, No. 30,422 C.; Samuel Sturgis, new assignee.—Samuel Okey, Goswell-street-road, Middlesex, retired Custom-house clerk, No. 34,027 T.; Samuel Sturgis, new assignee.—J. Hardy, Kegworth, Leicestershire, maltster, No. 38,692 C.; John Smith, new assignee.

Saturday, March 11.

Orders have been made, vesting in the Provisional Assignee the Estates and Effects of the following Persons:— (On their own Petitions).

:

William Grey Rea, Wyndham-place, Bryanstone-square, Middlesex, wine merchant: in the Queen's Prison.-Robert Wardell, Vauxhall-gardens, Vauxhall, Lambeth, Surrey, out of employ in the Queen's Prison.-Ann Williams, Pallmall, Middlesex, lady's maid: in the Debtors Prison for London and Middlesex.-Benjamin Daniell, Hope cottage, Kentish-town, Middlesex, out of business: in the Debtors Prison for London and Middlesex.-Henry James Story, Montpellier-square, Brompton, Middlesex, in no trade in the Queen's Prison.-James E. Gibson, Panton-square, Hay. market, Middlesex, in no profession: in the Queen's Prison. -John Risdon, John-street, Portland-town, Middlesex, coach builder: in the Debtors Prison for London and Middlesex.George Berry, Bridge-road, Battersea, Surrey, baker: in the Debtors Prison for London and Middlesex.-J. Brinkworth, Albert-terrace, Bishop's-road, Paddington, Middlesex, auctioneer's clerk in the Debtors Prison for London and Middlesex.-Lewis Hales, Saxony-cottages, Mare-street, Hackney, Middlesex, out of business: in the Debtors Prison for London and Middlesex.-Walter Whitelaw, Lower Jamesstreet, Golden-square, Middlesex, cutter to a tailor: in the Debtors Prison for London and Middlesex.-C. Pritchard, East-place, Walcot-place, Lambeth, Surrey, plumber in the Gaol of Surrey.-James Wm. Walsh, Westbury-road, Har

March 29 at 10, before Mr. Commissioner MURPHY. Thos. Whitehurst, Coulson-street, Sloane-square, Chelsea, Middlesex, traveller to an ale brewer.-William Lock Hurry, Kingston-upon-Thames, Kingston, Surrey, painter.-John Wilkins, New Compton-street, Soho, Middlesex, shoemaker. -Charles Sloper, Great Castle-street, Regent.street, Middlesex, carver.-Thomas Hale Edwards, Garden-row, Camberwell-road, Surrey, van proprietor.-Jas. Warman, Paterson-street, Stepney, Middlesex, greengrocer.-Thomas Alley the younger, High-street, Deptford, Kent, dealer in china.John Vaughan, Grange-road, Bermondsey, Surrey, out of business.

March 30 at 11, before Mr. Commissioner PHILLIPS. Geo. Baylis, Little Queen-street, Westminster, Middlesex, tailor.-John Henry Flack, Bethnal-green-road, Middlesex, oilman.-James Harris, Parsonage, All Saints, Spicer-street, Mile-end New-town, Middlesex, clerk.-Richard Taylor, Uxbridge, Middlesex, butcher.-Wm. Henry Saville, Nettleton-court, Nicholl-square, Falcon-square, Aldersgate street, London, hosier.-Ralph Carr Spooner, East-st., Walworth, Surrey, oilman.-Wm. Thomas, Margaret-st., Commercialroad East, Middlesex, engineer.-Chas. Huntingdon, Bondstreet, Claremont-square, Pentonville, Middlesex, livery-stable keeper.

Saturday, March 11.

Assignees have been appointed in the following Cases. Further particulars may be learned at the Office, in Portugalstreet, Lincoln's-inn-fields, on giving the Number of the Case.

William White, Swansea, Glamorganshire, seedsman, No.

dlesex, druggist: in the Debtors Prison for London and Mid-John Smith, Brunton-place, Commercial-road East, Middlesex.-Robert Elliot, Argyle-place, Regent-st., Middlesex, commission agent for betting on horse-races: in the Queen's hithe, Surrey, surgeon: in the Queen's Prison.-S. Clark, Prison.-G. T. Simpson, Coburg-place, Lower-road, RotherOval-cottages, Hackney-rd., Middlesex, grocer : in the Debtors Prison for London and Middlesex.-Henry Marks, Gee-st., Somers-town, Middlesex, milkman: in the Debtors Prison for

London and Middlesex.

Friday, March 10.

(On their own Petitions).

Henry Parrat, Chepstow, Monmouthshire, coach builder: in the Gaol of Monmouth.-Wm. Robison, Southam, Warwickshire, in no business: in the Gaol of Warwick.-Joseph Swinden, Sheffield, Yorkshire, out of business: in the Gaol of Sheffield.-Daniel Briscoe, Ince, Cheshire, farmer: in the Gaol of Chester. - Thomas Christian, Leadenhall-street, London, ship agent: in the Gaol of Carlisle.-Adam Brown, Stratford-upon-Avon, Warwickshire, tea dealer in the Gaol of York.-Wm. Murgatroyd, Liverpool, out of business: in the Gaol of York. - Philip Butler, Leamington Priors, Warwickshire, butcher: in the Gaol of Warwick.---J. Embleton, Bamburgh, Northumberland, innkeeper: in the Gaol of Morpeth.-John Gallayhar. Wolverhampton, Staffordshire, retail brewer: in the Gaol of Stafford.-Charles Sullings, Chelmsford, Essex, turner: in the Gaol of Springfield.—John Rees, Lammas-street, Carmarthenshire, out of business: in the Gaol of Carmarthen.-Joseph Winterbottom, Ashton-under-Lyne, Lancashire, out of business: in the Gaol of Lancaster.-S. Heald, Salford, Lancashire, confectioner: in the Gaol of Lancaster.-R. Unsworth, Wigan, Lancashire, out of business: in the Gaol of Lancaster.-Henry Hayes, Newton, near Man

COURT OF QUEEN'S BENCH.

...

In re Sturgis v. Joy.-(Insolvent Debtor-Judgment -Satisfaction-Interest on Debts-Jurisdiction1 & 2 Vict. c. 110, ss. 87, 92) Keane v. Reynolds.-(Highway-Encroachment-Conviction-Justification of Surveyor-5 & 6 Will. 4, c. 50, s. 69) The Ambergate, Nottingham, and Boston and Eastern Junction Railway Company v. The Midland Railway Company.-(8 & 9 Vict. c. 20, ss. 115, 116Seizure of Locomotive Engine-Distress Damage Feasant-Cumulative Remedy-Illegal Demand of Restitution)

M'Rae v. M'Lean.-(Award-Reference back-Costs of amended Award)..

Phelps v. Prew.-(Covenant in Lease-Action by Assignee of Reversion-Title of Assignee-Assignment subject to "Mortgage Debts"-Professional Confidence-Production of Title Deed-Privilege of Client-Secondary Evidence)..

241

242

243

244

245

COURT OF COMMON PLEAS. Greenwood v. Sutcliffe.-(Will, Construction of).... 248 KENT SPRING ASSIZES.

Reg. v. Wicker.-(11 & 12 Vict. c. 42, s. 17-Deposition-Witness unable to travel)

COURT OF ARCHES.

252

Burder v. Selmes. (Practice - Brawling, &c. not under Stat. 5 & 6 Edw. 6, c. 4-Sentence)...... 252

working outer Bar, and to nearly the whole body of

£ 8. d.

0 2 0

0 2 6 0 30 0 3 6 040

And so on, at the rate of 6d. per line. A discount, proportioned to the number of repetitions, will be allowed upon all Advertisements ordered for three or more insertions.

LONDON, MARCH 25, 1854.

WE return this week, on the eve of the closing of the Chancery sittings previously to Easter Term, to the subject of the Courts of equity sitting at Westminster during the two terms that Parliament is sitting, for the purpose of again bringing to the notice of the Profession, and of the heads of the Profession, the great and now almost incalculable inconvenience of the sittings being held at Westminster. It was an inconvenience years ago, even in the palmy days of heavy and slow Chancery business, when Master's office business was done in the Master's office, and when the Court never, or very rarely, sat beyond three. But since the new Procedure Act has come into full operation, the inconvenience has grown to be an absolute nuisance to the greater part of the inner Bar, to the whole of the VOL. XVIII.

K

it we do not understand, except on the assumption that judicial habits induce a sort of dignified phlegmatism, which indisposes those eminent persons to complain of anything. That they must personally feel the inconvenience we are satisfied. We have ourselves frequently, in walking up from Westminster at the rising of the Courts, been passed by a learned Vice-Chancellor at a speed which indicated plainly that he was "due" in chambers at four, with but small chance of reaching Lincoln's Inn in time, except by great personal exertion.

Let us see, however, how the system really works. The Courts at Westminster sit at ten; the offices which are in and about Lincoln's Inn open at ten; consequently nothing that is officially wanted at the Court, can be procured so as to be there before about eleven, unless procured the night before. The Courts sit till about half-past three, often till four; some till half-past three, some till four and past. There is no settled hour for the judges sitting in chambers: it may happen that a Vice-Chancellor rises at three, and goes to chambers by half-past; and the same day the Master of the Rolls may sit till half-past four; so that a solicitor attending the last cause at the Rolls, and having a case in cham bers before the Vice-Chancellor at four, can by no pos sibility attend to both. It may be said, all this might

happen if the Courts sat at Lincoln's Inn. True, it might happen, but would be not nearly so likely to happen.

Then as regards counsel: the Courts sitting later than they used, and inevitably later, because there is more to be got through in court, the consultations are necessarily also later. On an average, leading counsel require from an hour and a half to two hours for their afternoon's consultations. When the Courts sit at Lincoln's Inn, and the counsel go direct to their chambers in a few minutes, it is possible for the consultations to be got through by six o'clock. But add the half hour which, between unrobing, getting to chambers, and getting breath, is wasted, and it is no longer possible. It may be said, but all this is a question of half an hour. But we say in answer, that as it is the last straw that breaks the camel's back, so it is the last half hour that deadens the counsel's brain and paralyses his stomach; and half an hour at the most valuable part of the day is no mean portion of time.

Then as to the draftsmen: it is true that drawing is not what it was in quantity, but it is much more troublesome, and requires much more the eye and hand of the master. No man, it is admitted on all hands, can do his drawing business at Westminster. In court it is of course out of the question-first, because there are no tables; secondly, because there are no books; thirdly, because there is no quiet. We have seen men making desperate attempts to settle a draft in the little box at the corner of Sir W. P. Wood's Court, called a room for counsel, but the attempt has generally been given up after a few struggles. Practically, and as a fact, we fear no denial in asserting, that he who, having court business at Westminster, can, while waiting for it, draw, or even settle, ten pages of any pleading in a day, is a miracle of draftsman power; so that, unless a man is engaged all day long in causes, the time he wastes unwillingly is perfectly frightful.

Now, then, all this being undeniable, cui bono? Who really derives any benefit from it? Certainly not half-a-dozen of the Chancery Bar. Perhaps the Attorney or Solicitor General of the day, and two or three of the most eminent leaders usually pitted against that functionary, may find a convenience in oscillating between the Court of Chancery and the House of Lords; but even to them the inconvenience of not having that convenience, would be a trifle as compared with the inconvenience which the rest of the Profession suffer from the equity sittings being held nearly two miles from all the offices and all the counsel's chambers. And surely, even if the inconvenience, to a few great leaders, of the sittings being at Lincoln's Inn were much greater than it would be, it is not at this day that the claims of a whole Profession ought to be sacrificed to those of a few men, however eminent, however respected, however popular among their brethren and their clients. Then comes the great argument in favour of Westminster-the prestige. Shall we quit the old Hall, the scene of so many forensic glories-where the law of England grew and matured itself-where so long a line of grave and learned magistrates has adorned the judgment-seat? Shall we sever altogether the connexion between the two Bars, and interfere with that friendly intercommunication which leads to a

commingling of learning, and to the strength and unanimity of the English Bar, &c. &c.? Now, prestige is not a thing to be despised when it rests on something substantial. When there really was a sort of exclusive possession by Westminster of legal learning-that is, when no judge but the Chancellor and the Master of the Rolls ever sat at Lincoln's Inn, and the Term sittings were as long as the Vacation sittings-it was not unsubstantial to attribute a legal sanctity to Westminster Hall. So, when the two Bars were so far distinct that the Chancery Bar was, in fact, scarcely a Bar, and would have been forgotten if it did not commingle with the Common-law Bar, and had scarcely any other means of doing so except through Westminster Hall sittings, there was substance in clinging to Westminster; and the prestige was reverend, because real. But now the face of affairs has totally changed. Westminster Hall is rapidly being merged in Lincoln's Inn; amalgamation, or partial amalgamation, of the two Bars is almost at our doors; and every ground of substance on which the old prestige was supported has crumbled away, or is doomed in a very few years to crumble away. Let us not, then, sacrifice substance to a vain imagination, but all unite in respectfully urging on the authorities the claims of the public and the Profession, to have the equity sittings permanently there, where the public business can be most conveniently and expeditiously transacted.

57. Can you suggest any amendment, addition, or improvement in the statutes, rules, or forms? ANSWER. I. Statutes.

Repeal stat. 9 & 10 Vict. c. 95, ss. 128, 129, (except as relates to actions against officers), and stat. 15 & 16 Vict. c. 54, s. 4, (so far as relates to concurrent jurisall cases, to allow travelling expenses to a plaintiff or diction), and give the county court judge power, in defendant who resides in another jurisdiction.

Enact that a defendant sued in the superior courts for a debt or damages not exceeding 501. may, within ten days after service of the writ, enter an appearance in the clerk's office of the county court in the district for registration, and paying a small fee. Clerk to give in which he resides, by leaving his name with the clerk notice to the plaintiff. Mode of entering appearance to be indorsed on the writ*.

Repeal part of stat. 9 & 10 Vict. c. 95, s. 58, commencing at the words "or in which the title," and ending with the word "disputed;" and alter accordingly stat. 13 & 14 Vict. c. 61, s. 1. Give dissatisfied case, as after mentioned. (Vide infra). party a right of appeal, or (both parties consenting) a

Give county court power to entertain actions of

*The object of this is not to deprive a plaintiff of the right of pursuing his remedy in the superior courts, where he is mon-law Procedure Act, (15 & 16 Vict. c. 76), in a manner justly entitled to do so, but to prevent the abuse of the Com. which I shall be ready to explain if called upon, but which is probably already well known to the commissioners.