Page images
PDF
EPUB

J

Sept. 27 at 11, Westgate Inn, Newport: Sols. Lllewellin, Newport; White & Eyre, 11, Bedford-row.-Fiat dated July 30. JAMES BOTTOMLEY, Delph, within Saddleworth, Yorkshire, woollen manufacturer and merchant, Sept. 1 and 27 at 2, Commissioners'-rooms, Manchester; Sols. Higginbottom & Co., Ashton-under-Lyne, Lancashire.-Fiat dated July 19.

MEETINGS.

19. That where any distress shall be made for any rentcharge payable under the said recited acts or any of them, or this act, and justly due, and any irregularity or unlawful act shall be afterwards done by the party distraining, or his agent, in the conduct, sale, or disposition of the distress, the distress itself shall not be therefore deemed to be unlawful, nor the party making it deemed a trespasser from the beginning, but the party aggrieved by such unlawful act or irregularity may recover full satisfaction for the special damage in an action upon the case; provided nevertheless, that no plaintiff shall recover in any action for any such unlawful act or irregularity, if ten days' notice in writing shall not have been given to the defendant by the plaintiff of his intention to bring such action before the commencement thereof, or if tender of sufficient amends has been made by the party distraining, or his agent, before such action brought, or if after action brought a sufficient sum of money shall have been paid into court, with costs, by orchester, last ex.-Daniel Wade Acraman, Wm. Ed. Acre on behalf of the defendant.

20. That this act shall be construed with and as part of the first-recited act, as amended by the several acts passed for the amendment thereof and by this act; and that all provisions in any of the said acts relating to land of copyhold tenure shall apply to land of customary tenure, or any other tenure subject to arbitrary fine; and that all provisions in the said acts or in this act relating to glebe land shall apply to all land holden by any spiritual person in right of his benefice.

21. That this act may be amended or repealed by any act to be passed in this session of parliament.

CAP. LV.

Stephen Hawes Crosswell, Walbrook, City of London, and John May, jun., Devonport, wine and spirit merchants, Aug. 27 at half-past 12, Court of Bankruptcy, pr. d.-Philip Wal ters and Morgan Llewellyn, Neath, Glamorganshire, timber merchants, Sept. 6 at 11, Bush Inn, Swansea, last ex.-John Fisher and George Henry Fisher, Manchester, Manchester warehousemen, August 31 at 2, Commissioners'-rooms, Man

man, and Alfred John Acraman, Bristol, merchants, Aug. 20 at 11, Commercial-rooms, Bristol, last ex.-Robert Elliott, Liverpool, wine merchant, Oct. 27 at 12, Clarendon-rooms, Liverpool, last ex.-Charles Gatehouse, Chichester, brewer, Sept. 8 at 1, Dolphin Hotel, Chichester, last ex. and aud. ac.; at 2, div.-John Bainbridge, Richmond, Yorkshire, ironfounder, Sept. 7 at 10, Golden Lion Inn, Northallerton, last ex.-Chas. Bridger, Hampton, Middlesex, mealman, Sept. 8 at 1, Court of Bankruptcy, aud. ac. and div.-Henry Roster Biggs, Brewer-street, Golden-square, carpenter, Sept. 8 at half-past 1, Court of Bankruptcy, aud. ac.-James Bradshaw and George Williams, Marylebone-street, Piccadilly, woollendrapers, Sept. 8 at 12, Court of Bankruptcy, aud. ac. and div.

An Act for the better Regulation of Railways, and for the Con--John Adams Cater, Hertford, maltster, Sept. 6 at 12, Court veyance of Troops.

CAP. LVI.

[30th July, 1842.]

An Act for further amending the Laws relating to the Customs. [30th July, 1842.]

(To be continued).

London Gazettes.

TUESDAY, AUGUST 16.

BANKRUPTS.

of Bankruptcy, aud. ac. and div.-Angelo Pontecorboli, Broadst., Golden-square, Middlesex, oil and Italian warehouseman, Sept. 6 at 11, Court of Bankruptcy, aud. ac. and div.-James Barrat, Great Pulteney-street, Golden-square, builder, Sept. 7 at 11, Court of Bankruptcy, aud. ac. and div.-Chas. Homer, sen., West Bromwich, Staffordshire, wine and spirit merchant, Nov. 2 at 1, Waterloo-rooms, Birmingham, aud. ac.Elliott Whitney, Liverpool, soap boiler, Sept. 6 at 1, Clarendon-rooms, Liverpool, aud. ac.-Samuel Phillips and Joseph Phillips, Liverpool, merchants, September 8 at 1, Clarendonrooms, Liverpool, aud. ac.-John Luce, Bristol, woollendraper, Sept. 9 at 2, Commercial-rooms, Bristol, aud. ac.James Lorymer, Bristol, corn-factor, Sept. 9 at 2, Commercial-rooms, Bristol, aud. ac.-Wm. Grundy, Manchester, yarn dealer, Sept. 12 at 10, Commissioners'-rooms, Manchester, aud. ac.- -Thos. Charlton and Edw. Thompson, South Shields, Durham, spirit dealers, Sept. 8 at 11, Bankrupt Commis sioners'-room, Newcastle-upon-Tyne, aud. ac.-J. Macaire, Jas. Linneman, and Jos. Chas. Berger, Liverpool, merchants, Sept. 7 at 1, Clarendon-rooms, Liverpool, aud. ac. and div. sep. est. of John Macaire and Jos. Chas. Berger.-W. B. Silk, Jewin-st., Cripplegate, builder, Sept. 8 at 2, Court of Bankruptcy, fin. div.-Richard Sanderson, Leeds, Yorkshire, corn factor, Sept. 13 at 1, Commissioners'-rooms, Leeds, aud. ac.; at 2, first and fin. div.-Jos. Carruthers Nicholson, Liverpool, merchant, Sept. 7 at 12, Clarendon-rooms, Liverpool, and, ac.; at 2, div.-W. Routledge, Liverpool, wine and spirit merchant, Sept. 8 at 11, Clarendon-rooms, Liverpool, aud. ac.; at 2, div. -James Johnson, Manchester, innkeeper, Sept. 7 at 1, Commissioners'-rooms, Manchester, aud. ac.; at 2, first and fin. div.-Geo. Malam, Spalding, Lincolnshire, gas manufacturer, Sept. 7 at 12, White Hart Inn, Spalding, aud. ac.; at 1, fin. div.

WILLIAM FREEMAN, Acton-street, Bagnigge-wells-road, builder, Aug. 27 at half-past 11, and Sept. 27 at 11, Court of Bankruptcy: Off. ass. Pennell; Sol. Levy, 3, Crescentpl., Bridge-st., Blackfriars.-Fiat dated Aug. 11. HENRY OGLAN, Holywell-st., Shoreditch, victualler, Aug. 24 at half-past 11, and Sept. 27 at 12, Court of Bankruptcy: Off. ass. Belcher; Sols. Martineau & Malton, 60, Careyst., Lincoln's-inn-fields.-Fiat dated Aug. 10. THOMAS JAMES FEHR, Birmingham, draper and dealer in straw bonnets, Aug. 26 and Sept. 27 at 11, Waterloorooms, Birmingham: Sols. Bartleet, Birmingham; Holme & Co., New-inn.-Fiat dated Aug. 8. GEORGE BOYD and WILLIAM BOYD, Kingston-upon Hull, millwrights and engineers, Aug. 30 and Sept. 27 at 1, George Inn, Kingston-upon-Hull: Sols. Galloway & Co., Hull; Hicks & Marris, 5, Gray's-inn-square.-Fiat dated July 18. ROBERT NICHOLLS MUNTON, jun., Fletland-mills, Greatford, Lincolnshire, miller, Aug. 29 and Sept. 27 at 12, Standwell's Hotel, Stamford: Sols. Law, Stamford; Temple & Bonner, 16, Furnival's-inn, Holborn.-Fiat dated-Edw. Young, Birchington, Thanet, Kent, blacksmith, Sept. July 21. JOSEPH BAKER and EDWARD SWINBURNE, Birmingham, timber merchants, Aug. 26 at 10, and Sept. 27 at 12, Waterloo-rooms, Birmingham: Sols. Unett & Sons, Birmingham; Tooke & Son, 38, Bedford-row.-Fiat dated August 8. WILLIAM TRUBRIDGE, Swindon, Wiltshire, grocer and tea-dealer, Aug. 30 and Sept. 27 at 11, Bell Inn, Swindon: Sols. Browne, Swindon; Clarke & Medcalf, 20, Lincoln'sinn-fields.-Fiat dated July 27. HENRY HARWOOD, Beverley, Yorkshire, linen and woollen draper, Aug. 30 and Sept. 27 at 11, George Inn, Kingston-upon-Hull: Sols. Peter and Robert Wells, Kingstonupon-Hull; Tilson & Co., 29, Coleman-street.-Fiat dated July 20.

WILLIAM DANIELL, Abercarne, Mynddysllwyn, Mon

5 at 10, London Hotel, Margate, aud. ac.; at 11, div.-John L. Shepherd and Hen. Drew, Southampton, innkeepers, Sept. 12 at 1, Star Inn, Southampton, aud. ac. and div.-Joku Higgins and Jas. Mannock, Dukinfield, Cheshire, engineers, Sept. 9 at 10, Commissioners'-rooms, Manchester, aud. ac.; at 11, div.-Sam. Smith, Sheffield, Yorkshire, cutlery manu facturer, Sept. 8 at 12, Town-hall, Sheffield, aud. ac.; at 1, div.-John Lloyd, Beaumaris, Anglesey, farmer, Sept. 8 at 11, Uxbridge Arms Hotel, Carnarvon, aud. ac.; at 12, fin. div.-William Bushell, Evesham, Worcestershire, innkeeper, Sept. 8 at 11, White Hart Inn, Worcester, aud. ac.; at 12, div.-Thomas Winder, Lancaster, brazier, Sept. 12 at 11, Kings Arms Inn, Lancaster, aud. ac.; at 12, div.-John An derson and Wm. Garrow, Liverpool, merchants, Sept. 8 at 12, Clarendon-rooms, Liverpool, div. sep. est. of W. Garrow. -Samuel Phillips and Joseph Phillips, Liverpool, merchants,

CERTIFICATES TO BE ALLOWED, Unless Cause shewn to the contrary, on or before Sept. 6. W. Lawrence, King William-st., money scrivener.-B. Marshall, High Holborn, tallow melter.-G. F. Fairclough, Liverpool, banker.-Wm. Hooper, Reading, Berkshire, tobacco manufacturer.-Jos. Peel, Newcastle-upon-Tyne, picture dealer.-John Bowers, Chipstead, Kent, grocer.-Chas. Carr, Heaton Norris, Stockport, and Lancaster, cotton manufacturer.-Wm. G. Smyth, Vauxhall-walk, Vauxhall, Surrey,

surgeon.

PARTNERSHIP DISSOLVED.

Edw. Doyle and John Godden, Great James-st., Bedfordrow, attornies and solicitors.

SCOTCH SEQUESTRATIONS.

David Kinmonth, Dunning, merchant.-Lauchlan Arthur, Holytown, shoemaker.-Henry Coll, Glasgow, jeweller.-Jas. Campbell, Peters-hill, potato merchant.

INSOLVENT DEBTORS.

Saturday, Aug. 13, 1842.

The following Assignees have been appointed. Further Particulars may be learned at the Office, in Portugal-st., Lin- | coln's-inn-fields, on giving the Number of the Case.

Eliz. Hammond, Hurst-green, near Lamberhurst, Sussex, out of business, No. 59,007 C.; Henry Fulcher, assignee.Jacob Gee, Heywood, near Bury, Lancashire, publican, No. 59,643 C.; Luke Knowles and John Crowther, assignees.James Park, Hulme, Manchester, iron and steel merchant, No. 59,789 C.; James Bimson, assignee.-Robt. Prickman, Tiverton, Devonshire, veterinary surgeon, No. 60,427 C.; Robt. Haydon, assignee.-Wm. P. Crate, Alpha-cottages, Alpharoad, Regent's-park, oilman, No. 53,548 T.; T. B. Rowe, signee.-I. Dean, Stockport, Cheshire, cotton waste spinner, No. 59,921 C.; James Cartwright, assignee.-Thos. Evans, Bishop Stortford, Herefordshire, registrar of births and deaths, No. 59,844 C.; R. Jennings and E. Phillips, assignees.-W. M. Peacock, Lea-bridge-road, Clapton, land surveyor, No. 43,539 T.; Alex. Semple, assignee.-Thos. Dixon, Stanhopein-Weardale, Durham, blacksmith, No. 60,005 C.;- Charles Bolam, assignee.-David Livingston, Bishopsgate-st. Within, bread and biscuit baker, No. 53,535 T.; R. A. Thomas and W. Pavitt, assignees.-John Fagg, Warehorn, near Ashford, Kent, shopkeeper, No. 60,112 C.; James Moore, assignee. J. B. Goldsmith, Barnwell, Cambridgeshire, No. 60,322 C.; Wm. Papworth, assignee.-Stephen Hibbert, Bruton-street, Berkeley-sq., gentleman's coachman, No. 51,596 T.; A. B. Lambe, assignee.-John Calthrop, Renhold, Bedfordshire, attorney's clerk, No. 53,270 T.; D. Abbott and Jas. Lacey, assignees.-Wm. F. Bannerman, Surrey-st., Strand, purser's clerk, royal navy, No. 53,384 T.; D. F. Cater, assignee.-J. Rigby, Wigan, Lancashire, grocer, No. 58,915 C.; G. Williams and T. Byrom, assignees.-Timothy Thomas, Wrexham, Denbighshire, wheelwright, No. 60,439 C.; T. Owens, assignee.-James Banks, Liverpool, bookseller, No. 60,219 C.; John Gosnell, assignee.-Geo. Molley, Ulverstone, Lancashire, joiner, No. 59,469 C.; Isaac Penny, assignee.-Jos. Abbott, Debenham, Suffolk, auctioneer, No. 59,309 C.; John King, assignee.

INSOLVENT DEBTOR'S DIVIDEND.

THOMAS BOMFORD, Elmstone Hardwick and Chelten-
ham, Gloucestershire, hay, corn, straw, and coal dealer,
Sept. 12 and Oct. 4 at 12, Royal Hotel, Cheltenham: Sols.
Addison & Smallridge, Gloucester; Lewis, 4, Verulam-
buildings, Gray's-inn.-Fiat dated Aug. 6.

JANE JONES, widow, Carnarvon, woollen draper and ge-
neral shopkeeper, Sept. 6 and 30 at 11, Eagles Inn, Car.
narvon: Sols. Griffith, Eldon-cottage, Carnarvon; Jones, 11,
EDWARD ROBERTS, Oswestry, Shropshire, draper and
Parliament-st., Westminster.-Fiat dated May 10.
grocer, Sept. 3 and 30 at 11, Shire-hall, Shrewsbury: Sols.
Salter, Ellesmere; Raimondi & Gooday, Gray's-inn.-Fiat
July 15.
WILLIAM NASH, Oldbury, Shropshire, grocer, Aug. 27
and Sept. 27 at 11, Waterloo-rooms, Birmingham: Sols.
Brown, Bilston; Williamson & Hill, 4 Verulam-buildings,
Gray's-inn.-Fiat dated Aug. 10.

THOMAS MENNELL, Leeds, Yorkshire, cloth merchant,
Sept. 2 and 30 at 2, Commissioners'-rooms, Leeds: Sols.
Blackburn, Leeds; Walker, 13, Furnival's-inn.-Fiat dated
Aug. 5.

FREDERICK BAKER, Birmingham, victualler, Aug. 31 at
2, and Sept. 27 at 1, Waterloo-rooms, Birmingham; Sols.
Shaw, Dudley; Austin, 37, Threadneedle-street. Fiat
dated Aug. 12.

[ocr errors]

RICHARD GAULTON, Dorchester, licensed victualler and
innkeeper, Aug. 29 and Sept. 30 at 11, King's Arms Inn,
Dorchester Sols. Phillips, Weymouth; Trehern & White,
Leadenhall-street.-Fiat dated July 21.

THOMAS CARTER, Stafford, builder, Sept. 1 and 30 at
12, Star Inn, Stafford: Sols. Seckerson & Bell, Stafford ;
Clowes & Wedlake, 10, King's Bench-walk, Inner Temple.
-Fiat dated Aug. 16.

ROBERT JOSEPH WRANGHAM, Great Driffield, York-
shire, grocer and draper, Aug. 31 at 11, and Sept. 30 at 1,
George Inn, Kingston-upon-Hull: Sols. Jennings & Con-
yers, Driffield; Hawkins & Co., 2, New Boswell-court,
Lincoln's-inn.-Fiat dated July 9.

MEETINGS.

John Rowlett, Liverpool, merchant, Sept. 12 at 2, Clarendon-rooms, Liverpool, aud. ac.; at 3, div.-Wm. Marston, Manchester, yarn merchant, Sept. 12 at 1, Commissioners'rooms, Manchester, pr. d. and div.; Sept. 13 at 1, aud. ac.Jos. Radford, Appleby, Westmoreland, draper, Sept. 12 at 11, Commissioners'-rooms, Manchester, aud. ac.; at 12, div. -Thos. Johnson, Liverpool, stationer, Sept. 9 at 1, Clarendon-rooms, Liverpool, aud. ac.-John Alexander, Pendleton, Lancashire, common brewer, Sept. 9 at 11, Commissioners'rooms, Manchester, aud. ac.-Richard Irwin and John Gould Irwin, Manchester, drapers, Sept. 9 at 10, Commissioners' rooms, Manchester, aud. ac.-James Gibson, Over-Darwen, Blackburn, Lancashire, cotton cloth manufacturer, Sept. 9 at 4, Swan Hotel, Bolton, aud. ac.; at 6, div.-J. Mottershead, Liverpool, Lancashire, shipwright, September 12 at 11, Clarendon-rooms, Liverpool, aud. ac.; Sept. 13 at 12, fin. div.William Wilking Bulley, Liverpool, merchant, Sept. 10 at 12, Clarendon-rooms, Liverpool, aud. ac.; at 1, div.-Lancelot Beck, Bristol, broker, Sept. 13 at 1, Commercial-rooms, Bristol, aud. ac.- -Thos. Fidgeon, Edw. Getley, and Hen. Lomas,

Henry Williams, Town Malling, Kent, farmer, Aug. 18, Birmingham and Sheffield, merchants, Sept. 16 at 11, Waterloo Selby & Co.'s, Malling: 28. 34d. in the pound.

Aug. 8.

FRIDAY, August 19.
BANKRUPTS.

WALTER GEORGE DODDS, Howford-bdgs., Fenchurch-
st., merchant, Aug. 29 at half-past 1, and Sept. 30 at 11,
Court of Bankruptcy: Off. ass. Belcher; Sols. Turner &
Hensman, Basing-lane.-Fiat dated Aug. 9.
FRANCOIS GAUTIER, Gould-sq., Crutched-friars, mer-
chant, Sept. 2 and 30 at 12, Court of Bankruptcy: Off. ass.
Pennell; Sol. Cotterill, 32, Throgmorton-street.-Fiat dated
JOHN ADAMS, George-st., Spitalfields, furniture dealer and
feather factor, Aug. 27 at 1, and Sept. 30 at 11, Court of
Bankruptcy: Off. ass. Graham; Sol. Morel, 50, Lincoln's-
inn-fields.-Fiat dated Aug. 17.
FREDERICK NURSE, Dudbridge-wharf, Stonehouse,
Gloucestershire, coal merchant, Aug. 30 and Sept. 30 at 10,
Golden Cross Inn, Cainscross: Sol. Stephen, 4, Skinners'
place, Sisc-lane.-Fiat dated Aug. 13.

rooms, Birmingham, aud. ac.; at 12, fin. div.-John C. Lucas and Thos. Lucas, Aldersgate-st., lozenge manufacturers, Sept. 12 at half-past 11, div.-Wm. Straker, West Strand, bookseller, Sept. 12 at 11, Court of Bankruptcy, fin. div.-John Graham, Hackney-road, grocer, Sept. 12 at 12, Court of Bankruptcy, div.-Wm. Nettleton, George-st., Hanover-sq., tailor, Sept. 12 at 1, Court of Bankruptcy, div.-Thomas Plowman, Yeovil, Somersetshire, saddler, Sept. 15 at 11, An

telope Inn, Dorchester, aud. ac.; at 12, first and fin. div.John Marrow, Thatto-heath, within Sutton, near Prescot, and Thomas Frodsham, Toxteth-park, near Liverpool, common brewers, Sept. 9 at 11, Clarendon-rooms, Liverpool, aud. ac.; at 12, div. sep. est. T. Frodsham.-John Nicholson, Cheltenham, Gloucestershire, brewer, Sept. 26 at 1, Royal Hotel, Cheltenham, aud. ac.; at 2, div.-John Slater, R. B. Wylde, and Jas. Slater, Bradshaw, near Bolton-le-moors, and Clayton-mills, near Manchester, bleachers, Sept. 15 at 12, Commissioners'-rooms, Swan Hotel, Bolton-le-Moors, aud. ac.; at 1, div.-Wm. Southworth, Sharples, Lancashire, shopkeeper, Sept. 10 at 10, Commissioners'-rooms, Swan Hotel, Bolton-leMoors, aud. ac.; at 11, fin. div.-W. G. Taylor, Little Bol

ton, Lancashire, cotton spinner, Sept. 9 at 11, Commissioners'pr. d.; at 2, aud. ac.—

NO PREMIUM.
AW PRACTICE.-To be a

rooms, Swan Hotel, Bolton-le-Moors, Birmingham, wholesale L Residence built purposely for the Professor, lycreted

stationer, Sept. 10 at 11, Waterloo-rooms, Birmingham, aud.
ac.; at 12, fin. div.-A. Wise, Ford House, Wolborough, W.
S. Bentall, and Robt. Farwell, Totness, Devonshire, bankers,
Sept. 17 at 11, Old London Inn, Exeter, aud. ac.; at 1, fin.
div. sep. est. R. Farwell.-George Robertson, John Garrow,
and John Alexander, Liverpool, ship chandlers, Sept. 15 at
10, Clarendon-rooms, Liverpool, div. sep. est. G. Robertson;
at 11, div. sep. est. J. Garrow; at 12, div. sep. est. J. Alex-
ander.-Elizabeth Linstead, Liverpool, pawnbroker, Oct. 20
at 11, Clarendon-rooms, Liverpool, div.-Henry West, Tiben-
ham, and Aslacton, Norfolk, draper, Sept. 12 at 2, Royal Ho-
tel, Norwich, aud. ac.; at 3, fin. div.

CERTIFICATES TO BE ALLOWED,
Unless Cause shewn to the contrary, on or before Sept. 9.
Edward Harper, Steeple Claydon, Buckinghamshire, and
Bicester, Oxfordshire, grocer.-William Wisedill and William
Cockett, New-cut, Lambeth, ironmongers.-John Bowser,
Milton-st., Dorset-sq., and Preston-lodge, Lark-hall-lane,
Clapham, Surrey, timber merchant.-E. C. Taylor, Albany-st.,
Regent's-park, fishmonger.-John Richardson, Half-moon-st.,
Piccadilly, victualler.-J. Rackham, jun., Long-acre, coach.
builder.-J. Pearson, Kingswinford, Staffordshire, maltster.
-Wm. Ballinger, Swansea, Glamorganshire, baker.—J. Tat-
tersall, Heath Charnock, Lancashire, coal merchant.

PARTNERSHIP Dissolved.

[blocks in formation]

INSOLVENT DEBTORS' DIVIdends.

and Appurtenances, completely Furnished in the most Modern Style, with an excellent and extensive Practice attached thereto. The above is situate central between Bury St. Edmunds and Stowmarket, Suffolk, and offers a very eligible opportunity to any gentleman of probity and business habits.

N.B. Full particulars of Mr. J. B. Daines, Bury St. Ed. munds, and reference as to extent of Practice, may be had of G. T. Taylor, Esq., 18, Featherstone-buildings, Holborn, London.

STAMP DUTIES IN IRELAND.-BY AUTHORITY, Just published, in 12mo., price 78. 6d. boards, TABLE of the STAMP DUTIES now payable A in Ireland, under the Act 5 & 6 Vict. c. 82, for assimilating the Stamp Duties in Great Britain and Ireland, and other Acts; compiled from the various Statutes granting the same, with Notes and References: also the Tables now to be used in Ireland for calculating the value of Annuities given by Will, for the purpose of assessing the Legacy Duty thereon and Copies of the Assimilating Act, and of the Acts passed in Great Britain, now directed to be observed in Ireland. By HUGH TILSLEY, Esq., of the Stamp and Tax Office,

London.

** The information supplied by this publication, the correctness of which may be relied upon, will be absolutely neces sary for every professional man and other persons engaged in matters requiring the use of Stamps in Ireland, and will be found sufficient for every practical purpose.

sellers and Publishers to the Commissioners of Stamps and

London: V. & R. Stevens & G. S. Norton, Law Book

Taxes, (Successors to the late J. & W. T. Clarke of Portugal

FISHERIES IN IRELAND.

James Launder, Gray's-inn-lane, painter, Aug. 25, Bow-street), 26 and 39, Bell-yard, Lincoln's Inn. man's, 45, Southampton-buildings, Holborn : 28. 4d. in the pound.-John Stevens, Cambridge, wine merchant, Aug. 26, Fulcher's, Osborn-st., Whitechapel: 18. 44d. in the pound.John Martin, Devonport, tailor, Aug. 27, Little & Hearle's, Devonport: 18. 94d. in the pound.

TH

In a few days will be published, HE ACT 5 & 6 VICTORIA, Cap. 106, for regulating the FISHERIES of IRELAND, with Notes, Introductory Remarks, and References on the Rights to the Sea Shore. Also an Appendix containing the New Game Act, 5 John Raynor, Carmarthen, out of business, Sept. 5 at 12, & 6 Vict. c. 81. By JOHN JAGOE, Esq., Barrister at Law. Gardnor's, Carmarthen, sp. affairs.

MEETING.

In a few days will be published, Vol. 7 of
ARMAN AND BYTHEWOOD'S CONVEYANCING.

J 3rd Edition. By G. SWEET, Esq., of the Inner Temple,
Barrister at Law. With extensive Alterations and Additions.

In this Edition, the Precedents are corrected and adapted to
the present state of the Law, new Forms are introduced, and
the Notes on the Law of Conveyancing, which in the former
Editions were dispersed among the Precedents, are collected
into distinct Treatises at the commencement of each Title; and
such subjects as appeared deficient are supplied."

London: V. & R. Stevens and G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39 Bell-yard, Lincoln's Inn. Sold by A. Milliken, and Hodges & Smith, Dublin. HE NEW POOR LAW AMENDMENT ACT,

Tand the Recent Rules and Orders of the Poor Law Com-
missioners, with Notes, in one Vol., price 5s. 6d. in boards.
By JOHN FREDERICK ARCHBOLD, Esq., Barrister at
Law. This little volume also comprises a Practical Introduc-
tion, containing an Epitome of the whole of the Poor Law as
it is at present, a Preface suggesting a plan for a new system of
Poor Law, and a new form of an Order of Removal, rendered
London: John Richards & Co., Law Booksellers, 194,

Vols. 1, 2, 3, 4, 5, and 6, containing the Titles, Abstracts,
Acknowledgments, Agreements, Annuities, Appointments, Ap-necessary by alterations in the law upon the subject.
portionments, Arbitration, Assent, Attestation, Attornment, Fleet-street.
Award, Bargain and Sale, Bond, Confirmation, Covenant,
Covenant to Stand Seized, Defeazance, Direction, Disclaimer,
Exchange, Feoffment, Forfeiture, Grant, Indemnity, Leases,

(with a complete Treatise), Mortgages, (with a complete Trea.

tise), Transfers and Reconveyances of Mortgages, Nominations of New Trustees, Notices, and Partition, are published, price 77. 158. boards.

The remaining volumes will be published as expeditiously as may be consistent with a due regard to accuracy.

Also, shortly will be published, in a small vol. 8vo.,
The APPLICATION and OPERATION of the THEL-
LUSON ACT, with Practical Observations upon Trusts for
Accumulation of Income. By JOHN F. HARGRAVE,
Esq., M.A., of Lincoln's Inn, Barrister at Law.

S. Sweet, 1, Chancery-lane.

Just published, price 38.,
JUDGMENTS

WORTHINGTON ON WILLS.-FOURTH EDITION.

This day is published, price 15s. boards,

A GENERAL PRECEDENT for WILLS, ING.

Copious Practical Notes. By GEORGE WORTHING. TON, Esq. The Fourth Edition, with considerable Additions and Alterations, bringing all the Decisions on the recent Statute of Wills down to the present time.

S. Sweet, 1, Chancery-lane; A. Maxwell & Son, 32, Bell-
yard; and V. & R. Stevens & G. S. Norton, 26 and 39, Bell-
yard.
Of whom may be had,

Second Edition, greatly enlarged,
A PRACTICAL TREATISE on the LAW of PART-
NERSHIP, (including Partnerships in Mines, Joint Stock
Companies, and Ships), with an Appendix of Forms. By
JOHN COLLYER, Esq., of Lincoln's Inn, Barrister at Law.
THE JURIST given to any Newsman, or letter

[ocr errors]

coln's Inn, Esq., Barrister at Law.

"Mr. Prideaux has collected the learning upon judgments with admirable precision and clearness, and we can safely pronounce his work one of very considerable merit and utility."

[ocr errors]

STEVENS & G. S. NORTON, (Successors to J. & W. T. Clarke, late
of Portugal Street), 26 and 39, BELL YARD, will insure its punctual
tion, through the medium of the Post Office, to the Country.
delivery in London, or its being forwarded on the evening of publica

London: Printed by WALTER M'DOWALL, PRINTER, 4, PEX-
BERTON ROW, and Published by STEPHEN SWEET, BOOKSELLER

[graphic]

No. 294.

LONDON, AUGUST 27, 1842.

PRICE 18.

The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity:

[blocks in formation]

As the County Courts Bill was withdrawn for the express purpose of allowing it to be considered during the recess of Parliament, and as we are to presume that the opinions of the Profession on this most important Bill will not be considered undeserving attention, we feel that we shall be justified in returning to it perhaps on more than one occasion; and we shall now address ourselves to a point on which we slightly touched in a former Number, in commenting on one of the preceding County Courts Bills.

It does not appear that the present Bill, any more than any of its predecessors, contemplates bringing justice home to the poor man's door in matters of equitable jurisdiction. The remedies, such as they are, appear exclusively destined for legal rights; pleas of personal actions for debt or damage not exceeding 201.; actions of replevin; certain remedies for recovering possession of tenements &c. are noticed; but not one word is to be found affecting such matters as the administration of the estates of deceased persons, for the benefit of creditors or legatees; construing and carrying trusts into effect; enforcing the specific performance of contracts; injunctions to restrain the doing of acts, which, being done, cannot be adequately compensated for in damages; and the like matters falling within the circle of equitable jurisdiction.

Suppose A. sells a horse to B. for 197., and then B., finding it defective, returns it, and demands back his money: it is in contemplation that he shall have a remedy by action in the County Court, because it is a great hardship to impose on him the necessity of proceeding for so trifling an amount, under the expensive process of one of the superior Courts. But if A. dies intestate, leaving 1007., and it is uncertain who are his next of kin, his administrator and the claimants are not to have any tribunal to which they can resort, short of VOL. VI.

GG

[blocks in formation]

the inaccessible Court of Chancery, to ascertain who are the parties entitled, and to administer the property; or if, instead of dying intestate, he makes his wilk, and bequeaths his 100%. to his married daughter, in such form as to give her only an equitable chose in action; or if he bequeaths it on any trusts of intricacy; the County Courts Bill provides no cheap judicial process for enforcing, in the first case, the payment to the husband, subject to his making an equitable settlement on the wife, or, in the second, for a due administration of the trusts. Again: suppose A. contracts to build a wall for B. for 207., it is thought by the framers of this Bill important to give B. a cheap remedy in the County Court against A., if he does not fulfil his contract. But if the contract were for the sale to B. of a freehold field, then he is to be left with no better remedy than he has now; that is, practically with none; for of course, if it be imprudent, on account of the expenditure of time and money, to litigate in a court of law, where the sum in question does not exceed 20%., it would be absolutely frantic madness to go into the Court of Chancery.

Why there is in all the Bills for County Courts this omission of all equitable remedies, we have never been able to conjecture. We are not indeed ourselves among those who have much opinion of the general principle of what is termed cheap justice, that is, very summary, coarse adjudication in trifling disputes. We have always, we believe, in common with the great majority of the profession, felt inclined to the opinion, that trifling disputes are best settled out of Court, and that the inducement offered by cheap justice, even if bonâ fide justice can be at all obtained at a cheap rate, to incessant petty litigation, and to the generation and employment of a most pernicious class of legal agents, will far outweigh the supposed advantages of a judicial determination. But still if the settlement of trifling rights is to be arrived at by judicial process, the application of the principle

should not be confined to one, and that perhaps not the largest class of rights; and while the law recognises, as it does, equitable as well as legal rights and liabilities in respect of small amounts of property, there seems no conceivable reason why it should provide remedies for such legal rights, on the ground of the inconvenience of attaining them in the Superior Courts, and refuse remedies for equitable rights, which it is not merely inconvenient, but absolutely impossible to obtain in the Superior Courts of Equity.

The justice of the poor man's claim to cheap equity as well as to cheap law, can hardly, we think, be contested. It cannot be denied that equitable questions arise to a considerable extent in regard to very trifling amounts of property. Indeed, it is by no means an unfrequent occurrence with equity lawyers, to find it their duty to advise clients against litigation in the Court of Chancery, on the sole ground of the smallness of the property in contest. Neither can it be denied that it must be as important to the poor man to have justice administered to him in regard to his equitable rights, as it is in regard to his legal rights. The only question then is, whether the practical difficulty of framing Courts to administer cheap equity, so far exceeds that of framing them to administer cheap law, as to render it expedient to withhold the former, while the latter is conceded. And we confess we see no such superior difficulty.

First, with regard to the Judge: any individual at all competent by his general legal acquirements to administer the law in a County Court, will in a short space of time acquire, if he does not before his appointment possess, sufficient knowledge of equity to administer it in such matters as would be brought before him. Secondly, as to the proceedings: if the only plan hitherto at all patronized by the Legislature for attaining cheapness, be adopted, viz. the abolition of pleadings, as well as of barristers and attornies, then there seems to be scarcely any more difficulty in adapting County Courts for equitable than for legal jurisdiction. It would seem merely requisite to invest such Courts with the power of entertaining suits touching such matters as constitute the subject of suits in Equity, and to require them in such matters, to hear and determine according to the principles adopted by the superior Courts of Equity. If on the other hand, the Legislature shall find, as we trust it will, that pleadings cannot be dispensed with, then the framing of such short forms of pleadings for suits in Equity, as will at once suffice to bring the matter of the suit, and no more, properly before the Court, and at the same time avoid much expense, will of course be a matter of no small difficulty; but it does not seem a difficulty more absolutely insurmountable than that of reducing in the same ratio pleadings in actions at law. The plaintiff might, for instance, file a short bill, simply stating the ground of complaint in paragraphs, numbered as the interrogatories of a bill in Chancery are now numbered, and praying general relief. To this the defendant might be required to put in upon oath an answer denying, admitting, or ignoring the facts alleged, by reference to the numbers of the allegations. Thus, for instance, "the defendant denies wholly the truth of the allegation numbered 1; he admits the truth of the allegation num

bered 2; and as to all the other allegations in the bill, he is ignorant." To compensate for the deficiency of such a mode of pleading, and for sifting the conscience of a contumacious defendant, so as to prevent evasion and elicit the whole truth, the court might have power at the hearing to question him on the matters contained in his answer, at the same time protecting him, both in respect to his answer and to his examination, against making admissions tending to expose him to penalties and forfeitures. No such things as demurrers, pleas, exceptions, or any dilatory pleadings, could of course be admitted; and the evidence of witnesses would be taken viva voce.

amicable suits instituted solely for the purpose of hav In suits of a purely administratory character, or in ing a judicial opinion on some point or points of diffi culty in the construction of a will or deed, perhaps hardly any pleadings would be requisite. The parties might be permitted to submit a short statement of the point in dispute, and on that, and on inspection of the instruments in which it occurred, the cause might be

heard.

In throwing out these very general observations and propositions, we wish not to be understood as absolutely advocating petty Local Courts for the administration of cheap equity; we merely seek to call the attention of the Profession to the consideration of this question, whether, if Local Courts are to be established, and if cheap justice is to be administered to the poorer classes of suitors, a provision ought not to be made for adjudicating upon their equitable as well as on their legal interests. If, as we have asserted, it be incontestable that, in the administration of deceased persons' estates, in the execution of trusts, in the construction of wills, in the due performance of contracts, and such-like equities, difficulties exist to a very large extent in reference to such amounts of property as are possessed by the humbler classes; and if it be true that to provide for adjudication in such matters, is in reference to a similar provision for adjudicating on legal rights, and the name of common sense should the Legislature treat is a question only of the degree of difficulty, why in legal rights as alone deserving a cheap remedy, and pay no more attention to equitable ones than if they had no existence at all? Why draw an impassable line of distinction?

ORDERS ISSUED BY THE LORD CHANCELLOR.

By a General Order, made in the matter of the suitors of the Court of Chancery, dated 8th July, 1842, it was ordered, that, in the execution of the orders of the court, directing any annual payment to be made out of interest or dividends to accrue after the 5th April, 1842, Accountant-General, whereon the cashiers of the Bank upon such of the funds standing in the name of the of England should receive the interest, after a deduction of 7d. for every 20s. of the accumulated amount thereof, in pursuance of the act therein mentioned, the same as should be the amount thereof, after de Accountant-General should draw only for so much of ducting the said duty imposed by the said act, except in cases in which the court order expressly otherwise.

COURT OF BANKRUPTCY.—July 15. Whereas, by an order of the Lord Chancellor, made drafts for dividends, under any bankrupt's estate, which on the 28th of June last, it was therein directed that all had been delivered to any official assignee by the Ac countant in Bankruptcy, for more than six calendar months, the same having been previously signed by such Accountant, but which had not been issued to any

« PreviousContinue »