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in another form, and it assumes that such a document has all the effect of a bill of lading. But as the nature and effects of these two documents are quite different from each other, it seems to me that such an argument has no foundation at all, and cannot be adopted without converting a delivery note into a bill of lading.” Lord Brougham and Lord Campbell expressed themselves to the same effect.

Court Papers.

EQUITY SITTINGS, HILARY TERM, 1857.
Court of Chancery.

Monday.

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Before the Lord Chancellor.

At Westminster.

Jan. 12 Appeal Motions and Appeals.

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such indicia of property as to be able to deal with the
goods as his own, by pledging them to a bonâ fide
pawnee for valuable consideration. This was found by
a London jury, stated by Lord Ellenborough, C. J., to
have been "a most intelligent one," and was upheld
by the Court. Bayley, J., said, "It is laid down as a
general rule, that a pawnee cannot have a better title
than the pawnor; and so it is of vendor and vendee,
except in the case of a sale in market overt. But this
rule will certainly not apply where the owner of goods
has lent himself to accredit the title of another person,
by placing in his power those symbols of property
which have enabled him to hold himself out as a pur-
chaser of the goods. . . . . Unless that document (the
delivery order) was of a nature to hold out Coles,
Brothers, (the transferees), to the world as owners,
it will not avail the defendant. Now, the order does
no such thing; it authorises a transfer to be made to
Coles, Brothers; but this might well be if they were
agents for an undisclosed principal." And Abbott, J.,
said, "I consider the transfer order merely as affecting
the possession; further than that I cannot carry it;
and possession alone is not a sufficient emblem of au-
thority to entitle a factor to pledge, so as to enable the
pawnee to hold the goods against the real owner.”
In Jenkyns v. Usborne, (7 Mac. & G. 678), a. d. 1844,
it was held that the right of stoppage in transitu might
be exercised, although the vendee had pledged the deli-
very order for the goods; and Tindal, C. J., thus points
out the difference between delivery orders and bills
of lading:-"The actual holder of an indorsed bill of
lading may undoubtedly, by indorsement, transfer a
greater right than he himself has. . . . . This excep-
tion is founded on the nature of the instrument, which
being, like a bill of exchange, a negotiable instrument,
for the general convenience of commerce, has been al-
lowed to have an effect at variance with the ordinary
principles of law. . . . . In the present case, Thomas
(the pawnor) was not in possession of the bill of lading;
he had only an order on the captain to deliver the goods
on arrival, and when, under the circumstances, that
order was handed over to the defendant, it appears to
us, that although an interest in the contract passed to
the defendant, the interest in the goods did not pass, as
it would have done if the transfer had been by assign-
ment of the bill of lading." This distinction was
pointed out in still more emphatic terms in M'Ewan v.
Smith, (2 H. L. C. 309), a. d. 1849, in which it was
held that the giving a delivery order, even under a con-
tract of sale, is not a constructive delivery of the goods,
and that the unpaid vendor had still a lien upon the
goods for their price, although the order had been
pledged for value to a bonâ fide pawnee. Lord Chan-
cellor Cottenham in that case said-" First, it is said,
that though the delivery note does not pass the pro-
perty, as a bill of lading would have passed it, by being
indorsed over from one party to another, still it operates
as an estoppel upon the party giving it, so far, at all
events, as a third party is concerned; and it is argued,
that it is a kind of fraud for a person to give a delivery Wednesday
note, which the person receiving it may use so as to
impose upon a third person, and then to deprive that
third person of its benefit. But that argument is merely
putting the argument as to the effect of a delivery note

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Monday

19 Special Paper.

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Lancast.-Warberton v. Parke

Allen v. Gibson

Liv'pool-Pyer v. Carter

Pigot v. Cadman
Hudson v. Rawle
Scott v. Mayor of
Manchester
Croockewit v. Flet-
cher

Cambridge-Gelon v. Hall

Same v. Same

Huntingdon-Brown v. Slat

cher Warwick-Brown v. Forter Chester-Shufflebottom v. Allday Moved after the 4th Day of Mich. Term, 1856. Midd.-Thomas v. Packer

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Nelson v. Ashwin

Owen v. Brandum

Lond.-Mathew v. Blackmore.

SPECIAL PAPER.

FOR JUDGMENT. Oldershaw v. King Pochin v. Duncombe

Barber v. Jessopp

FOR ARGUMENT.

Doe d. Hughes v. Probert
Dennison v. Holliday
Rogers v. Taylor
Rogers v. Williams
Morgan v. Corporation of Bir-
mingham

Guardians of the Poor of Wycombe Union v. Guardians of the Poor of Eton Union

Brewer v. Dimmack
Allan v. Dunn

Carlyon v. Lovering
Peddell v. Gwyn
Macnaught v. Russell
Sharp v. Gibbs
Levick v. Carline
Churchward v. Foss
Degg v. Midland Railway Co.
Lyndon v. Stanbridge
Sloan v. Day

Ellis v. London and South-
western Railway Co.
Kirk v. Gibbs.

PEREMPTORY PAPER.

To be called on the first Day of Term after the Motions, and to be proceeded with the next Day, if necessary, before the Motions.

Daley v. Laing

Dickin v. Jukes

Lawford v. Partridge

In re Avery v. Laurent Heard v. Edey.

ERRORS AND APPEALS FROM THE COURT OF

FOR JUDGMENT.

Chasemore v. Richards
Rigg v. Lonsdale
Boyd v. Hind

EXCHEQUER.

FOR ARGUMENT. Gray v. Leidemann Muggleton v. Burnett

Gibbs v. Trustees of the Liver. pool Docks.

The Right Hon. Sir Alexander Edmund Cockburn, Knt., Lord Chief Justice of her Majesty's Court of Common Pleas at Westminster, has appointed the following gentlemen to be Perpetual Commissioners for taking the acknowledgments of deeds to be executed by married women:-Thomas William Tahourdin Cooke, of Wokingham, Berkshire, in and for the county of Berks; William Gribble the younger, of Abchurchlane, in the city of London, in and for the city of London, also in and for the city and liberties of Westminster, and also in and for the county of Middlesex,

IN

VOLUME II.-NEW SERIES.

ACCOUNT. Power to refer matters of, under Common-law | APPOINTMENTS-(continued).

Procedure Act, 349

ACCUMULATION of income. When it may be said to be
directed, within the Thellusson Act, 244
ACKNOWLEDGMENTS BY MARRIED WOMEN may
be taken by judge of county court, 367
commissioners to take.-See COMMISSIONERS.
ACTION. Locality of cause of, 358

specific delivery of goods may be ordered in, ib.
ADMINISTRATION of civil and criminal justice, 30
ADULTERINE BASTARDY, 139

ADVOCACY of prisoners. Answer to an article in the
Examiner on, 39

AFFIDAVITS. Admissibility of, to invalidate summary pro-
ceedings, 431

AGENT. Liability of, 489, 513

contract for sale of land by, 117

AGREEMENT now need not shew consideration, 357

for sale of real property, as affected by the Statute of
Frauds, 71, 81, 94, 117

ALEHOUSES. Jurisdiction of borough justices to license,
360
AMENDMENT of the law, Sir F. Kelly's bill for, reviewed,
223, 231
ANTIGUA.

Qualification of barristers to practise in, 45
APPELLATE JURISDICTION of the House of Lords.
History of, 115

select committee on, and scheme for amendment, 103, 115
protest of peers on bill, 271

evidence of Sir R. Bethell, S. G., 271, 280

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Anstey, J. C., Esq., Legislative Councillor of Hong Kong,
263

Archibald, A. G., Esq., Solicitor-General for Nova
Scotia, 393

Barlow, T. W., Esq., Queen's Advocate for Sierra Leone,

171
Butterfield, T., Esq., Legislative Councillor, Bermudas,
123

Cameron, D., Esq., Chief Justice of Vancouver's Island,
206

Collett, K. W., Esq., Queen's Advocate for Sierra Leone,
552

Conti, G., LL.D., Judge of Malta, ib.

Darrell, J. H., Esq., Chief Justice, Bermudas, 123
Davies, H., Esq., Chief Magistrate for Hong Kong, 328
Davison, H., Esq., Judge of the Supreme Court of Ma-
dras, 506

Davoren, A., Esq., Chief Justice of Nevis, 453
Dickson, W. G., Esq., Procureur and Advocate-General
for the Mauritius, 393

Dowdeswell, G. M., Esq., Recorder of Newbury, 183

Gilbert, J.T., Esq., Solicitor-General for British Guiana,

328

Gordon, J., Esq., Master of the Court of Common Pleas,
183

Gray, J. H., Esq., Attorney-General for New Brunswick,
377

Harding, W., Esq., Recorder of Natal, 521

Harvey, S., Esq., Solicitor-General for Bermudas, 123
Ker, Alan, Esq., Chief Justice of Dominica, 206
Kinglake, Serjt., Recorder of Bristol, 506
Kynnersley, T. C. S., Esq., Stipendiary Magistrate of
Birmingham, 183

Maxwell, P. B., Esq., Recorder of Penang, 29

Miller, Mr. Serjt., County Court Judge for Leicester-
shire, 10

Pashley, R., Esq., Q. C., Assistant Judge of Middlesex
Sessions, 29

Remono, J., Esq., Judge of Mauritius, 552

Ross, H. J., Esq., Attorney-General for Grenada, ib.
Rowe, W. C., Esq., Q. C., Lord Chief Justice of Ceylon,

29

Saunders, C., Esq., County Court Judge for Taunton
District, 309

Sausse, M. B., Esq., Q. C., Judge at Bombay, 11'
Smith, J. L., Esq., Attorney-General for British Guiana,
171

Snagg, W., Esq., Chief Justice for Antigua, 393
Stewart, Duncan, Esq., Attorney-General for Bermudas,
123

Sumner, R. G. M., Esq., Chancellor of the Diocese and
Commissary of Surrey, 506, 521

Surtees, S. V., Esq., Chief Judge of Mauritius, 552
Temple, C., Esq., Judge in Ceylon, 87

Wickson, J. J., Esq., Crown Solicitor for Hong Kong,

393

Wilkins, L. M., Esq., Judge of Supreme Court of Nova
Scotia, ib.

Worlledge, J., Esq., County Court Judge for Norfolk, 309
APPOINTMENTS of commissioners to take acknowledg

ments, and commissioners to administer oaths in Chan-
cery. See COMMISSIONERS.

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BAR. On the present condition and prospects of, 397, 417
calls in Hilary Term, 1856; 45
calls in Easter Term, 1856; 218
calls in Trinity Term, 1856; 274

calls in Michaelmas Term, 1856; 483
BARRISTERS in Antigua. Qualification to practise, 45
BASTARDY. Adulterine, 139

BEALE v. SYMONDS. Case of, considered, 537
BEAVAN v. LORD OXFORD. Case of, considered, 79
BELLAMY. Reminiscences of the Oxford Circuit, 147
BEQUEST" to A. or his heirs." Construction of, 211, 224,
465

BERMUDAS. Appointments of Chief Justice, Attorney and
Solicitor General for, 123

BIGAMY. Marriage in Scotland, 291

BIGG on Parliamentary Proceedings, reviewed, 528
BILLS IN PARLIAMENT. Partnership, 56, 121, 182
joint-stock companies, 56, 121

crossed cheques, 120

personal estate of married women, 121

specialty and simple contract debts, 204
mercantile-law (Scotland) amendment, 217

to amend County Courts Acts, 194

BILLS NOT IN PROGRESS. Assignment to one's self, 93
assignment of choses in action, 94

rent-charge not against common right, ib.
division of conditions of re-entry, ib.
distribution of personal estate, ib.

BILLS OF EXCHANGE. Acceptance of foreign bill, how
to be made, 358

Summary Procedure Act, Orders in Council respect-
ing, 55

Orders in Council, the Stannaries, 308

act extended to Great Yarmouth Borough Court, 521
forms and suggestions issued by judges of county courts,
120

actions in county courts, 373

and the county courts, correspondence on, 167, 191

BOMBAY. Commissioner for taking affidavits for Supreme
Court of, 111

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CHURCH LEASES. Injustice to lessees by recent enact-
ments, 243

CINQUE PORTS. Old law of debtor and creditor in, 377
CIRCUITS OF THE JUDGES:
Spring, 62
Summer, 287
Winter, 493, 506

CIVILIANS. Notes on some English civilians, 406
COIN. Counterfeiting of foreign coin, 291
COLE, W. R., on Ejectment, reviewed, 515
COMMISSION to inquire into the mode of conducting the
business of the courts, 490

for inquiring into certain non-parochial registers of births,
deaths, and marriages, 561

COMMISSIONER for taking affidavits for courts at Bom.
bay, 159

COMMISSIONERS FOR ADMINISTERING OATHS
IN CHANCERY:

Brighton, T. King, 250

Castletown, Isle of Man, J. Gell, 369, 409

Dublin, C. Wilkin, 159

Edinburgh, A. Webster, 385

Honiton, Devonshire, J. B. Smith, 537

Leeds, W. Clark, 506

March, Cambridgeshire, J. H. J. Woodward, 42
Walsall, J. H. Moore, 11

COMMISSIONERS FOR TAKING ACKNOWLEDG-
MENTS OF DEEDS BY MARRIED WOMEN:

Bath and Somersetshire, H. J. Mant, 11
Berks, G. N. Tanner, 321
Berks, T. W. T. Cooke, 568
Cambridge, G. M. Smith, 206
Chester, C. C. F. Pickford, 299
Cumberland, C. Halton, 123
Devon, G. Peard, 533
Dorset, J. W. Bell, 337
Lancaster, E. Allen, 232
Lancaster, T. Woodburne, 274

London and Westminster, G. Capes, 521

London and Westminster, W. Gribble, 568
Middlesex, G. Capes, 521
Middlesex, W. Gribble, 568
Norfolk, J. C. Brook, 75
Worcester, G. A. Bird, 250
Worcester, C. Pidcock, 321

Worcester, E. Houseman, 337

Yorkshire, North Riding, C. J. Blount, 87

COMMON-LAW PROCEDURE ACT, 1854, extended
to Great Yarmouth Borough Court, 521
provisions of sects. 60 to 67, as to attaching debts, 3
examination of debtor as to his credits, ib.

what debts are within the act, 4

procedure against garnishee, and costs, 5

review of cases under, 343, 367, 423, 438, 447

power to refer accounts, 349

COMMON PLEAS, Master in. J. Gordon, 183

COMMON SERJEANT. On appointment of Russell Gur-
ney, Esq., 104

candidates for appointment, 560
COMPANY.-See PUBLIC COMPANY.

when bound by contracts not under seal, 27
CONDITIONS of sale. Articles on, 130, 153, 164, 178,
189, 214, 246, 268, 315, 334, 350
CONFIRMATIONS of estates and interests, 53
of void grant, ib.
in ignorance, ib.
of lease, ib.

of appointment, ib.
stamp on, 54

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