Page images
PDF
EPUB

fendant place himself more within the jurisdiction of
the Court, by appearing by counsel to oppose the
grant of the writ, than by allowing the matter to be
determined ex parte? Unless you can answer this
question satisfactorily, there is an obvious fallacy in
your argument.

Most men would have fancied that they had herein
one enough for a stranger, and have allowed
he matter to have forthwith passed from their
Shought and memory. But the gentleman of whom
e are speaking was not satisfied with doing so
uch. Having, as it were incidentally, ascertained
he address of the poor sufferer, he wrote by the But there is another answer; you assume that the
ame post to his lady in London, desiring her to propriety of issuing the writ is to be determined
asten to the dying man's lodgings, see what the under the proposed new system, by hearing both
eal facts of the case were, and what could be done parties; the advocates for the restoration of arrest
.. alleviate his condition beyond the comforts which take no such position-they leave that question to
ere money could afford under such circumstances. the wisdom of deliberation: but it appears to me,
he went accordingly, and found him apparently that an ex parte primâ facie case on the part of the
a dying state, and with people about him who plaintiff, made out, is the only safe course in the first
ared nothing for him, and who, even if they had, instance to justify arrest. Enquiry would not only be
were incapable of any sympathy with the feelings of time thrown away, but would furnish an opportunity
really highly educated person under such circum- for the debtor to commit fraud. It is the very essence
tances. It was quite evident that money alone of the utility of arrest on mesne process, that it should
ould neither give him the slight hope which there silently, but effectually, secure the creditor against
hight be of recovery, nor smooth his dying pillow. fraud. What avails it to shut the door when the
'he lady did all that she could for him on the spot, horse is stolen ? It is equally absurd to give a debtor
nd gave all the directions and suggestions which notice that you will arrest him if you can; the ame-
one but a female head and a female heart can think lioration of the old system is to be looked for in the
f in a sick chamber, and then returned home to speedy relief of the honest man from the inconvenience
vrite her account of what she had witnessed to her of confinement; as to him, bodily imprisonment may
husband, who was still on circuit. By return of post be lawfully and properly used, just so far as it is
he had a letter telling her what to do farther, and, necessary for the purpose of securing possession of
n accordance therewith, she instantly went again in his property, and no further. Arrest in the first in-
person, in her own carriage, and had the poor in- stance is necessary, as is proved beyond all dispute,
valid at once removed carefully in it to her splendid both by argument and experience. Alleviate the
mansion at the west end of the metropolis, where case as much as you can afterwards, in favour of
he has since been nursed and treated with every honest men. Much may be done there; I have sug
possible tenderness and attention which kind-gested one or two improvements in a previous letter,
ness or even the affection of his nearest relatives vol. 8, p. 545. Let us deal with the question on
could have devised. He has been provided with the broad principles of justice, and not endeavour to
every comfort and luxury that could be thought trip an antagonist up, by the doubling windings of
of as necessary for his condition. The result is that special pleading. I am sir, yours, &c.
he is now in a state which, two months ago, when
he was first removed, would have been thought im-
possible by the most enthusiastic medical man. It
has been proposed that he should go to a bathing-
place on the southern coast, but his kind host will not
permit him to stir until the weather sets in decidedly
warm. We have related this circumstance at length,
and it delights us to have such a trait in human
nature to relate of any one. And we must say that
we think an act of such pure benevolence far above
any amount of subscription. Many a man amongst
our wealthier classes would, we trust, have written a
cheque for hundreds to save the life of a fellow-crea-
ture under similar circumstances; but the generality,
having done so, would, we repeat, have fancied that
they had done their part, and done it well; they
would not have put themselves to what most men
would have deemed the domestic and personal incon-
venience which has been incurred in this instance,
but which, in truth, has been felt as the luxury of
benevolence by the good Samaritan of whom we have
been speaking, and by his amiable lady who has been
such a valuable and important auxiliary in the Chris-
tian work. We glory to hear of such things. They
contradict the misanthrope who asserts that the world
is all selfishness.-From the Liverpool Chronicle,
May 8.

[Although never admitted by himself, we see no reason why others should conceal the fact that the doer of this noble deed was Mr. Serjeant Wilkins. "Honour to whom honour."-ED. LAW TIMES.]

CURIOUS CASES IN THE OLD REPORTS. A friend proposes to supply our readers occasionally with short notices of curious cases in the older reports-The following is abridged from March's New Cases, Edit. 1675.

DICKES v. FENNE.-March's N.C. p. 59. In an action upon the case for words, the words were these. The defendant having communication with some customers of the plaintiff, who was a brewer, said "that he would give a peck of malt to his mare and she should piss as good beer as Dickes doth brew," and he laid ad grave damnum, &c. By the Court.-The words of themselves were not actionable, without alleging special damage, as the loss of his custom, &c. which is not here, and therefore not actionable: and Barclay, J. said that the words are only comparative and altogether impossible also; and he said that it had been adjudged that where one says of a lawyer "that he had as much law as a monkey," that the words were not actionable, because he hath as much and more also-but if he had said "that he hath no more law than a monkey," those words were actionable.

CORRESPONDENCE.

Birmingham,

April 26, 1847.

GEO. MARSLAND.

MORTGAGE TRANSFER STAMPS.

TO THE EDITOR OF THE LAW TIMES.

SIR,-It is much to be lamented that, in concocting the General Stamp Act, the necessity was never so much as dreamt of to introduce a distinct class of duties under the generic term "Hippopotamus,"answering to that celebrated nondescript "what can't live alive on the land and dies in the water."

Had the Legislature kindly foreseen what difficulties were likely to spring up through the perplexities of legal vision, there would doubtless have been provided some one general refuge whereto the lost mariner in the law might have steered, and where, recovering from his weariness and bewilderment, he might rejoice at last in the certainty that this-aye this is the admitted safe bay of the "Hippopotami."

Then would our learned doubts have given way to a feeling of confidence. "Lex" would no longer ask if a mortgage be not something more than a mortgage, from the peculiarity of the thing mortgaged; he would know, and see, and say at once, "It is an Hippopotamus, and under that head will I ascertain its proper duty." Mr. Berry, of Derby, would not be put to the trouble of assuring him that a mortgage is only a mortgage, even though it comprised bottled moonshine; nor would "B." have to expatiate very learnedly to the effect that it is a new mortgage, requiring both "the deed [meaning the common deed], stamp, and ad. val. duty"!!!

duty on mortgages (and that alone) shall be charged on the additional sum; and there ends the liability. The fact is therefore demonstrable, almost beyond any other fact, that the 35s. duty and the ad. val. duty, respectively granted by 3 Geo. 4, cannot possibly attach together upon one and the same instrument, Humberston v. Jones or any other decision to the contrary notwithstanding.

So much for the learning of the learned and the mystifications of the mystified,-more especially the latter, which have indeed gone on increasing in profundity ever since that memorable day (see Lant v. Pease) when Mr. Justice Patteson caught the ad. val. duty on transfers in the very act and fact of "swallowing up the transfer duty."

I am, Sir, yours, &c.
Shefford, May 10, 1847.

GEO. AUSTIN.

MORTGAGE TRANSFER STAMP. SIR,-The reply of "B," in your last number, to the query of "Lex" in your previous number, is a little unintelligible and contradictory. It seems to me that he has rightly understood the case of "Lex," and is quite correct in stating that "the transaction must be looked upon as a new mortgage, and must be stamped accordingly," but then he is altogether wrong in saying that such stamps must be a deed stamp and an ad valorem duty. No new mortgage of personalty requires a deed stamp, and the authority cited by "B." is directly opposed to his conclusion. Mr. Jarman, after observing on the requisite stamp on an assignment by way of sale of a mortgage, says,"Whenever this is not the case [a sale], but the transferor is liable to repay to the transferee the consideration money, on payment of which the security is to be re-transferred [and which is precisely the case of "Lex"] the transaction is in effect a mortgage, and the deed must be stamped accordingly." I am, Sir, yours, &c." Derby, May 11, 1847.

WM. BERRY.

TO "A PERPETUAL COMMISSIONER."
TO THE EDITOR OF THE LAW TIMES.

SIR,-In reply to your query contained in the LAW
TIMES of the 17th ult. A. B. having been appointed
for the county of D. only, cannot take an acknow-
ledgment out of that county.
I am, Sir, yours, &c.
A BROTHER PERPETUAL.

Birkenhead, May 12, 1847.

Theirs-at-Law, Next of Kin, &c. Wanted.

[This is part of a complete list now being extracted for the LAW TIMES from the advertisements that have appeared in the newspapers during the present century. The reference, with the date and place of each advertisement, cannot be stated here without subjecting the paragraph to duty. But the figures refer to a corresponding entry in a book kept at the LAW TIMES OFFICE, where these particulars are preserved, and which will be communicated to any applicant. To prevent impertinent curiosity, a fee of half-a-crown for each inquiry must be paid to the publisher, or if by letter, postage stamps to that amount inclosed.]

809.

811.

Do pray, Mr. Editor, cry a truce to this confusion.
Will B."-will a few more of your learned readers 810.
take the pains just to note that if a deed be chargeable
with duty under any head whatsoever, it cannot possibly
be liable to the common deed duty, seeing that the
latter attaches only to deeds not otherwise charged?
A new mortgage is otherwise charged, and therefore
cannot be liable to the common deed duty-so also of
a transfer; and as well might it be contended that
the deed instanced by "Lex" is in fact liable to the
conveyance duty (because it contains the words "bar-
gain and sale"), as that it should be liable either to
transfer duty or common deed duty, because it happens
to operate by way of assignment.

812.

813.

814.

RELATIONS or NEXT OF KIN of JOHN FRANCIS, formerly of Spencer-street, St. George, and afterwards of Hanbury-place, All Saints, Poplar (Middle sex (died 20th Oct. 1839). Something to advantage. GEORGE GRAY, eldest son of the late Rev. THOMAS GRAY, minister of the gospel at Broughton Peebles, Scotland. He left Scotland in 1798, resided some time in Manchester as an engineer, and nothing has been heard of him since 1800. Himself or his issue to claim share in a certain fund.

LEGATEES of the Rev. WALTER HOVENDEN, de

ceased.

MILDRED CANNON, niece of Mildred Chambers, of Marsh Chapel, Lincoln (died Feb. 1839). Supposed to have resided at Limehouse, and to have been ill of the typhus fever, which caused her confinement in a lunatic asylum. Something to her advantage. Infor mation of her requested.

MARY ELLIOTT, who about the year 1819 was residing

with Mr. Jackson, at 9, Warren-street, Fitzroysquare, London. Something to advantage. WILLIAM SHIELDS MORGAN, who in 1818 was residing at Kingston, Jamaica, and has not since been heard of. Something to his advantage. If dead, a reward of 51. for information.

RELATIONS of WILLIAM HILLIER, who carried on the business of a tiresmith in High-street, St. Giles's, London, in 1783.

HEIR-AT-LAW of JAMES PUTNAM, formerly of Hali. fax, Nova Scotia, in British North America, but at the time of his death residing at 9, John-street, Portland-place, Middlesex.

Then, again, "J. P." proposes to mend the matter by a short Act authorising mortgage transfers to be carried in and stamped agreeably to the recent case of Humberston v. Jones; as if the latter were clear and the law muddy, instead of the law being clear and the case muddy beyond all chance of ever settling down! Turn we therefore to the latter, and we find 815. the Court declaring-what?-that "the question arises on the proper construction of 3 Geo. 4, c. 117, which repealed the duties on transfers under 55 Geo. 3; and 816. the Court proceeds to say that, "under 3 Geo. 4, if there is nothing but a transfer, a stamp of 35s. is imposed; but if any further money he added to the amount secured, the ad. val. duty on mortgages payable by the former Act is to be charged only in respect SIR, I am at a loss to see the force of your dis- of such further money." Now turn we to the 3 Geo. 818. tinction between an ex parte and an open investiga-4, and what find we as the criterion of 35s. duty or tion of the propriety of issuing a ca. ad res. as they ad. val. duty? We find no such distinction or groundrespectively affect the defendant's being amenable work as that "if there is nothing but a transfer," 819. Mr. RICHARD BLOOMFIELD, who some few years reto the jurisdiction of the Court: of course any per- but simply that "if no further money be added," sonal appearance of the defendant would be unnethen a 35s. duty (and that alone) is to be paid but; cessary in the latter case; and if so, how would a de- if any further money be added, then the old ad. val.

ARREST ON MESNE PROCESS.
TO THE EDITOR OF THE LAW TIMES.

817.

NEXT OF KIN of SAMUEL EVANS, late of 9, Little Portland-street, St. Marylebone, Middlesex, builder (died in May 1835), or their representatives. CHILDREN of JAMES ADAMS, and CHRISTIAN ADAMS (wife of John Garioch), who were the brother and sister of John Adams, late of Chandos-street, Coventgarden, Middlesex, wine and brandy merchant.

sided at Strawberry-vale, Finchley, and whose father was formerly a solicitor in Bouverie-street, Fleetstreet. Something to advantage,

820. NEXT OF KIN of Rev. GEORGE HANBURY PETTINGAL, late of the parish of St. Chad, Shrewsbury, Deser: 821. NEXT OF KIN of the late SUSANNAH BAKER (formerly sington, Middlesex (died April 21, 1834), or her per822. NEXT OF KIN of ANN CLARE, late of Moss, parish of

Clerk (died Feb. 18, 1838), or their personal represen tatives.

PHILLIPS), late of Bayne-terrace, Nottinghill, Ken

sonal representatives.

Mr.

Shall they be Represented? with a view to urge be hard to find. One name presents itself them, if they are of opinion that the query foremost a name held in deserved honourshould be answered in the affirmative, to im- and already associated with the cause. mediate and energetic action, to secure the FRESHFIELD is a most fit man. When forobject which they deem to be of so much im- merly in the House of Commons, by his adportance to their future well-being. We pro- vocacy of the Profession, he rendered them Quatt, County Salop, widow, died in June, 1823. pose now, assuming it to be agreed that the many important services. He might be per823. NEXT OF KIN of THOMAS LOWDEY, late of Cardiff, end is one worthy of an effort, to consider the suaded to resume his exertions, especially as, Glamorgan, mariner (died in Feb. 1838), or their per-question that arises immediately out of the having retired from the active duties, he will 824. Mr. JOHN ELLIS, formerly a clerk in the house of former one-By whom shall they be repre- have leisure equal to his capacity. Let applicaWelsh and Stalker, Leadenhall-street, London, and sented? tion then be made to him. If (which we do not who was intimate with a gentleman lodging at 61 or 62 in the said street, about the year 1807. Something anticipate) he should decline an office which, to his advantage. though one of toil will yet be one of honour, it will not be difficult, from among the leading men of the Profession, to find some respected name willing to take the place once filled by Mr. FRESHField.

sonal representatives.

825. NEXT OF KIN of CHARLES HEXWORTHY, late of High

bridge, Burnham, Somerset, gent. (died August
1824), or their personal representatives.
(To be continued weekly.)

To Readers and Correspondents.

'B." notes a slip of the pen in his reply last week to the query on Transfer of Mortgages. It reads as if he had asserted that the deed should bear both the transfer and

the ad valorem stamp. This, of course, he did not intend. "AN ARTICLED CLERK" complains that his master will tremely unkind and unjust, but we fear there is no legal

not allow him the use of his Law Library. It is ex

remedy. We have to acknowledge many reports of Practice Cases in the County Courts, too long and too numerous for insertion in the LAW TIMES, where we can give only those of

most urgent interest and importance. But they will duly "S. W."-We cannot enter upon such discussions as he has mooted. They are not within the province of the We are indebted to various correspondents for information

appear in the COUNTY COURTS CHRONICLE.

LAW TIMES, and would occupy too much space.

as to Election Forms.

"F. B. T." may rest assured that the arrangement we

suggested last week, for remunerating fees in the County Courts, will not subject the attorney to the law of Cham

perty.

"LEX."-His question is one of law, and not of professional
practice, and therefore excluded by our rules.
We have not room for the ingenious argument on the case
of Pott v. Clegg.
ERRATUM. In our last number, page 113, under the head
66 'Correspondence,"
"title" Stamps on Transfer of Mort-
gages, "in the 19th line of the letter signed “ J. P." for
means" read "many.'

TO THE PROFESSION.

The answer is not so difficult as many fear, although undoubtedly it will demand mature and anxious deliberation before a decision is come to, and to aid that judgment, we propose now to submit the considerations which, as it seems to us, should influence opinion.

The first consideration will be, which branch of the Profession should be preferred for the purpose?

With all deference to our own branch of it, for reasons presently to be stated, we have no hesitation in expressing our opinion that, for the purposes for which a representative is required, the Attorneys should select one from out of their own body.

Of course we offer these remarks as suggestions merely, and in no spirit of dictation. Our anxiety is to save time, and that the present occasion may not be lost through slothfulness or delay. We desire that the question shall be duly weighed, and therefore, with the utmost deference, we have endeavoured to present the most obvious bearings of it.

When last week we proposed a meeting on Wednesday next, we forgot that it was that universal holiday in London-“The Derbyday." It will, consequently, be necessary to postpone it until Friday, and we repeat again the request that those who may be willing to attend will so intimate to us, and the place and hour of meeting shall be communicated to them.

We may add that we shall be enabled to furnish the meeting with information as to the means of carrying out its object, which will materially assist its deliberations. can be procured if they will provide the man.

COURT FEES.

The seat

The experience of many years has proved that they cannot look for much aid from the members of the Bar. Although the House of Commons has generally contained from forty to fifty Barristers, the fact is not to be denied that the Attorneys have been virtually unrepresented, and among so numerous a body they have never found a man ready to rise on their behalf, or protect them from aggressions. This remarkable fact is to be attributed, partly to the little knowledge which the Bar, from its very position, can possess of the wants and feelings of the Attorneys-the absence of sympathy, if we may so term it; but still more from the sort of men whom the Bar sends into the Legislature. These are of two classes- MR. WATSON'S committee of inquiry into the Barristers in established practice, who go the fees of the Courts of Law and Equity canMr. CROCKFORD deems it necessary to warn the Pro- into Parliament as the path to honours, and not fail to be productive of very great benefit. fession against any dealings with Mr. Foulkes, of the Barristers who are such in name only: The burden of the Court Fees upon suitors has Bradford, Yorkshire. This person having undertaken the sale of the publications of this Office, as a law who have been called as a matter of form, but been hidden from public view by the intervenstationer or bookseller, and in no other character, who had never intended to adopt the Profession tion of the Attorney and Solicitor. Paid by appears to have gone about the country, representiag as a pursuit. Now it is obvious that neither the latter, and swelling their accounts, the himself as a general agent of the LAW TIMES, and of these classes could serve the purposes de- client has known them only in the shape of an obtained payments of moneys from various parties. sired. The honour-seeking Barrister, in full Attorney's bill, and the odium that properly He has also received a quantity of books and forms from the Office, on pretences of sales effected, &c. practice, wants the time; the dilettante Barrister belonged to the Court Fee has been shifted to Mr. CROCKFORD will be obliged by any information wants the knowledge. Hence the anomaly, so the shoulders of the Lawyer. It has often as to this person's character and conduct, with a strange at first sight, and which it is so difficult occurred to us, that it would have been a fair view to such proceedings as he may be advised. to make the public believe, that in a Legislature and self-vindicatory precaution if the ProfesIn compliance with repeated requests, the Publisher of where fifty lawyers in name sit and talk, mat- sion had resolved to make out their bills with of those who desire to be supplied with their Forms, ters that concern the lawyers are less re- the Court Fees stated in a distinct column: &c. direct from the Office, by undertaking to trans-garded, and the interests of the lawyers less then would their clients have learned where to mit parcels, carriage paid, with any order to the protected, than are those of any other class of throw the blame, and much of the popular feelamount of 21. at least, where the purchaser resides the community, and that to this moment they ing against Lawyers would have been abated near a railway; and with an order to the amount of are subjected to an unjust and exclusive tax, by evidence that they are only the conduit51. to places distant from railway communication. The volumes of the LAW TIMES, as they are completed, against which they petition and remonstrate, pipes through which so much money was made and can procure no relief. to pass from the pockets of the suitor to the officers, working and unworking, and the princely compensations concocted in Chancerylane.

the LAW TIMES has determined to meet the wishes

strongly and handsomely bound at 5s. 6d. each on a uniform pattern. The numbers for binding may be sent by the post, in parcels open at the ends, addressed to the Publisher; and a letter should state the seal, or some private mark, by which they may be identified. The "Verulam Reports" and "Law Digest" may be transmitted in like manner for binding. Other books may be inclosed in parcels for the binder. Portfolios for preserving the current numbers of the LAW TIMES, "Verulam Reports," and "Digest," are kept at the Office.

[blocks in formation]

We have special reason for noting this circumstance. A huge pile of petitions against the Certificate Duty has been forwarded to us, to procure their proper presentation. To whom can they be intrusted? Doubtless many of our learned friends would readily undertake the duty of laying them upon the table of the house; but that is not all required. We want a man who will interest himself in the question, make known their prayer, direct attention to the grievance of which they complain, and call for redress. None could perform this task more ably, and none would feel more zealously, than Mr. WATSON, who is so ably fighting the fee question. But the claims of his business are such, that, with the utmost desire to aid, he could not give to all the matters that would demand his attention the time they would require. The same remark applies still more forcibly to Sir F. KELLY, and to half-a-dozen others.

Therefore are we satisfied that from among themselves should the Attorneys seek a representative in the next Parliament. He need not be now in practice; enough that he has still a knowledge of their needs, and a sympathy with their views. Such a man, surely, would not

The ATTORNEY-GENERAL, it seems, again threw his shield over the Chancery Compensa tion Job. Mr. WATSON proposed to include that also in the inquiry. Investigation would have exposed its origin, and, if rumour rightly attributes that origin to the Law Institution, some very inconvenient exposures might have followed. So, acting we hope upon his brief, the ATTORNEY-GENERAL put his veto upon that branch of the inquiry. But enough remains to do good service, and, with judgment, some of the secret history of the Compensation Job may yet be made to ooze out.

THE GENERAL ELECTION. WE have to acknowledge with thanks the kindness and promptitude with which the request for information as to the best method of framing a complete series of Books and Forms for the use of Agents and Committees at the approaching General Election has been complied with by numerous readers. Careful consideration has been given to the various

uggestions, and a system has been framed, ind is now in preparation, which possesses the dvantage of simplicity.

The following additions to the Practical Forms nd Publications of the Verulam Society are a the press, and if any persons are desirous f having the names of the County, City, Boough, or of the Candidates printed in their ooks and forms, they should transmit their structions immediately.

As a Manual for the Elections, the Fifth Edition f Cox's Registration of Electors Act, incorporating he Reform Act and the recent Statutes, with the Deisions of the Common Pleas upon Appeals to the preent time, Introduction, and Notes. Added to which 3 a Second Part, containing minute Instructions to Agents and Committees for the Management of_Elecons in Counties, Cities, and Boroughs, with Forms, c. &c.; and a Third Part, containing like Instrucons for Under-Sheriffs and Returning Officers, the hole forming a complete Handbook for Elections. The ELECTION BOOKS and FORMS required y Agents and Committees comprise the folowing; but it will be necessary to state in rders whether they are required for a County or a Borough, and, as nearly as possible, the umber of Electors, that the proper size may be obtained:

No. 1. CANVASS Books, strongly bound with In

dia Rubber Backs.

No. 2. COMMITTEE REGISTER BOOK, ledger size, ruled and bound in two sizes. 1. Large size for the Central Committee. 4. Smaller size for District Committees and small Boroughs, ruled for four candidates.

No. 3. RETURN of DAILY CANVASS, by the District Committees to the Central Committee. In quires, ruled.

MARRIAGES.

Joxes, J. esq. only surviving son of the Rev. J. Jones, of
Langstone Court, Herefordshire, and Llancargo, Mon-
mouthshire, to Emily Edith, eldest daughter of T. Oake-
ley, esq. of Lydart House, Monmouthshire, on the 5th inst.

at Michel Hoy, Monmouthshire.

LEWIS, Mr. J. R. solicitor, to Eliza, relict of the late H.
Crompton, esq. of Moss Lodge, Ashton-under-Line, on the
5th inst. at the Tabernacle, Wotton-under-Edge.

MACNAMARA, J. solicitor, to Anne, relict of the late Wm.
Jones, esq. Drogheda, on the 8th inst. at Dublin.
DEATHS.

BARLOW, George Barne, esq. of the Crown-office, second
son of the Rev. G. F. Barlow, rector of Burgh, Suffolk,

on the 9th inst. in Queen Anne-street, Cavendish-square,
aged 41.

Cox, F. G. esq. of Doctors'-commons, at Stockwell, on the

9th inst.

HEAVISIDE, Richard, esq. late of Brunswick-square,
Brighton, a magistrate for the county of Sussex, and for-
merly captain in the King's Dragoon Guards, on the 7th
inst. at Bath, aged 52.

HEDGES, Thomas, esq. of Thame, Oxon, on the 7th inst.
aged 80.

[ocr errors]
[blocks in formation]

NOTICES OF NEW LAW BOOKS.

The Law of Costs, as affected by the Small Debts
Act and other Statutes, &c.. By THOMAS H.
FELLOWS, of the Inner Temple. London: Ben-
ning.

THE chief, if not the only, object of the legislature
in passing the Small Debts Act was to enable per-
sons to recover their "debts and damages" without
incurring the expenses attendant on an action in the
superior courts. The Act, however, expressly saves
the concurrent jurisdiction of those courts in some
cases, and, from the decisions that have taken
place on statutes having similar provisions, it seems
that it impliedly saves it in many others also: so
that a plaintiff will frequently have the option of

No. 4. INSPECTORS' POLL-BOOKS, for the use of
the Candidates' Inspectors at the Polling Booths.
No. 5. CHECK CLERKS' BOOKS, for use by the
Check Clerks at the Polling Booths.
No. 6. POLLS RETURN BOOK, for the Committee
Rooms at the day of Election, to record the
Check Clerks' returns, and shewing at any mo-suing either in the superior or local court.
ment the State of the Poll.

No. 7. COMMITTEE ACCOUNT BOOK, with or with-
out patent lock.

No. 8. COMMITTEE MINUTE BOOK, with or with-
out patent lock.

No. 9. FORMS for LISTS of OUTVOTERS, in quires.
Books and Forms required by Under-Sheriff's

and Returning Officers.
Instructions for conducting an election, with
forms of the proceedings to be observed, contained
in the edition of the Registration Act above

named.

No. 1. POLL BOOKS.

No. 2. The BRIBERY OATH, in quires, four on a

sheet.

No. 3. The OATH that Voter has not voted before,

four on a sheet.

No. 4. INSTRUCTIONS by Returning Officer to the
Poll Clerks, one on each sheet, in quires.
All the above forms are copyright, and have
been prepared especially for the Publisher of the
LAW TIMES.

Suggestions are requested of any useful Forms that may have escaped attention in framing the above list.

Parliament is expected to be dissolved in about three weeks, and as the processes of printing, pressing, ruling, and binding occupy a considerable time, it will be impossible to supply the members of the Verulam Society and others, unless very early intimation be given of the quantities required. As Mr. CROCKFORD must make arrangements accordingly, the members will oblige by stating at once what they will probably need of the above -not to be taken as a positive order, nor to which they are in any way pledged-but to enable him to form some estimate of what should be provided.

BIRTHS, MARRIAGES, AND DEATHS. [The charge for the insertion of the above is 5s.] BIRTHS.

CRAUFURD.-On the 7th inst. at Edinburgh, the wife of

J. Craufurd, esq. advocate, of a daughter. OGLE.-On the 12th inst. at Kensington, the wife of R. Ogle, esq. barrister-at-law, of a daughter.

the fee-simple to the cestui que trust a sufficient bar
to the entail. (Grayme v. Grayme, cited Wat.
Cop. 180; Otway v. Hudson, 2 Vern. 583.) But
where any other form of barring entails is prescribed
by the custom, then it seems that the simple act of
accepting a surrender of the legal estate by an
equitable tenant in tail of copyholds will not, except
under very particular circumstances and such as
call for the aid of a court of equity, bar the entail.

It must also be observed that the descent of the
legal estate on an equitable tenant in tail will not
operate as a merger, so as to bar an estate tail, even
where there is a custom to bar it by surrender
(Merest v. James, 6 Madd. 118;) because, in order
that an equitable may merge in the legal estate, they
in fee and an estate tail are not.
must be estates of the same quality, which an estate
And the reason
why accepting the legal fee by surrender will bar the
equitable entail whilst a descent of the same estate
will not, is that the acceptance of the legal fee by
surrender will afford evidence of an intention

to destroy an estate tail, and which a court of
equity will consider as barred accordingly, but
which intent cannot be inferred by the legal fee
devolving by descent upon the person previously
(See Mr. Coventry's note to 1 Wat. Cop. 179.)
taking an equitable estate tail in the same premises.
The enfranchisement of a copyhold tenant in tail
will have the effect of barring his estate tail in the
copyhold premises. (Dunn v. Green, 3 P. Wms. 9;

Parker v. Turner, 1 Vern. 393; Challoner v. Marshall, 2 Ves. 524; Wynne v. Cookes, 1 Bro. C. C. 515; Phillips v. Bridges, 3 Ves. 127.) A dormant entail may be presumed to have been cut off, where several of the issue of the tenant in tail have been admitted as heirs in fee simple (Wadsworth's case, Clay, 26); or there has been that length of possession and a consistent deduction to the title of the fee simple from which such presumption may be reasonably inferred. (Roe v. Lowe, 1 H. Bl. 459; Wat. Cop. 181; Scriv. Cop. 81.)

Fine levied in Common Pleas no operation on copyholds.-Some difference of opinion seems to have existed as to whether a fine or recovery of copyhold lands levied or suffered in the Common Pleas would be binding and effectual; but the better Inasmuch, however, as the loss of costs in the opinion seems to be that it would not, and that event of the plaintiff's succeeding, or the payment neither the legal nor the equitable interest would be of a higher rate of costs in the event of his failing, affected by it; for that in either case a fine so levied is the penalty to be inflicted on the person who sues would be coram non judice. (Scriv. Cop. 87; in the former, instead of in the latter, tribunal, it is Searle v. Kitner, 1 Chan. April 15th, 1809, cited obviously a matter of importance to the legal prac-19 Ves. 335; Scott v. Kettlewell, 19 Ves. 335. titioner to know when the plaintiff may exercise his Estates tail in copyholds how now barrable.choice; and the object of the book now before us is The statute 3 & 4 Wm. 4, c. 74, which abolishes to supply that information, and to point out the fines and recoveries, and comprehends copyhold as means by which the plaintiff, in a superior court (if well as freehold estates, prevents an estate tail from he recovers less than 207.), is to shew that he is being now barred by a recovery in both descriptions exempt from the penalty before mentioned. The of property. The clauses of that Act, however, as operation of the 3 & 4 Vict. c. 24, as affected by far as they relate to the barring of estates tail, apply the new Act, is also explained, as well as the bear-equally to copyholds as to freeholds, except that ing which the two have on the statute of Elizabeth. dispositions of copyholds under that Act of legal A little more attention might, perhaps, have been estates are to be by surrender, and of equitable espaid to the composition in some few instances; but, tates either by surrender or by deed. (Sec. 50.) with that exception, the book seems accurate So where the consent of a protector is necessary to enough, and we therefore recommend it to the bar an estate tail in freeholds, it will be equally repractising lawyer as an useful addition to his quisite to effect the same object in copyholds. If library. such protector consents by deed, the deed must be produced to the lord, or his steward, at or before the surrender, and the lord or steward is to acknowledge such production by indorsement on the deed, and enter the deed and indorsement on the rolls; and the indorsement is to be evidence of the production, and the lord or steward is to indorse on the deed a memorandum of such entry. (Sec. 51.) If the protector does not consent by deed, the consent is to be given to the person taking the surrender; and if the surrender be out of court, the conAs to equitable estates.-Where the custom of a sent is to be stated in the memorandum of the manor prescribes any particular mode of barring surrender, and the memorandum signed by the proentails, that mode should be adopted in barring an tector, and the lord or his steward to enter the equitable, as would be necessary to bar a legal memorandum on the rolls, and it is to be evidence estate tail. If, therefore, the custom be that the of the consent and surrender; but if the surrender should be suffered in the manor court of the equit- consent on the rolls, with a statement of the entail should be barred by recovery, a recovery be in court, the lord or steward is to enter the tive to freehold property; and although an equitable dence, as any other entry or copy. (Sec. 52.) An able estate in the copyholds analogous to that rela- consent, and such entry, or a copy, is to be evitenant in tail of copyholds may have transferred his equitable tenant in tail of copyholds may dispose of equitable interest to a mortgagee, he may, neverthe- them under the Act, or by deed to be entered on less, alone suffer an equitable recovery. (Nouaille the rolls; and if the protector consent by a sepav. Greenwood, 1 Turn. 26.) In the absence of a rate deed, it must be executed previously to, or custom to bar the entail by a recovery, an equitable simultaneously with the disposition, and is to be estate, like a legal one, may be barred by a surrender entered on the rolls. Such entries are imperative only. (Radford v. Wilson, 3 Atk. 815.) And on the lord, or his steward, who is to indorse on where an equitable entail may be so barred, it seems the deeds a memorandum of them; and the deed of that a court of equity would deem a surrender of disposition will be void against subsequent pur

JOURNAL OF PROPERTY.

A PRACTICAL COMMENTARY

ON

THE LAW OF CONTRACTS RELATING
TO REAL PROPERTY.
By WILLIAM HUGHES, Esq. Barrister-at-Law.
(Continued from page 94.)

particular manner, the terms of such surrender | East, 185.) Some contrariety of opinion appears
must have been complied with; consequently, if a to have existed, as to whether a surrender of after.
copyholder had surrendered to such uses as he purchased copyholds to the uses of a pre-existing
should appoint by will attested by three wit- will, would have been sufficient to pass them.
nesses, and such will had been unattested, This it seems it would have done whenever the will
or attested by a lesser number of witnesses contained sufficient general descriptive terms to
than three, nothing could have passed under embrace them, and the surrender was made to uses
it. (Godwyn v. Kilsha, Ambl. 684.) And where already declared, or to be declared; the surrender
by the custom of a manor any particular form was being, in fact, a republication of the will. (Dean
required, such form must have been complied with. dem. Harris v. Cutler, cited Cow. 131; Heylyn v.
Thus in Hodson v. Merest (9 Pr. 566), where Heylyn, Cow. 130; Lofft, 604; Attorney-General
by the custom of the manor lands could not v. Vigor, 8 Ves. 286.) But if, on the other hand,
have been transferred but by bargain and sale the surrender was made to a future appointment,
and admittance, nor devised unless by a convey-as to such uses as the surrenderor shall by will
ance, and declaring the uses of the will; it was appoint, the after-purchased lands would not have
held, on a suit by the daughters and heiresses of the passed by a will made previously, as no such is.
devisee, claiming under the heir-at-law of the tes- tention would have been inferred where the surren-
tator, who had been admitted, that the formalities der was made to the use of a will to be made at
had not been observed by the testator in conveying some future time. (Warde v. Warde, Amb.
to the uses of his will, and that therefore the copy- 299; see also Spring v. Biles, 1 T. R. 435,
holds, or what was called tenant-right lauds did n. f.) Still, for all this, a surrender, although
not pass by the devise. And where the customs of made to a future appointment, will be ineffec-
a manor did not require a surrender to the use of a tual as to subsequently-acquired copyholds; it
will, such will must have been attested by three will nevertheless be effectual as to such as the sur-
witnesses (Hussey v. Grills, Ambl. 299; Willan v. renderor was possessed of at the time of making
Lancaster, 3 Russ. 108); and this rule will apply to his will. This distinction was adopted in the case
the equitable as well as to the legal estate, where there of Spring v. Biles (1 T. R. 435, n. f.), where it
is no custom to surrender to the use of the will. was held that although copyholds purchased subse
(Ib.) But where there is a custom to surrender to quently to the date of he will did not pass under a
the use of a will, the cestui que trust may, by the surrender to such uses as the testator by his last
same kind of instrument dispose of the trust estate will and testament should appoint, yet that the
as if he had the legal estate in him. (Davie v. copyholds of which he was seised at the time of
Beardsham, 1 Cha. Cas. 39; S. C. 3 Cha. Rep. 4; making his will did pass by such surrender. And
2 Freem. 157; 9 Mod. 75; 1 T. R. 601-2; where a surrender is made to a future appointment,
Greenhill v. Greenhill, 2 Vern. 680; Ardesorife v. such appointment may be made by will without any
Bennett, 2 Dick. 465; Hawkins v. Leigh, 1 Atk. fresh surrender to the use of that will. (Cuthbert
387; Macey v. Shurmer, ib. 389; Tufnell v. Page, v. Lempriere, 3 Mau. & Selw. 158, n. a.) An equity
2 Atk. 37; Car v. Ellison, 3 ib. 75; Allen v. of redemption until the mortgagee was admitted
Poulton, 1 Ves. 121; Attorney-General v. An- could not have passed by an unsurrendered will,
drews, 1 Ves. Sen. 225; Gibson v. Montford because until the admission of the mortgagee the
(Lord) ib. 225.)
lands were as much the subject of the surrender as
they were before the mortgage. (Floyd v. Al-
rige, 5 East, 137, cited; Doe dem. Shewen v.
Wroot, 5 East, 138; Kenebal v. Scrafton, 8 Ves.
30; Perry v. Whitehead, 6 ib. 544; Wainwright
v. Elwell, 1 Mad. 627.) But after the admittance
of the mortgagee, the mortgagor having a mere
trust estate, might have devised the same by an un-
surrendered will. (Macnamara v. Jones, 1 Bro.
C. C. 481; King v. King, 3 P. Wms. 360; Strud-
wicke v. Strudwicke, ib. n. 1, Cox edit.; Greenhill
v. Greenhill, Gilb. Eq. Rep. 79; Brent v. Best,
1 Vern. 69; see also Martin v. Moulin, 2 Bur.
979.) Nor would the accession of the legal fee
have effected the equitable estate previously devised.
(Wat. Cop. 124, 125.)

chasers, unless it be so entered. (Sec. 53.) But in
no case where any disposition of copyholds by a
tenant in tail under this Act shall be effected by
surrender, or by deed, shall the surrender, or a me-
morandum, or a copy thereof, or the deed of dis-
position, or the deed, if any, by which the protector
shall consent to the disposition require enrolment,
otherwise than by entry on the court rolls. (Sec.
54.)
Estates tail of bankrupt copyholders, how
barred.-By the 12th section of the stat. 21, Jac.
1. c. 19, and which was held to include copyholds,
the bargain and sale of the commissioners was a bar
to the issue and remainders over of a bankrupt copy-
holder's entailed copyhold estate. This statute,
together with all then existing statutes relating to
bankrupts, was repealed by the statute 6 Geo. 4,
c. 19, by the 65th section of which the com-
missioners were empowered and directed to
bar such estates tail by deed indented and in-
rolled in any of his Majesty's courts of record.
This last-mentioned Act is, however, repealed
by the Fine and the Recovery Substitution Act
(3 & 4 Wm. 4, c. 74, s. 55), so far as relates to
the estates tail of bankrupts, but not so as to affect
the lands of any bankrupts so adjudged under any
commission or fiat issued previously to the 31st of
December, 1833. It then proceeds to empower
any commissioner acting in the execution of any
fiat which shall be issued after the said 31st of
December, 1838, by deed to dispose of the lands
of a bankrupt tenant in tail to a purchaser, and to
create by such disposition as large an estate in the
lands disposed of as the actual tenant in tail, if he
had not become a bankrupt, could have done.
(Sections 56, 57, 58.) And every deed by which
any such commissioner as aforesaid shall dispose of
lands held by copy of court-roll, shall be entered
on the court-rolls of the manor of which the lands
may be parcel; and if there shall be a protector who
shall consent to the disposition of such lands held by
copy of court-roll, and he shall give his consent by a Operation and effect of the surrender to will.-
distinct deed, the consent shall be void unless the By the general law of copyholds, a surrender to the
deed of consent be executed by the protector, either uses of a will was essential to its testamentary
on or at any time before the day on which the deed operation (Murrell v. Smith, 4 Co. 24, n. b.; Co.
of disposition shall be executed by the commissioner, Cop. s. 36, Tr. 83; Wat. Cop. 122); and Lord
and such deed of consent shall be entered on the Thurlow is reported to have said, that it would seem
court-rolls; and it shall imperative on the lord of that a custom denying a copyholder the privilege of
every manor of which any lands disposed of under surrendering to the uses of his will, could not be
this Act by any such commissioners as aforesaid, supported. (Pike v. White, 3 Bro. C. C. 287)
may be a parcel, or the steward of such lord, or the It has, however, been doubted whether Lord
deputy of such steward, to enter on the court-rolls Thurlow ever laid down so general a proposition
of the manor every deed required by this present as this. (See Eden & Bell's edition, 286, 288;
clause to be entered on the court-rolls, and he shall 1 Evans' Statutes, 450; Mr. Coventry's note
indorse on every deed so entered a memorandum, to Wat. Cop. 121; and Scriv. Cop. 264, n. e.) And
signed by him, testifying an entry of the same on the prevailing opinion seems to be that a custom
the court-rolls. (Sec. 59.) And all acts and deeds restraining a copyholder from surrendering to the
done and executed by a bankrupt tenant in tail use of his will, would not be absolutely bad. It ap-
affecting the entailed lands, and which, if he had pears also that there are some customary estates
been seised in fee, would have been void against his (chiefly in the north of England) that can only be
assignees and persons claiming under them, will be devised through the medium of a deed of trust, and
equally void against any disposition made by such which, in some instances, must be renewed annually,
commissioner under this Act. (Sec. 63.) This dis- or after certain periodical intervals, so that if the
position of such commissioner will be equally valid, time of renewing them should be suffered to elapse,
although the bankrupt be dead at the time of mak- or the testator falls into a state of incapacity, the
ing such disposition. (Sec. 65.)
devise becomes inoperative. (1 Ev. Stat. 450.) Still
it seems clear that a surrender to the use of a will
will be good, though no instance can be found in
the records of the manor in which such a surrender
has been made; and even if a custom restraining a
surrender to will could be clearly shown, there must
yet be some mode of disposition by deed, as in the
case of customary freeholds, the want of of which a
court of equity would have supplied. (Church v.
Munday, 15 Ves. 396; and see Doe dem. Cook v.
Danvers, 7 East, 306.) A surrender, although
only to the uses of will, will operate as a
severance of an estate in joint tenancy, and a de-bridge Advertiser.
vise in pursuance of it will be good, although the
presentment of it be not made until after the sur-
renderor's death. (Constable's case, cited Co. Litt.
59; Porter v. Porter, Cro. Jac. 100; Allen
v. Nash, 1 Brownl. 127; S. C. Noy. 152; Benson
v. Scott, 3 Lev. 385; S.C. 4 Mod. 254; Gale v.
Gale, 2 Cox, 156; S.C. 2 Ves. 609; Vaughan v.
Atkins, 5 Bur. 2783; Edwards v. Champion, 8
L. T. 512, 513.) A surrender to will, however,
only related to such lands as the copyholder was
possessed of at the time of such surrender, and
would not therefore have passed as copyhold lands
subsequently acquired. (Frank v. Standish, Exch.
19 Dec. 1772; 1 Bro. C. C. 588, n.; Goodtitle dem.
Faulkner v. Morse, 3 T. R. 365; Morse v. Faulk-
ner, 1 Anstr. 11; Doe. dem Ibbott v. Cowling, 6
T. R. 63; Doe dem. Blacksell v. Tomkins, 11

v.

Of devises of copyholds.-Copyholds, although not rendered devisable by the statutes of wills (32 & 34 Hen. 8), and expressly excluded from the devising operation of the statute of frauds (29 Car. 2, c. 3, s. 12), were nevertheless devisable by will made in pursuance of the customs of the manors of which they were holden. If, therefore, the terms of the surrender were pursued, copyholds might have been devised not only by an unattested will (Semain Buls. 200; Wagstaff v. Wagstaff, 2 P. Wms. 258; Burkett v. Burkett, 2 Vern. 498; Roe dem. Gilham v. Heyhoe, 1 W. Black 1114; Tufnell v. Page, 2 Atk. 37; Att.-Gen v. Sawtell, ib. 497; Marlborough (Duke of) v. Godolphin, 2 Ves. 77; Henderson v. Farbridge, 3 Russ. 482; Att.Gen. v. Andrews, Ves. 225; Appleyard v. Wood, Sel. Cas. Temp. King. 42; Carey v. Askew, 3 Bro. C. C. 59; Doe dem. Cook v. Danvers, 7 East, 299; Noel v. Hoy, 5 Mad. 38), but, when warranted by the custom, a will by mere word of mouth would have been sufficient. (Co. Litt. 101, n.a.; Wat. Cop. 180; Roll. Abr. 614; Davenish v. Baines, 2 Eq. Ca. Abr. 43.) An instrument, also, which purported to be a deed, and upon stamps adapted to that kind of instrument, was held to be a sufficient declaration of the uses of surrender to will. (Habergham v. Vincent, 4 Bro. C. C. 353; 8. C. 2 Ves. 229.) When, however, the surrender prescribed that the will should be executed in any

(To be continued.)

A SPECULATIVE SALE.-On Thursday week the following unusual property was offered for pubic competition, at the Auction Mart, by Mr. Marsh:It was a judgment debt of 6,8231. 10s. against the Hon. Francis Henry Fitzhardinge Berkeley, M.P. for Bristol, at the suit of T. Q. H. Leroux, banker, the debt was tried at the Sussex Spring Assizes, at of Calais. The cause which led to the recovery of Lewes, in March, 1844, when the verdict was givea for the plaintiff, with interest thereon, at the rate of 41. per cent. per annum, from the 25th of May, 1844. The lot was unsold.-Globe.

DREADFUL DEPRECIATION OF LAND. - On Wednesday last Mr. Wentworth, of this town, sold by auction at Aylesbury, Buckinghamshire, the resi due of a close of land contiguous to the town, containing very little more than an acre. It was divided aggregate sum realised by the unfortunate owner, into lots-every lot was eagerly purchased, and the through the instrumentality of the auctioneer, amounted only to something less than 1,500l.-Cam

Public Sales.

By Messrs. HUMPHREYS and WALLEN, at the Mart. A freehold residence, 17, Clifton-st. Finsbury--500!. Freehold, copyhold, waterside and other premises in Fortstreet, Limehouse, in four lots, comprising a ship-repairing dock, known as Duke Shore Dock. Wharfs, yards, sture houses, White Hart public house, cooperage, and two resi dences-altogether 5,6107.

THE following scale of charges, reduced more than one-third, has been adopted for Advertisements of Estates for Sale, &c. exceeding 10 lines in length: For the first 70 words . For every succeeding 30 words. 18.

5s.

[ocr errors]
[blocks in formation]

871 87
86 857
87 874

9

hree per Cents. Consols

86 86

86

87

hree per Cents. Reduced....

85 85

853 85

ew Three-&-a-quarter per Cts

873 87

87

87

ong Annuities..

9 9

[blocks in formation]

ank Stock

189 189

idia Stock

190 191
242 240

191

[blocks in formation]
[ocr errors]

idia Bonds, 1,000!, dis.

xchequer Bills, 1,0007. pm...

FOREIGN.

நாதல்

2
1

223 224 223 22 33 33 33 34 108 109 1097 109

[blocks in formation]

Brown, B. linen draper, Bridgnorth, April 5. Trusts. J. Brown, warehouseman, Manchester, and J. Brown, blacksmith, Morville. Sol. Sparkes, Bridgnorth.-Cane, A. provision dealer, Oxford-st. March 30. Trusts. F. Meyer, oil merchant, Paradise-st. Lambeth, and W. S. Hall, tallow 242 merchant, Queen-st. Sol. Low, Chancery-lane.-George, R. plumber, Oakingham, March 3. Trusts. G. Cooper, chemist, Reading, and P. Palmer, glass cutter, St. Martin's-lane. Sols. Vines and Hobbs, Reading.-Gresley, J. wheelwright, Congerstone, May 6. Trust. W. Maides, broker, Market Bosworth. Sol. Craddock, Nuneaton.-Mash, W. grocer, Ipswich, April 9. Trusts. J. May, merchant, Ipswich, and C. Burton, grocer, same place. Sols. Burton and Sons, Ipswich. Nicholson, J. draper, Hampstead, March 26. Trust. R. Johnson, warehouseman, Watling-st. Sol. Robin19 20 son, Queen-st.-place.-Norman, B. ironmonger, Cheltenham, April 22. Trusts. R. Madeley, factor, Birmingham, and S. Onley, jun. surveyor, Cheltenham. Sol. Bell, Cheltenham.-Pratt, J. grocer, West Derby, April 13. Trusts. J. Jackson, gent. West Derby, and T. Yates, builder, Liverpool. Sol. Hime, Liverpool.-Wescott, H. M'K. smith, Plymouth, March 27. Trust. W. M. Rickard, accountant, Stoke Damarel. Sols. Lockyer, Plymouth, and Bulteel, Plymouth.-Worsfold, W. linen draper, Putney, April 1. Trusts. J. B. Walker, warehouseman, Friday-st. and S. Worsfold, spinster, Dover. Sols. Heather and Moger, Paternoster-row.

Danish Five per Cents..

221 22

anish Three per Cents.

33 33

ussian

eruvian.....

Ortuguese

[blocks in formation]

exican

20 20 192

the se

Deferred

itch Two-and-a-Half per

Cents...

anish

578 571 571 574 574 573
87% 87% 88 88 881
82 83 82}

51

82 821
91

Four per Cents.

lombian..

pilian Penos Ayres

The azilian.......

[merged small][ocr errors][ocr errors][merged small]

GAZETTES.

AMOUNT OF DIVIDENDS DECLARED.

82 83

he sum stated as the Dividend means so much declared in
The Assignees, when chosen, follow this
the Pound.
statement.

Monday, May 3.
Butcher, R. jun. painter, assignees, June 7.- Denyer, W.
umber, last exam, passed.-Sour, G. A. glass cutter, last
tam. June 17.

Tuesday, May 4.

Bradley, S. corn factor, last exam. June 8.-Burt, W. oarding-house keeper, div. next week. Cannan, London. -Buttifant, T. S. haberdasher, last exam. passed.-Cooke, stonemason, div. next week. Cannan, London.-King, I. victualler, last exam. passed.-Morris, J. C. cabinet aker, div. next week. Cannan, London.-Robinson, J. S. pholsterer, last exam. June 2.

Wednesday, May 5.

Andrew and Co. nail warehousemen, div. next week.Harris, J. Q. hat maker, div. next week. Bell, London.Slough, J. baker, last exam. passed.- Wood, G. musical instrument maker, div. next week. Johnson, London.

Thursday, May 6.

Chandler, B. ironmonger, div. next week. Graham,
London.-Stirton, J. A. grocer, div. next week. Graham,
London.-Teil and Ronald, merchants, last exam. June 16.
Graham,
-White, G. E. tailor, div, next week. Graham, London.-
Wood and Co. carpenters, div. next week.
London.

Friday, May 7.

Birmingham and Boston Railway Company, last exam. passed.-Boddington, J. corn dealer, final div. next week. Green, London.-Bond, W. victualler, last exam passed.Claridge, F. wine merchant, last exam. passed.-Cooper, W. hardwareman, final div. next week. Green. London.-Gam

next week.

mage and Co. cheesemongers, jt. div. and sep. div. of Mott, Green, London. - Hutchison, J. wine merchant, last exam. passed.-Parnall, W. clothier, div. next week. Cannan, London.-Pritchett and Co. glove manufacturers, final jt. and sep. divs. next week. Green, London.Taylor, E. A. victualler, last exam. passed.- Tipper and Co. paper manufacturers, last exam. June 8.

Saturday, May 8.

Bancks, W. C. builder, last exam. sine die.-Gass, J. draper, div. next week, Follett, London.-Howell, H. draper, last exam. passed.-Llewellyn, J. H. surgeon, last exam. C. wine merchant, last exam. June 11, June 18.-Procter, div. next week, Follett, London.

DIVIDENDS.
Bankrupts' Estates.

Official Assignees are given, to whom apply for the

Dividends.

Bankrupts.

DATE OF FIAT AND PETITIONING CREDITORS' NAMES.
Gazette, May 7.
ANDREW, WILLIAM, livery-stable keeper, Plough Livery
Stables, Duval's-lane, Hornsey-road, May 13, at half-past
two, June 17, at one. Basinghall-st. Com. Evans; John-
Date of fiat, May 4.
son, off. ass; Neal, King-st. sol.
M. and T. Love, corn dealers, High-st. Stoke Newington,
pet. crs.
BRADBURY, GEORGE THOMAS, cotton spinner, Bank-mill,
Ashton-under-Lyne, May 21 and June 10, at eleven, Man-
Date of
chester; Hobson. off. ass.; Abbott, Charlotte-st. Bedford-
square, and Atkinson and Co. Manchester, sols.
fiat, April 28. J. A. Armstrong, cotton merchant, Man-
chester, pet. cr.

18, at two, June 18, at twelve, Basinghall-st. Com. Hol-
BURBIDGE, GEORGE, auctioneer, 2, Moorgate-st. City, May
royd; Groom, of. ass.; Lawrence and Plews, Old Jewry-
P. Simmons, sta-
chambers, sols. Date of fiat, May 6.
tioner, 34, St. Mary-axe, pet. cr.
BURTON, WILLIAM, joiner and builder, Bradford, Yorkshire,
May 18 and July 1, at ten, Leeds, Com. West; Hope. off.
ass.; Nethersole, New-inn, Foster, Bradford, and Harle
and Clarke, Leeds, sols. Date of fiat, April 30. Bank-
rupt's own petition.

BUTTERWORTH, JAMES, cotton manufacturer, and currier,
and leather cutter, Rochdale, Lancashire, May 21 and June
10, at twelve, Manchester; Hobson, off. asss.; Cragg and
Jeyes, Bedford-row, and Hunt, Rochdale, sols. Date of
fiat, May 3. Bankrupt's own petition.
COGAN, ROBERT, glass, lead, and colour merchant, 48,
Leicester-square, May 15, at half-past twelve, June 12, at
twelve, Basinghall-st. Com. Goulburn; Follett, off. ass. ;
Date of fiat, April 39. G.
Richardson, Moorgate-st. sol.

Ward, gent. 35, Tavistock-st. Covent-garden, pet. cr.
DUDDELLE, FREDERICK, hair-dresser and perfumer, Union-
st. Ryde, Isle of Wight, May 14, at two, June 19, at one,
Basinghall-st. Com. Goulburn; Green, off. ass.; Horsley,
Staple-inn, sol. Date of fiat, May 4. Bankrupt's own
petition.

FUGLER, WILLIAM, Manchester warehouseman, 10, Law-
rence-lane, Cheapside, May 14, at half-past eleven, June
18, at eleven, Basinghall-st. Com. Fane; Cannan off. ass.;
Cox, Pinner's-hall, sol. Date of fiat, May 3. Bankrupt's
own petition.

GROOM, SAMUEL, auctioneer, Whitchurch, Shropshire, May
18 and June 19, at eleven, Birmingham, Com. Balguy;
Whitmore, off. ass.; Hodgson, Birmingham, sol. Date of
fiat, April 30. Bankrupt's own petition.
May 21 and June 18, at eleven, Nottingham, Com. Balguy;
HAWKINS, JABEZ, currier and leather dealer, Nottingham,
Bittleston, off. ass.; Bowley, Nottingham, sol. Date of
fiat, April 30. Bankrupt's own petition.
HOARE, FRANCIS BUCHANAN, printer and publisher, Lin-
coln's-inn-fields, May 14, at eleven, June 24, at two,
Basinghall-st. Com. Evans, Johnson, off. ass.; Sewell,
Date of fiat, April 28. J. Hodge,
Gray's-inn-square sol.
T. Spalding, and J. Hodge, jun. stationers, Drury-lane,
pet.crs.

June 23, at one. Basinghall-st. Com. Evans; Bell. off.
ass.; Heather, Paternoster-row, sol. Date of fiat, May 1.
J. and J. Comfort, wholesale drapers, Wood-st. pet. crs.
18, at one, Basinghall-st. Com. Fonblanque; Belcher, off.
Date of
LAXTON, JOHN, linen draper, Hertford, May 14 and June
ass.; Heather and Co. Paternoster-row, sols.
Fiat, May 4. J. Bailes, warehouseman, pet. cr.
MELLOR, EDWARD, stone mason and builder, Ashton-
under-Lyne, May 19 and June 9, at eleven, Manchester,
Pott, off. ass.; Reed and Co. Friday-st. and Sale and Co.
Manchester, sols. Date of fiat, May 4. T. Leigh, draper,
Ashton-under-Lyne, pet. cr.

Barwise, J. house decorator, third, 1s. 7d. Cannan, London.-Bottle. W. grocer, first, 2s. 6d. Groom, London.-JONES, RAY JOSEPH, tailor, Basingstoke, May 19, at two, Burton and Burton, spinners, first jt. 2s. 4d. Hobson, Manchester.-Cowper and Co. linen drapers, first jt. 78. first and final, W. F. Cowper, 20s. and first and B. F. C. 16s. 3d. Baker, Newcastle-Cuthbert and Co. wine merchants, 04d. Follett, London.-Fitzhugh and Co. merchants, sep. F. Morgan, Liverpool.-Gale and Gale, rope manu78. 6d. Follett, London.-Goodale, M. builder, facturers, jt. 24d. Whitmore, London.-Goodwin, G. mersecond, 1s. 74d. Young, Leeds.-Groves, W. grocer, final, chant, final, 2 d. Green, London.-Jarvis and Jarvis, wine merchants, 94d. Green, London.-Jones, E. sen. pasteboard first jt. 18. manufacturer, second, 14d. Whitmore, London.-Longbottom and Co. wool merchants, first jt. 28. sep. L. 28. 10d. Hobson, Manchester.-Macdonald and Macqueen, merchants, gd. Follett, London.-Newby, R. G. saddler, first 1s. 3d. London.-Ufford, J. G. brewer, 1s. 6d. Follett, Cannan, London:-Wilkinson, J. wharfinger, first, 2s. Baker, New

[blocks in formation]

Surrey, May 17, at twelve, June 14, at half-past twelve,
RILEY, JAMES, cheesemonger, Mount-place, Walworth,
Com. Shepherd; Graham, off. ass.; Stevens and Co.
Queen-st. Cheapside, sols. Date of fiat, May 5. J. Baseley
and G. Parry, cheesemongers, 87, Holborn-hill, pet. crs.
RUMSEY, JAMES, drysalter, share and general commission
agent, May 14, at half-past twelve, June 18, at one, Ba-
singhall-st. Com. Fane; Whitmore, off. ass. ; Skinner,
Barnard's-inn, sol. Date of fiat, May 5. Bankrupt's own
petition.

twelve, June 10, at eleven, Manchester, Hobson, off. ass.;
RYMER, RICHARD, hotel keeper, Manchester, May 19, at
Johnson and Co. Temple, and Messrs. Wood, Manches-
ter, sols. Date of fiat, May 5. T. Patchett, distiller,
pet. cr.
SANSOM JOHN, surgeon and apothecary, Fordingbridge,
Hampshire, May 17, at half-past eleven, June 14, at
twelve, Basinghall-st. Com. Shepherd; Turquand, off.

ass.; Knight, Basinghall-st. sol. Date of fiat, May 3.
Bankrupt's own petition.

May 18, at half-past two, June 18, at one, Basinghall-st.
SHEA, JOHN, woollen warehouseman, Aldermanbury, City,
Com. Holroyd; Edwards, off. ass.; Wilson, Alderman-
bury, sol. Date of fiat, May 6. Bankrupt's own petition.
shire, May 20 and June 17, at eleven, Birmingham, Com.
SWIFT, EDWARD, sadlers' ironmonger, Wallsall, Stafford-
Daniell; Valpy, off. ass.; Thomas, Walsall, Smith, Bir-
mingham, and Rickards and Walker, Lincoln's Inn-
fields, sols. Date of fiat, May 3. M. Cozens, currier,
Walsall, pet. cr.

sq. May 19 and June 2, at half-past twelve, Basinghall-st..
TATE, JAMES, hoot and shoe maker, Holles-st. Cavendish-
Com. Evans; Bell. off. ass.; Burder, Bloomsbury-sq. sol.
Date of fiat, May 6. Bankrupt's own petition.
rd. Woolwich, May 18 and June 18, at eleven, Basing-
TIMPSON, HENRY CLARE, surgeon, 4, Albion-ter. Albion-
hall-st. Com. Holroyd; Groom, off. ass.; Hughes, Cha-
pel-st. Bedford-row, and Pearce, Woolwich, sols. Date
of fiat, May 3, Bankrupt's own petition.

June 19, at twelve, Birmingham, Com. Balguy; Valpy,
Date of fiat, April
TYLER, JAMES, hop merchant, Worcester, May 18 and
off. ass.; Peachey, Salisbury-sq. sol.
19. H. Mayer, hop merchant, Wellington-st. Southwark,
pet. cr.
May 18, at one, June 15, at half-past eleven, Basing-hall-
WATKINS, Jonx, licensed victualler, Wandsworth-rd.
st. Com. Holroyd; Edward, off. ass.; Shoubridge and
Date of fiat, April 30.
Bramley, Bedford-row, sols.

W. Harman and R. Pearson, distillers, Red Cross-st. pet. crs.

Gazette, May 11. BATES JOSEPH, share broker and share jobber, Leeds, May 25 and July 1, at ten, Leeds, Com. West; Kynaston, off. ass; Sharpe and Co. Bedford-row, and Priest, Leeds, Bankrupt's own petition. sols. Date of fiat, May 1. ELLIOTT, JOHN DYMOKE, chemist and druggest, Hemingford-place, Barnsbury-road, Islington, May 18, at one, June 12, at half-past twelve, Basinghall-street, Com. Goulburn; Follett, off. ass.; Jenkinson and Co. LomW. Kidson, Date of fiat, May 1. bard-street, sols. medical shop fitter, 1, North-st. Sidney-st. Mile-end, Oldtown, pet. cr. HEATHCOTE, ROBERT, omnibus proprietor and horse dealer, 2, Clapham-common, May 26, at two, June 24, at halfpast one, Basir ghall-street, Com. Evans; Bell, off. ass. ; Dolman, Jermyn-st. St. James's, sol. Date of fiat, May 5. F. W. Watkins, gent. 47, Doughty-st. pet. cr. KING, HENRY, furniture dealer, cabinet maker, and broker, Yorkshire-st. Oldham, May 21, and June 15, at eleven, Manchester; Fraser, off. ass.; Spinks, Gt. James-st. and Cobbett, Manchester, sols. Date of fiat, April 30. Bankrupt's own petition.

LEVERS, THOMAS, cooper, Charlestown, Cornwall, May 26 and June 16, at eleven, Exeter, Com. Bere; Hernaman, off. ass.; Guillaume, Bucklersbury, and Turner, Exeter, sols. Date of fiat, April 24. W. E. H. Guilaume, merchant, Botley, Southampton, pet. cr.

MAY, EDWARD, ironmonger, 66 and 67, Oxford-st. May 24,
at half-past twelve, June 24, at eleven, Basighall-st. Čom.
Shepherd; Turquand, off. ass.; Fisher, Verulam-build-
ings, sol. Date of fiat, May 6. H. E. Hoole, merchant,
Sheffield, pet. cr.

PEARL, JAMES WILLSON, horse dealer, Milton-st. Dorset-
square, May 18, and June 22, at one, Basinghall-st. Com.
Fonblanque; Pennell, off. ass.; Robinson, Orchard-st.
Date of fiat, May 8. W. Russell, far-
Portman-sq. sol.

mer, Little Stanmore, pet. cr.
REED, ROBERT, common brewer and maltster, Bishop
Middleham, Durham, May 19, at half-past ten, June 22,
at one, Newcastle, Com. Ellison; Baker, off. ass.; Thomp-
son, Durham; Hoyle, Newcastle; and Crosby and
Crompton, Church-court, Old Jewry, sols. Date of fiat,
April 30. J. Thwaites, inn-keeper, Durham, pet. cr.
Eldon-st. Finsbury, May 22, at two, July 3, at eleven,
Basinghall-st. Com. Goulburn; Green, off. ass.; Fry and
W. Marshall
REYNOLDS, WILLIAM, bookbinder and bookseller, No. 6,
Co. Cheapside, sols. Date of fiat, May 8.
and W. and F. Tegg, wholesale booksellers, Pancras-lane,
pet.crs.
SYRED, DANIEL, market gardener, Bloomfield-road, Pad-
dington, but now of Whitecross-st. Prison, May 18, at
half-past twelve, June 22, at twelve, Basinghall st. Com.
Fonblanque; Pennell, off. ass.; Holmes and Co. Great
James-st. sols. Date of fiat, May 3. Bankrupt's own
petition.

THUELL, JOHN, and JEFFERY, WILLIAM, woollen manu-
facturers, Buckfastleigh, Devonshire, the said J. Thuell
also carrying on business as a tanner at Broadhempstone,
on his separate account, May 27, at one, June 23, at
eleven, Exeter, Com. Bere; Hirtzell, off. ass.; Rhodes
and Lane, Chancery-lane, and Stogdon, Exeter, scls. Date
of fiat, May 8. Bankrupt's own petition.
June 15, at twelve, Liverpool, Com. Ludlow; Turner, off.
ass.; Holme and Co. New-inn, and Booker, Liverpool,
TROTMAN, SIMON LEE, merchant, Liverpool, May 21 and
sols. Date of fiat, May 5. Bankrupt's own petition.
son-st. Finsbury, May 25, at eleven, June 22, at twelve,
Basinghall-st. Com. Holroyd; Groom, off. ass.; Brown,
WATSON, HARRIS, stove-grate manufacturer, No. 19, Wil-
Finsbury-place, Finsbury-sq. sol. Date of fiat, May 10.
J. Harris, timber merchant, Earl-st. Finsbury, pet. cr.
WERB, THOMAS GEORGE, lace, rouche, and artificial flower
manufacturer, Wood-street, Cheapside, May 18, at half-
past eleven, June 22, at eleven, Basinghall-st. Com. Fane;
Cannan, off. ass.; Lambert, Raymond's-buildings, sol.
Date of fiat, May 10. T. Finlay, gent. Cambridge-terrace,
Paddington, pet. cr.

Meetings at Basinghall-street.
Gazette, May 7.

Axford, E. milliner and dressmaker, 85, St. John's-woodterrace, May 28, at half-past one, div.-Barnard, W. R. upholsterer, Midhurst, May 28, at half-past one, aud.Champness, F. draper, Bishop's-rd. Paddington, May 28, May 28, at one, aud.-De Wilde, F. A. cabinet ironmonger, brass manufacturer, and window blind maker, 71, 72, and 73, at half-past twelve, aud.-Clarke, J. painter, Great Castle-st. Wells-st. Oxford-st. May 28, at half-past eleven, fin. div.Dunn, J. C. brewer, Chatteris, May 31, at twelve, aud.Fitzgerald, H. coal merchant, Bond-st. Lambeth, May 31, at eleven, aud.-Gilbert, M. inkeeper and coach proprietor, Blossoms-inn, Lawrence-lane, City, May 28, at eleven, fin.

« PreviousContinue »