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But I take a still stronger ground against the
principle involved in the charge in question. I
contend that an attorney, as such, is unknown
in the County Courts Act. There is no such per-
son as "the attorney in the cause;" and an attor-
ney merely sending his clerk to enter the plaint,
does not in the slightest degree alter the case. He is
the mere agent, for the time, of the plaintiff for that
purpose only, and that, too, without fee or reward.
It must not be forgotten that the only time an at-
torney can be recognised by the Court is on the hear-
ing of the cause, and then only as a mere advocate by
its leave and license.

but the last-named High Bailiff has still the same re-fee, which may be considered as a remuneration for
sponsibilities. Then by the 46th Rule of Practice, the responsibility he incurs. In the County Courts,
the High Bailiff is required, eight days before the day you are aware, one fee only is allowed, and that upon
of holding the Court, to deliver to the Clerk of the the hearing of the case.
Court a list of all summonses to appear which shall
have been served." Is there any thing in this to jus-
tify the practice contended for by your correspondent?
A word about sec. 42, which gives the one shilling
fee your correspondent has an eye to. We find it
provided that the affidavit may be sworn before the
Judge of the Court, or a Master in Chancery, or any
person authorised by law to take affidavits, but not a
syllable about the Clerk. And what authority has
he to order the Bailiff to swear the affidavit
before him? Attempts like these are not cal-
culated to cement that good understanding which
should exist between the Clerk and High Bailiff.
I have great satisfaction in bearing testimony to
the liberality of the Clerks here and in neigh-
bouring circuits. They have at once declined tak-
ing the fee for swearing affidavits, and I have not
yet met with one attorney who has charged it to me,
or heard of one who has, all appearing satisfied that
the High Bailiffs are inadequately paid.

While upon this subject I would call the attention of the Clerks and Bailiffs to the list of fees to which the High Bailiff is entitled :—

Serving every Summons, Order, or Subpoena,
within one mile of the Court-house..
If above one mile, then extra for every other
mile...

3d.
2d.

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A doubt having been suggested to me, whether the service of a subpoena, without allowing ten clear days between the service and return, would be regular, for the sake of certainty, I requested the learned Judge of this district to favour me with his opinion, which was, that a subpoena need only be served a reasonable time before the hearing; and upon my suggesting

whether the 14th Rule would not bear a different construction, he stated his opinion to be, that that Rule applied merely to the mode and not the time of service.

Irrespective, however, of the dictum of the learned Judge (for I did not press him for a decision), does it not seem inconsistent that a subpoena must be served ten clear days before the return of the summons? By Rule 15, should defendant pay money into Court five clear days before the return of the summons, it will suffice; and by Rules 17 and 19, should he wish to avail himself of the special defences therein enumerated, he must give notice thereof five clear days before the return of the summons. It is evident, therefore, that a plaintiff cannot know, until the expiration of the above period, whether he will proceed, or what evidence he will require; and should the case of Solomons v. Rutley be considered as deciding the point, I apprehend his only course will be, either to submit to a nonsuit, or move for an adjournment.

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LIABILITY OF ATTORNEY FOR FEES OF
COURT.

TO THE EDITOR OF THE LAW TIMES.

SIR,-I was much surprised on perusing the report of a case (Heron v. Bateson) in your valuable periodical of the 28th inst. to find that the opinion of the Judge appeared to be in favour of the moral liability of the advocate to the payment of the costs for the hearing of the case, and that in your editorial remarks you appear to take the same view. As the case is one of some importance, and as it appears to me there is not the slightest foundation for the claim, I shall trouble you with a few remarks on the subject.

Let us consider on what grounds the claim is attempted to be supported. You, Sir, seem to consider that because the rule is settled in the Superior Courts that the fees must be paid by the attorney, that therefore the same rule ought to apply in the County Courts. Even upon this ground I must beg leave to differ with you, as the cases are not analogous. In the Superior Courts the attorney, in nearly all cases of payments "out of pocket," is allowed a

If these facts are admitted, upon what ground can
the advocate who receives a very limited fee with his
brief or instructions, be called upon to pay or become
responsible for any fees of Court? As well might it
be argued that the Attorney-General should be called
upon to pay court fees upon any case argued by him,
where the attorney instructing him does not or is un-
able to pay.

I feel certain that if the respectable gentleman pre-
siding over the Court in question had considered the
real position in which an attorney stands with re-
ference to the cause he may be called upon to advo-
cate, he would have formed a different opinion;
and as the case is one of some importance as af-
fecting the liability of advocates in County Courts, or
at least what ought to be considered respectable prac-
tice, these few hasty remarks may not be considered
out of place.
I am, Sir, yours, &c.,
THOMAS TAYLOR.

27, Princess-street, Manchester,
August 31, 1847.

RIGHT OF ATTORNEY TO BE SUED IN
SUPERIOR COURT.

TO THE EDITOR OF THE LAW TIMES.

SIR, On the question which arose on the 23rd inst. at the Worcestershire County Court, whether an Attorney is compelled to sue, or is liable to be sued, Attorneys are comprised in the 67th sec. of the 9 & in the County Court; or, in other words, whether 10 Vict. c. 95, I beg to call your attention to Mr. Moseley's treatise on the law of these Courts, part 2, P. 143, wherein he says:-"It has been expressly decided that the privilege of Attorneys cannot be taken away even by an Act of Parliament, unless they are therein mentioned by express words," and refers to Welles v. Trahern, Willes's Reports, 240,

and several other cases.

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We are strongly inclined to think that clause 67
does not extinguish the right of Attorneys to be sued
in the Superior Courts. The privilege exists at com.
"is as old
mon law, and as Mr. Moseley observes,
as the Court itself." The case of Willes v. Tra-
herne, above cited, appears to us conclusive on the
point. We have little doubt that this exception was
not contemplated by the framers of the Act. The
language of the statute does not, we opine, deprive
Attorneys of their ancient privileges.-ED. LAW T.

THE CITY OF LONDON SMALL DEBTS ACT. There is a material difference in the provision of the Act about to be enforced in the city of London to 201. as compared with a section on the same subject in the Act constituting the County Courts (9 & 10 Vict. c. 95). Some complaints were made by professional men on the limits fixed to their remuneration by the 91st section of the County Courts Act, by which it was enacted that no attorney should have more than 10s. for his fees and costs, unless the debt or damage claimed were more than 51, or more than 15s. in any case within the summary jurisdiction of the Act; and in no case any fee exceeding 11. 3s. 6d. should be allowed for employing a barrister as counsel in the cause; and the expense of employing a barrister or an attorney, either by the plaintiff or defendant, should not be allowed on taxation of costs in the case of a plaintiff where less than 57. was recovered, or in the case of a defendant where less than 51. be claimed, or in any case unless by the order of the judge. In the Act for the city of London (10 & 11 Vict. c. 71-local), a part of the provision in the 9 & 10 Vict. c. 95, has been copied; and it would seem that under the Act costs are to be taxed. It is in the following words :-"And be it enacted that no person shall be entitled to appear for any other party to any proceeding in the court unless he be an attorney of one of her Majesty's Superior Courts of Record, or a barrister-at-law, instructed by such attorney in behalf of the party, or by leave of the judge; any other person allowed by the judge to appear instead of such party, but no barrister, attorney, or other person, except by leave of the judge, shall be entitled to be heard to argue any question as counsel for any other person in any proceeding in the

court; and no person not being an attorney admitted to one of her Majesty's Superior Courts of Record shall be entitled to have or recover any sum of money for appearing or acting on behalf of any other person in the court, and the judge shall have power, and he is hereby required, from time to time to settle and regu late the fees to be taken by barristers-at-law and attorneys practising in the court, and in what cases the expenses of employing barristers and attorneys shall be allowed on taxation of costs." By this provision a graduated scale of costs can be allowed, and an amendment to the same effect in the County Courts Act would remove the complaints which have been made by professional men.

LEGAL INTELLIGENCE.

THREATENING LETTERS.-Lord Denman in the course of the last Parliament, introduced a Bill to extend the law respecting threatening letters, or accusing persons of certain crimes. The Bill was passed in July, and under it persons can be impri soned or transported, In addition to imprisonment, they can be once, twice, or thrice publicly or pri vately whipped."

THE MEDICAL PROFESSION.-DUBLIN COLLEGE.-The following observations, equally important to the medical profession and to the independence of Trinity College, were suggested by Constantine J. Smith, esq. :-" In 1832 Mr. Blackburne, the then Attorney-General, and Mr. Crampton, the SolicitorGeneral, were of opinion that the "words higher degrees' in the Reform Act included those of Bachelors of Law and Physic; Mr. Bennett, Q.C. however, who acted as the Provost's assessor at the first election held after the Reform Act, decided differently. There are from three to four hundred medical graduates in the Dublin University, certainly two hundred of whom would at one election be available votes. We therefore trust at the ensuing contest their right to vote shall be again asserted. Those gentlemen who neglected to come forward in 1842 can again regain their rights by a payment of thirteen pounds, but cannot vote for six months after their replacement. Again we say, let some honest B. M. or should subscribe and try a mandamus in the Queen's LL.D. assert his right. If he fail, the Profession Bench, to place their names on the list of electors prescribed by the Act of Parliament. Let them remember Blackburne, Perrin, and Crampton, who, as lawyers, gave opinions in their favour, are now on that Bench.-Freeman's Journal.

CORRESPONDENCE.

RIGHT TO PREPARE A LEASE.

TO THE EDITOR OF THE LAW TIMES.

SIR,-In answer to your correspondent in the last number of the LAW TIMES, relative to the right of a lessee's attorney to prepare the lease when paid for by the lessee, I beg to say that, so far as my experience goes, the rule is quite the contrary, and I take it to be quite a settled rule in the Profession that the lessor's attorney has the right to prepare the lease, and that it must be paid for by the lessee. I think something may be found on this point in the LAW TIMES of December 27, 1845, No. 143, page 246, and referring to a case of Grissell v. Robinson, 3 B. N. C. of reports at hand to refer to at the present moment, 10; but as I have neither the paper nor the volume I cannot say what the case decides; I merely give the reference from some rough memoranda which I have just found amongst my papers.

I am, Sir, yours, &c. Liverpool, Aug. 23, 1847.

COUNTRY AGENCY.

C. H. H.

TO THE EDITOR OF THE LAW TIMES.

Sir, I reside in a populous northern country town, where I have been in practice for nearly 20 years, and hold some public appointments. Whether it be owing to these circumstances or not, I am unable to say; but the fact is, I have reason to believe that the greatest portion of professional agency business required to be transacted here, or in the neighbourhood, is sent to me by my professional brethren, as well from the metropolis as from other parts of the kingdom. This you will say ought to be very grati fying, and no doubt it would be so under ordinary circumstances; but the evil of which I have to complain (and you have often alluded to a similar thing) is the apathy or gross negligence, to say the least, of the gentlemen who so favour me, as in nine cases out of ten, I never receive a farthing either for my services or the disbursements I have to make. This is certainly not the case with others (unprofessional) of the community, who cheerfully remunerate for services rendered to them.

Regularly each half-year, or perhaps oftener in some cases, I send in my account, and respectfully ask for payment, either direct to me, or to my town agents; but no, the majority of my professional friends never think of replying, much less of paying,

although no doubt they take care in due course to get paid from their clients or others.

putes. It is difficult to imagine a case in which all rational improvements, so that the Profesthe present forms of pleadings are necessary sion may direct and modify the changes it This is a state of things which ought not longer to be; it is any thing but creditable to us as a body, to the intelligible statement of complaint and cannot avert. and if you can be instrumental in bringing about a defence. But it is argued by those who can change, you will do an essential service to the Pro-recognise no fault in aught which custom has fession at large. I am Sir, yours, &c. Aug. 28, 1847, A SUBSCRIBER.

[We fear our Correspondent's case is one for which we cannot secure a remedy. Forwarding of the particulars to the Law Institution, by exposing such meanness, may possibly be beneficial.-ED. L. T.]

THE LAW TIMES.

SATURDAY, SEPTEMBER 4, 1847.

COMING CHANGES.

ARRANGEMENTS OF THE COURTS. WE have more than once had occasion to objectionable arrangements of the Law Courts complain of the inconvenient, and otherwise of the city of London. At the last sitting of the Central Criminal Court the grand jury, at the conclusion of their duties, came into court expressly to call the attention of the learned Judge to the great want of accommodation for witnesses and others having business in that court, and the need there was for a remedy. Mr. Justice ERLE made a reply to the effect that he had no doubt the City authorities would take the matter into consideration, and do all in their power to remove the evil complained of. Nothing, however, has yet been done; nor until some steps be taken by the Profession or the public, or which would be better, by both united, in the form of direct interference, nothing will be done. So grave a matter is this justly considered, that one of the ablest of our contemporaries' (The Spectator) has taken it up, and powerfully set out the grounds upon which the present court is objectionable. Agreeing with every syllable he utters, we give place to the following extract :

66

The Central Criminal Court is filled daily. Those

made familiar, that without the technicalities would evade it for the very purpose of decepthe issue could never be raised, for parties tion. There is, however, an easy remedy for a mischief of this kind. Make the statement binding. If a plaintiff does not establish the cause of action he has stated, let him be nonsuited. If a defendant sets up a defence which is not an answer to the charge, let him be bound by his own defence, and not permitted to go into any other. If the plaint or the defence do not give to the other party the details to which he is entitled, let the Judge be empowered to order a minute statement of the GREAT changes, it has been said, impend particulars of such demand or defence, throwover the law and its administration. Much ing, in all cases, the cost of the application that has been threatened will never be per-upon the party who has neglected to give the formed; but much will be done that has other due information in the first instance. In all this what need is there for technicalities? been as yet scarcely mooted. "Forewarned, &c." is a proverb that cannot be too often in what of the two huge volumes of CHITTY? Is the memory of the Lawyers in these days of it possible to suggest a case that might not be change, that they may anticipate the good, and stated in a few plain words so as to be underprepare to resist the bad. For this purpose a stood by jury as well as by Judge? Let us review of the various alterations in the law take a few instances? You seek to recover a deemed to be already within sight may be debt. What more can be required than a neither uninteresting nor useless. copy of the bill? Or damages, say, for an assault, it would be sufficient to describe it as an action "for assaulting the plaintiff at A. on Aug. 1, 1847;" or for the recovery of land, that the plaintiff claims of the defendant, a close in the parish of A. called B. (describing its boundaries, and the occupier, and briefly stating the title under which he claims); or in trover, that defendant has in his possession certain chattels of the plaintiff (naming them) which he refuses to restore and so forth? And why should not a defendant state in a like brief and intelligible manner, his reason for not complying with the demand as in debt, that he never contracted the debt, or had paid it, or had a set off which he appends; or in assault, that he did not strike the plaintiff, or that he was justified in self-defence; or in ejectment, that the plaintiff's title is not as stated, or that defendant has a better title (setting it out briefly), or in trover, that the defendant is not possessed of the said chattels, or that he is legally entitled to keep them (as the case may be). And, so, where the law and not the fact is in dispute, why should not the defendant be permitted to say in a few words that even if the Incessantly are complaints made of these evils; and facts be as set out, the plaintiff is not, accord-periodically does some judge at the Central Criminal ing to law, entitled to recover; then upon this Court reply with a hope that "the Corporation" the argument may be taken, and if it be de- will look to it. The whole arrangement is disgracetermined that the defendant is wrong let him ful to all concerned-not omitting the judges and pay the costs to which he has put the plaintiff lawyers. All the public buildings of this country, with scarcely an exception, are unworthy of their obby his objection, but let the trial proceed upon jects, especially in size. The ancients, with far slenthe facts. derer resources, raised structures which put ours to shame. We, with immense population and proportionate need of space, with immense wealth and immense advance in the mechanism of the arts, are conhigh sense of art would instinctively dictate a style tent with public buildings, ugly, mean, and small. A

It has been said that the County Courts indicate the nature of some of these changes. They were a bold and large experiment, introducing many novel principles and practices into the administration of the law. It is manifest that such of them as may prove successful in the working will be applied to the procedure in the Superior Courts. Common sense will ask, for instance, why the parties should not be examined in a cause where 217. is in dispute as well as in one where the dispute is for 197. If it be a right course, and conducive to the ends of justice in the one case, it must needs be so in the other; if it be wrong in the first, it is unjustifiable in the second. But we merely offer this now as one instance out of many; it will be formally passed in review in

its order.

The first matter to which the attention of the reader is directed, is the Practice of Pleading; for that, an ominous precedent has been set by the County Courts. There the Science of Pleading has been set at naught as impudently as if it had never been styled the corner-stone of the law. And what has been the result? Is its absence deplored by Judge, Practitioner, or Suitor? Has justice been made more difficult of attainment? On the contrary, it is found that the substantial merits of a case are just as easily arrived at as they used to be after two or three years of pleading, and without the failures of right that resulted from technicalities. Nay, there are persons irreverent -enough to assert that the actual grounds of contention are more readily gathered from a statement and answer in twenty words of vernacular than from the twenty folios of formulæ of which the pleadings would have consisted had the same question come before the Superior Courts. Thus experience has, in this matter, confirmed the arguments of theorists. The science of pleading is doomed.

whom the law or the need of redress obliges to fill it are not classified according to their condition, but according to the arbitrary distinctions of a court, into prisoners, judges, barristers, jury, witnesses, and The unventilated atmosphere is fetid with vicious public:" they are separated merely into penfolds. squalor. The prosecutors and witnesses have no proper place of retreat, but must sit in court, or wait in the lobbies. Thus the refined and the brutal, the innocent and the depraved, are huddled together: decent matrons are squeezed between policemen and ragamuffins; modest girls are jostled by the boon companions of the prisoner, indecently swaggering in to "speak to character." It is filthy. So long as you may be "wanted," you must sit in court and hear all that goes on, however tedious, however disgusting, however improper for many ears around. The very arguments of counsel on the revolting cases with which the court is familiar d file the ears. The bodily fatigue incidental to attendance in the Central Criminal Court is no small evil: but physical suffering can be endured; it is the sight of the unstricken countenance of youth amid the base and brutal, in an atmosphere of vice and disease, within hearing of allusions so vile as to be sometimes harmless because unintelligible, but too often carefully made intelligible-it is the sight of innocence forced by "the majesty of law" into hideous contact with depravity, that is intolerable.

crime that we discover our mistake. This Central

The object of pleading must be borne in mind in all discussions upon it. The object is simply to inform the other party what he has to meet, and the Court what it has to try. Pleading was intended to facilitate the admimore befitting its objects; our instincts in that direcnistration of justice; but to the reproach of tion are not very sensitive; our trading spirit makes the law it has been perverted so as to become us pare down every thing public-except feasting-to a positive obstruction. It should be an aid to bare necessity; and it is only when we find justice suitors; it is a snare. The County Courts and innocence shut up in a reeking hole with vice and having proved practically that the art or Criminal Court ought not only to be larger than it is science (whichsoever it be termed) of pleading in the body of it, but ought to be surrounded by concan be dispensed with, and that its purpose, venient retiring-rooms for those who have to wait, which was information of the real grounds sufficiently spacious and numerous to obviate revoltof dispute, can be better attained by a few ing associations. The want of decency detracts from the boasted "majesty of the law;" and we wonwords in plain English, intelligible to plain der that the Bench and the Bar have so long been people, it is certain that it cannot much content to administer their high functions in places longer be maintained in the Superior Courts, which would turn the stomachs of their humblest and that an entire revolution will ere long be menials. wrought in it, either by the voluntary efforts of the Judges, with the co-operation of the Profession, or by the interposition of less cautious and less skilled reformers.

But not Pleading itself. That must exist in almost every imaginable tribunal beyond that of the justice in petty sessions. It is and ever will be necessary for a complainant to state the grounds of his complaint that the defendant may be informed what is the charge to be answered. It is necessary, also, that the defendant should make specific answer to the charge of the grounds upon which he refuses to comply with the demand, that the Court may be informed what is the precise issue to be tried. But no good reason can be assigned why this should not be done in a few words of Other impending changes will be considered plain English, after the manner in which, in in their turn. Our purpose is not only to the ordinary affairs of life, one man makes a prepare our readers for them, but to induce demand upon another which that other dis- them to take the initiative in the advocacy of

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The above remarks apply to nearly all the courts of law in this country. The ingenuity of our modern architects, indeed, has something surpassed that of the old; and recently-built courts are more commodious than they were formerly made. Here approbation must halt. Better ventilated, and regulated for equal temperature, they certainly are not; in these par

3. Practical Directions for Preparing the

Lis pendens.-The same office in the common the transaction, the matter may generally be ar should also be searched where there is any suspicion ranged in a satisfactory manner. that a suit is pending respecting the property; but unless a purchaser has express notice of such pending suit, he will not be bound by it until a memorandum or minute is left with the Senior Master of the Common Pleas, who is to enter such particulars in a book in alphabetical order. As there must be confine the search to that period. (2 & 3 Vict. c. 11, a re-entry every five years, it will be sufficient to

ticulars they can hardly be more defective.
As regards space, we fear the ill-judged eco-
nomy of Sessions in voting money for the
erection of court-houses has tended to pro-
duce that evil, since extent of accommodation
always must depend to a great extent upon the
funds allotted to provide it. We hope that
greater attention and liberality will be given
to this subject whenever new court-houses are
to be erected, and that where those at presents. 8.)
existing are found offensive and inconvenient,
the Profession and the public will unite their
endeavours to abate such intolerable evils.

SHAM LAWYERS.

ONE of this class, who deserve exposure, is Mr. JOHN WOOD, of Seabright-street, Hackney-road, London, whom we recommend to the notice of the Law Institution. The following is a specimen of his mode of doing business :

Mr. John Wood, 16, Seabright-street, Hackney-road, London. MADAM,—I am instructed by Mr. John Francklin, son of the late Mr. Isaac Francklin, to request that you will forward to me a true copy of the will of the late Mr. Isaac Francklin, and I will thank you to let me have the same by return of post immeaditly, (sic) and I will return you a Post Office order for whatever

you may pay for such copy being made, &c.

I remain, Madam, your obedient servant,
Mr. JOHN WOOD, Solicitor's Agent.

To Mrs. Elizabeth Francklin.
From J. Harvey Boys, Margate.
Monday afternoon, August 30, 1847.

Conveyance. When the title is approved of, and every doubt and difficulty cleared up, the next and conclusive step towards winding up the bargain is the preparaas may be necessary for completing the purchase. tion of the purchase-deed, and such other assurances This duty, as we have already seen, in the absence of Search in case of suspected insolvency or bank an express stipulation to the contrary, devolves upon ruptcy.-When the vendor has been in difficulties, the purchaser's solicitor (vol i. p. 38). When the it will be advisable to search the Insolvent Court; latter has prepared the draft, he should forward a and where a vendor was in trade, in case there was fair copy of it to the vendor's solicitor for his inany apprehension of his having committed an act of spection; and if the latter approves of the same, bankruptcy, it was usual to search the Bankruptcy the draft may then be engrossed. If any altera. Court for any affidavit of debts by creditors which tions or additions be made, it will then be for the might have been made the foundation of a commis- purchaser's solicitor to see how far they are material sion or fiat in bankruptcy; but now, as all bond to his client's interests; but whether so or not, no fide conveyances by a bankrupt previous to issuing alteration should be afterwards made, however a fiat against him are rendered valid, notwithstand- trivial such alterations may be, without acquainting ing a prior act of bankruptcy, unless the purchaser the other party therewith previously to the engrosshad notice of it (1 & 2 Vict. c. 4; see also vol. i. ment of the deed. 164, 165), and as the issuing a fiat is pretty certain to be known to all parties having any immediate transactions with the bankrupt, a search or inquiry of this nature is rarely made. Where, however, the vendor is a certificated bankrupt, and contracts to sell after-purchased property, it will be the duty of the purchaser's solicitor to see that the certificate of conformity has been duly enrolled. Registered documents.-Where the lands lie in a register county, the register offices should be searched, in order to see that there are no registered incumbrances, as also to ascertain that the titledeeds have been duly registered, and the terms of the Registry Act duly complied with; and, not

PRACTICE OF INSOLVENCY IN THE withstanding the practice may not be to register taken away by the still more recent enactment of

COUNTY COUTRS.

THE edition of the Law and Practice of Insolvency in the County Courts, by Mr. PATERSON, is printed, and, with the Forms adapted for the new Courts, will be ready on Wednesday, at the latest.

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JOURNAL OF PROPERTY.

ON

A PRACTICAL COMMENTARY
THE LAW OF CONTRACTS RELATING
TO REAL PROPERTY.

Annuities. Where the property is much involved and incumbered, it will be prudent to search for memorialized annuities; but if the lands are situated in a register county, it will be sufficient to confine the search to the registry office.

Copyholds. If the property is of a copyhold tenure, the court rolls should be inspected, in order to ascertain that none of the documents have been omitted in the abstract.

With respect to the mode of conveyance to be adopted, this will rest with the purchaser, who is the proper person to pay for and tender the conveyance, and therefore has the best right to select what mode of assurance he may think proper. In ancient days the most usual mode of conveyance was by feoffment with livery of seisin, which has, in fact, continued in use even down to the present time. This mode of conveyance was in many cases considered the most eligible, as its operation was to clear all disseisins; and until recently it turned all other estates into mere rights. This result was, however, destroyed by the recent statute 3 & 4 Wm. 4, c. 27. And now every tortious operation of a feoffment is wills, the purchaser has a right to insist upon this the 8 & 9 Vict. c. 106; so that feoffments having being done, and his solicitor should see that such now no greater effect than an ordinary innocent be done before he completes the purchase, as a bona mode of conveyance of the property, and the giving fide purchaser, without notice of the will, would, of livery of seisin being attended with inconve by registering his conveyance, be entitled to a pre-nience and expense, that mode of conveyance is ference to the devisee and all persons claiming under likely soon to grow out of use altogether. In fact, him. (Jolland v. Stainbridge, 7 Ves. 478.) after the Statute of Uses had introduced the modes of assurance by lease and release, and also by appointment, feoffments became more rarely used, except in the three following instances:-1. Where the conveyance was made by a corporation, and this from the erroneous supposition that as corporations could not be seised to the use of others, they could not convey under a deed operating under the Statute of By WILLIAM HUGHES, Esq. Barrister-at-Law. Uses, on which account the practice was to make (Continued from page 447.) them convey either by feoffment, or by a common Disentailing deeds and acknowledgments of mar- Indemnity against incumbrances.-If the incum-law lease to be perfected by entry, and a release ried women.-Where any disentailing deeds occur brances are of such a nature that the vendor is un- founded thereon. 2. To save the stamp-duty of in the title, it must be seen that they have been able to discharge them, the purchaser will, as we the lease for a year; but this the statute 55 Geo. 3, duly enrolled in pursuance of the Fine and Recovery have already seen (vol. i. p. 18), be entitled to c. 184, put a stop to, by charging the same stamp. Substitution Act, 3 & 4 Wm. 4, c. 74, and also annul the contract, and cannot be compelled to duty on a feoffment as if a lease for a year had been that the time of enrolment has not expired. And complete his purchase in consideration of any in- actually attached to it. 3. To acquire a tortious even where the time prescribed in the statute for demnity the vendor may think proper to offer him fee, which, as we have already seen, cannot now enrolment has not expired, the purchaser's solicitor (Farrer v. Nightingale, 2 Esp. N. P. C. 639; be done. should take care to see that this is done before the Barnwell v. Harris, 1 Taunt. 430; Hearne v. Release at common law.-Another mode of conconveyance is executed, and he should also ascer- Tomlins, Peake, N. P. C. 192; Hibbert v. Shee, veyance was by a release at common law, which tain by search that no previous assurance has been 1 Camp. N. P. C. 113; Duffell v. Wilson, ib. 401; may be classified under the five following heads, enrolled; and where any acknowledgments of mar- see also Stew. Abs. 346); neither, on the other viz.:-1. By way of enlargement; as where a ried women have been taken, he must ascertain that hand, can the purchaser hold the vendor to his bar- remainder-man releases to the particular tenant it was taken before the proper commissioners; for gain, and call upon him for such indemnity. (16.) in possession. 2. By way of passing an estate; the commissioners appointed under the Act have no Formerly, indeed, the rule seems to have been as where one coparcener, or joint tenant repower to act beyond the local limits of their respec- otherwise (Halsey v. Grant, 13 Ves. 73), and it leases to another coparcener or joint tenant. tive districts, so that an acknowledgment taken used to be referred to the Master to consider what 3. By way of passing a right; as where a diselsewhere would be wholly inoperative. It must the indemnity should be; but it now seems to be seisee releases to a disseisor. 4. By way of exlikewise be shewn that the acknowledging parties settled that a purchaser cannot be compelled to tinguishment; as if any tenant for life makes a were of full age,-a minor, though a married woman, accept a title with an indemnity, nor a vendor be greater estate than he is warranted in granting, and being under a disability to acknowledge a deed. called upon to give one. At the same time, if both I release to the grantee; or if the lord release to Crown debts.Where it is at all probable that parties are willing to enter into an agreement of this the tenant his seignorial rights. And 5. By way the vendor is an accountant to the Crown, a search kind, they are at perfect liberty to do so. This, of entry and feoffment; as where a disseisor reshould be made for Crown debts. This must be indeed, is a very common practice, where a person leases to one or two disseisees. (See Wat. Convey. made in the same office in the Common Pleas where buys a property subject to a mortgage, in which edited by Morley, Coote, and Coventry.) In orjudgments are to be searched for, and in which an case he is bound to indemnify the vendor against der, however, to give operation to a release, it was index is kept of all debtors and accountants to the the mortgage (see the form D. in the Appendix, absolutely necessary that the releasee should be Crown. (2 Vict. c. 11, s. 8.) This, however, only Div. II. No. 4, clause 8), although he agrees to in actual possession of the property; and hence relates to the Crown debts created or secured before purchase subject to it, and the agreement was alto- the modern practice sprung up of creating a term of the 4th of June, 1839. If, therefore, Crown debts years by way of bargain and sale under the Statute of may have been incurred previously, further inquiries Uses, which that statute executed into the actual should be made to ascertain whether such debts possession in the lessee without entry, who thereupon really exist or not. If such debts are found to exist, became capable of accepting a release of the prothe purchaser may now be exonerated therefrom by perty,-the two instruments forming, in point of paying the same into the Exchequer, under the fact, but one assurance; and though the bargain and provisions of the stat. 1 & 2 Geo. 4, c. 121, s. 10, sale purported to bear date before the release, both previously to which a purchaser would not have assurances were, in reality, executed at the same time, been safe, although his money was actually paid forming one conveyance under the general name of into the Exchequer, unless he had procured a lease and release. A few years s'nce, an Act was quietus to be entered up of record. passed for rendering a release as effectual for the

gether silent as to the matter of indemnity. (War-
ring v. Ward, 7 Ves. 357; Crofts v. Tritton,
4 Taunt. 360.) As to what indemnity should be
given or required, must necessarily be guided by
such a variety of circumstances, as to render it
scarcely possible to lay down any precise rules or
suggestions, as each individual case must entirely
depend upon its own individual circumstances,
although, generally speaking, if both vendor and
purchaser are equally willing to complete the con-
tract, and inclined to act honestly and liberally in

SEPT. 4.]

THE LAW TIMES.

Sept. 1, at half-past two, Oct. 2, at half-past eleven, Basinghall-st. Com. Fonblanque; Belcher, off. ass.: CLAYTON, GEORGE, auctioneer, Albany-rd. Camberwell, Lloyd, Milk-st. sol. Date of fiat, Aug. 23. Bankrupt's own petition.

CROSSE, WALTER, stock and share broker, Liverpool, Sept. 10 and Oct. 1, at eleven, Liverpool, Com. Ludlow; Bird, off. ass.; Gregory and Co. Bedford-row, and Horner, Li verpool, sols. Date of fiat, Aug. 19. Bankrupt's own pe tition.

Westbourne-crescent, Hyde-park, Sept. 4, at half-past one, Oct. 8, at one, Basingball-st. Com. Fane; Canaan, off. ass.; Rosser and Tamplin, Fenchurch-st. sols. Date of fiat, Aug. 24. W. Salmon, upholsterer, Great Jamesst. Bedford-row, pet. cr. Oct. 22, at eleven, Nottingham, Com. Balguy; Bittleston, FENTON. JOHN, hosier, Ockbrook, Derbyshire, Sept. 7 and off. ass.; Dunnicliff, Derby, sol. Date of fiat, Aug. 17. J. Johnson and J. Walton, silk manufacturers, Derby, pet. crs.

Oct. 22, at eleven, Nottingham, Com. Balguy; Bittleston, off. ass. Cowley, Nottingham, sol. Date of fiat, Aug. 6. GODDARD, WILLIAM, hosier, Nottingham, Sept. 17 and G. N. Walsh and T. Windley, silk merchants, Nottingham, pet. crs.

Bargain and sale.-A bargain and sale is defined to be a kind of real contract, founded upon some pecuniary or valuable consideration for the passing DE VERVILLE, FELICE BRUER, boarding-house keeper, 6, of real estates by deed indented and enrolled, and deriving its operation and effect under the Statute of Uses. Before this statute, a contract for the sale of land raised a use, to convert which into a legal estate an actual conveyance was necessary; but that statute supplied the conveyance, and transferred the seisin of the vendor to the use of the purchaser, who having thus the seisin and the use, became seised of the legal estate without any other conveyThe stat. 27 Hen. 8, c. 16, however, reance. quired this assurance to be enrolled in some of the courts at Westminster, or with the clerk of the peace of the county in which the lands are situate, within six lunar months from the time of the delivery (Hob. 140; 2 Ins. 673; Shep. Touch. 223), which period has been enlarged by the late Act, And although 3 & 4 Wm. 4, c. 74, with regard to enrolments in Chancery to six calendar months. the time of enrolment may be thus postponed, yet, when completed, the deed takes effect from the time of delivery, and not from the time of enrolment. Care, however, must (2 Ins. 875; Mulleny v. Jennings, ib. 674; Thomas v. Popham, Dy. 218.) be taken to enrol the deed within the prescribed time, otherwise it will become inoperative. (To be continued.)

conveyance of freehold estates as a lease and releasements in pursuance of powers under the Statutes of by the same parties (4 & 5 Vict. c. 21), since Uses and Exchanges,-modes of assurance that which the lease for a year has been generally dis- may still be resorted to; but a conveyance by way pensed with in practice. It was, however, neces- of appointment is the only one of them that is now sary that a release, to operate under this Act, should often or likely to be resorted to. be expressed to be made in pursuance of it, and the deed of release was, and is still, chargeable with the additional duty for which a lease of a year would have been liable. (Sec. 1.) Another Act was afterwards passed, specifying to simplify the transfer of property; but it was found altogether so inadequate for the intended purpose, that it was deemed prudent to repeal it by an Act passed in the session next immediately following. (8 & 9 Vict. c. 106.) By this last-mentioned enactment, all corporeal tenements and hereditaments were declared, as far as regarded the conveyance of the immediate freehold thereof, to be deemed to be in grant as well as in livery (sec. 2), so that it may now be conveyed by deed of grant only-a species of assurance that was formerly only applicable to incorporeal hereditaments, such as tithes, rent-charges, For the time to come, advowsons, or the like. therefore, there is no doubt that the conveyance by grant, being the most proper, will supersede the present assurance by release, and, with appointments under powers, become the usual mode of passing real property. Still, however, the stamp-duty for the lease for a year attaches to a conveyance by grant, as it previously did to the release, which levies a heavy and most improper tax upon small purchases. Another Act was also passed in the same session for the purpose of facilitating the sale and conveyance of real property (8 & 9 Vict. 119), which directs the conveyance made according to the forms set forth in the first schedule to that Act, or to any other deed which shall be expressed to be made in pursuance of it or referring thereto, shall employ in any such deed respecting any of the forms of words contained in the column I. of the second schedule thereto annexed, and distinguished by any number therein, such deed shall be construed as if such

party had inserted in such deed the form of words contained in column II. of the same schedule, and distinguished by the same number as is annexed to the form of words employed by such party; but that it should not be necessary in any such deed to insert any such number. (Sec. 1.) It also enacts, that unless there was a special exception of the same, the deed should include the usual general words, "all houses, &c." and the reversion, &c. "and all the estate, &c." (Sec. 3.) But it still retained the harsh stamp-duty of the lease for a year. And it then directed that the remuneration for the deed under the Act should be estimated by the skill displayed, and not, as formerly, by the number of folios inserted. (Sec. 4.)

THE GAZETTES.

AMOUNT OF DIVIDENDS DECLARED.

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

Monday, Aug. 23.

HARPER, JOHN ALEXANDER, lodging-house keeper, 31,
Harrington-st. North, Hampstead-road, Sept, 1, at two,
Sept. 27, at eleven, Basinghall-st. Com. Fonblanque;
Pennell, off. ass; Kingdom and Shephard, Clifford's-inn,
sols. Date of fiat, Aug. 29. Bankrupt's own petition.
and Oct. 8, at eleven, Liverpool, Com. Perry; Cazenove,
HOBSON, JOSEPH TAYLOR, drysalter, Liverpool, Sept. 10
off. ass.; Bridger and Blake, London-wall, and Dodge,
Liverpool, sols. Date of fiat, Aug. 21. J. E. Wright and
T. Jenkin, brokers, Liverpool, pet. crs.
kenhead, Sept. 29 and Oct. 8, at eleven, Liverpool, Com.
JONES, CHARLES, printer, stationer, and bookbinder, Bir-
Perry; Morgan, off. ass.; Chester and Co. Staple-inn,
and Mallaby and Co. Liverpool, sols. Date of fiat, Aug.
23. Bankrupt's own petition.
Norfolk, Sept. 4. at half-past one, Oct. 8, at half-past
MADDISON. GEORGE, grocer and tallow chandler, Swaffham,
twelve, Basinghall-st. Com. Fane; Cannan, off. ass.;
Abbott and Wheatley, Rolls-yard, and Miller and Son,
Norwich, sols. Date of fiat, Aug. 20. J. Barber, sen. and
jun. and F. W. Thompson, grocers, Norwich, pet. crs.
PERRIN, JOSEPH, grocer, Hereford, Sept. 14 and Oct. 9, at
one, Birmingham, Com. Balguy; Christie, off. ass. ;
Wilde and Co. College-hill, and Rawlins, Birmingham,
sols. Date of fiat, Aug. 11. R. Bell, esq. one of the re-
gistered public officers of the National Provincial Bank of
England, Bishopsgate-st. Within, pet. cr.
RAWLINS, JOHN, coachmaker, Foley-pl. Middlesex, Sept. 4,
at half-past ten, Oct. 8, at two, Basinghall-st. Com. Fane;
Whitmore, off. ass.; Smith, Barnard's-inn, sol. Date of
fiat, Aug. 24. J. Frovel and T. Armat, ironmongers, Cas-
tle-st. Oxford-st. pet. crs.

Billingay, S. H. ironmonger, last exam. Oct. 23.-Macqueen, F. merchant, last exam. Sept. 4.—Wallis, T. woollen ROBERTSON, CHARLES, master mariner, and general merdraper, div. next week.

Tuesday, Aug. 24.
Morley, T. jeweller, div. next week.-Worters, J. butcher,
last exam. passed.

Wednesday, Aug. 25.
Tipple, S. tailor, div. next week.

Friday, Aug. 27.

Brittain, J. market gardener, last exam. Nov. 8.-Fugler, w. warehouseman, div. next week.-Griffith and Pearson, tailors, div. next week.-Hills, J. auctioneer, assignees, Oct. liner, last exam. passed.-Snook, J. builder, last exam. 4.-Hocken, S. builder, last exam. passed.-Pye, J. E. milNov. 5.

Saturday, Aug. 28.

Blashfield, J. M. builder, div. next week.-Clark, H. oil merchant. last exam. Nov. 29.-Dodge, J. ironmonger, last exam. Sept. 16.-Hall, C. grocer, last exam. Nov. 8.-Johnson, R. jun. grocer, last exam. passed.-Lungley, L. grocer, outlawed-Rollings, J. stay manufacturer, last exam. Oct. 16.-Smith, H. chairmaker, last exam. passed.

DIVIDENDS.

Bankrupts' Estates.

Official Assignees are given, to whom apply for the
Dividends.

Cameron, W. confectioner, first, 2s. 9d. Baker, Newcas-
tle.-Muck, J. pawnbroker, 1s. 6d. Turner, Liverpool.-
Perry, C. H. baker, first, 10s. Cazenove, Liverpool.

Insolvent's Estate.
Atkins, W. P. builder, Devonshire-st. Bishopsgate,
1s. 104d.

ASSIGNMENTS

To Trustees for the equal benefit of Creditors.
Gazette, Aug. 27.
Trust. G.
Blampied, J. draper, Sherborne, Aug. 11.
Sol.
woollen merchant, Ironmonger-lane.
Huson, Ironmonger-lane.-Kind, J. jun. general dealer,
Birkenhead, Aug. 20. Trusts. J. Evans, jun. and C. W.
Slee, warehousemen, Newgate-st. Sols. Dodge, Liverpool,
and Blake, London-wall.

This Act does not seem to have met with any approbation amongst the Profession, and as the fifth section provides that a deed not taking effect under this Act shall be as valid as if the Act had not been made, the Profession seem almost universally to have availed themselves of this saving clause, and still employ the precedents formerly in use in preference to the scheduled forms set out in the Act. Mr. Browell, indeed, in his explanatory notice to his useful edition of the recent Real Property Statutes, very properly remarks (Browell's Real Property Statutes, p. 283) that "Great caution appears to be requisite in the use of this Act, as the forms in its schedules are in strictness appropriate Even," only to the most simple conveyances. he continues to observe, "the common case of L. Graves, an appointment by a vendor seised to uses to bar dower to similar uses in favour of a purchaser seems one in which the Act cannot with propriety be made available to any important extent, inasmuch as the form in the first schedule is that of a grant in fee-simple, and the covenants in the second schedule are framed with reference to an assurance of that simple description. He further remarks that "the Acts give a particular efficacy to a par. ticular form of words, and that the slightest deviation from that form will endanger the operation of the statute with reference to the covenant in which the mistake occurs, and such covenant may then, under the fifth section of the former, or the fourth of the latter Act, be left to the very doubtful effect it may have by its own independent operation."

Other modes of assurance.-Other modes of common assurance were fines and recoveries, the two former of which we have already seen have been recently abolished. In addition to these may be added deeds of bargain and sale, and appoint

Gazette, Aug. 31.

Bettridge, E. miller, East Hanney, Berkshire, Aug. 24.
Trusts. J. Lyford and J. Fisher, yeomen, East Hanney.
Sol Ormond, Wantage.-Watson, J. blacksmith, Birken-
head, Aug. 9. Trusts. W. Laycock, iron merchant, and H.
K. Aspinall, brewer, both of Birkenhead. Sol. Dunstan,

Birkenhead.

Bankrupts.

DATE OF FIAT AND PETITIONING CREDITORS' NAMES.
Gazette, Aug. 27.

crs.

Sept. 17 and Oct. 22, at twelve, Nottingham, Com. Bal-
BEDELLS, WILLIAM, paper and general dealer, Leicester,
guy; Bittleston, off. ass.; Vincent, Temple, and Hodg-
son, Birmingham, sols. Date of fiat, Aug. 20. W. G.
Adland and J. R. Evans, paper dealers, Birmingham, pet.
BOWEN, HENRY, clothier and draper, Coventry, Sept. 14, at
one, Oct. 9, at eleven, Birmingham, Com. Balguy; Chris-
tie, off. ass.; Jones, Sise-lane, and Motteram and Co.
G. Howes,
Date of fiat, Aug. 13.
Birmingham, sols.
W., W. jun. and F. Cook, W. Hocken, and E. Featon,
warehousemen, St. Paul's Church-yard, pet. crs,

chant, 8, Leicester-pl. Leicester-sq. Middlesex, Sept. 3, at
half-past ten, Oct. 8, at half-past one, Basinghall-st. Com.
Fane; Whitmore, off. ass.; Baxendale and Co. Austin-
friars, sols. Date of fiat, Aug. 24. G. Nicholas, wine
merchant, Abchurch-lane, pet. cr.

ROGERS, HENRY, victualler, late of Dixon-lane, Sheffield,
a prisoner for debt in the castle of York, Sept. 10 and Oct.
8, at ten, Sheffield, Com. West; Freeman, off. ass.; Sud-
low and Co. Chancery-lane, and Dixon, Sheffield, sols.
Date of fiat, Aug. 13. W. Bradley, brewer, Sheffield,
pet. cr.
SHARPLES, JOHN the elder, and SHARPLES, JOHN the

younger, cotton spinners, Daisyfield, near Blackburn,
Lancashire, Sept. 30, at eleven, Manchester; Hobson, off.
ass.; Milne and Co. Temple, and Slater and Heelis, Man-
chester, sols. Date of fiat, Aug. 20. J. D. Barton, a
partner and and registered public officer of the Manches-
ter and Liverpool District Banking Company, Rhodes,
near Middleton, pet. cr.
Newcastle-upon-Tyne, Sept. 13, at half-past ten, Oct. 15,
SIMPSON, THOMAS, innkeeper, Waterloo-inn, Westgate,
at half-past one, Newcastle, Com. Ellison; Wakley, off.
ass.; Radford, Newcastle, and Wilson, New-inn, sols.
Date of fiat, Aug. 19. Bankrupt's own petition.
SMITH, WILLIAM, cloth manufacturer, Idle, Yorkshire,
Sept. 30, at eleven, Leeds, Com. West; Young, off. ass.
Sudlow and Co. Chancery-lane, and Naylor, Leeds, sols.
Date of fiat, Aug. 13. T. Watson, woolstapler, Leeds,
pet. cr.
SPALDING, JAMES, brazier and ironmonger, 3, Rose-cres-
cent, Cambridge, Sept. 8 and Oct. 2, at one, Basinghall-
st. Com. Fonblanque; Pennell, off. ass.; Nicholls and
Doyle, Bedford-row, and Bays, Cambridge, sols. Date of
fiat, Aug. 23. Bankrupt's own petition.
STEPHENSON, JOHN, linen draper, woollen draper, hosier,
and haberdasher, Horncastle, Lincolnshire, Sept. 8 and 29,
at half-past ten, Hull, Com. Ayrton; Stansfield, off. ass.;
Tilson and Co. Coleman-st. and Wells and Smith, Hull,
sols, Date of fiat, Aug. 9. Bankrupt's own petition.
Manchester, and Nafferton, near Driffield, Yorkshire, Sept.
THOMPSON, HENRY, corn merchant, miller, and maltster,
8 and 27, at eleven, Manchester, Fraser, off. ass.; Gre.
gory and Co. Bedford-row, and Hitchcock and Co. Man-
chester, sols. Date of fiat, Aug. 19. Bankrupt's own
petition.

dealer, Ryde, Isle of Wight, Sept. 2, at two, Oct. 6, at VAUGHAN, WILLIAM, chinaman, earthenware and glass one, Basinghall-st. Com. Fonblanque; Belcher, off. ass. ; Long, Lawrence Pountney-hill, and Long, Ryde, sols. Date of fiat, Aug. 23. Bankrupt's own petition. WAKEFIELD, THOMAS, merchant and manufacturer, Nottingham, Sept. 17 and Oct. 22, at ten, Nottingham; Com. Balguy; Bittleston, off. ass.; Cowley, Nottingham, sol. Date of fiat, Aug. 19. J. Horsfall, esq. one of the regis tered public officers of the Nottingham and Nottinghamshire Banking Company, Nottingham, pet. cr. WINTON, DAVID, commission agent, Gutter-lane, City, Sept. 3, at half-past twelve, Oct. 8, at twelve, Basinghallst. Com. Shepherd; Turquand, offi. ass.; Lloyd, Milk-st. sol.

[blocks in formation]

Aug. 5. J. Pike and H. Leake, hop merchants, High-st. Southwark, pet. ers. BAGNALL. GEORGE, n.usic seller, Newcastle-upon-Tyne, Sept. 16, at half-past ten, Oct. 19, at one, Newcastle, Com. Ellison; Baker, off. ass.; Messrs. Chator, Newcastle, sols. Date of fiat, Aug. 23. Bankrupt's own petition.

Exeter.-Westall, W. F. hotel keeper, Manchester, Sept. 23,
at twelve, Manchester.-Wilson, G. iron founder, Salford,
Sept. 23, at twelve, Manchester.

June 30.

Partnerships Dissolved.
Gazette, Aug. 24.

eleven.-Wood, R. traveller, Lorromore-terrace, Walworth▸ Sept. 2, at eleven.

Gazette, Aug. 27.

PETITIONS TO BE HEARD AT BASINGĦALL-
STREET.

PETITIONS TO BE HEARD IN THE COUNTRY. Brown, J. victualler, Manchester, Sept. 6, at twelve, Manchester.-Evans, W. S. waiter, Sidmouth, Sept. 14, at eleven, Exeter.-Fernyhough, W. excise agent, TranBENBOW, THOMAS, draper and grocer, Llanidloes, Mont- Enfield, June 20. Debts paid by Appleby and Mitchell. Stapylton and Bristol, Sept. 20, at eleven, Bristol.-HumAppleby, J. Tattersall, T. and Mitchell, J. corn millers, mere, Sept. 22, at eleven, Liverpool.-Hicks, J. architect, gomeryshire, Sept. 10 and Oct. 1, at twelve, Manchester, Barnett, S. and Collins, W. cotton waste dealers, Great phry, J. schoolmaster, Everleigh, Aug. 27, at twelve, Bristol. Hobson, off. ass.; Johnson and Co. Temple, and Blair, Bolton, Aug. 19. Debts paid by either partner.-Bryant,-Johns, F. hay dealer, Bristol, Sept. 10, at eleven, Bristol. Manchester, sols. Date of fiat, Aug. 18. R. Chadwick, T. and Widdicombe, W. coopers, Seven Star-court, Rose-Linthorn, J. grocer, Bitton, Aug. 31, at eleven, Bristol.and M., G. N., and R. Phillips, merchants, Manchester, mary-lane, Aug. 19. Debts paid by Bryant.-Chamberlaine, Long. W. baker, Chard, Sept. 14, at eleven, Exeter.-Penpet. crs. CLOUGH, SIMEON, woolstapler, Bradford. Yorkshire, Sept. mondsey, Aug. 29. Debts paid by Chamberlaine.-Chapple, eleven, Liverpool.-Salmon, W. M. painter, Bath, Sept. 3, J. and Button, H. H. surgeons, Great George-street, Ber- nington, M. chymist, Liverpool, Aug. 31, at half-past 11 and Oct. 2, at twelve, Leeds, Com. Ayrton: Hope, off. R. and White, E. F. scagliolists, Millbank-st. Westminster, at eleven, Bristol.-Stone, T. carver, Sidmouth, Sept. 16, at ass.; Sudlow and Co. Chancery-lane, and Lee, Leeds, and Manchester-st. King's-cross, Aug. 17.-Crabtree, T. one, Exeter.-Thomas, S. M. farmer's labourer, Lea, Sept. sols. Date of fiat, Aug. 14. B. Thornton, wool merchant, Spotland, and Stott, J. Rossendale, woollen manufacturers, 20, at eleven, Bristol.- White, H. D. upholsterer, Melcombe Birstall, pet. cr. GUTTRIDGE, WILLIAM, jun. baker and corn dealer, North-street, Aug. 20. Debts paid by Catt.-Dibb, C. and Binns, drenio, Sept. 22, at eleven, Liverpool. July 1.-Crocker, J. and Catt, J. warehousemen, Wood- Regis, Sept. 14, at eleven, Exeter.-Wood, G. surgeon, Llanend, Fulham, Sept. 8, at one, Oct. 6. at twelve, Basing- W. grocers, Calverley, Aug. 18.-Dixon, J. and Gate, J. hall-st. Com. Fonblanque; Belcher, off. ass. Greaves, Fur- spirit merchants, Wigton, Aug. 3. Debts paid by Gate.nival's-inn, sol. Date of fiat, Aug. 28. Bankrupt's own Dyson, J. and Leggott, T. joiners, Halifax, or elsewhere, petition, Debts paid by Leggott.-Howarth, D. and HarHALL, JOHN and HENRY, earthenware manufacturers, rison, J. sen. and jun, coal proprietors, Wrightington, Aug. Wooden Box, Hartshorne, Derbyshire, Sept. 17 and Oct. 14.-Howell, J. and Tatam, G. surgeons, Wandsworth, Sept. 22, at one.-Borley, W. H. jobber, Stanningfield, Atkinson, E. assistant warehouseman. Murray-st. Horton, 22, at eleven, Nottingham, Com. Balguy; Bittleston, off. Aug. 1.-Jonassohn D. Wood, T. Robson, T. and Ray, J. Sept. 9, at two -Bradshaw, J. out of business, St. John'sass.; Flewker, Derby, sol. Date of fiat, Aug. 23. Bank-wharfingers, Sundeland, so far as regards Ray, Aug. 13. wood-villas, Islington, Sept. 9, at ten.-Chambers, J. beer rupt's own petition. HOLFORD, GEORGE, jeweller and silversmith, Wolverhamp- Moore, J. merchants, Manchester, Aug. 19. Debts paid by L. butcher, Salmon's-lane, Limehouse, Sept. 6, at half-past Debts paid by the remaining partners.-Mellor, J. and retailer. Merreworth, Sept. 9, at half-past one -Clarke, S. ton, Sept. 14 and Oct. 12, at twelve, Birmingham, Com. Mellor.-Mills, J. and Heap, J. brewers. Manchester, Aug. one.-Cooper, R. grocer, Garsington, Sept. 6. at half-past Daniell, Whitmore, off. ass.; Phillips, Wolverhampton. 10. and James, Birmingham, sols. Date of fiat, Aug. 20. plumbers, Chorley and Wigan, Aug. 19.-Thornton, T. and one.-Gladhill, A. A. ironmonger, Goswell-st.-road, Sept. 9, Debts paid by Mills.-Sutcliffe, W. and Gaskell, W. one.-Fairhead, J. bootmaker, Leddon, Sept. 9, at half-past H. and J. Harrison, jewellers, Birmingham, pet. ers. PALEY, THOMAS, builder, Durham, Sept. 16, at half-past pell, W. and T. P. music vendors, Birmingham, Aug. 1.-hithe, Sept. 13, at eleven.-Hamlin, J. basket maker, KingHeath, J. joiners, Leicester, Aug. 2.-Tolkien, J. B., Chap- at two.-Grover, W. out of business, Jamaica-level, Rother one, Oct. 19. at one Newcastle, Com. Ellison: Wakley, Tomson, J. H. and Dunn, E. ribbon dressers, Coventry, st. Hammersmith, Sept. 6, at half-past one.-1bbs, G. off. ass.; Chisholme, and Co. Lincoln's-inn-fields, and Aug. 20.-Walker, W. and Cowr, T. tailors, Birmingham, printer, East-st. Red Lion-sq. Sept. 9, at ten.-Knight. G. Harle, Newcastle, sols. Date of fiat, Aug. 3. Bankrupt's Aug. 21. Debts paid by Walker.-Weddell, E. and Atkin- carman, Bradley-place, Wandsworth-road, Sept. 9, at halfown petition. PHILLIPS, CHARLRS, engineer, ironfounder, and agricul- by Weddell.-Williamson, R. and J., Bowman, J., Usher, place, Russell-square, Sept. 6, at half-past one.-Million, son, F. coal merchants, Cannon-row, Aug. 21. Debts paid past ten. Meteyard, H. W. barrister, Upper Redfordtural implement maker, Sept. 14 and Oct. 12, at eleven, J., Hutchinson, A., Anderson, S., Gordon, R., Johnstone, H. baker, Southend, Sept. 9, at one.-Morley, F. carpenter, Bristol, Com. Stevenson; Hutton, off. ass.; Nash, Bris- W. M., Sibson, J. C., Mossop, C., and Fisher, D. ship Brighton, Sept. 22, at twelve.-Owers, C. H. out of employ, tol, sol. Date of fiat, Aug. 19. Bankrupt's own pe- builders, Harrington, Aug. 2.-Wood, S., Brown, T. B., Foster-st. Hoxton New-town, Sept. 27, at half-past twelve. tition. and Mann, L. spice merchants, Liverpool, Aug. 23, Debts Pankhurst, J. green grocer, Alpha-place, Chalk-road, paid by Wood and Brown.-Winther, G. T. and Cor, C. Sept. 22, at twelve.-Perkins, F. J. butcher, Queenborough, merchants, Cowes, Aug. 20. Sept. 9, at two.-Platt, J. steward, Catherine-terrace, Bow, Gazette, Aug. 27. Sept. 6, at half-past one.-Porter, J. J. E. surgeon, Isle of Bloomsbury, March 25. Adlam, W. H. S. and Donovan, J. T. drapers, Hart-st. Wight, Sept. 9, at half-past ten.-Ricket, H. out of employ, C. E. and Bruce, W. F. manufacturers of plated goods, Sims, J. F. clerk, Gloucester-st. Queen-sq. Sept. 6, at halfDebts paid by Adlam.-Ballam, Morgan's-place, Liverpool-road, Sept. 9, at half-past ten.Birmingham, Aug. 25.-Bottom, M. and G. engineers, past one. Smith. B. butcher, Deptford, Sept. 6. at half past the Milton Iron works. Bradbury, H. sen. and jun. printers, Turner. W. vellum binder, Drury-lane, Sept. 6, at half-past Sheffield, Aug. 20. Debts paid by J. Needham, agent to one.-Smith, T. H. C. smith, Boxley, Sept. 11, at twoGreat Bolton, Aug. 26. Debts paid by Bradbury, jun.-one.-Turner, J. out of business, Castle-st. Soho, Sept. 9, Brown, W. and Russell, J. drapers, Coventry, Aug. 20. at half-past twelve.-Vezey, J. clerk, Chandos-st. Oct. 5, at Tower-st. Aug. 23.-Dunn, S. E. and Wallace, A. G. tailors, Sept. 9, at one.-Wadlow, T. blacksmith, Kingsdown, Sept. Digby, R. and Hicks, R T. beer sellers, Beer-lane, Great eleven.-Viney, J. carpenter, Alfred-place. Hornsey-road, Manchester, Aug. 9. Debts paid by Dunn.-Dyson, J. and 9, at half-past one.-Ward, P. laceman, South-st. Chelsea, Leggott, T. joiners, Halifax or elsewhere, June 30. Debts Sept. 9, at half-past one.-White, J. T. baker, Tysson-st. attorneys, Petworth. March 31.-Freelove, T. sen. and R. Quarterman's-row, Deptford, Sept. 22, at one. paid by Lezgott.-Ellis. J. L. Bragden, R. and Upton, H. Bethnall-green, Sept. 13, at eleven.-Winch, H. scoolmaster, tallow chandlers. Whitehorse-st. Stepney, Aug. 24. paid by R. Freelove.-Goodlad, J. and Conway, J. M. surgeons, Bury, March 26-Hamilton, J. and Tuckwell, J. Harding, J. G. and Fairbridge, J. jun. commission agents, wine merchants, King-st. Saint James's-square, June 24.Middlesbrough, Aug. 18.-Hodges, W. and J. F. wine merchants, Dorchester and Weymouth, June 30. Debts paid by and J. dyers, Halifax, April 30, 1846.-Lord, J., J. and W. J. E. and E. Hodges, who continue the business.-Lee, S. and Crabtree, W. ironfounders, Bolton-le-Moors, as regards Petherton, July 3.-Russell, G. and P. bakers, New Manor-st. Crabtree, Jan. 22.-M'Millan, S. and J. drapers, South Chelsea, Nov. 17, 1845.—Salisbury, J. and Robison, H. sailmakers, Liverpool, Aug. 25. Debts paid by Robison. Shouler, J. B. and W. drapers, Leicester, Aug. 24. paid by J. B. Shouler.-Spencer, W. M. and Hall, T. drapers, Lisson-grove and Portland-town, Aug. 27.-Taylor, W. and Islip, J. ironmongers, Ashford, Aug. 21.-Vickers W. sen. and jun. and Greasley, C. lace manufacturers, Nottingham, Dec. 1.-Wybrants, J. and Cariner, J. F. surgeons, Shepton Mallet and Oakhill, Aug. 21.

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Meetings at Basinghall-street.

Gazette, Aug. 27. Darby, J. horse-dealer, Dorset-mews, Sept. 7, at two (adj. July 6), last exam.-Drew, R. wine merchant, Mary-st. Kingsland, Sept. 17, at twelve, aud.-Everett, W. builder, Drury-lane, Sept. 13, at two, last exam.-Hagg, I. tailor, Colchester, Sept. 13, at two, last exam.-Knowles, Sir F. C. bart. banker, Queen-st. May-fair, Sept. 8. at two (adj. Aug. 17), last exam.-May, E. ironmonger, Oxford-st. Sept. 17, at eleven, aud.-Selby, R. wine merchant, Burleigh-st. Sept. 20. at two, aud.-Townsend, J. T. carpet dealer, High-st. Islington, Sept. 11, at twelve (adj. June 2), last exam.-Tring, Reading, and Basingstoke Railway Company, No. 26, New Broad-st. Sept. 17, at eleven, fin. div. MEETINGS FOR ALLOWANCE OF CERTIFICATES. Bonney and Beales, wine merchants, William-st. Knightsbridge, Sept. 18, at eleven, as to Beales.-Butcher, R. jun. painter, Epsom, Sept. 20, at eleven.-Coney, J. mason, Harrow-road, Sept. 21, at two.-Dicken, W. grocer, Isleworth. Sept. 17, at half-past one.-Dubbins, E. hotel keeper, Strand, Sept. 20, at one.-Gerish, F. W. ironfounder, Eastrd. Sept. 20, at eleven.-Harvey, G. L. wine merchant, Rood-la. Sept. 18, at two.-Lake, T. M. bookseller, Uxbridge, Sept. 17, at twelve.-Richards, O. law bookseller, Fleet-st. Sept. 17, at half-past twelve.-Surson, J. T. vinegar dealer, City-rd. Sept. 20, at half-past two.-Selby, R. wine merchant, Burleigh-st. Sept. 20, at two.-Wavell, T. B. miller, Lake, Sept. 20, at two.

Gazette, Aug. 31.

Butler, J. upholsterer, Saffron Walden, Sept. 21, at eleven, aud.-Maude and Co. cement manufacturers, Northfleet, Sept. 10, at two (adj. July 28), last exam.-Sykes, W. carrier, Old and New Catherine Wheel-yards, Bishopsgatest. and Saville-pl. Mile-end, Sept. 21, at eleven, aud.Thomas, E. draper, Aldersgate-st. Sept. 21, at twelve, aud. -Weston, J. R. auctioneer, Southampton, Sept. 21, at one, aud.

MEETINGS FOR ALLOWANCE OF CERTIFICATES.

Bell, and Bell, news-venders, Finch-lane, Sept. 21, at half-past two, as to M. E. Bell.-Browne, J. D. surgeon, Walthamstow, Sept. 23, at half-past two. -Burgess, W. H. grocer, Skinner-st. and Great Tower-st. Sep. 21, at two.Cook, H. J. draper, Hedge-row, Islington, Sept. 21, at halfpast one.-Dircks, H. manufacturer of malt extract. Winsley-st. and Nicholas-lane, Sept. 24, at twelve.-Drew, R. wine merchant, Bury-st. Kingsland-rd. Sept. 24, at halfpast-one.-Perry, F. jun. merchant, Austin-friars, Sept. 22, at half-past two.-Purton, G. innkeeper, Poole, Sept. 24, at half-past eleven.-Rolfe, W. corn dealer, Leyton, Sept. 24, at half-past twelve.-Sansom, J. surgeon, Fordingbridge, Sept. 21, at half-past twelve.

Meetings in the Country.

Insolvents

Petitioning the Courts of Bankruptcy.
Gazette, Aug. 24.

Debts

Debts

PETITIONS TO BE HEARD AT BASINGHALL-
STREET.

Baker, S. N. milkman, Chapel-st. Fitzroy-sq. Sept. 2, at half-past eleven.-Baxter, J. butcher, Epsom, Sept. 1, at twelve.-Breadfield, J. C. out of business, Great Crown-st. Soho, Sept. 2, at ten.-Briggs, J. carpenter, Dean-st. Soho, Sept. 2, at eleven.-Brown, W. H. physician, Park-rd. New Peckham, Sept. 2, at one.-Carter, J. traveller, Reading, Sept. 2, at half-past eleven.-Chapman, W. green grocer, Long-lane, Bermondsey, Sept. 2, at half-past eleven.Clark, J. in no occupation, Godalming, Sept. 2, at ten.Cooke, F. horse dealer, East Harling, Sept. 2, at ten.Cummins. T. wheelwright, King-st. Hammersmith, Sept. 9, Gazette, Aug 27. Ashworth, A. woollen manufacturer, Haslingden, Lanca- past eleven.-Gibbs, M. A. embroideress, Bath-terrace, at ten.-Franklin, T. victualler, Littlemore, Sept. 2, at halfshire, Sept. 20, at twelve, Manchester, aud. and Sept. 21, Horsemonger-lane, Sept. 2, at eleven.-Glassborow. C. exat twelve, further and final div.-Cor. T. wine merchant, cise officer, Rickmansworth, Sept. 2, at half-past ten.Manchester, Sept. 13, at twelve, Manchester (adj. Aug. 10), Hayler, T. waiter, Mount-st, Grosvenor-sq. Sept. 2, at last exam.-Lovatt, H. and Corran, W. H. L. merchants, eleven.-Hazeldine, J. carpenter, Ramsgate, Sept. 2, at one. Liverpool, Sept. 20, at eleven, Liverpool, first and final div. of Kirby, J. H. tragedian, Nichol's-sq. Hackney-rd. Sept. 2, Lovatt.-Pullein, J. jun. brewer and maltster, Selby, Yorkshire, Sept. 23, at eleven, Leeds, aud. and Sept. 20, at eleven. -Milbourne, F. coach builder, Lower Mitcham, at twelve.-Lamb, R. butcher, Great Yarmouth, Sept. 2, at eleven, div.-Scott, J. victualler and innkeeper, Llanidloes, Sept. 2, at half-past eleven.-Minter, J. painter, Ipswich, Montgomeryshire. Sept. 20, at eleven, aud. MEETINGS FOR ALLOWANCE OF CERTIFICATES. Brighton, Sept. 9, at ten.-Neave, W. machine maker, PulSept. 2, at half-past ten.-Moore, H. F. coal dealer, Culme, C. brewer, Hilperton, Sept. 17, at eleven, Bristol. ham St. Mary Magdalen, Sept. 2, at twelve.-Ouen, G. -Wagstaff, W. cabinet maker, Liverpool, Sept. 17, at Sept. 2, at half-past eleven.-Perkins, W. hatter, Guildford, assistant green grocer, Back Church-lane, Whitechapel, eleven, Liverpool. Gazette, Aug. 31. Sept. 2, at ten.-Sudland, M. W. surgeon, Southwold, Sept. 2, at half-past ten.-Spooner, T. W. clerk, Brompton, Sept. 2, at eleven.-Towers, S. lodging-house keeper, WelIpswich, Sept. 2, at half-past ten.-Turner, S. carpenter, st. Whitechapel, Sept. 2, at eleven.-Turner, J. butcher, Little Shire-lane, Carey-st. Sept. 2, at two.-Tutton, S. lodging-house keeper, Craven-st. Strand, Sept. 2, at eleven. Sept. 2, at eleven.-Wicks, J. tea dealer, Sydenham, Sept. 2, -Welch, W. shopman to a grocer, Heath-st. Stepney, at half-past eleven.-Wicks, J. grocer, Windsor, Sept. 2, at

Brown, S. brewer, Sunderland, Sept. 13, at twelve, Newcastle (adj. Aug. 17), last exam.-Brown, J. and T. brickmakers, Newport, Sept. 22, at half-past ten, Hull, aud. Perry, C. H. baker and flour dealer, Liverpool. Oct. 4, at eleven Liverpool, final div.

MEETINGS FOR ALLOWANCE OF CERTIFICATES. Gray, W. brewer, Salford, Sept, 23. at twelve, Manchester.-Notwill, J. grocer, Falmouth, Sept. 29, at eleven,

grocer,

PETITIONS TO BE HEARD IN THE COUNTRY. Hull.-Barlow, J. confectioner, Liverpool, Sept 3, at halfArdington, R. joiner, Grimsby, Sept. 8, at half-past ten, Huddersfield, Sept. 7, at eleven, Leeds.-Brown, R. past eleven, Liverpool-Binns, F. manufacturing chemist, Sefton, Sept. 3, at twelve, Liverpool.-Davies, P. cattle dealer, Liverpool, Sept. 8, at eleven, Liverpool.-Devine, S. Dewse, S. book-keeper, Leeds, Sept. 7. at eleven, Leeds.Dunstan, R. grocer, Kenwyn, Sept. 16, at one, Exeter.horse dealer, Liverpool, Sept. 3, at twelve, Liverpool. Leeds.-Garlick, J. out of business, Leeds, Aug. 31, at Ellis, J. cloth manufacturer, Ossett, Sept. 3, at eleven, eleven, Leeds.-Jones, J. labourer, West Bromwich, Sept. 2, at twelve, Birmingham. - Kemp, J. grocer, Tickhill, chester, Sept. 8, at twelve, Manchester.-Millward, R. ropeSept. 3, at eleven, Sheffield.-Kinch, S. victualler, Manmaker, Sheffield, Sept. 3, at ten, Sheffield.-Newton, S. joiner, Hull, Sept. 8. at half-past ten, Leeds.-Oddy, J. sizing dealer. Bradford, Sept. 7, at eleven, Leeds.-Peck, G. painter, Birkenhead, Sept. 3, at twelve, Liverpool.-Pool, W. whitesmith, Leeds. Sept. 2, at eleven, Leeds.-Pryor, W. out of business, Sheffield, Sept. 3, at ten, Sheffield.Shaw, J. butcher, Walsall, Sept. 2, at twelve, Birmingham. -Smith, J. grocer, Goole, Sept. 2, at eleven, Leeds.Southwood, J. auctioneer, Selby, Sept. 7, at eleven, Leeds. -Standeven, J. out of business, Halifax, Aug. 31, at eleven, Leeds.-Tupling, W. hair dresser, Great Grimsby, Sept. 8, Sept. 3, at ten, Sheffield.-Walker, A. sen. in no trade, at half-past ten, Hull.-Unwin, C. scale presser, Sheffield, South Cove, Aug. 31, at eleven, Leeds.-Watson, G. brewer, Holderness, Sept. 8, at half-past ten, Hull.-Wragg, J. horn cutter, Sheffield, Sept. 3, at ten, Sheffield.-Wright, T. joiner, Wallasey, Sept. 8, at eleven, Liverpool.

MEETINGS IN THE COUNTRY. Farmer, J. maltster, Bellbroughton, Sept- 23, at twelve, Sept. 28, at twelve, Birmingham, aud.-Potter, W. livery Birmingham, aud.-Kidd, D. out of business. Birmingham, aud.--Rootes, W. S. surgeon, Ross, Sept. 18, at twelve, stable keeper, Stourport, Sept. 28, at twelve, Birmingham, Dudley, Sept. 18, at twelve, Birmingham, aud.-Winter, Birmingham, aud. and div.-Smitheman, H. constable, J. gent. Stoke-under-Hamdon, Oct. 5, at eleven, Exeter, aud. and div.

From the Gazette of Friday, Sept. 3.

Bankrupts.

Croydon.-Chalener, S. milliner, Charles-st. Westbourne-
Wandsworth-road, Surrey.-Armfield, G. jun. coach builder,
Larkman, E. B. coal merchant, Wellington-terrace,
terrace, Middlesex.-Whinney, T. licensed victualler, Pan-
Broad-st. City.-Pye, T. timber merchant, King's-road,
ton-st. Haymarket.-Thies, J. bread and biscuit baker, Old
Chelsea-Slater, S. tailor, Albemarle-st. Piccadilly-
Rawlinson, W. draper, Minories.-Morgan, J. tailor,
Southampton-row, Russell-sq-Bennett, W. and Reeve,
manufacturer, Liverpool.-Hewitt, H. S. hotel keeper,
H. S. licensed victuallers, London-road.-Hadfield, G. paint
Waterloo, Liverpool.-Gilbert, J. millwright, Boston-st.
Hackney-road.-North, W. H. grocer, Liverpool.-Ogden,
castle-upon-Tyne.-Robinson, B. merchant, Huddersfield.
W. flour dealer, Manchester.-Hay, W. D. baker, New-
Miller, G. innkeeper, Whitby, Yorkshire.

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