LAW TIMES REPORTS OF ALL THE CASES ARGUED AND DETERMINED IN ALL THE COURTS OF LAW AND EQUITY, IN BANKRUPTCY, INSOLVENCY, NISI PRIUS, THE CRIMINAL COURTS, AND IN IRELAND, FROM APRIL TO OCTOBER, 1851. VOLUME XVII. THE REPORTS IN THIS VOLUME ARE CONTRIBUTED BY THE FOLLOWING GENTLEMEN : HOUSE OF LORDS, by W. H. BENNET, Esq. of Lincoln's Inu, Barrister-at-Law. PRIVY COUNCIL, by J. W. Cooke, Esq. of Lincoln's Inn, Barrister-at-Law. EQUITY COURTS. LORD CHANCELLOR'S COURT, by RICHARD GRIFFITHS WELFORD, Esq. of the Inner Temple, Barrister-at-Law. ROLLS COURT, by J. MACAULAY, Esq. of the Inner Temple, Barrister-at-Law. VICE-CHANCELLOR KNIGHT BRUCE'S COURT, by GEORGE S. ALLNUTT, Esq. of the Middle Temple, Barristerat-Law. VICE-CHANCELLOR LORD CRANWORTH'S COURT, by COMMON LAW COURTS. The QUEEN'S BENCH, by ADAM BITTLESTON, Esq. of the Inner Temple, and PAUL PARNELL, Esq. of the Middle Temple, Barristers-at-Law. The COURT of COMMON BENCH, by JOHN THOMPSON, Esq. of the Inner Temple, and DANIEL THOMAS EVANS, Esq. of the Middle Temple, Barristers-at-Law. The COURT of EXCHEQUER, by FREDERICK BAILEY, Esq. and C. J. B. HERTSLET, Esq. of the Middle Temple, Barristersat-Law. The BAIL COURT, by T. W. SAUNDERS, Esq. of the Middle Temple, Barrister-at-Law. The EXCHEQUER CHAMBER, by the Reporters of the Courts from which the cases come. BANKRUPT AND INSOLVENT COURTS. The INSOLVENCY COURT, by DAVID CATO MACRAE, Esq. of the Middle Temple, Barrister-at-Law. COMMISSIONERS' COURTS, by JOHN A. FONBLANQUE, Esq. Barrister-at-Law. IRISH BANKRUPTCY COURT, by J. LEVY, Esq. Barristerat-Law. IRISH INSOLVENT COURT, by J. LEVY, Esq. Barrister-at Law. NISI PRIUS, CIRCUITS, AND CROWN CASES. CENTRAL CRIMINAL COURT, by B. C. ROBINSON, Esq. of the Middle Temple, Barrister-at-Law. CRIMINAL APPEAL COURT, by A. BITTLESTON, Esq. of the Inner Temple, Barrister-at-Law. NORTHERN CIRCUIT, by T. CAMPBELL FOSTER, Esq. Barrister-at-Law. MIDLAND CIRCUIT, by ADAM BITTLESTON, Esq. of the Inner Temple, Barrister-at-Law. WESTERN CIRCUIT, by EDWARD W. Cox, Esq. of the Middle Temple, Barrister-at-Law. NORFOLK CIRCUIT, by J. B. DASENT, Esq. Barrister-at-Law OXFORD CIRCUIT, by J. E. DAVIS, Esq. Barrister-at-Law. SOUTH WALES CIRCUIT, by DANIEL T. EVANS, Esq. of the Middle Temple, Barrister-at-Law. NORTH WALES CIRCUIT, by MORGAN LLOYD, Esq. Barrister-at-Law. NISI PRIUS IN LONDON AND MIDDLESEX. QUEEN'S BENCH and COMMON PLEAS, by W. J. METCALFE, Esq. Barrister-at-Law. EXCHEQUER, by J. B. DASENT, Esq. Barrister-at-Law. ECCLESIASTICAL COURTS. ECCLESIASTICAL and ADMIRALTY COURTS, by DR. WADDILOVE, of Doctors' Commons. ELECTION LAW. REGISTRATION APPEALS in the COMMON PLEAS, by JOHN THOMPSON, Esq. Barrister-at-Law. ELECTION COMMITTEES, by EDWARD W. Cox, Esq. of the Middle Temple, Barrister-at-Law. IRISH REPORTS. The LORD CHANCELLOR'S COURT, by J. BLACKHAM, COMMON LAW COURTS, by W. ST. LEGER BABBINGTON, CRIMINAL COURTS, by W. ST. LEGER BABBINGTON, Esq. INCUMBERED ESTATES COURT, by JAMES BURKE, Esq. The Written Judgments are reported verbatim in Short-hand by Mr. H. GREGORY, Short-hand Writer. LONDON: PUBLISHED AT THE OFFICE OF THE LAW TIMES, 1851. Ambergate, Nottingham, Boston, and Eastern Junction Railway Company v. Hodgson, 146 Ambergate Railway Company v. Norcliffe, 146 Ambergate Railway Company v. Payton, 146 Ambrose v. Kerrison, 41 Ardin v. Goodacre, 64, 65, 158 Wilde, 62 Armstrong v. Parkinson, 204 Fitzgerald, 296 Railway Company, 23 The London Dock Bond v. Manning, 62 Smith, 52 Boosey v. Jefferys, 110 Booth r. Clive, 52, 62, 64 Cox v. Prichard, 67 Doe dem. Quinlan v. Roe, 51 Coyle v. Alleyne, 239 Crafton v. Frith, 137 Cridland v. Hodgson, 66 Crofts v. Beale, 144, 158, 168, 172 Cross v. Bevan, 65 Uxor, 252 Seaman, 77 74, 75 Cunliffe v. Harrison, 66, 189 Cutts v. Salmon, 87 The Monmouthshire Railway Cullenford v. Bremage, 83, 100 Company, 142, 154 Borlen v. Melladew, 90 Bostock v. The North Staffordshire Railway Company, 290 Boulger v. Smith, 247 Bower v. Cunningham, 59 Bradney v. Garth, 78 Breese v. Owens, 66, 97 Brennan v. Husband and Another, 50 Bridges v. Hawksworth, 183 Brown v. Clegg, 122 Collier, 147, 190 Brotherton v. Buessare, 83 DACHEMENT v. LAURENT, 160 Davies v. Myers, 304 Waring, 66, 203 Burrell and Another, 51, 56 De Gruchy v. Bruyeres, 7 Brunswick (Duke of) v. Harmer, 142, Delarue v. Church, 102 165 Bartholomew v. Hewson, 66 Bassil v. Lister, 263 Bathwick v. Botcherley, 169 Bearcroft v. George, 65, 99 Fooks, 94, 107, 165 Beavan v. Beavan, 100, 169 Beeley v. Spode, 51 Bell v. Dominie, 41 Beldon v. Campbell, 83, 212, 257 Benjamin v. Roche, 66 Bensusan v. Nehemias, 292 Cannan and Others v. The South-Eastern Railway Company, 212 Carman and Others v. The South-Eastern Railway Company, 146, 160 Carne and Another v. Malin and Anor. 66, 100, 203 Carr v. Jackson, 169 Carwardine v. Wishlade, 251 Catherina, formerly the Croxdale, 43 Cawley and Another v. Farnell and Another, 201 Chandos (Marquis of) v. The Commissioners of Inland Revenue, 100, 128 Chapman v. Chapman, 70 Demain v. Cavell, 99 Derbyshire, Staffordshire, and Worcestershire Railway Company v. Tebbutt, 155 Derinzy v. Turner, 271 Dickinson and Another v. The Grand Doe dem. Armistead v. The North Richards v. Lewis, 96, 126 Shalcroft v. Palmer, 75 Shawcroft v. Palmer and Stadden v. Beale, 40 Tatham v. Cattamore, 50, Twining v. Roe, 158 Westbrook v. Johnson, 75 Walmesley and Another v. King, 66 Douglas v. Stevenson, 212 Drew and Others v. Collins, 158, 160 Drummond v. Tillinghurst, 50 Duncalf v. Biddle, 42 Dunkley v. Paris, 75, 96, 158 Durell v. Kearns, 66, 100 Dyson v. Willis, 40 EAST ANGLIAN RAILWAY COM-. PANY v. THE EASTERN COUNTIES RAILWAY COMPANY, 127, 168, 169 East and West India Docks and Birmingham Junction Railway Company v. Gattke, 85 Easterby v. Fenwick, 138 Eaton v. The Swansea Waterworks: Company, 50, 75, 154 Eccles v. Chard, 283 Edwards v. The Cameron Coal Company, 42, 100, 130 Elam v. The London and North-western Railway Company, 40, 50 Electric Telegraph Company v. Brett.. and Another, 64, 107 Ellard v. Cooper, 67 Ellen v. Topp, 42, 52 Elliott v. Clayton, 26 94, 106 Davies v. Davies, 104 Davies t. Thomas, 66, 203 Dixie v. Davies, 66, 203 Evers and Ux. v. Challis 173 Goodwin v. Joyce, 64 Guest v. Bennett, 42, 189 Hale v. Galvin, 65, 70 Hellyer v. King, 66 and Another, 4 Hopkins v. Price, 169 Hopkinson and Others v. Ferrand, 183 Hudson v. The Leeds and Bradford Railway Company, 50 Hutchinson v. Hurst, 168 Hyde v. The Corporation of Manchester, 288 Clements v. Franchon, 62 Benn v. Skidmore, 169 Benson v. Nettleford, 149 Cobbett v. Grey and Another, 99, 100 Cockburn v. Green, 58 Beresford (Lady) v. Driver, 307 Coe v. Platt, 66, 189 125 Berg v. Brown, 142, 165 Coglan v. Dixon and Another, 155 Bernard v. Sheldhan, 75 Colbourne and Others v. Dawson, 125 Berry v. Brown, 130 Coleman v. Mellersh, 45 Besant v. Cross, 95 Collett v. The London and North Bevan v. Umpleby, 62 western Railway Company, 75, 123 Biddulph v. Chamberlayne, 50, 124, Columbine v. Penhall, 65 Blair v. Jones, 42, 99, 146 Ormond, 75 Blakeley v. The Guardians of the Poor of the Huddersfield Union, 66, 100 Blamiere v. Hunt, 93 Bland v. Crowley, 83, 267 Cordy and Others v. Bentley, 279 Cort v. The Ambergate Railway Company, 125, 143, 179 and Another v. The Ambergate Railway Company, 62 Cowles v. Cashman, 40 Jones v. Hughes, 5 Morse v. Grove, 168 The Trustees of Thomas Loveland, esq. 147 The Trustees of Paving and Lighting the Hamlet of Poplar and Blackwall, 171 Tunstall, 251 William Violett, 309 Hanbury v. Hussey, 238 Hancock v. Amor, 229 and Others v. Cork and Bandon Wakefield, re Wakefield, 55 Hawkes v. The Eastern Counties Rail Ward, 189 way Company, 301 Hay v. Ayling, 26 Hellaby v. Weaver and Others, 271 Hellings v. Pocock and Others, 160 Helsham v. Blackwood and Another, 158, 166, 168 Henderson v. Eason, 112, 169 Farrell and Another v. Cawley and Heneage v. Galland, 159 Another, 168 Heron v. Hayes, 168 of St. Mary's, Willesden, 191 LAFONE v. ELLIS, 203 Laidlow v. Leach, 83 Lambert v. Smith, 144, 158, 167 Steiner, 146, 203 Lane v. Green, 1 Needham v. Bristow, 169 Carpenter, 274 Neve and Another v. Holland and Wife, 171 Newball v. Wilkins, 20 Newman t. Clutton, 294 Graham, 144 Newnham v. Stevenson and Wood, 5 160 and Others v. Dixon, 146, 159, North American Colonial Association of Ireland v. Morison, 271 Nowell v. Beck, 83 Nowlan v. Walsh, 292 and Another v. Hooper and An- OATES v. HUDSON, 65 other, 85 Latham v. Spedding, 94, 141 Speddy, 50 Lavey v. The Queen, 169 Lavisne v. Heathwaite, 127, 156, 158 Leechman v. Manser, 52, 143 Liddell v. Robinson, 61 Lieven v. Swansea Dock Company, 203 O'Brien v. Lord Kenyon, 53, 187 Ogilby r. Roberts, 168 Olander v. Vonrosen, 66 O'Reilly v. Smith, 280 Orr and Baggot (assignees of Purdy) E. Murdoch, 21 Owens v. Breese, 285 Heslop v. Baker and Others, 66, 189, Little (clerk) v. Lord Viscount Clements, Philips v. Evans, 87 212, 257 Hewitt v. Paterson, 158, 169 White, 66 Hewson v. Carolin, 296 Hicks v. Watson, 169 Hill v. The Mayor, Aldermen, and Burgesses of the Borough of Chester, 83 Spode, 168, 144 Hills v. M'Rae, 242 Hirst v. Hayley and Another, 53, 83 8, 9, 10 Phillips v. Higgins, 85 Phipps v. Daubney, 232 Page v. Watkins, 53, 146 Paravagna v. The London and NorthWestern Railway Company, 41 Parkinson v. Musgrove, 64 Paul v. Cox, 40 Peacock v. Jenkin, 41 Peacock v. Pescod, 66 Holloway v. The Queen, 85, 155, 160, Lowe v. Carpenter, 203 182 Glover v. The North Staffordshire Railway Company, 73 Glyna and Others v. Wilson, 160 Gooch v. Gooch, 274 Governor and Company of Chelsea and Another v. Isemonger, 130 and Others (assignees of Fulford) v. Erwood, 65 (assignees) v. Mason, 130 and Another (assignees of Sanders) v. Newnham, 66, 96, 169 Grand (The) Junction Canal Company v. Dimes, 305 Grant v. Small, 196 100 Howe v. Smith, 99 Hudson v. Roberts, 42, 146, 158 Hughes v. Clark, 64 Hull v. Hull, 235 Robinson, 169 Lucas v. Beall, 40 MALALIEU v. HODGSON, 37 Marshall v. The York, Newcastle, and Hunt v. The Great Northern Railway Massey v. Goodall, 155, 180 Company, 54, 63 Wray, 212 Hurst v. Hannay, 133, 165 Huskisson v. Bridge, 230 Hutchins v. Hutchins, 196 ILLINGWORTH, v. COOKE, 220 Thomas Hamilton, 172 and Irvine (Elizabeth) or Douglas Craig, 207 Mather v. Eckerley, 66 Mathew v. Brise, 249 Matlin v. Miller, 96 Jacobs (qui tam) v. Bryer and Others, Minn v. Stant, 290 203 James v. Littlewood, 62 Janes v. Whitbread and Others, 78, 79, 155, 127 Jeakes and Another (executors) v. M'Donald, 412 203 Moseley v. Hyde, 50, 94, 106 Moss and Another v. Ferrand, 183 Mount v. Hope, 79, 157, 168 Mountcashel (Earl of) v. Randall, 144 Davis and Others, 66, 130, 146, Muirhead v. Evans, 65 Murphy v. Keller and Others, 297 Harrison, 41 Murray v. Bohn, 93 KEARNEY AND ANOTHER v. The NASH v. CARMAN, 203 Philips v. Browne, 75 Phillips v. Ball, 42 Pillay and Another v. Richardson and Pinney v. Beesley, 75 Plasterers' Company . The Parish Clerks' Company, 246 Plus v. Howell, 99 Popham v. Smith, 52 Potts v. The Thames Haven, Dock, and Powell v. Reynolds, 192 Potter v. Baker, 22 Prettyman v. Colegrave, 50, 75 The Wolverhampton, Chester, and Birkenhead Junction Railway Company-Cooper's case, 237, 261 The Wolverhampton, Chester, and Birkenhead Junction Railway Company Holroyd's case, 251 The Worcester Corn Exchange Company, 57 • Watts's Settlement, 139 Reg. on the prosecution of Golding v. Caudwell, 160, 190 on the prosecution of the Great Western Railway Company v. The Inhabitants of Tilehurst, 142, 143 on the prosecution of Kennedy v. Alleyne and Others, 133 on the prosecution of Smith v. The Eastern Union Railway Company, 147 on the prosecution of Winter v. Chilcott, 147 Reg. v. The Ambergate, Nottingham, Bassett and Another, 155 Mary Ann Bennett, 135 W. Bills, 75 Bills and Others, 162 Blackstone, 165 Blackwell, 94 Booth, 147 Brumby, 261 Caldecott, 75 Charles Jennings, ex parte The Belfast and County Down Railway Company, 133 Keely, 212 Kelly, 212 Kennett and The South Eastern Railway Company, 142 Leeming, 231 The London and North-Western Railway Company, 94 Longhorne, 94, 106 McDonnell, 216, 246 M'Nevin, 287 Madden, 191 Maurice de Haber v. The Queen of Portugal, 40 The Marylebone Joint-Stock Bank Thomas Coward, 71 Thomas Pocock and Others, 91 William Potter, 136 The Printer and Publisher of the Morning Advertiser newspaper, 83, 85 The Printers and Publishers of the Bucks Chronicle newspaper, 133 The Printer and Publisher of the Morning Herald newspaper, 83, 85, 93 The Printer and Publisher of Punch, ex parte the Rev. Peter Dale, 160 The Recorder of Derby, 67 85, 170 Rowland and Others, 170 St. George's, Bloomsbury, 92 Sale, 165 Scaife and Another, 152, 143 Schlesinger, 94, 171 Shavington-cum-Gresley, 90 Salmon v. Dean, 205 Green, 83 Salaman v. Cohen, 42, 99 Samuel, The, 204 Sanderson v. Cooper, 66 Savoury v. Brown, 85 Sayset. Mason, 160 Scadding, E. W. plaintiff in error, L. Loarant, defendant in error, 225 Schmalz v. Avery, 27 Scholefield v. Andrews, 62, 125, 142, 140 Scott v. Lord Hastings, 220 Count de Reichburg, 96, 158 Seymour (Lord) v. Morrell, 139 Sharpe (clerk) v. All of Horbury, 96 Shelton v. Springett, 144, 169 Shepherd v. Geo. De la Poer Beresford, bart. 295 |