Page images
PDF
EPUB

-John M. Bayley, Wheaton Aston, Staffordshire, beerseller.
-H. P. Goodwin, Solihull, Warwickshire, tallow chandler.-
James Gibney, Nottingham, currier.

SCOTCH SEQUESTRATIONS.

George H. Stevens, Gullane, Haddington, innkeeper.—W. Lawson, Cupar, Fifeshire, merchant.

INSOLVENT DEBTORS

Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from

Process.

James Carter, Royal Mint-street, Whitechapel, Middlesex, dealer in coals.

Saturday, April 29.

Assignees have been appointed in the following Cases. Further particulars may be learned at the Office, in Portugalstreet, Lincoln's-inn-fields, on giving the Number of the Case.

Saturday, April 29.

Orders have been made, vesting in the Provisional Assignee
the Estates and Effects of the following Persons:—
(On their own Petitions).

Henry Weatherill, York, out of business, No. 77,349 C.; Thomas Todd, assignee.-Abel Skinner, Plymouth, Devonshire, sawyer, No. 77,590 C.; Isaac Lazarus, assignee.--John Cockfield, Kirby, Ravensworth, Yorkshire, farmer, No. 77,656 Thomas Blackmore, Southampton, baker, May 24 at 11, C.; Sophia Thorpe, assignee.-Richard Tindall Gray, York, County Court of Hampshire, at Portsmouth.-Wm. Robson, butcher, No. 77,795 C.; John Gray, assignee.-R. Glover, Garton-on-the-Wolds, Yorkshire, labourer, May 13 at half- Cheltenham, Gloucestershire, livery-stable keeper, No. 77,825 past 1, County Court of Yorkshire, at Great Driffield.-John C.; William Draper, assignee.-George Berry, Bridge-road, Davey, Tiverton, Devonshire, butcher, May 11 at 11, County Battersea, Surrey, baker, No. 64,304 T.; Wm. Henry Wells, Court of Devonshire, at Tiverton.-Thomas Harding, Bath, assignee.-Wm. Jubber Spurrier, Maddox-st., Regent-st., Somersetshire, brassfounder, May 13 at 11, County Court of Middlesex, wine merchant, No. 64,361 T.; Walter Butler, Somersetshire, at Bath.-James Sterland, Bath, Somerset- assignee.-George Prest, Middlesbrough-on-Tees, Yorkshire, shire, assistant apothecary, May 6 at 11, County Court of licensed victualler, No. 77,442 C.; Robert Heslop, assignee. Somersetshire, at Bath.-Arthur E. B. Durant, Boningale, Alexander Gordon John Bishop, Duke-st., ManchesterShropshire, gentleman, May 20 at 10, County Court of Shrop-square, Middlesex, clerk, No. 60,913 T.; Cornelius Sandershire, at Madeley.-M. R. Ashford, Cardiff, Glamorganshire, son, new assignee; William Robert Griesbach, late assignee, Out of business, May 19 at 10, County Court of Glamorgan- removed. shire, at Cardiff.-Wm. Ewins, Cardiff, Glamorganshire, hair dresser, May 19 at 10, County Court of Glamorganshire, at Cardiff-Samuel Charley, Llandaff, Glamorganshire, agricultural labourer, May 19 at 10, County Court of Glamorganshire, at Cardiff.-Morgan Thomas, Cardiff, Glamorganshire, mason, May 19 at 10, County Court of Glamorganshire, at Cardiff.-Thomas Douse, Clare, Suffolk, innkeeper, May 13 at 10, County Court of Suffolk, at Haverhill.-David Dean, Duncton, near Petworth, Sussex, blacksmith, May 12 at 12, County Court of Sussex, at Petworth.-H. Hurst, Petworth, Sussex, turnkey, May 12 at 12, County Court of Sussex, at Petworth.-G. W. Hurst, Pulborough, Sussex, out of business, May 12 at 12, County Court of Sussex, at Petworth.-W. Goble, Brighton, Sussex, carpenter, May 6 at 10, County Court of Sussex, at Brighton.-Wm. Gates, Brighton, Sussex, painter, May 6 at 10, County Court of Sussex, at Brighton-John Whillock, Kidlington, Oxfordshire, horse dealer, May 18 at half-past 11, County Court of Oxfordshire, at Woodstock.-Robert Saies, Haverfordwest, Pembrokeshire, licensed dealer in ale, May 22 at 11, County Court of Pembrokeshire, at Haverfordwest.-Jas. Slythe, Witham, Essex, stonemason, May 23 at 12, County Court of Essex, at Maldon.-George Sale, Castle Hedingham, Essex, innkeeper, May 27 at 10, County Court of Essex, at Halstead.-William Woolhouse, Ashford, Kent, grocer, May 11 at 10, County Court of Kent, at Folkestone.-Thomas Court, Ipswich, Suffolk, linendraper, May 12 at 9, County Court of Suffolk, at Ipswich.

The following Persons, who, on their several Petitions filed in the Court, have obtained Interim Orders for Protection from Process, are required to appear in Court as hereinafter mentioned, at the Court-house, in Portugal-street, Lincoln's Inn, as follows, to be examined and dealt with according to the Statute:

May 17 at 10, before the CHIEF COMMISSIONER. Robert Jack, Crozier-street, Palace New-road, Lambeth, Surrey, slater.-John Bunker, Crown-court, King-street, St. James's, Middlesex, gentleman's servant.

May 17 at 10, before Mr. Commissioner MURPHY. Alfred James, Green-street, Bethnal-green, Middlesex, leather seller.-Samuel Cottrell, Satchwell-street, Bethnalgreen-road, Middlesex, cigar-box maker.- Evan Meredith, Tyler-st., Regent-st., Middlesex, dealer in milk.-J. Lunn, Oxford-st., Whitechapel-road, Middlesex, clerk to the AusEralian Mining Company.-Charles Messer, Charlotte-street, Fitzroy-square, Middlesex, out of business.

May 18 at 11, before Mr. Commissioner PHILLIPS. Jas. Seedsman the elder, Roadside, Whitechapel, Middle. ex, carpenter.—Stephen Goddard, George-st., Bloomsburyare, Middlesex, out of business.-Randal Sutton, Ferryad, Millwall, All Saints', Poplar, Middlesex, grocer.-F. Pitt Baker, Drury-lane, Middlesex, beer-shop keeper.-Wm. Henry Edwards, Woodbine-cottage, Acton-lane, Turnhamreen, Middlesex, teacher of drawing.-Wm. Thompson, Prolence-place, Kentish-town, Middlesex, corn chandler.

Wm. Edwards, Albert-st., High-st., Shadwell, Middlesex, mate of the barque Royalist: in the Debtors Prison for London and Middlesex.-John Charles Roeder, Underwoodplace, City-road, Middlesex, out of business: in the Debtors Prison for London and Middlesex.-Richard Hathaway, Alfred-place, Maiden-lane, Islington, Middlesex, grocer in the Debtors Prison for London and Middlesex.-H. Heffer, Grafton-street East, Tottenham-court-road, Middlesex, ladies' boot maker: in the Debtors Prison for London and Middle-Robert Anderson Rust, Regent-st., Portland-place, Middlesex, pianoforte maker: in the Debtors Prison for London and Middlesex.--John Taylor, Fish-st.-hill, London, out of business: in the Debtors Prison for London and Middlesex.

sex.

John Single, St. Dunstan's-road, Stepney, Middlesex, builder: in the Debtors Prison for London and Middlesex.George Moss, South-place, New-road, Middlesex, general dealer: in the Debtors Prison for London and Middlesex.John Hetherington, Westbourne-grove North, Bayswater, Middlesex, out of business: in the Queen's Prison.-John Paterson, Green-st., Leicester-square, Middlesex, baker: in the Debtors Prison for London and Middlesex.-Benjamin Gardner, Hand-court, Bedford-row, Middlesex, provision dealer in the Debtors Prison for London and Middlesex.Joseph Freestone, Kemp's-row, Pimlico, Middlesex, foreman to a carman: in the Debtors Prison for London and Middlesex.-John Wilson, Shudehill, Manchester, clothes dealer and cleaner: in the Gaol of Lancaster.-John Hurst, Bolton-le-Moors, Lancashire, joiner and coal dealer: in the Gaol of Lancaster.-Jane Luttrell, Liverpool, licensed victualler in the Gaol of Lancaster.-Edward Ibbotson, Smithfield, Yorkshire, farmer: in the Gaol of York. - Joseph M'Knight, Salford, Lancashire, out of business: in the Gaol of Lancaster.-James Bamber, Preston, Lancashire, out of business in the Gaol of Lancaster.-John Stout, Liverpool, retail dealer in ale: in the Gaol of Lancaster.-Richard Shaw, John Heath, Gorton-brook, near Manchester, retail beerseller: Preston, Lancashire, beer seller in the Gaol of Lancaster.in the Gaol of Lancaster.-Joseph Woodhouse, Manchester, grocer: in the Gaol of Lancaster. John Sheldon, Manchester, brewer: in the Gaol of Manchester.-James Bull, Norwich.-Henry Page, Heathfield, Sussex, miller: in the Little Walsingham, Norfolk, dealer in flour: in the Gaol of Gaol of Lewes.-Wm. Pinnington, Houghton Moss, Bunbury, Cheshire, out of business: in the Gaol of Chester.- William Upton, Manchester, out of business in the Gaol of Lancaster. -Thos. Higham, Longsight, near Manchester, out of business: in the Gaol of Lancaster.-John Jones, Wolverhampton, Staffordshire, grocer in the Gaol of Coventry.-Samuel Gear, Hamilton-terrace East, New Cross-road, Deptford, Kent, plumber in the Gaol of Maidstone.-George R. Hopkins, Kingswinford, Staffordshire, national schoolmaster: in the Gaol of Stafford.-Samuel Davies, Bristol, out of business :

:

in the Gaol of Bristol.-Wm. Walker, Pudsey, near Leeds, Yorkshire, cloth weaver: in the Gaol of York.-J. Clapham, Otley, Yorkshire, gardener: in the Gaol of York.-James Shuttleworth, Bradford, Yorkshire, beer-house keeper: in the Gaol of York.-Lancelot A. Hesling, Leeds, Yorkshire, quarryman: in the Gaol of York.-Henry Whitehead, Thornhill Lees, near Dewsbury, Yorkshire, out of business: in the Gaol of York.-Thos. Lupton, Bradford, Yorkshire, assistant to a rag dealer: in the Gaol of York. - Samuel Taylor, Halifax, Yorkshire, farm labourer: in the Gaol of York.

TO SOLICITORS.-WANTED, a respectable and in-
in the formation of a Public Company of importance and magnitude.
Apply, by letter, to A. B. W., Jurist Office, No. 3, Chancery-lane,
London.

fluential SOLICITOR or FIRM to attend to the Legal Business

TO SOLICITORS.-A Gentleman, admitted in 1844, and

established in an old and highly respectable practice, is desirous of entering into PARTNERSHIP with a SOLICITOR wishing to retire from the active business of the Profession. Address G. H., at Mr. Moulton's, Law Stationer, Chancery-lane.

This day is published, in 12mo., price 10s. 6d. cloth,

MANUAL of CIVIL LAW; or, Examination in the

Institutes of Justinian: being a Translation of and Commentary on that Work. With an Introduction on the History of the Roman Law. By P. CUMIN, M. A., of Balliol College, Oxford, Barrister at Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

Law.

Thomas Wright, Birmingham, carter: in the Gaol of Co-A
ventry.-George Rackstrow, Holywell-street, Oxford, soli-
citor in the Gaol of Oxford.-John Hutchin the younger,
Norwich, out of business: in the Gaol of Norwich.-Thomas
Pitt, Brampton Abbotts, Herefordshire, sawyer in the Gaol
of Hereford.-John Craven the younger, Lidget, near Keigh-
ley, Yorkshire, joiner: in the Gaol of York.-Thos. Thorpe,
Milns Bridge, near Huddersfield, Yorkshire, cloth miller: in
the Gaol of York.-George Bretherick the younger, Bramley,
near Leeds, Yorkshire, cloth manufacturer: in the Gaol of
York.-Henry Tasker, Dore, Derbyshire, publican: in the
Gaol of York.-Wm. Richardson, York, out of business: in

the Gaol of York. Henry Bairstow, York, out of business:
in the Gaol of York.—James Bannister, Bramley, near Leeds,
Yorkshire, cabinet maker: in the Gaol of York.-J. Holroyd,
Middlesbrough, Yorkshire, licensed victualler: in the Gaol of
York.-Alexander Heslin, Bramley, near Leeds, Yorkshire,
cloth manufacturer.-John Webster, Leeds, Yorkshire, shoe-
maker in the Gaol of York.-James Henry S. Wildsmith,
Wolverhampton, Staffordshire, manager of chemical works:
in the Gaol of Stafford.

[ocr errors]

The following Prisoners are ordered to be brought up before the Court, in Portugal-street, to be examined and dealt with according to the Statute:

May 16 at 10, before Mr. Commissioner MURPHY. Francis John Attfield, Waterloo-place, Shepherd's-bush,

Just published, in 12mo., price 4s. 6d. cloth,

THE LUNACY REGULATION ACT, 1853, and the
GENERAL ORDERS in LUNACY; with an Introduction and a
copious Index, (forming a Supplement to "The Outline of the Practice
in Lunacy"). By JOSEPH ELMER, of the Office of the Masters in
Lunacy.
Stevens & Norton, Bell-yard.

LA

AW REVIEW, May, Price 58.-1. The Laws relating to Women.-2. M. Felix.-3. Law Periodical.-4. Pothier on Contracts.-5. Statute-law Commission.-6. Recent Reforms in the Court of

Chancery.-7. Tribunals of Commerce.-8. Judges and the Criminal
Code.-9. Trust Companies.-10. Private-bill Legislation.-11. Trans-
fer of Land.-12. Bankruptcy Commission.-13. Laws of War.-Post-
script, Session 1854, &c.
Stevens & Norton, Bell-yard.

A

This day is published, in 12mo., price 10s. 6d. cloth,

MANUAL of the LAW of MARITIME WARFARE;

embodying the Decisions of Lord Stowell and other English
nent Jurists. With an Appendix of the Official Documents and Cor-
Judges, and of the American Courts, and the Opinions of the most emi-
respondence in relation to the present War. By WILLIAM HAZLITT
and HENRY PHILIP ROCHE, Esqrs., Barristers at Law.
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

SUPPLEMENT TO WISE'S COMMON-LAW PROCEDURE ACT.
Recently published, in 12mo., price 3s. 6d. sewed,

Middlesex, brick maker. James Wolfe Charlton, Regent- A SUPPLEMENT to the COMMON-LAW
square, Gray's-inn-road, Middlesex, clerk in holy orders.

May 17 at 10, before the CHIEF COMMISSIOner.
Wm. Fisher, York-place, Vauxhall-bridge-road, Pimlico,
Middlesex, accountant.-Thomas C. Watts, Tennison-street,
York-road, Lambeth, Surrey, gentleman.

Adjourned Hearing.

PRO

CEDURE ACT, 15 & 16 Vict. c. 76, containing the NEW RULES of PRACTICE, Table of Fees and Costs, Regulations respecting the Admission of Attornies, the Cases to the end of Hilary Term, and a General Index to the whole. By EDWARD WISE, Esq., of the Middle Temple, Barrister at Law. The Work complete, price 138. in cloth boards. S. Sweet, 1, Chancery-lane.

Just published, in 8vo., price 8s. 6d.,

John C. Catling, Marlborough-terrace, Marlborough-road, A TREATISE on the LAW of WILLS, embodying the Queen's-road, Dalston, Middlesex, architect.

The following Prisoners are ordered to be brought up before a Judge of the County Court, to be examined and dealt with according to the Statute:—

At the County Court of Sussex, at LEWES, May 16. Charles Wakeford, Brighton, out of business.

At the County Court of Devonshire, at EXETER, May 16 at 10.

Susanna Sherwill, widow, Crediton, innkeeper-J. Pease,
Plymouth, hatter.

At the County Court of Staffordshire, at STAFFORD, May 17
at 11.
William Plant, Dresden, near Longton, out of business.-
George R. Hopkins, Kingswinford, national schoolmaster.
At the County Court of Gloucestershire, at BRISTOL,
May 18 at half-past 10.

Edwin Newman, Weston Zoyland, Somersetshire, miller.
At the County Court of Norfolk, at the Shirehall,
NORWICH CASTLE, May 19 at 10.

John Hutchin the younger, Norwich, out of business.
At the County Court of Norfolk, at NORWICH, May 19.
James Bull, Little Walsingham, dealer in flour.

COUNTY COURTS.-It appears that the Law Officers of the Crown have given an opinión to the effect that it is not necessary that the instrument of appointment of a county court judge should be stamped. It is presumed, therefore, that such of the judges as have had their appointments stamped, in compliance with the orders of the Treasury, will have their money returned to them.

latest Decisions in relation thereto. With an Appendix, containing the Succession Duty Act. By ARTHUR PARSONS, Esq. London: Simpkin, Marshall, & Co., Stationers' Hall-court.

LONDON and PROVINCIAL LAW ASSURANCE

SOCIETY.

[blocks in formation]

Orders for THE JURIST given to any Newsman, or letter (postpaid) sent to the Office, No. 3, CHANCERY-LANE, or to STEVENS & NORTON, 26, BELL-YARD, LINCOLN'S-INN, will insure its punctual delivery in London, or its being forwarded on the evening of publication, through the medium of the Post Office, to the Country.

Printed by HENRY HANSARD, PRINTER, residing at No. 14.

Park Square, Regent's Park, in the Parish of St. Marylebone, in the County of Middlesex, at his Printing Office, situate in Parker Street, Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, LAW BOOK SELLER and PUBLISHER, residing at No. 41, Great Coram Street, in the Parish of St. George, Bloomsbury, in the County of Middlesex.Saturday, May 6, 1854.

in the Parish of St. Giles-in-the-Fields, in the County aforesaid; and

The Jurist

No. 905-VOL. XVIII.

MAY 13, 1854.

NAMES OF THE CASES REPORTED IN THIS NUMBER.
COURT OF CHANCERY.

In re The Sea Fire and Life Insurance Company, and
in re The Joint-stock Companies Winding-up Acts,
1848 and 1849, ex parte Greenwood.-(Joint-stock
Companies Registration Act-Liabilities of Part-
ners not limited-Official Manager-Call for Costs) 387
COURT OF APPEAL IN CHANCERY.
Wing v. Harvey.-(Policy of Insurance-Local Agent,
Authority of-Forfeiture, Waiver of)......

VICE-CHANCELLOR STUART'S COURT.
Coldwell v. Holme, ex parte Lubbock.-(Charitable
Bequest-Name of Institution, Misdescription of
-Cy-près)

VICE-CHANCELLOR WOOD'S COURT.
The Earl of Shrewsbury v. The Countess of Shrews-
bury.-(Vendor and Purchaser-Binding Contract
-Will-Construction) ...

.....

COURT OF QUEEN'S BENCH.

In re The Surveyors of the Highways of Tryddyn, ex parte Harrison. - (Highway - Indictment for

ADVERTISEMENTS.

394

396

397

PRICE 18.

COURT OF QUEEN'S BENCH-(Continued).
Non-repair-Costs-Distress-Surveyor-5 & 6
Will. 4, c. 50, ss. 95, 103)...

399

401

Reg. v. The Inhabitants of Sandon.-(Non-repair of
Highway-Indictment preferred at Assizes-Cer-
tiorari-5 & 6 Will. 4, c. 50, ss. 95, 107).
Reg. v. The Inhabitants of Bengeworth.-(Settlement
-Payment of Rates-Authority from Pauper).. 402
COURT OF COMMON PLEAS.

Taylor v. Best.-(Privilege of an Ambassador from
Suit-7 Ann. c. 12-Public Minister).......... 402
COURT OF EXCHEQUER.

Allum v. Boultbee.-(New Trial-Misconduct of Jury
-Verdict under 201.)..

CROWN CASES RESERVED.

20

406

[blocks in formation]

previous date, for unpaid purchase money, when the

The Scale of Charges for Advertisements will in future be receipt of the purchase money is acknowledged on the

ollows:

For 2 lines or under.

3

5

6

£ s. d.
020

0 2 6

0

And so on, at the rate of 6d. per line.

28334

0

0

6

0

0

A discount, proportioned to the number of repetitions, will be allowed upon all Advertisements ordered for three or More insertions.

LONDON, MAY 13, 1854.

Ir is a well-known rule of law, "qui prior est tempore potior est jure ;" and Courts of equity, professing to follow the law, have adopted and acted upon it, with this qualification, viz. that where the equity of one of two claimants is better than that of the other, the legal zule shall not prevail. The various modes of enunciating the rule are perhaps open to some criticism; and in the recent case of Rice v. Rice, (2 Drew. 73), when its application to a very interesting and novel point was the subject of great discussion, Sir R. T. Kindersley, V. C., said, that to lay down the rule with perfect accuracy, it should be stated in some such form as this-"As between persons having only equitable interests, if their equities are in all other respects equal, priority of time gives the better equity; or qui prior est tempore potior est jure."

The question discussed in Rice v. Rice was one which had never previously been actually decided, viz. whether an equitable mortgagee by deposit of title deeds is entitled to priority over a vendor claiming a lien, of VOL. XVIII. R

conveyance. The question arose in Nairne v. Prowse,
(6 Ves. 752), but the case was ultimately disposed of
upon another point.

A case, however, somewhat analogous came before
Lord Northington, who held that a declaration of trust
in favour of an incumbrancer was tantamount to an

actual assignment, unless a subsequent incumbrancer,
bonâ fide and without notice, procured an assignment;
and that the custody of the deeds respecting the term,
with a declaration of the trust of it in favour of a
second incumbrancer, was equivalent to an actual as-
signment, and therefore gave him an advantage over
the first incumbrancer, which equity would not take
from him. (Stanhope v. Lord Verney, Co. Litt. 290. b.,
note (1), s. 15; S. C., 2 Eden, 81).

The only difference between the case before Lord Northington, and the case of a vendor's lien with a subsequent deposit of the title deeds, appears to be, as observed by Lord St. Leonards in his book upon Vendors and Purchasers, (vol. 2, p. 881, 11th ed.), that in the former case both the trusts were declared by the parties; whereas in the latter the trust or lien is raised in equity, and not by express declaration, and the trust or equitable mortgage is generally created by the declara tion of the parties; which circumstance, if it turn the scale either way, is certainly in favour of the mortgagee, who has, equally with the vendor, an equity, and does not, like the vendor, claim contrary to his own acknowledgment by his conveyance, that the money was paid, which the mortgagee no doubt gave credit to. His Lordship then adds, "that upon the authority of Stan

[graphic][merged small]

hope v. Lord Verney, we may, perhaps, venture to say that an equitable mortgage by deposit of deeds to a person, bonâ fide and without notice, will give him a preferable equity, and will overreach the vendor's equitable lien on the estate for any part of the purchase money."

The

entitled to priority-in other words, adopting the rule as enunciated by the Vice-Chancellor, the equitable interests of the two claimants being in all other respects equal, priority of time gave the better equity.

Correspondence.

THE COUNTY COURTS.

In the case of Rice v. Rice the vendor executed an assignment of leaseholds, which recited the payment of the whole purchase money, and had an indorsement 66 TO THE EDITOR OF THE JURIST." of the common receipt clause; at the same time the other title deeds were delivered over to the purchaser. SIR,-"A County Court Judge" has answered my The whole of the purchase money was not paid, the strictures on his order in a tone which shews that vendor, upon the promise of the vendee to pay in a they do not touch him very nearly, and that in point of temper at least he is judicially qualified; but either few days, allowing the payment to stand over. he wants skill as an advocate, or his cause is indeday after the execution of the deed the purchaser depo- fensible. I condemned the limiting of the plaintiff to a sited the assignment and title deeds, with a memoran- recovery of his debt by instalments. The Judge answers dum, to secure an antecedent debt, and then absconded-first, that sometimes a plaintiff asks for payment without paying either the vendor or the equitable mortgagee. Sir R. T. Kindersley, V. C., held that the equitable mortgagee was entitled to priority, upon the ground that he had the better equity. His Honor said that it appeared to him, that in all cases of contest between parties having equitable interests, the conduct of the parties, and all the circumstances, must be taken into consideration, in order to determine which had the better equity; that everything in the present case seemed in favour of the defendant, the equitable mortgagee. The vendors, when they sold the estate, chose to leave part of the purchase money unpaid, and yet executed and delivered to the purchaser a conveyance, by which they declared in the most solemn and deliberate manner, both in the body and by a receipt indorsed, that the whole purchase money had been duly paid. They might still have required that the title deeds should remain in their custody, with a memorandum, by way of equitable mortgage, as a security for the unpaid purchase money; and if they had done so, they would have been secure against any subsequent equitable incumbrance; but that they did not choose to do, and the deeds were delivered to the purchaser.

Thus they voluntarily armed the purchaser with the means of dealing with the estate as the absolute legal and equitable owner, free from every shadow of incumbrance or adverse equity. The mortgagee was guilty of no negligence, as he was justified in trusting to the security of the deposit, without the slightest obligation to go and inquire of the vendors whether they had received all the purchase money, when they had already given their solemn assurance in writing that they had received every shilling of it, and had conveyed the estate and delivered over the deeds. The defendant had omitted nothing that was necessary to constitute a complete and effectual equitable mortgage. The case of Rice v. Rice does not conflict with Mackreth v. Symmons, (15 Ves. 329), decided by Lord Eldon, as in that case the contest lay between a person having a lien for unpaid purchase money, and a person who had subsequently obtained from the purchaser a mere contract for a mortgage, but without having any title deeds handed over to him. In that case, therefore, the equitable mortgagee had not a better equity than the person claiming the vendor's lien, who was therefore

by instalments; secondly, that immediate payment is sometimes ordered; thirdly, that debtors should not be kept in prison at the public expense; and, fourthly, that it is hard to sell up a debtor of the labouring class. Answers Nos. 1 and 2 do not concern me: I only complained of orders for deferred payment against the plaintiff's wish. To No. 3 I reply, that any objection to imprisonment for debt generally must apply as much to imprisonment for disobeying an order for deferred payment as to any other case. But what I ask for is immediate execution against the goods. If that is granted, I have no objection to protect the person on the terms of payment by reasonable instalments. debtor and another which should entitle the former to 4. I cannot see any distinction between a labouring peculiar indulgence. On the contrary, the lower a man is before he falls, the easier is his fall. A labourer or an artisan, when overtaken by individual distress, as distinguished from a calamity affecting his class, (which an order for payment by instalments would not remedy), can always get on his feet, or it is his own fault. But however this may be, I repeat that the duty of a debtor is to pay his debt according to his contract: that it is impossible for any judge, on the hearing of a plaint, to ascertain the real circumstances, character, and expectations of the debtor; and even if the facts were ascertained, there is not one judge in. twenty whose discretion in the matter of indulgence is to be trusted: that while strict justice is clearly the right of the creditor, it is possible that the hardship to him of deferring his remedy may be greater than that of enforcing it would be to the debtor; and that the right of granting indulgence resides exclusively in the for it. As for vindictive creditors, one meets with creditor, who alone can know whether there is ground them in the novels and plays of the last century, but I never heard of one in actual life. We see occasionally a martyr in the cause of public justice, who will be at some cost of time and money to punish a fraudulent debtor, but such examples are rarer than I could wish

them to be.

In support of my assertion that the administration of justice in the county courts is not unfrequently biassed by unworthy motives, I may appeal to the experience of your readers. Not many days ago I mentioned, in the. rience in various county courts, a flagrant case of inpresence of four lawyers, each of considerable expe justice committed by a local judge in favour of a boon companion. I mentioned neither name nor place. One of my auditors said, "That must be X. ;" another said, "It is just what Y. would have done;" and a third the hero of my tale was W. added, "Both X. and Z. are quite capable of it." But

I believe that barristers are not in the habit of treating county court judges with disrespect. If in

stances to the contrary occur, they only furnish reason for regretting that the average character of the county courts is not so high as to render such scenes as impossible there as they are in the superior courts.

Lastly, when I am told that the superior judges make more blunders than those of the counties, and that the more expensive litigation of important causes is due, not to the magnitude of the stake, but to the inferiority of the tribunal, (for that is the issue), I perceive that your correspondent's coolness begins to fail, and take the hint to preserve my own by closing

the discussion.

COURT OF QUEEN'S BENCH.

T.

[blocks in formation]

To be London Commissioners.

William Leverton Donaldson, 18, Southampton-street,
Bloomsbury-square.

Thomas Edlyne Tomlins, 17, Lincoln's-inn-fields.
William Sharp, 2, Verulam-buildings, Gray's-inn.
Edward Lambert, 7, John-street, Bedford-row.
Andrew Van Sandau, 27, King-street, Cheapside, City.
William Vizer, 48 A, Moorgate-street, City.
Frederick Wickings Smith, 63, Lincoln's-inn-fields.
Thomas Parker, 10, Lincoln's-inn-fields.
Samuel Steward, 59, Lincoln's-inn-fields.
Thomas Jones Mawe, 4, New Bridge-street, City.
Thomas Kersey Edwards, 3, Lawrence Pountney-hill,
City.

Charles Dod, 10, John-street, Oxford-street.
George Hensman, 25, College-hill, City.
Francis Impey, 12, Bedford-row.

Philip Rose, 3, Park-street, Westminster.

Henry Elland Norton, 3, Park-street, Westminster.

John Iliffe, 2, Bedford-row.

Henry Shephard Law, 23, Bush-lane, City.

London Gazettes.

FRIDAY, MAY 5.

BANKRUPTS.

GEORGE NATHANIEL GRANE, Chailey, Sussex, surgeon and apothecary, May 13 at half-past 12, and June 16 at half-past 1, Court of Bankruptcy, London: Off. Ass. Cannan; Sol. Fesenmeyer, 23, Bedford-row.-Petition filed JOSEPH BAILEY MILLINGTON, Marlborough-place, May 3. Harrow-road, Paddington, Middlesex, builder, May 16 at 1, and June 15 at 2, Court of Bankruptcy, London: Off. Ass. Bell; Sol. Trail, Hare-court, Temple.-Petition filed April 28. JOSEPH BUHRER, Holborn-hill, London, fancy warehouseman, dealer and chapman, (now a prisoner in Whitecross-street Prison), May 15 and June 14 at 1, Court of Bankruptcy, London: Off. Ass. Stansfeld; Sols. Clutton & Ade, 48, High-street, Southwark.-Petition filed May 4. THOMAS HUGHES, Wednesbury, Staffordshire, innkeeper, plumber, glazier, and painter, May 20 and June 10 at 10, District Court of Bankruptcy, Birmingham: Off. Ass. Bittleston; Sols. Duignan & Hemmant, Walsall; E. & H. Wright, Birmingham.-Petition dated May 3. JAMES BOWERMAN, Gloucester, common brewer, May 16 and June 13 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Acraman; Sol. Smith, Gloucester.Petition filed April 28.

THOMAS BENJAMIN KING, York, manufacturer of paper hangings, dealer and chapman, May 18 and June 16 at 11, District Court of Bankruptcy, Leeds: Off. Ass. Young; Sols. Richardson & Co., York; Bulmer, Leeds. - Petition dated April 24. WILLIAM WOOD, Stalybridge, Lancashire, smith, hardware manufacturer, dealer and chapman, May 19 and June 16 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Hernaman; Sol. Brooks, Ashton-under-Lyne.-Petition filed April 29.

JOHN HUNTER, Manchester, wholesale tea and coffee merchant, (under the style of John Hunter & Co.), May 22 and June 14 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Fraser; Sols. Worthington & Earle, Manchester.-Petition filed May 3.

MEETINGS.

W. Burrell, Thornes-lane, Wakefield, Yorkshire, merchant, May 30 at half-past 12, District Court of Bankruptcy, Leeds, ch. ass.-Joseph Grave, Manchester, warehouseman, May 23 at 12, District Court of Bankruptcy, Manchester, last ex.William Harknett, Barking, Essex, builder, May 17 at 12, Court of Bankruptcy, London, aud. ac.-Valentine H. Gay, Blackfriars-road, Surrey, and Strand, Middlesex, tailor, May 17 at 12, Court of Bankruptcy, London, aud. ac.-H. Kirk, Portland-terrace, St. John's-wood, Middlesex, hay dealer, May 17 at 12, Court of Bankruptcy, London, aud ac.-Fred. Bhear, George-yard, Lombard-street, London, hotel keeper, May 15 at 12, Court of Bankruptcy, London, aud. ac.—Joseph Goble, Shoreham, Sussex, miller, May 15 at 12, Court of Bankruptcy, London, aud. ac.; May 24 at half-past 2, div.R. N. Newton and T. G. Payne, New Park-st., Southwark, Surrey, gas engineers, May 19 at 12, Court of Bankruptcy,

Joseph Ivimey, 30, Southampton-buildings, and 1, London, aud. ac.-G. Alcock, Manchester, draper, May 17 at

Ampthill-square, Hampstead-road.

John Casley, 31, Guildford-street, Russell-square.
Edward Mackeson, 59, Lincoln's-inn-fields.
Richard Horn, 78, King William-street, City.

To be Commissioners in England.

Lawrence Burd, Shrewsbury, Shropshire.
Thomas Collins, Bury St. Edmunds, Suffolk.
Frederick Hinton, Lyme Regis, Dorsetshire.
Henry William Penniger, Westbury, Wiltshire.
Alfred Clark, Moulton, Lincolnshire.

Frederick Morehouse Metcalfe, Wisbeach, Cambridgeshire.

William Sutton Page, Stroud, Gloucestershire.

12, District Court of Bankruptcy, Manchester, aud. ac.-R. A. Dorrington, Manchester, woollen cloth merchant, May 17 at 12, District Court of Bankruptcy, Manchester, aud. ac.Isaac Fineberg, Manchester, jeweller, May 16 at 12, District Court of Bankruptcy, Manchester, aud. ac.-. - John Gray, Hulme, Manchester, butcher, May 16 at 12, District Court of Bankruptcy, Manchester, aud. ac.; May 30 at 12, div.— Henry H. King, Bristol, bookseller, May 18 at 11, District Court of Bankruptcy, Bristol, aud. ac.; May 29 at 11, div.Samuel G. M. Scowen, Wood-street, Cheapside, London, warehouseman, May 17 at 2, Court of Bankruptcy, London, div. Francis Adamson, Bond-court, Walbrook, London, merchant, May 27 at 1, Court of Bankruptcy, London, div.

Davis Fraser, Little Tower-street, London, shipowner, May 27 at half-past 1, Court of Bankruptcy, London, div.Thomas Lumley, Gutter-lane, Cheapside, London, merchant, May 29 at 12, Court of Bankruptcy, London, fin. div.

« PreviousContinue »