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--John M. Bayley, Wheaton Aston, Staffordshire, beerseller. James Carter, Royal Mint-street, Whitechapel, Middlesex,

-H. P. Goodwin, Solihall, Warwickshire, tallow chandler.- dealer in coals.
James Gibney, Nottingham, currier.

Saturday, April 29.

Assignees have been appointed in the following Cases. Pur. George H. Stevens, Gullane, Haddington, innkeeper.-W. ther particulars may be learned at the Office, in Portugal. Lawson, Cupar, Fifeshire, merchant.

street, Lincoln's-inn-fields, on giving the Number of the

Case. INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, Thomas Todd, assignee.- Abel Skinner, Plymouth, Devon

Henry Weatherill, York, out of business, No. 77,349 C.; and have obtained an Interim Order for Protection from shire, sawyer, No. 77,590 C. ; Isaac Lazarus, assignee. --- John Process.

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-stu, 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

Saturday, April 29. dresser, May 19 at 10, County Court of Glamorganshire, at Orders have been made, vesting in the Provisional Assignee Cardiff.—Samuel Charley, Llandafl, Glamorganshire, agricul.

the Estates and Effects of the following Persons:tural labourer, May 19 at 10, County Court of Glamorgan. shire, at Cardiff.--Morgan Thomas, Cardiff, Glamorganshire,

(On their own Petitions). mason, May 19 at 10, County Court of Glamorganshire, at

Wm. Edwards, Albert-st., High-st., Shadwell, Middlesex, Cardiff.- Thomas Douse, Clare, Suffolk, innkeeper, May 13 mate of the barque Royalist : in the Debtors Prison for at 10, County Court of Suffolk, at Haverhill.--David Dean, London and Middlesex.-John Charles Roeder, Underwood. Dancton, near Petworth, Sussex, blacksmith, May 12 at 12, place, City-road, Middlesex, out of business : in the Debtors County Court of Sussex, at Petworth.-H. Hurst, Petworth, Prison for London and Middlesex.-Richard Hathaway, Sussex, turnkey, May 12 at 12, County Court of Sussex, at Alfred-place, Maiden-lane, Islington, Middlesex, grocer : in Petworth.-G. W. Hurst, Pulborough, Sussex, out of busi- the Debtors Prison for London and Middlesex.-H. Heffer, ness, May 12 at 12, County Court of Sussex, at Petworth.-W. Grafton-street East, Tottenham-court-road, Middlesex, ladies' Goble, Brighton, Sussex, carpenter, May 6 at 10, County boot maker : in the Debtors Prison for London and Middle. Court of Sussex, at Brighton.-Wm. Gates, Brighton, Sus- sex.-Robert Anderson Rust, Regent-st., Portland-place, Mid. sex, painter, May 6 at 10, County Court of Sussex, at Brigh- dlesex, pianoforte maker : in the Debtors Prison for London 01. - John Whillock, Kidlington, Oxfordshire, horse dealer, and Middlesex.---John Taylor, Fish-st.-hill, London, out of May 18 at half past 11, County Court of Oxfordshire, at business : in the Debtors Prison for London and Middlesex. Woodstock.- Robert Saies, Haverfordwest, Pembrokeshire, -John Single, St. Dunstan's.road, Stepney, Middlesex, licensed dealer in ale, May 22 at 11, County Court of Pem- builder : in the Debtors Prison for London and Middlesex. brokeshire, at Haverfordwest.–Jas. Slythe, Witham, Essex, George Moss, South-place, New-road, Middlesex, general stonemason, May 23 at 12, County Court of Essex, at Mal dealer : in the Debtors Prison for London and Middlesex.don. --George Sale, Castle Hedingham, Essex, innkeeper, John Hetherington, Westbourne-grove North, Bayswater, May 27 at 10, County Court of Essex, at Halstead.-William Middlesex, out of business : in the Queen's Prison.-- John Woolhouse, Ashford, Kent, grocer, May 11 at 10, County Paterson, Green-st., Leicester-square, Middlesex, baker: in Court of Kent, at Folkestone. - Thomas Court, Ipswich, Suf- the Debtors Prison for London and Middlesex.— Benjamin folk, linendraper, May 12 at 9, County Court of Suffolk, at Gardner, Hand-court, Bedford-row, Middlesex, provision Ipswich.

dealer : in the Debtors Prison for London and Middlesex.The following Persons, who, on their several Petitions filled in Joseph Freestone, Kemp's-row, Pimlico, Middlesex, fore.

man to a carman : in the Debtors Prison for London and the Court, have obtained Interim Orders for Protection from Middlesex.-John Wilson, Shudebill, Manchester, clothes Process, are required to appear in Court as hereinafter dealer and cleaner : in the Gaol of Lancaster.--John Hurst, mentioned, at the Court-house, in Portugal-street, Lin. Bolton-le-Moors, Lancashire, joiner and coal dealer : in the coln's Inn, as follows, to be eramined and dealt with Gaol of Lancaster.- Jane Luitrell, Liverpool, licensed vicaccording to the Statute :

tualler: in the Gaol of Lancaster.-Edward Ibbotson, SmithMay 17 at 10, before the Chief CoMMISSIONER. field, Yorkshire, farmer : in the Gaol of York. – Joseph Robert Jack, Crozier-street, Palace New-road, Lambeth, M*Knight, Salford, Lancashire, out of business : in the Gaol Surey, slater. --John Bunker, Crown-court, King-street, of Lancaster. ---James Bamber, Preston, Lancashire, out of St. James's, Middlesex, gentleman's servant.

business : in the Gaol of Lancaster.-John Stout, Liverpool, May 17 at 10, before Mr. Commissioner MURPHY.

retail dealer in ale : in the Gaol of Lancaster.- Richard Shaw, Alfred James, Green-street, Bethnal-green, Middlesex, John Heath, Gorton-brook, near Manchester, retail beerseller :

Preston, Lancashire, beer seller : in the Gaol of Lancaster.leather seller. Samuel Cottrell, Satchwell-street, Bethnal. in the Gaol of Lancaster.- Joseph Woodhouse, Manchester, green-road, Middlesex, cigar- box maker.- Evan Meredith, Tyler-st., Regent-st., Middlesex, dealer in milk.-J. Lunn, Chester, brewer: in the Gaol of Manchester.-James Bull,

grocer: in the Gaol of Lancaster. John Sheldon, ManOxford-st., Whitechapel-road, Middlesex, clerk to the Aus- Little Walsingham, Norfolk, dealer in flour: in the Gaol of Eralian Mining Company.-Charles Messer, Charlotte-street, Norwich.-Henry Paye, Heathfield, Sussex, miller : in the Fitzroy-square, Middlesex, out of business.

Gaol of Lewes.- Wm. Pinnington, Houghton Moss, Bunbury, May 18 at 11, before Mr. Commissioner Phillips.

Cheshire, out of business: in the Gaol of Chester.- William Jas. Seedsman the elder, Roadside, Whitechapel, Middle Upton, Manchester, out of business : in the Gaol of Lancaster. es, carpenter.-Stephen Goddard, George-st., Bloomsbury. —Thos. Higham, Longsight, near Manchester, out of business : saare, Middlesex, out of business.-Randal Sutton, Ferry in the Gaol of Lancaster. -John Jones, Wolverhampton, Stafcad, Millwall, All Saints', Poplar, Middlesex, grocer.-F. fordshire, grocer : in the Gaol of Coventry.--Samuel Gear, Pitt Baker, Drury-lane, Middlesex, beer-shop keeper.--Wm. Hamilton-terrace East, New Cross-road, Deptford, Kent, Henry Edwards, Woodbine-cottage, Acton-lane, Turnham- plumber : in the Gaol of Maidstone.- George R. Hopkins, Teen, Middlesex, teacher of drawing.-Wm. Thompson, Pro-Kingswinford, Staffordshire, national schoolmaster : in the idence-place, Kentish-town, Middlesex, corn chandler.- Gaol of Stafford. --Samuel Davies, Bristol, out of business :






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in the Gaol of Bristol.-Wm. Walker, Pudsey, near Leeds, TO SOLICITORS. WANTED, a respectable and inYorkshire, cloth weaver : in the Gaol of York.-J. Clapham, fluential SOLICITOR or FIRM to attend to the Legal Business Otley, Yorkshire, gardener: in the Gaol of York.-James in the formation of a Public Company of importance and magnitude. Shuttleworth, Bradford, Yorkshire, beer-house keeper : in Apply by letter, to A. B. W., Jurist Office, No. 3, Chancery-lane, the Gaol of York.-Lancelot A. Hesling, Leeds, Yorkshire, quarryman: in the Gaol of York.--Henry Whitehead, Thorn-ITO SOLICITORS.-A Gentleman, admitted in 1844, and

established in an old and highly respectable practice, is desirous hill Lees, near Dewsbury, Yorkshire, out of business : in the

of entering into PARTNERSHIP with a SOLICITOR wishing to retire Gaol of York.-Thos. Lupton, Bradford, Yorkshire, assistant from the active business of the Profession. Address G. H., at Mr. to a rag dealer : in the Gaol of York. - Samuel Taylor, Moulton's, Law Stationer, Chancery.lane. Halifax, Yorkshire, farm labourer : in the Gaol of York.

This day is published, in 12mo., price 108. 6d. cloth, Thomas Wright

, Birmingham, carter;. in the Gaol of Co: A MANUAL OF CIVIL LAW; or, Examination in the Holywell-street, Oxford, soli.

Justinian citor: in the Gaol of Oxford.—John Hutchin the younger,

on that Work. With an Introduction on the History of the Roman

Law. By P. CUMIN, M. A., of Balliol College, Oxford, Barrister at Norwich, out of business : in the Gaol of Norwich.-Thomas

Law. Pitt, Brampton Abbotts, Herefordshire, sawyer : in the Gaol

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. of Hereford.—John Craven the younger, Lidget, near Keigh

Just published, in 12mo., price 4s. 6d. cloth, ley, Yorkshire, joiner : in the Gaol of York.-Thos. Thorpe, Milns Bridge, near Huddersfield, Yorkshire, cloth miller: in THE LUNACY REGULATION ACT, 1853, and the

GENERAL ORDERS in LUNACY; with an Introduction and a the Gaol of York.-George Bretherick the younger, Bramley, copious Index, (forming a Supplement to “ The Outline of the Practice near Leeds, Yorkshire, cloth manufacturer: in the Gaol of in Lunacy"). By JOSEPH ÉLMER, of the Office of the Masters in York.- Henry Tasker, Dore, Derbyshire, publican : in the Lunacy.

Stevens & Norton, Bell-yard. Gaol of York.-Wm. Richardson, York, out of business : in the Gaol of York. Henry Bairstow, York, out of business : LA

AW REVIEW, May, Price 58.-1. The Laws relating to

Women.-2. M. Felix.-3. Law Periodical.-4. Pothier on Conin the Gaol of York.James Bannister, Bramley, near Leeds,

tracts.-5. Statute-law Commission.-6. Recent Reforms in the Court of Yorkshire, cabinet maker : in the Gaol of York.-J. Holroyd, Chancery.—7. Tribunals of Commerce.-8. Judges and the Criminal Middlesbrough, Yorkshire, licensed victualler: in the Gaol of Code.-9. Trust Companies.—10. Private-bill Legislation --- 11. TransYork.-Alexander Heslin, Bramley, near Leeds, Yorkshire, fer of Land.-12. Bankruptcy Commission.-13. Laws of War.-Postcloth manufacturer.—John Webster, Leeds, Yorkshire, shoe script, Session 1854, &c.

Stevens & Norton, Bell-yard. maker : in the Gaol of York.-James Henry S. Wildsmith,

This day is published, in 12mo., price

108. 6d. cloth, Wolverhampton, Staffordshire, manager of chemical works:

A OF ; in the Gaol of Stafford.

embodying the Decisions of Lord Stowell and other English The following Prisoners are ordered to be brought up before nent Jurists

. With an Appendix of the Official Documents and Cor

Judges, and of the American Courts, and the Opinions of the most emithe Court, in Portugal-street, to be examined and dealt respondence in relation to the present War. By WILLIAM HAZLITT with according to the Statute:

and HENRY PHILIP ROCHE, Esqrs., Barristers at Law.

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. May 16 at 10, before Mr. Commissioner MURPHY.

SUPPLEMENT TO WISE'S COMMON-LAW PROCEDURE ACT. Francis John Attfield, Waterloo-place, Shepherd's-bush,

Recently published, in 12mo.. price 38. Gd. sewed, Middleses, brick maker. James Wolfe Charlton, Regent- A SUPPLEMENT to the COMMON.LAW. PROsquare, Gray’s-inn-road, Middlesex, clerk in holy orders.

& 16 . c76containing the NEW

RULES of PRACTICE, Table of Fees and Costs, Regulations respectMay 17 at 10, before the Chief COMMISSIONER.

ing the Admission of Attornies, the Cases to the end of Hilary Term, Wm. Fisher, York-place, Vauxhall-bridge-road, Pimlico, and a lieneral Index to the whole. By EDWARD WISE, Esq., of the Middlesex, accountant. - Thomas C. Watts, Tennison-street,

Middle Temple, Barrister at Law.

The Work complete, price 138. in cloth boards.
York-road, Lambeth, Surrey, gentleman.

S. Sweet, 1, Chancery-lane.
Adjourned Hearing.

Just published, in 8vo., price 88. 6d.,
John C. Catling, Marlborough-terrace, Marlborough-road, A TREATISE on the Law of WILLS,

embodying the Queen's-road, Dalston, Middlesex, architect.

With an

the Succession Duty Act. By ARTHUR PARSONS, Esq. The following Prisoners are ordered to be brought up before London: Simpkin, Marshall, & Co., Stationers' Hall-court.

a Judge of the County Court, to be examined and dealt with according to the Statute :

LONDON and PROVINCIAL LAW ASSURANCE At the County Court of Sussex, at LEWES, May 16.

32, New Bridge-street, Blackfriars, London.

GEORGE M. BUTT, Esq., Q. C., M. P., Chairman. Charles Wakeford, Brighton, out of business.

FOUR-FIFTHS of the Profits divisible amongst the Assured, in which At the County Court of Devonshire, at EXETER, May 16 Policies two years in force participate. at 10.

EXTENSIVE LICENSE to TRAVEL and RESIDE ABROAD. Susanna Sherwill, widow, Crediton, innkeeper-J. Pease,

APPEARANCE before the BOARD dispensed with.

Notices of AssIGNMENTS registered, and receipt thereof acknop. Plymouth, hatter.

ledged. At the County Court of Staffordshire, at STAFFORD, May 17 PROSPECTUSES, &c. on application. at 11.

JOHN KNOWLES, Actuary and Secretary. William Plant, Dresden, near Longton, out of business. Mr. HODGSON will sell by AUCTION, at his Great Room, 192,

LAW BOOKS, REPORTS, TREATISES, &c. George R. Hopkins, Kingswinford, national schoolmaster. Fleet-street, on Friday, May 12, and SATURDAY, May 13, at halfAt the County Court of Gloucestershire, at Bristol,

past 12 o'clock on each day, May 18 at half-past 10.


BOOKS, including portions of several Libraries, among which Edwin Newman, Weston Zoyland, Somersetshire, miller. will be found many of the most recent and valuable Treatises on the At the County Court of Norfolk, at the Shirehall,

various branches of the Law, and a very full Collection of Common-law

and Equity Reports, Statutes, (various editions), the Law Journal, the Norwich CASTLE, May 19 at 10.

Jurist, Parliamentary Publications, Old Civil Law, and many searce John Hutchin the younger, Norwich, out of business.


To be viewed, and Catalogues had.
At the County Court of Norfolk, at Norwich, May 19.
James Bull, Little Walsingham, dealer in flour.

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 COUNTY COURTS.-It appears that the Law Officers of publication, through the medium of the Post Office, to the Country.

punctual delivery in London, or its being forwarded on the evening of the Crown have given an opinion to the effect that it

Printed by HENRY HANSARD, PRINTER, residing at No. 14. is not necessary that the instrument of appointment of Park Square, Regent's Park, in the Parish of St. Marylebone, in the a county court judge should be stamped. It is pre- County of Middlesex, at his Printing Office, situate in Parker Street, sumed, therefore, that such of the judges as have had Published at No.3, Chancery Lang, in the Parish of St.


in the Parish of St. Giles-in-the-Fields, in the County aforesaid; and their appointments stamped, in compliance with the in the West, in the City of London, by HENRY SWEET, LA BOCE orders of the Treasury, will have their money returned SELLER and PUBLISHER, residing at No. 41, Great Coram Street, in

the Parish of St. George, Bloomsbury, in the County of them.

Saturday, May 6, 1854.

No.905_Vol. XVIII.

MAY 13, 1854.



Court of Queen's Bench-( Continued).
In re The Sea Fire and Life Insurance Company, and

Non-repair-Costs— Distress-Surveyor—5 8 6 in re The Joint-stock Companies Winding-up Acts,

Will. 4, c. 50, 88. 95, 103)...

399 1848 and 1849, ex parte Greenwood.-(Joint-stock Reg. v. The Inhabitants of Sandon.-(Non-repair of Companies Registration Act-Liabilities of Part.

Highway-Indictment preferred at Assizes— Cerners not limited - Official Manager- Call for Costs) 387 tiorari— 5 & 6 Will. 4, c. 50, ss. 95, 1075...... 401 Court of APPEAL IN CHANCERY.

Reg. v. The Inhabitants of Bengeworth.-(Settlement Wing v. Harvey.-(Policy of Insurance - Local Agent,

- Payment of Rates— Authority from Pauper).. 402 Authority of— Forfeiture, Waiver of)



Taylor v. Best.-(Privilege of an Ambassador from
Suit7 Ann. c. 12- Public Minister).

402 Coldwell 0. Holme, ex parte Lubbock.-(Charitable

Court of EXCHEQUER. Bequest-Name of Institution, Misdescription of - Cy-près)


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


Crown Cases RESERVED. The Earl of Shrewsbury v. The Countess of Shrews

Reg. o. Harris.-(EmbezzlementMoney received on bury.- (Vendor and Purchaser-Binding Contract

Account of Master)...

408 -Will— Construction)


Reg. v. Walker.-(Lawful Apprehension-Assault) .. 409
Court of Queen's BENCH,

In re The Surveyors of the Highways of Tryddyn, The Kingaloch.—(Towage, ordinary, extraordinary,
er parte Harrison. — (Highway Indictment for



3 4 5

3 0


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 es ollows:

£ 8. d.

conveyance. The question arose in Nairne v. Prowse, For 2 lines or under ..

0 2 0

(6 Ves. 752), but the case was ultimately disposed of
0 2 6

upon another point.

0 3 6 A case, however, somewhat analogous came before 6

0 4 0

Lord Northington, who held that a declaration of trust
And so on, at the rate of 6d. per line.

in favour of an incumbrancer was tantamount to an
A discount, proportioned to the number of repetitions, actual assignment, unless a subsequent incumbrancer,
will be allowed upon all Advertisements ordered for three or
more insertions.

bona fide and without notice, procured an assignment;

and that the custody of the deeds respecting the term, LONDON, MAY 13, 1854.

with a declaration of the trust of it in favour of a

second incumbrancer, was equivalent to an actual asIt is a well-known rule of law, “ qui prior est tem- signment, and therefore gave him an advantage over pore potior est jure;” and Courts of equity, professing the first incumbrancer, which equity would not take to follow the law, have adopted and acted upon it, with from him. (Stanhope v. Lord Verney, Co. Litt. 290. b., this qualification, viz. that where the equity of one of note (1), s. 15; S. C., 2 Eden, 81). two claimants is better than that of the other, the legal The only difference between the case before Lord zule shall not prevail. The various modes of enun- Northington, and the case of a vendor’s lien with a ciating the rule are perhaps open to some criticism; subsequent deposit of the title deeds, appears to be, as and in the recent case of Rice v. Rice, (2 Drew. 73), observed by Lord St. Leonards in his book upon Vendors when its application to a very interesting and novel and Purchasers, (vol. 2, p. 881, 11th ed.), that in the point was the subject of great discussion, Sir R. T. former case both the trusts were declared by the parKindersley, V.C., said, that to lay down the rule with ties; whereas in the latter the trust or lien is raised in perfect accuracy, it should be stated in some such form equity, and not by express declaration, and the trust or as this—" As between persons having only equitable equitable mortgage is generally created by the declarainterests, if their equities are in all other respects equal, tion of the parties; which circumstance, if it turn the priority of time gives the better equity; or qui prior scale either way, is certainly in favour of the mortest tempore potior est jure.”

gagee, who has, equally with the vendor, an equity The question discussed in Rice v. Rice was one which and does not, like the vendor, claim contrary to his own had never previously been actually decided, viz, whe- acknowledgment by his conveyance, that the money was ther an equitable mortgagee by deposit of title deeds paid, which the mortgagee no doubt gave credit to. His is entitled to priority over a vendor claiming a lien, of Lordship then adds," that upon the authority of StanVol. XVIII.


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hope v. Lord Verney, we may, perhaps, venture to say entitled to priority-in other words, adopting the rule that an equitable mortgage by deposit of deeds to a as enunciated by the Vice-Chancellor, the equitable person, bonâ fide and without notice, will give him a interests of the two claimants being in all other respects preferable equity, and will overreach the vendor's equi- equal, priority of time gave the better equity. table lien on the estate for any part of the purchase money.”

Correspondence. In the case of Rice v. Rice the vendor executed an assignment of leaseholds, which recited the payment

THE COUNTY COURTS. of the whole purchase money, and had an indorsement of the common receipt clause; at the same time the

THE JURIST.” 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 few days, allowing the payment to stand over. The

of temper at least he is judicially qualified; but either

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 by instalments; secondly, that immediate payment is mortgagee. Sir R. T. Kindersley, V.C., held that the sometimes ordered; thirdly, that debtors should not be

kept in prison at the public expense; and, fourthly, equitable mortgagee was entitled to priority, upon the that it is hard to sell up a debtor of the labouring ground that he had the better equity. His Honor class. Answers Nos. 1 and 2 do not concern me: I only said that it appeared to him, that in all cases of con- complained of orders for deferred payment against the test between parties having equitable interests, the plaintiff's wish. To No. 3 I reply, that any objecconduct of the parties, and all the circumstances, must tion to imprisonment for debt generally must apply as

much to imprisonment for disobeying an order for de be taken into consideration, in order to determine

ferred payment as to any other case. But what I ask which had the better equity; that everything in the for is immediate execution against the goods. If that present case seemed in favour of the defendant, the is granted, I have no objection to protect the person equitable mortgagee. The vendors, when they sold the on the terms of payment by reasonable instalments. estate, chose to leave part of the purchase money debtor and another which should entitle the former to

4. I cannot see any distinction between a labouring unpaid, and yet executed and delivered to the pur- peculiar indulgence. On the contrary, the lower a man chaser a conveyance, by which they declared in the is before he falls, the easier is his fall. A labourer or most solemn and deliberate manner, both in the body an artisan, when overtaken by individual distress, as and by a receipt indorsed, that the whole purchase distinguished from a calamity affecting his class, (which money had been duly paid. They might still have an order for payment by instalments would not rerequired that the title deeds should remain in their medy), can always get on his feet, or it is his own custody, with a memorandum, by way of equitable duty of a debtor is to pay his debt according to his

fault. But however this may be, I repeat that the mortgage, as a security for the unpaid purchase money; contract: that it is impossible for any judge, on the and if they had done so, they would have been secure hearing of a plaint, to ascertain the real circumstances, against any subsequent equitable incumbrance; but character, and expectations of the debtor; and even that they did not choose to do, and the deeds were

if the facts were ascertained, there is not one judge in delivered to the purchaser.

twenty whose discretion in the matter of indulgence is

to be trusted: that while strict justice is clearly the Thus they voluntarily armed the purchaser with right of the creditor, it is possible that the hardship to the means of dealing with the estate as the absolute him of deferring his remedy may be greater than that legal and equitable owner, free from every shadow of of enforcing it would be to the debtor; and that the incumbrance or adverse equity. The mortgagee was

right of granting indulgence resides exclusively in the guilty of no negligence, as he was justified in trusting for it. 'As for vindictive creditors, one meets with

creditor, who alone can know whether there is ground to the security of the deposit, without the slightest them in the novels and plays of the last century, but I obligation to go and inquire of the vendors whether never heard of one in actual life. We see occasionally they had received all the purchase money, when they a martyr in the cause of public justice, who will be at had already given their solemn assurance in writing some cost of time and money to punish a fraudulent that they had received every shilling of it, and had debtor, but such examples are rarer than I could wish

them to be. conveyed the estate and delivered over the deeds. The defendant had omitted nothing that was necessary to justice in the county courts is not unfrequently biassed

In support of my assertion that the administration of constitute a complete and effectual equitable mortgage. by unworthy motives, I may appeal to the experience of

The case of Rice v. Rice does not conflict with Mack- your readers. Not many days ago I mentioned, in the reth v. Symmons, (15 Ves. 329), decided by Lord Eldon, rience in various county courts, a flagrant case of in

presence of four lawyers, each of considerable expe as in that case the contest lay between a person having justice committed by a local judge in favour of a boon a lien for unpaid purchase money, and a person who companion. I mentioned neither name nor place. One had subsequently obtained from the purchaser a mere of my auditors said, “That must be X.;" another said. contract for a mortgage, but without having any title

“ It is just what Y. would have done;" and a third

added, deeds handed over to him. In that case, therefore, the

“Both X. and Z. are quite capable of it." But

the hero of my tale was W. equitable mortgagee had not a better equity than the

I believe that barristers are not in the habit of person claiming the vendor's lien, who was therefore treating county court judges with disrespect. If in


stances to the contrary occur, they only furnish reason

London Gazettes. 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.

FRIDAY, MAY 5. Lastly, when I am told that the superior judges make more blunders than those of the counties, and

BANKRUPTS. that the more expensive litigation of important causes

GEORGE NATHANIEL GRANE, Chailey, Sussex, suris due, not to the magnitude of the stake, but to the geon and apothecary, May 13 at half-past 12, and June 16 inferiority of the tribunal, (for that is the issue), I

at half-past 1, Court of Bankruptcy, London : Off. Ass. perceive that your correspondent's coolness begins to

Cannan; Sol. Fesenmeyer, 23, Bedford-row.-Petition filed fail, and take the hint to preserve my own by closing JOSEPH BAILEY MILLINGTON, Marlborough-place,

May 3. tbe discussion.


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 COURT OF QUEEN'S BENCH.

April 28.

JOSEPH BUHRER, Holborn-bill, London, fancy wareEASTER TERM.-17 VICTORIA.-May 4, 1854.

houseman, dealer and chapman, (now a prisoner in White.

cross-street Prison), May 15 and June 14 at 1, Court of This Court will on Friday the 12th, and Saturday Bankruptcy, London: Of. Ass. Stansfeld; Sols. Clutton the 13th days of May instant hold sittings, and will & Ade, 48, High-street, Southwark.- Petition filed May 4. proceed in disposing of the businex now pending in THOMAS HUGHES, Wednesbury, Staffordshire, innkeeper, the Special and New Trial Papers, and give judgment plumber, glazier, and painter, May 20 and June 10 at 10, in cases previously argued.

District Court of Bankruptcy, Birmingham: Off. Ass. BitBY THE COURT.

tleston; 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, COMMISSIONERS TO ADMINISTER OATHS

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, The Lord Chancellor, under the powers of the 16 &

District Court of Bankruptcy, Leeds : Off. Ass. Young; 17 Vict. c. 78, intituled “ An Act relating to the Ap- Sols. Richardson & Co., York; Bulmer, Leeds. - Petition pointment of Persons to administer Oaths in Chancery,

dated April 24. and to Affidavits made for Purposes connected with WILLIAM WOOD, Stalybridge, Lancashire, smith, hard. Registration," has appointed the following gentlemen ware manufacturer, dealer and chapman, May 19 and June to be Commissioners for administering Oaths in Chan- 16 at 12, District Court of Bankruptcy, Manchester : Off. cery :

Ass. Hernaman ; Sol. Brooks, Ashton-under-Lyne.- PetiTo be London Commissioners.

tion filed April 29. William Leverton Donaldson, 18, Southampton-street,

JOHN HUNTER, Manchester, wholesale tea and coffee

merchant, (under the style of John Hunter & Co.), May 22 Bloomsbury-square.

and June 14 at 12, District Court of Bankruptcy, ManThomas Edlyne Tomlins, 17, Lincoln’s-inn-fields.

chester : Off. Ass. Fraser; Sols. Worthington & Earle, William Sharp, 2, Verulam-buildings, Gray’s-inn. Manchester.-Petition filed May 3. Edward Lambert, 7, John-street, Bedford-row.

Andrew Van Sandau, 27, King-street, Cheapside, City.
William Vizer, 48 a, Moorgate-street, City.

W. Burrell, Thornes-lane, Wakefield, Yorkshire, merchant, Frederick Wickings Smith, 63, Lincoln’s-inn-fields.

May 30 at half-past 12, District Court of Bankruptcy, Leeds,

ch. ass. - Joseph Grave, Manchester, warehouseman, May 23 Thomas Parker, 10, Lincoln's-inn-fields.

at 12, District Court of Bankruptcy, Manchester, last ex.Samuel Steward, 59, Lincoln’s-inn-fields.

William Harknett, Barking, Essex, builder, May 17 at 12, Thomas Jones Mawe, 4, New Bridge-street, City. Court of Bankruptcy, London, aud. ac.-Valentine H. Gay, Thomas Kersey Edwards, 3, Lawrence Pountney-hill, Blackfriars-road, Surrey, and Strand, Middlesex, tailor, May City.

17 at 12, Court of Bankruptcy, London, aud. ac.-H. Kirk, Charles Dod, 10, John-street, Oxford-street.

Portland-terrace, St. Johu's-wood, Middlesex, hay dealer, George Hensman, 25, College-hill, City.

May 17 at 12, Court of Bankruptcy, London, aud ac.-Fred. Francis Impey, 12, Bedford-row.

Bhear, George-yard, Lombard-street, London, hotel keeper, Philip Rose, 3, Park-street, Westminster,

May 15 at 12, Court of Bankruptcy, London, aud. ac.-Joseph Henry Elland Norton, 3, Park-street, Westminster.

Goble, Shoreham, Sussex, miller, May 15 at 12, Court of John Iliffe, 2, Bedford-row.

Bankruptcy, London, aud. ac.; May 24 at half-past 2, div.Henry Shephard Law, 23, Bush-lane, City.

R. N. Newton and T. G. Payne, New Park-st., Southwark, Joseph Ivimey, 30, Southampton-buildings, and 1, London, aud. ac. - G. Alcock, Manchester, draper, May 17 at

Surrey, gas engineers, May 19 at 12, Court of Bankruptcy, Ampthill-square, Hampstead-road.

12, District Court of Bankruptcy, Manchester, aud. ac.-R. A. John Casley, 31, Guildford-street, Russell-square. Dorrington, Manchester, woollen cloth merchant, May 17 at Edward Mackeson, 59, Lincoln’s-inn-fields.

12, District Court of Bankruptcy, Manchester, aud. ac.Richard Horn, 78, King William-street, City. Isaac Fineberg, Manchester, jeweller, May 16 at 12, District

Court of Bankruptcy, Manchester, aud. ac. John Gray, To be Commissioners in England.

Hulme, Manchester, butcher, May 16 at 12, District Court Lawrence Burd, Shrewsbury, Shropshire.

of Bankruptcy, Manchester, aud. ac.; May 30 at 12, div.Thomas Collins, Bury St. Edmunds, Suffolk.

Henry H. King, Bristol, bookseller, May 18 at ll, District Frederick Hinton, Lyme Regis, Dorsetshire.

Court of Bankruptcy, Bristol, aud. ac.; May 29 at 11, div.Henry William Penniger, Westbury, Wiltshire.

Samuel G. M. Scowen, Wood-street, Cheapside, London, Alfred Clark, Moulton, Lincolnshire.

warehouseman, May 17 at 2, Court of Bankruptcy, London,

div. - Francis Adamson, Bond-court, Walbrook, London, Frederick Morehouse Metcalfe, Wisbeach, Cambridge- merchant, May 27 at 1, Court of Bankruptcy, London, div. shire.

Davis Fraser, Little Tower-street, London, shipowner, William Sutton Page, Stroud, Gloucestershire. 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.

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