Page images


A MANUAL of CIVIL LAW; or, Examination in the THEACT. 46 & 17 Vict. c. 137) for the BETTER RE.



Now ready, in 12mo., price 14s. cloth,

This day is published, price 85. 6d sewed,

and 1854; with Notes, containing all the Cases either already of QUEEN'S BENCH in TRINITY TERM, 17 Vict., 1854. By expressly decided on or tending to elucidate them. With an Appendix, THOMAS FLOWER ELLIS and COLIN BLACKBURN Esqrs. containing the Common-law Procedure Act of Will. 4, the recent Acts

These Reports are in immediate continuation of those by Adolon Evidence, the New Rules to Michaelmas Vacation, 1854, and an phus & Ellis, and are published with regularity and promptness. Introduction. By W. F. FINLASON, Esq., Barrister at Law.

S. Sweet, 1, Chancery-lane.
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

Just published, in 1 thick vol., 8vo., price 11. 10s. cloth boards,


INVESTMENTS. With the late JOHN WILLIAM SMITH, Esq. Fifth Edition. By G. M. pensation, Mandamus, Injunction, and Railway Rating: Remaršs on DOWDESWELL, Esq., Barrister at Law.

the Extent of the Jurisdiction over Railways conferred on the Court of London: Stevens & Norton; H. Sweet; and W. Maxwell.

Common Pleas; and on the Equitable Jurisdiction in Railway Transac

tions recently transferred to all the Courts of Common Law; also the STARKIE'S LAW OF EVIDENCE.-New EDITION

Practice in Committees in Parliament on passing Railway Bills. The A PRACTICAL TREATISE of the LAW of EVI. | Appendix contains all the Statutes, with Notes referring to the Treatise;

DENCE. By THOMAS STARKIE, Esq. Fourth Edition, and Precedents of Deeds, Notices, Warrants, Bonds, &c. By WILLIAM with very considerable alterations and additions; incorporating the HODGES, Esq., of the Inner Temple, Barrister at Law, Recorder of Statutes and reported Cases to the time of publication. By G. M.

Poole. Second Edition.
DOWDESWELL and J. G. MALCOLM, Esqrs., Barristers at Law. London: S. Sweet, Chancery-lane, Fleet-street, Law Bookseller and
Just published, in 1 vol. royal 8vo., price 11. 168. cloth.

Stevens & Norton, 26, Bell yard, Lincoln's inn.



With copious Notes, Institutes of Justinian: being a Translation of and Commentary and an Introductory Essay on the Jurisdiction exercised over them by on that Work. With an Introduction on the History of the Roman the Court of Chancery; with all the decided Cases; and an Appendix, Law. By P CUMIN, M. A., of Balliol College, Oxford, Barrister at containing Precedents of Schemes, &c. By W. F. FINLASON, Esq., Law. In 12mo., price 10s 6d. cloth.

Barrister at Law. In 12mo., price 68. cloth, “ The work is extremely well done."— Law Times, April 22, 1854.

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
Stevens & Norton, 26, Bell-yard, Lincoln's.inn.


and 6, Chancery-lane, London.-Subscribed Capital, £5,000,000. Edition.


MANUAL of EQUITY JURISPRUDENCE, founded The Right Hon. the Earl of Devon.

on Story's Commentaries and Spence's Equitable Jurisdiction; The Right Hon. Lord Truro. and comprising in a small compass the Points of Equity usually occur. The Right llon. the Lord Chief Baron. ring in Chancery and Conveyancing, and in the general Practice of a The Right Hon. the Lord Justice Knight Bruce. Solicitor. By JOSIAH W. SMITH, B.C. L., of Lincoln's-inn, Esq., The Right Hon. Sir John Dodson, Dean of the Arches, &c. Barrister at Law. Fourth Edition. Just published, in 12mo., price William Baker, Esq., late Master in Chancery. 108. 6d. boards.

Richard Richards, Esq., Master in Chancery. “A manual especially adapted to the exigencies of a solicitor's Insurances expiring at Christmas should be renewed within fifteen practice.”—Jurist, No. 465.

days thereafter, at the Offices of the Society, or with any of its Agents Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

throughout the country.



UARDIAN FIRE AND LIFE ASSURANCE COMProvision made for this purpose by the LAW PROPERTY and

PANY, No. 11, Lombard-street, London. LIFE ASSURANCE SOCIETY, 30, Essex-street, Strand, London.

Particulars sent free on application to

Sir Walter R. Farquhar, Bart., Chairman.
EDWARD S. BARNES, Secretary.

Francis Hart Dyke, Esq., Deputy Chairman.
Henry Hulse Berens, Esq.

Stewart Marjoribanks, Esq. BOOKKEEPING FOR SOLICITORS.-KAIN'S John Dixon, Esq.

John Martin, Esq., M.P. SYSTEM.-The beginning of a new year being an appropriate Sir W. M. T. Farquhar, Bart. Rowland Mitchell, Esq. time to commence a better system of bookkeeping, when the one in Thomson Hankey, jun., Esq. M.P. James Morris, Esq. use may not be satisfactory, Mr. G. J. KAIN begs to submit a few testi- John Harvey, Esq.

Henry Norman, Esq. monials in favour of his system, which enables à practitioner to strike a John G. Hubbard, Esq.

Henry R. Reynolds, Esq. balance at any moment, shewing THREE RESULTS, viz. Cash Balance, George Johnstone, Esq.

John Thornton, Esq. Book Debts, and Profits, as far as the Costs are made out, a change of John Labouchere, Esq.

James Tulloch, Esq. cash-book only being all that is necessary to effect this.

John Loch, Esq.

Henry Vigne, Esq. The following sentences are extracted from a lengthened review in

AUDITORS. the Law Times, July 22, 1854:

A. W. Robarts, Esq.

Henry Sykes Thornton, Esq. “Mr. Kain has conferred a boon on the Profession by the publication

Lewis Loyd, jun., Esq.

John Henry Smith, Esq. of this work."

"Mr. Kain's system, after a little examination, appears eminently George Keys, Esq., Secretary.-Griffith Davies, Esq., F.R.S., Actuary. simple, and we think with him it is such as any clerk, possessed of

LIPE DEPARTMENT. - Under the provisions of an act of Parliament, average ability, however inexperienced, can make himself acquainted this Coinpany now offers to future Insurers FOUR-FIFTHS of the Prowith in an hour's moderate application; and if it be followed out, a

Pits, with QUINQUENNIAL Division, or a Low RATE OF PREMIUM principal who understands it may make himself acquainted with the

without participation of Profits. leading results of the business, and indeed its details, almost at a

The next Division of Profits will be declared in June, 1855, when all glance, and this without himself doing more than seeing that his own

Participating Policies which shall have subsisted at least one year at transactions are duly recorded."

Christmas, 1854, will be allowed to share in the Profits. The book is well and lucidly written, and sets forth certainly the

At the several past Divisions of Profits made by this Company, the most perfect and simple method of bookkeeping that has yet come under

Reversionary Bonuses added to the Policies from ON E-HALY the Prosts our notice. It has already reached its fifth edition, and the system it

amounted, on an average of the different ages, to about One per Cent. propounds, we have reason to know, has been extensively adopted, and

per Annum on the sums insured, and the total Bonuses added at the most satisfactorily, as appears by the testimonials given at the end of the

sour Septennial Divisions exceeded 770,0001. volume."

Foreign Risks.-The Extra Premiums required for the East and “We strongly recommend this system to the consideration of the

West Indies, the British Colonies, and the northern parts of the United Profession."

States of America, have been materially reduced. EXTRACTS FROM VOLUNTARY TESTIMONIALS FROM SOLICITORS,

INVALID Lives.—Persons who are not in such sound health as would “Its hest feature, next to its soundness, is its simplicity."

enable them to Insure their Lives at the Tabular Premiums, may have “I find it very satisfactory.".

their Lives Insured at extra Premiums, "The more I see of your plan of bookkeeping the more I am pleased such Policies shall have been effected a sufficient time to have attained

Loans granted on Life Policies to the extent of their values, provided with it." “We consider it to be the most satisfactory brought to our notice."

in each case a value not under 501. “I am sure your system ought to be widely adopted. Since I have

AssignMENTS OF POLICIES-Written Notices of, received and readopted the plan I have found it work admirably, correctly, and satis- gistered. factorily, and it has the advantage of being very simple."

Medical fees paid by the Company, and no charge will be made for "I shall have pleasure in giving your system the utmost publicity."

Policy Stamps. The more I understand of your system the better I like it, and I am

Notice is hereby given,-That Fire Policies which expire at Christmas thoroughly satisfied with its simplicity and efficiency."

must be renewed within fifteen days at this Office, or with Mr. SAMS, “ We find your Cash Journal of great value.

No. 1, St. James's-street. (corner of Pall-mall); or with the Company's “We think the principle is sound, and peculiarly applicable to soli- Agents throughout the Kingdom; otherwise they become void. eitors' accounts, while there is much simplicity in its operation."

“ Your system is, what few human things are, perfect, and incapable Printed by HENRY HANSARD, at his Printing Office, in Parker of IMPROVEMENT.

Street, in the Parish of St. Giles-in-the-Fields, in the County of MidThe Fifth Edition of the Work, illustrative of Solicitors' Bookkeeping dlesex; and Published at No. 3, CHANCERY Laxe, in the Parish of in general, and of this system in particular, (price Gs., post free 6s. 6d.), St. Dunstan in the West, in the City of London, by HENRY SWEET, and also the necessary Account Books, to be had of G. J. & J. KAIN, residing at No. 34, Porchester Terrace, Bayswater, in the County of Law Accountants, 8, Brownlow-street, Holborn, London.

| Middlesex.-Saturday, December 30, 1854.

[ocr errors]

No. 939_Vol. XVIII.

JANUARY 6, 1855.

PRICE ls. 6d.


- Application of FundsPayment of InterestPowdrell v. Jones.—(Copyholds, Form of Surrender

Repair of Road-Order of Justices on Parish for of-Devise-Freebench-55 Geo. 3, c. 192—38

Contribution-4 & 5 Vict. c. 59)......

1115 4 Will. 4, c. 105, Dower Act)..

1111 Reg. v. Hutchinson.-(Turnpike TrusteesDebtsVICE-CHANCELLOR WOOD's COURT.

" Keeping down Interest"-Order of Justices on Fleming o. East.-(Practice--Evidence-Reception

Trustees—5 & 6 Will. 4, c. 50, s. 94) ... 1116 of Affidavits)


COURT OF COMMON PLEAS. Ex parte The Dean and Chapter of Westminster.

Slim 0. The Great Northern Railway Company.-(Public Company-Lands Clauses Consolidation

(Railway Company-Delivery of Cattle io Rail. Act-Application of Compensation Money) .... 1113 way Servant-Special Terms-Non-liability of COURT OF QUEEN'S BENCH.

Company if Terms not complied with)

1119 O'Toole v. Browne.-(7 Will. 4 & 1 Vict. c. 26,

PREROGATIVE COURT. 8. 24 - Construction of Devise — “Estate"

Brown 0. Brown.-(Administration-Widow-SeAfter-acquired Land) 1113 paration-Practice)..

1121 Reg. 0. The Trustees and Commissioners of the South Whiting v. Deal.-(Will— Subscribing WitnessesShields Turnpike Roads.-(Local Turnpike Act

Names written by Deceased)...



them playing on a timbrel, in sight of their masters

and dames, to dance for garlands hanged thwart of the DISCOURSE has often been bad of Sunday, moral, streets; which open pastimes in my youth being now theological, political, but seldom of Sunday legal; and suppressed, worser practices within doors are to be yet the question—how has Sunday been treated by feared.” (Vol. 1, p. 303, 6th ed.) the law?-is not altogether without interest, as it is It is curious that the somewhat heavy and unconnected with those modifications of public feeling amusing, although very moral, King James I, should and opinion which have marked successive phases of have encouraged sports on a Sunday; while the chief English society. At common law, all acts, except, statute against the profanation of that day was passed' perhaps, those of a judicial nature, might be done on a in the reign of the profligate Charles II. Sunday. Before the Reformation, fairs and markets

ets In 1618 King James I publicly declared to his subwere commonly held on Sunday, and their legality jects, in “ The Book of Sports,” the following games to seems to have been recognised after the Reformation*. be lawful-dancing, archery, leaping, vaulting, May Blackstone states, however, that the laws of King games, Whitsun-ales, morris-dances, and set-up mayAthelstane forbade all merchandise on the Lord's day; poles and other sports therewith used, and commanded and a statute in the reign of Henry VI, (27 Hen. 6, that no such honest mirth or recreation should be forc. 5), after reciting the “ abominable injuries and of- bidden to his subjects upon the Sunday or holy days fences done to Almighty God and to his saints (always after evening service, but restraining all recusants and aiders and singular assisters in our necessities) because all such as absent themselves from church from this of fairs and markets upon their high and principal liberty, and commanding each parish to use these refeasts, as (amongst other days) on Trinity Sunday with creations by itself, and prohibiting all unlawful games, other Sundays, ..... for great earthly covetise," bear-baiting, bull-baiting, interludes, and bowling, the enacts, that all manner of fairs and markets on Sun- meaner sort. (See Dalton, c. 46). It is with redays shall cease from all shewing of any goods or mer- ference to this proceeding that Hume says—“At the chandises, (necessary victual only except), upon pain same time that James shocked in so violent a manner of forfeiture of all the goods so shewed, (the four the religious principles of his Scottish subjects, he Sundays in harvest except+).

acted in opposition to those of his English. He had Sports, however, were continued on Sundays, al- observed, in his progress through England, that a though they were afterwards discountenanced, for John judaical observance of the Sunday, chiefly by means Stowe, in his Survey of London, (1598), tells us, that of the Puritans, was every day gaining ground through“the youths of this city also have used on holy days, out the kingdom, and that the people, under colour of after evening prayer, at their masters' doors, to exercise religion, were, contrary to former practice, debarred their waisters and bucklers, and the maidens, one of such sports and recreations as contributed both to their

health and their amusement. Festivals, w? * See the authorities cited in Rawlins, App., The Overseers other nations and ages are partly dedicate, of West Derby, Resps., (2 C. B. 74). † The exception of the four Sundays in harvest is the reser

worship, partly to mirth and society, we e vation of an old, not the creation of a new, right. (2 C. B. appropriated to the offices of religion. 74, note (d)).

nouris'i thos? sullen) and gloomy con: Vol. XVIII.



which the people were of themselves so unfortu velling of fish carriages, whether laden or returning nately subject. The King imagined that it would empty*. be easy to infuse cheerfulness into this dark spirit of We may here cite the case of Rex v. Younger, (5 devotion, He issued a proclamation to allow and T. R. 449), in which the Court held, that the staencourage, after divine service, all kinds of lawful tute of Charles II did not prohibit a baker baking games and exercises; and by his authority, he en- dinners for his customers on a Sunday; and Lord deavoured to give sanction to a practice which his Kenyon, C. J., said, “I think we should construe it subjects regarded as the utmost instance of profaneness (the statute) equitably, so that it may answer the and impiety.” And he adds, in a note, “ To shew purposes of public convenience, taking care, at the how rigid the English, chiefly the Puritans, were be- same time, that Sunday should not be profaned. It come in this particular, a bill was introduced into was extremely wise to put a mark on that day; by the House of Commons, in the eighteenth of the observing it Christianity may be kept alive. I agree King, for the more strict observance of the Sunday, with Foster, J., that I am for an observation of the which they affected to call the Sabbath.' One Shep- Sabbath, but not for a pharisaical observation of it. herd opposed this bill, objected to the appellation of But must the laborious part of the community, who ‘Sabbath as puritanical, defended dancing by the ex- are entitled to some indulgence for the labours of the ample of David, and seems even to have justified sports past week, fare harder on that than on any other day? on that day. For this profaneness he was expelled the They must be fed on that day; many of them have not House, by the suggestion of Mr. Pym. The House of the means of dressing their dinners at home, and those Lords opposed so far this puritanical spirit of the Com- who have will, if this defendant be convicted, be premons, that they proposed that the appellation of . Sab- vented observing the Sabbath.” bath' should be changed into that of the Lord's day.' In Shepherd's sentence his offence is said by the House THE ETIQUETTE OF COLONIAL JUDICIAL to be great, exorbitant, and unparalleled*.” And after

APPOINTMENTS. the death of James it was enacted, (by the stat. 1 Car. 1, c. 1), that there shall be no concourse of people, out of

The following petition to the Queen, very nume. their own parishes, on the Lord's day, for any sport or rously signed, has been sent home from Van Diemen’s pastimes, nor any bear-baiting, bull-baiting, interludes, Land, as a remonstrance against what the petitioners common plays, or other unlawful exercises and pas- deem an infringement of the usual course of judicial times used by any persons within their own parishes; appointments in the colonies:the penalty being 3s. 4d. to the poor, or being set in the stocks for three hours.

To Her Most Gracious Majesty Victoria, of the United This was followed by the 3 Car. 1, c. 1, prohibiting

Kingdom of Great Britain and Ireland, Queen, Decarriers from travelling and butchers from killing or fender of the Faith. selling victual on the Sundayt.

“ The humble petition of the undersigned inhabitants With the view of counteracting the sourness of the of Van Diemen's Land, Puritans, Charles, in 1633, shortly after Prynne had

“Sheweth-That your Majesty's petitioners cherish been set in the pillory, renewed his father's edict for the warmest sentiments of loyalty and devotedness to allowing sports on Sunday, adding thereto wakes and all manlike exercises , and ordered it to be read by the your Majesty's

most gracious person and government.

That a vacancy has recently occurred in the office clergy after divine service. Many who were puritani- of your Majesty's Chief Justice of this colony, in concally affected refused to do so, and were punished by sequence of the resignation of Sir John Lewis Pedder suspension or deprivation. (6 Hume, 299).

on the ground of ill health. By the 29 Car. 2, c. 7, no tradesman or other person “That your petitioners have learned, with feelings of shall exercise any worldly, business of their ordinary disappointment and alarm, that Valentine Fleming, callings upon the Lord's day, works of necessity and Esq., your Majesty's Attorney-General, has been apcharity only excepted.., (Sect. 1). But the act is pointed to the said vacant office of Chief Justice, to the not to extend to prohibit the dressing of meat in exclusion of the superior claims of Mr. Justice Horne, families, or dressing or selling meat in inns, cook- the present puisne judge. shops, or victualling-houses for such as cannot other- “That the said Mr. Justice Horne has held his office wise be provided; nor to the crying and selling of as puisne judge for a period of four years, during which milk before nine o'clock in the morning or after four time, by his skill and ability as a civil and criminal o'clock in the afternoon. (Sect. 3).. No drover, horse- judge, as well as by his strict integrity and imparcourser, waggoner, butcher, or higgler, is to travel tiality, he has secured the confidence and respect of or come into his inn or lodging on that day. (Sect. 2); your Majesty's subjects in this colony. The prosecution for the penalty must be commenced

“That, considering the unimpeachable character of within ten days after the offence committed, (sect. 4); Mr. Justice Horne, your petitioners had no reason to and it has been decided that only one penalty can be believe that any other rule would be resorted to in recovered for any number of acts of trading by the same person on the same Sunday. The service of * The stat. 7 & 8 Geo. 4, c. lxxv, contains regulations process on a Sunday (except in cases of treason, felony, relative to watermen plying and working on the Thames on : and breach of the peace) is void. (Sect. 6). By the Sunday, and repeals so much of the 29 Car. 2, c. 7, as prevents 10 & 11 Will. 3, c. 24, s. 14, this statute is not to pro- travelling by water on a Sanday. hibit the crying or selling of mackerel before or after

By the 1 & 2 Will. 4, c. 22, s. 27, hackney coachmen e divine service, nor (by 2 Geo. 3, c. 15, s. 7) the tra- chairmen may exercise their calling on a Sunday.

By the 1 & 2 Will. 4, c. 32, s. 3, killing game on a Sunday

subjects the party to a penalty not exceeding 51. and costs. * History of England, vol. 6, pp. 91, 92; and at p. 211 he The 3 Will. 4, c. 19, ss. 26, 27, empowers the court el says that the Puritans sanctified the Sabbath by the most aldermen or two justices to regulate the route and condec melancholy indolence; and that the different appellations of persons driving stage-carriages, cattle, &c. during divine of this festival, “ Sunday" or "Sabbath," were at that time service. (1625) known symbols of the different parties.

The stats. 3 Geo. 4, c. 96, s. 16, and 6 & 7 Will. 4, c. 37. † Selling meat on Sundays is no offence at common law. s. 14, relate to the baking of bread by bakers on Sundays. (Rex v. Brotherton, 2 Str. 702 ; see also Faulkner's case, 1 Beer-houses, after being subject to many mutations, are Saund. 249).

now regulated in this respect by the well-known statute, 17 * I Crepps v. Durden, (Cowp. 640).

18 Vict. c. 79.




filling up, the vacancy now under consideration than to the office of Chief Justice; and it is precisely that that which has universally prevailed in the Australian certainty of succession which, your Majesty's petitioners colonies-- that of quiet and undisputed succession in respectfully and humbly urge, forms the only security the order of precedence from the senior puisne judge for the impartiality on the bench which your Majesty's ship to the Chief Justiceship.

faithful subjects in these colonies enjoy. “ That the only ground upon which the exclusion “Your petitioners, therefore," &c. of Mr. Justice Horne in favour of Mr. Fleming has been supported is the right which your Majesty's Attorney-General in England is understood to have to

Court Papers. the first Chief Justiceship which happens to fall vacant during his tenure of office.

COMMON-LAW SITTINGS, IN AND AFTER “That the practice in question has, your petitioners

HILARY TERM, 1855. believe, been condemned, even as inapplicable to Eng

Court of Queen's Bench. land, by the highest legal authority, as having a ten

In Term. dency to impair to some extent the impartiality of the Bench; but in these colonies, not only has the


LONDON. practice never been adopted, but the rule as to succes

1st sitting .. Friday.. Jan. 12 sion in the order of seniority has been twice solemnly 3rd sitting.. Friday

2nd sitting.. Friday.. 19

1st sitting, Wednesd., Jan. 17

26 2nd sitting, Wednesday .. 24 recognised and acted upon as the only rule calculated

For undefended causes only. to shut out all hope of rising to the highest judicial office by means of subserviency to the Executive.

After Term. “ That the first occasion upon which the rule of suc

Thursday ... Feb. 1 | Monday .......... Feb. 12 cession by seniority, and not by favour, was solemnly

The Court will sit at ten o'clock every day. considered and affirmed, was upon the retirement of Sir The causes in the list for each of the above sitting days in Francis Forbes from the Chief Justiceship of your / term, if not disposed of on those days, will be tried by adMajesty's colony of New South Wales. On that occa- journment on the days following each of such sitting days. sion the senior puisne judge was Mr. Justice Dowling, the junior puisne judge was Mr. Justice Burton. A

Court of Common Pleas. claim was preferred by Mr. Justice Burton to the

In Term.
vacant Chief Justiceship, on the ground that he had
held a commission in another colony-namely, the
Cape of Good Hope-of date anterior to the commission

Jan. 16 Friday.

Jan. 19

23 | Friday of Mr. Justice Dowling; but it was then decided that the rule of seniority in New South Wales ought to

After Term. prevail; and this decision was approved of by the Thursday ... Feb. 1 | Monday .......... Feb. 12 Government of your Majesty's regal predecessor, his The Court will sit during and after term at ten o'clock. late Majesty King William IV.

The causes in the list for each of the above sitting days in “ That the next occasion on which the rule of se- term, if not disposed of on those days, will be tried by adjourn. niority was acted upon was the death of the late Sir ment on the days following each of such sitting days. James Dowling, your Majesty's Chief Justice of New South Wales. Mr. Justice Stephen was then senior

Erebequer of Pleas. puisne judge, but the vacant office was claimed by your

In Term. Majesty's Attorney-General, on the express ground of the English precedent. The question was decided in

There will be no Sittings in favour of the present Chief Justice, Sir Alfred Stephen, Ist sitting, Friday .. Jan. 12

2nd sitting, Monday

Term. although Mr. W. Plunkett had long and faithfully served your Majesty in his said office of Attorney

After Term. General; and your petitioners believe that the rule of Thursday ..., Feb. 1 | Monday ..... Feb. 12 succession by seniority is the one best calculated to

The Court will sit during and after term at ten o'clock. secure the independence of the judges who in these colonies hold office during your Majesty's pleasure.

The Court will sit in Middlesex, at Nisi Prius, in term, by “That on the retirement of Mi. Justice Oliphant adjourniment from day to day, until the causes entered for the

respective Middlesex Sittings are disposed of. from the office of Chief Justice of your Majesty's colony of Ceylon, he was succeeded by the puisne judge, apparently as a matter of course, and not by your Majesty's COMMON-LAW CAUSE LISTS, HILARY Advocate-General, whose office is precisely similar to

TERM, 1855. that of your Majesty's Attorney-General in this colony.

Court of Queen's Bench. “ That to intrust to the governors of your Majesty's Australian colonies the power to interfere with the rule

NEW TRIALS. which has hitherto prevailed is subject to the strong

REMAINING UNDETERMINED AT THE END OF THE SIT. constitutional objection of placing it in the power of an

TINGS AFTER MICHAELMAS TERM, 1851. Executive, not responsible to the Legislature, to exalt FOR JUDGMENT.

Glo'ster-Roberts & Wife v. one of its own members, on purely party considerations, Wilts Kendall v. Wilkinson

Phillips & an. to an office which ought to be entirely above suspicion.

For ARGUMENT. “ That whatever claims or qualifications Mr. Fleming

HILARY TERM, 1851. may derive from the circumstance of his having held

Lond.-Nicoll v. Oliver Stand over till the case of Mit. the office of your Majesty's Attorney-General in this

Hill v. Oliver cherson v. Oliver (in error) is colony belong in a far higher degree to Mr. Justice Brodie v. Oliver disposed of. Horne, who held and faithfully discharged the office of

Mich. TERM, 1854. Norwich-Fyson & Attorney-General for a considerable period, and has Midd.—Young v. White & ors.

Kitton since as faithfully discharged the office of puisne judge. Salop-Lloyd & ors. v. Earl | Suffolk— Brown v. Shave “ That it may be presumed, that, in giving up the

of Powis

North'ton-Warren v. Ireson superior emoluments of the office of Attorney-General Stafford — Farley v. Danks and a large private practice, Mr. Justice Horne looked Huntingdon-Reg. o. Inhabs.

Reg. v. Botfield forward with a reasonable degree of certainty to succeed !

of Bedfordshire | York-Sadler v. Henlock






[ocr errors]

& an.


York-Jennings v. Roberts Liverpool - Reg. v. Petrie & Smith, App., Douglas, Resp. Gilkes v. Leonino
Durham-Wakley & ors. v.

(County Court Appeal) Farnell o. Smith
Backhouse & ors.

Schofield, an in- Borthwick, App., Walton, Alexander r. Hoddersley Northumberland-Craster 0.

fant, r. Schunck Resp. (County Court Ap.) Stratton v. Pettit.
Archbold Denbigh- Mostyn v. Ogilvie
Carlisle-Pears v. Harding
Tried during Term.

Liverpool-Hartley v. Pon. Midd.-Hartshorne v. James

Jenkins v. Betham,

London-Johnston v. Roberts
Hocking v. Pon-

Hamond v. M'Cree

Court of Erchequer.
Steele o. Schom-
Greatheed v. De-


merara Railway Co.
Days in Term.


Thursday.... Jan. 11 Motions and Peremptory Paper. SPECIAL CASES AND DEMURRERS


12 Errors, Peremptory Paper, & Motions. For HILARY TERM, 1855.


13 Those marked thus * are Special Cases, and thus † Demurrers. Monday

15 For JUDGMENT. +Hall & an. v. Janson


16 *Bostock.v. North Stafford. + Powers v. Fowler

Wednesday. 17 Special Paper. shire Railway Co. *Lee v. Lee


18 Circuits chosen. f Mayor, &c. of Norwich v. *Lord Wellesley v. Withers Friday

19 Norfolk Railway Co. TGold v. Booth


20 Crown Cases. † Breary r. Kemp & an. *Morewood v. Pollok


22 Special Paper.

Tuesday.. 23
Hey o. Appleyard & an. (Spe. Price v. Barker & an.
cial verdict)

*Charing Cross Bridge Co. v. Wednesday 24 Special Paper.


25 FOR ARGUMENT. Dixon & ors. v. Whitehead Friday

26 † Owens v. Wynne & an.

(Appeal from Oldham Saturday.. 27 +Hughes v. Wynne & an. County Court)


29 tJones v. Wynne & an. +Gibson & an. v. Bradford Tuesday:

30 tR. Roberts v. Wynne & an. tHarrison v. St. Katherine Wednesday. 31 † E. Roberts v. Wynne & an. Dock Co.

Days Term.

Nisi Prius.
*Steele v. Schomberg
+ Carling v. Ridley & ors.

Friday. Jan. 12 Middlesex, first Sitting.

22 Middlesex, second Sitting.
For HILARY Term, 1855.

First Day.
Reg. v. Justices and Treasurer FOR JUDGMENT.

Leicester - Barnett o. Earl of Rainforth v. Hamer of the East Riding


Moved Easter Term, 1853.
Gore v. Baker
Same v Justices and European Lond.-Lawes v. Bachelor

Lincoln-Harding o. Roberts In re Henry Parker & ors. and Electric Printing Tele

Warwick-Abbott v. Butt Same v. Same

Pritchett v. Lar. Cavendish & an. v. Houghton graph Co.

Gibson v. Sturge Mackenzie v. Sligo and Shan. Same v. Marshall

Barstow v. Reynolds Same v. Sheriff and Treasurer non Railway Co.

Stafford-Simpson o. EgginSame v. Same of Warwickshire


FOR ARGUMENT. Same v. Same

Moved Mich. Term, 1854.

York-Carter o. Pybus Mutrie v. Younghusband

Fifth Day.
Lond.-Elsam v. Hall

Harper . North-eastIn re Jacob Choaks & Edward | In re Marquis of Hertford v.

Rawlings v. Chandler

ern Railway Co. Hope Thomas Griffin

Frost v. Heath

Hope r. Meek Taylor 0. Nesfield Marquis of Hertford v. Cooke.

Egan v. Sykes

Carlisle-Topping o. HetheWest v. Binks


De Benardy v. Hard. Lancaster-Procter o. Hodg

ing London ...... Reg. v. Moss.


v. Larkan

Liverpool-Evans o. Robinson Manchester The Postmaster-General. Guildford-Cornwell v. Me.

Graves o. Legg Middlesex.. Inhabs. of St. George, Bloomsbury.

tropolitan Com Chester-Booth v. Bourne Devonshire Parish Officers of Staverton.

missioners of

Davies o. Roper Yorkshire Inhabs. of the Township of Halifax.


Moved after the fourth Day of

Jauncey v. Same Mich. Term, 1854.
Court of Common pleas.

Boyle v. Wiseman Lond.-Smart o. Guardians,
Clements 0. Pol.

&c. of West Ham NEW TRIALS.


Union. Mored Hilary Term, 1854. Midd.-Wilmott v. Erskine

Northamp.- Pellv. Shearman Cuthbert o. Cumming. Midd.— Allsop v. Brittain. Lond.- Edwards v. Hodges Moved Mich. Term, 1854. Benjaminv. Benjamin

PEREMPTORY PAPER. Midd.-Lefroy v. Cridland

Harnor v. Groves To be called on the first Day of Term after the Motions, Castrigne v. Trout.

Smart v. Harding.

and to be proceeded with the next Day, if necessary, before beck

the Motions.

Morewood v. Tupper Phelps v. St. John

Reed v. Aikin

Jamieson v. Trerelyan
Second Day.
Until after Action tried in
Drayson v. Andrews

Hinton v. Mead
Neave v. Millns

Queen's Bench.
Kendall v. Symonds

Kimpton London and
Smith v. Durall

North-western Railway Co. Wilson v. Morrell Dawson v. Williams. In re Hill v. Swift

Peachey v. Gear.

Brebnor v. Harrison
Saturday, Jan. 13.
Armstrong v. Martinez

Cottrell v. Hughes
Towns v. Mead

FOR ARGUMENT. Baines v. Holland
Northampton Gas-light Co. v. Bell v. Young

Stewart v. M.Kean

Mourilyan v. Curling
Bowes v. Ravensworth

Heald v. Kenworthy (Part hd.) Porritt r. Baker.
Same v. J. Parnell
Taylor v. Robinson

Pauling v. Mayor of Dover

[ocr errors]



[ocr errors]
[ocr errors]


[ocr errors]
[ocr errors]
[ocr errors]
« PreviousContinue »