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Shaw, John William, Liverpool, Broker and Merchant. Bhckstnck & Co., Temple: Littlettale & I'o., Liverpool. Oct. 3.

Stannett, William, l'rinces Street, Lambeth, Surrey, Victualler. Graham, On". Ass. : Rushbury, Fish Street Bill. Sept. 29.

Sheppanl, Robert, Boston, Lincoln, Coal Merchant. Jehlt, Boston: Hawkins & Co., New Boswell Court. Oct. fi.

Silvester, Henry, Birmingham, Florentine Button Maker. Alexander & Co., Lincoln's Inn Fields: Dank', Birmingham. Oct. 6.

Shirley, Robert, Kinfare, Stafford, Worsted Yarn Manufacturer. Smith, Chancery Lane: Hill & Co., Worcester and Kidderminster. Oct. 6.

Stringer, George, sen., High Street, Islington, Middlesex, Furnishing ironmonger. Green, On". Aas.: Asm, Dyer's Buildings, Holborn. Oct. 13.

Sheldon, John, Gloucester, Builder. Bavxfield. (itlildhall Buildings: Winterhotham, Cheltenham. Oct. 24.

Sheppard, John, Lower GrosvernorStreet, Grosvernor Square, Wine Merchant and Hotel Keeper. WhUmorr, Off. Ass.: Williams, Alfred Place, Bedford Square. Oct. 20.

Turner, Horatio, and William Turner, jun., Greenhill near Cross Hills, Kildwick, York, Worsted Stuff Manufacturers. Singleton, New Inn . Barret, Binglev, Yorkshire. Sept. 29.

Vowles, Thomas, Yatton, Somerset, Tailor and Shopkeeper. Skeirman & Co., Bartlett's Buildings: Day, Bristol. Oct. 20.

Walden, Thomas Blades, Liverpool, Silk Mercer and Draper. Abbott & Co., Charlotte Street, Bedford Square: Bennett, Manchester. Sept. 2 J.

Wharton, James, Hulme, Manchester, Joiner and Builder. Milne & Co., Temple: Cassun & Co, Manchester. Sept. 22.

Wheater, Joshua, of Farnley, Leeds, Cloth Manufacturer. Hurdwick & Co, 19, Lawrence Lane: 7. & J. Lee, Leeds Sept. 26.

West, William Anthony Augustus, Ecclestun, Lancaster, Crown and Flint Glass Manufacturer. Chester, Staple Inn : Barnes, St. Helen's. Oct 10.

Whitaker, John, Wortley, Leeds, York, Cloth Manufacturer. Hardwick & Co., Cateaton Street: Messrs, Leeds. Oct. 13.

Wickstead, Robert, Paradise Street, Rotherhithe, Surrey, Victualler and Livery Stable Keeper. Green, Off. Ass.: Asprey, Furnival's Inn, Oct. 17.

Wells, John, Sheffield, York, Victualler. Fiditey, Serjeant's Inn, Fleet Street: Rayner Sl Co., Sheffield. Oct. 17.

Walker, Edwin, William John Walker, Frederick Welker, and Parker Newton Walker, Thurston Land, Kirkburlon, York, Clothiers. Stephenson 6i Co., Holuifirth, near Huddersfield: Baltye h Co., Chancery Lane. Sept. 29.


rVednftilny, Octoher 25, 183/. 3 per Cent, reduced - - - 91 | t i 3 per Cent. Consols - - - - - 92 } 3 t I 3f per Cents, reduced - - 99 J j

New 3{ per cent. - - - - 100 j I Long Annuities - - - - 14 J 13—\<i f

India Stock 263 2J 3

India Bonds - - - - 53 54 pm.

South Sea New Annuities - - - 90 I Bank Stock for Account - 210 \

Consols for Account - - - - 0, J }
Indian Stock for Account ... 2»i'i $
Exchequer Bills - - - - 5153wti:

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■ I'

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.; \ -I

We very much regret to find that the ,\ Post Office has charged postage in some instances, on the Stamped Edition of thU Work, even when sent without the wrapper, on the ground that it is not a Newspaper. iV^e .bpi<f/,u) therefore to the law, not wishing to expose our Subscribers to this vexation, and it being jnir possible to tell on whom next it may fait,;.. After the present Volume, therefore, we.shall ,, no longer publish the Stamped edition. V\« {, are the more reconciled to this, as comparatively few of our Subscribers have chosen to avail themselves of it, which seems to shew that the profession prefers receiving the work through their booksellers. Subscribers will please to give directions accordingly. The First Number of the new Volume, for the Session 1837—1838, will commence on Friday, November 3.

The letter of "A Subscriber," as to Trust* for Married Women, and the Responsibility of Trustees on a Mortgage of Houses, shall be attended to.

"Rusticus " should state the grounds of his camion more fully.

The Police Report mentioned by R. is not within the province of this work. There can be no doubt about the law of the matter. The question is one of fact.

The papor of D. W. on the New Law of Descent, will appear in an early number.

If W. J. M. will take the trouble of putting his two letters into one paper, it shall he inserted. The first letter has been mislaid.

The List of Bankrupt*, alphabetically arranged, and other Lifts useful to the Profession, will be given as usual in :he Monthly Record or Supplement, published the la-t Saturday every Month.

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1. The deponent to an affidavit of merits, produced in order to set aside interlocutory udgment, must be the defendant, his attorney or agent, or must be shewn to have had the management of the cause. howbotham v. Dupree .... Page 212

2. In an affidavit of merits, produced on an application to stay proceedings on the bailbond, if made by an attorney, he must be shewn to be the attorney of the defendant. Botihefer v. Russell . . .263

5. The Court will not permit an affidavit to oe -ifsed which is sworn before a commissioner who acts as the attorney of the defendant befortfim appearance is entered. Kidd v. Davis.


4" It Is udt enough in Q. B. to allege in an affidavit of debt, that the defendant is indebted to the plaintiff " on an account stated between theYn!'1 Hooper v. Peitris . . 357

6.' 'A* affidavit of debt, stating the defendant to 'be" indebted to the plaintiff in the sum of 800/. *' the balance of an account stated," is sufficient in C. P. without the addition of the wdrds "and settled." Tyler v. Campbell. 13

6. 'SemMe, that it is insufficient, for the purpose of holding a defendant to bail, that the person making the affidavit of debt, is the clerk of the attorney who has the management of the plaintiff's affaiis. Graves v. Browning . 12

7- Tbe description given of himself by a deponent, in an affidavit to hold to bail, that he Is " acting as managing clerk" to the plaintiffs attorneys, is not sufficient; and where a defendant was held to bail on such an affidavit, the Court made a rule absolute for discharging him from custody. Graves v. Browning - •. • . .26

8. Where two persons make a joint affidavit, and the addition of one of them is defective, that portion of the affidavit made by the other may nevertheless be read. Ex parte Edmonds.

-t "< 469

9. Under certain special circumstances, the Court will arlow the addition of a deponent to be amended. Boskay v. Litter . . 278

And see Bail, I.

, »| APPEAL.

A party who appeals against a borough-rate made under the authority of 5 & 6 W. 4, c. 76, s. 92, must state in his notice of appeal that he is a party aggrieved, or the notice will be insufficient. The King v. The Recorder of Poole 211

VOL. XIV.—NO. 427.


1. If an articled clerk has not been furnished in due time with the questions, pursuant to the new rules, for the purpose of examination, in consequence of the London agent's negligence, the Court will allow him to send in his answers, after the usual time, on the terms of the London agent paying the expenses of the application. Ex parte Holland \, lt ... ,, Page 101

2. A suitor changed his solicitors pending the suit, and paid their bill of costs by his new solicitors, without threat of arrest, or pressure for his papers in their possession, and without protest or reservation: Held, that the hill is not to be afterwards referred to be taxed, unless upon proof of errors or improper charges therein, amounting to fraud. Hurlock v. Smith . . . .40

3. An order obtained ex parte, to tax an agents bill of costs, is irregular. Qtucre, has the Court jurisdiction to order a bill for agency to be taxed. Jones v. Roberts . . 40

4. If a defendant intends to rely on the non delivery of a bill by an attorney within the terms of the statute, he must plead such. Lane and another v. Glenny . v . 290

5. Money was recovered in the course of the cause and paid into Court. The party entitled afterwards became bankrupt, and the conduct of the cause, as well as the money in Court, devolved on his assignees, who discharged his solicitors and employed others. The solicitors to the cause, in the course of which the money was recovered, had a lieu for their costs in that fund. Pounset v. Alexander . . 290

6. 11 is not a sufficient answer to an application that the accounts between an attorney and his client may be referred to the master, that nine years have elapsed since the subject-matter in dispute occurred; and the master will not be restricted by the Statute of Limitations, but may go into the whole inquiry. Ex parte Sharpe . . . . .358

7. When an attorney defendant has appeared as attorney, he must be considered as appearing in person, and a plea in the name oi another attorney is good, although a rule for change of attorneys has not been obtained, and interlocutory judgment signed as for want a plea, will be set aside. Kerrison v. Wellinborough . . . . .311

8. An attorney having brought an action for an uncertificated bankriipt, in which the

Elaiutiff was nonsuited, but the matter having een referred to an arbitrator, who awarded 2 I

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a certain sum to be due to the plaintiff, the attorney will be entitled to his lien on the award for the costs of the action and the award; but will have no claim for money lent to enable the plaintiff to perform the work, on which the cause of action was founded, and the residue will belong to the assignees of the bankrupt. Jones v. Turnbull . Page 86

9. An allegation on oath by a solicitor, that accounts between him and his client had been settled several years ago, will not exempt him from the investigation of the accounts, or from the taxation of his bills of costs. Hughes v. Wynne 308

10. Held, that although a solicitor admitted that he received from his client more than his bills of costs amoun ed to, yet as the charges in the bills were disputed, he was not bound to give up the client's papers until the bills should be taxed. Gordon v. Dulzell . 260

11. A bill of costs incurred by a solicitor for conveyancing business, is subject to taxation if he detains the client's deeds; the power to order the bill to be taxed being held to be incidental to the Court's undoubted jurisdiction to order the deeds to be delivered on payment of what is due to the solicitor. Ex parte Brooke in re Rice . . .129

12. The Court will not strike an attorney off the rolls upon the ground of misconduct alleged to have been committed before his admission.

If there has been a defective service under the articles of clerkship, or if such articles themselves, or their registry, or the admission and enrolment should be defective, the application to the Court on account of any such defect must under the 6 W. 4, c. 7 «■ 8, be made within twelve months from the time of the admission of the clerk. In re Walsh 114


1. Unless a rule for setting aside an award be drawn up on reading the award, the Court will discharge it. Barton v. Rnnsome . 02

2. Circumstances under which it was held that the second issue was immaterial, and that the award was certain, inasmuch as that the date of the last settlement was not a matter in dispute, and that there being no confession in the plea of the cause of action, but an immaterial issue being raised, a repleader would be awarded, and judgment non obstante veredicto would not be granted, but that on judgment of repleader, or mm obstante veredicto, neither party would be entitled to costs, the law in that respect not being affected by the rule of H. T. 2 W. 4, s. 74. Plummer v. Lec.


3. Circumstances under which an award on a reference was held sufficiently certain. King v. Earl Dundonald . .86

4. The mis-description of the names of the umpire in the affidavit of service of a copy of an award, will not prevent the Court from granting an attachment.

An affidavit of the enlargement of time for making the award is unnecessary. Smith v.

Reeves, In the matter of the arbitration between .... Page 19/


1. On an application to stay proceedings on the bail-bond, it is not necessary to shew that a rule for the allowance of bail has been obtained.

The defendant swearing that "he is advised and believes" he has a good defence, is sufficient in an affidavit of merits.

A trial must have been lost at the time of moving to stay proceedings on the bail-bond, in order that the bond shall stand as a security. Crosby v. Innes .... 343

2. The bail swearing that they are worth property " over and above their just debts," instead of " over and above what will pay their just debts," will not prevent their justifying; but the plaintiff will not be required to pay the costs of opposition in the event of their justifying. Miller's bail . . .29

3. When bail are sought to be justified in order to take money out of Court, if paid in under the statute, no objection exists to the justification, as the right to have the money out of Court must depend on subsequent consideration. Lleicellyn's bail . 12

4. The Court will not suffer bail to be justified in respect of a debt, for which the defendant has taken the benefit of the Insolvent Act, and has been remanded. Stone's bail.


5. An assignment of the bail-bond having been taken, the original defendant cannot have security for costs until the proceedings on it arc finally stayed. Bonnefer v. Russell.


6. A motion for the stay of proceedings against the bail will prevail, unless there shall have been a prevention from going to trial. Clark v Festris . . . . 27

7. The bail will not be rejected because in the affidavit of justification, under the rule of T. T. 1 W. 4, they are described as being "possessed " of the requisite amount, instead of " worth j" but the defendant cannot have the costs of justification. Carter's bail . 229


1. A fiat in bankruptcy was not prosecuted for twenty-four days, and five days more elapsed before a mistake, discovered on the twenty-fifth day, was rectified. At the expiration of twenty-nine days another solicitor, for a different creditor, applied for a new fiat, which was issued. The Lord Chancellor, on appeal, confirmed the fiat to the new petitioning creditor, and ordered the former to be cancelled. In re Scott . . .99

2. A fiat against a bankrupt in the country was directed to commissioners, not in the list for the district within which the bankrupt traded, on the ground that the commissioners in that list were creditors of the bankrupt, which was not the fact. The Court superseded that fiat, and ordered another to be issued,

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directed lo the proper district list of commissioners. In re Evans . . Page 162


1. Where one of several defendants has removed an indictment by certiorari, the Court will not, except on very particular grounds, afterwards impose terms upon him as to the trial of the indictment. Rex v. Newton and others . . . .210

2. The Court of K. B. will not inquire into the discretion which may or may not he shewn by the Poor Law Commissioners, in the doing of any act which the Poor Law Amendment Act clearly gives them authority to do. The King v. The Poor Laic Commissioners . 180, 374


Under the provisions of the 1 R. G. H. T. 2 W. 4, s. 72, it is sufficient for the attorney attending on behalf of a defendant in custody and giving a cognovit, to declare verbally that be subscribes as his attorney.

A defendant will be entitled to the benefit of the rule when, having represented a person to be his attorney, who was not an attorney, it shall appear he made the misrepresentation without fraud. Wallace v. Brockley . . 438


1. A purchaser of an estate sold at auction bv order of the Court, for the payment of plaintiff's legacies, is entitled, on the title being found not marketable, to have all his costs of investigating it from the plaintiffs, who were to have them as costs in the cause out of the fund in Court in the cause. Berrcy v. Johnson .... 196

2. An acceptor of a bill of exchange refused to pay, because the bill was not produced, although an affidavit of the loss of the bill and an indemnity were offered: Held, that the acceptor was liable to pay the bill, and the costs of the suit. Gerard v. Hunter . 226

3. A fund in Court was created by payment of an annuity into Court by the trustee thereof, who was a defendant to a bill filed by the annuitant, and who, on a compromise of the suit, assigned the annuity and the arrears thereof: Held, that the trustee had not a lien on the fund for his costs in the suit, as for debts due to him from the annuitant. Ex parte Lady Glamis, in liraham v. Bowes . . 25

4. The defendant was entitled to the costs of the issue raised by his plea, though the special finding in substance embraced it, and the defendant's costs on that issue were directed to be deducted from the costs on the other side. Guest v. E/ires . . . 373

5. Costs under the statute 7 O- 2, c. 20, according to the established practice, are to be taxed as between party and party. Doe d. Capps v. Capps . - . .116

6". When on a trial before the sheriff, the plaintiff has recovered less than 40*., the Court cannot deprive him of his costs. Story v. Hodgson .... 277

7. A pauper plaintiff must be dispaupered before he can be compelled to give security

for costs, although he may have petitioned for his discharge under the Insolvent Act. Mylettv Hucker . . Page3i0

8. Where the claimant does not appear on a rule under the Interpleader Act, the Court will not award the costs against him, nor out of the fund. Lamlterl v. Cooper , 278

9. The defendant will be entitled to enter a suggestion to give himself double costs under the Middlesex County Court Act, although a verdict shall have been found for more than 40s. by the jury, if it shall have been reduced on an application to the Court on a point of law. Wells v. Langridgc . 19S

10. Where the plaintiff has neglected to charge the defendant in execution, and he has been superseded, the Court will not allow the plaintiff the costs of an action brought on the judgment. Hall v. Pierce . . 183

11. The holder of a bill may arrest for the whole amount, and the defendant is not entitled to costs under the 43 G. 3, c. 46, on the plaintiff recovering a less sum. Edwards v. Jones ..... 166

12. A suggestion as to costs maybe entered after final judgment and execution. King v. Gate . . . 87


1. If it appear that the tenant has gone abroad in distressed circumstances, and there does not appear any probability of his return, the declaration may be served on the servant in care of the premises. Doe d. Fry v. Hoe.


2. Where a service of a declaration in ejectment on one of several tenants is sufficient. Doe d. Donlan v. Roe . . . 279

3. An appearance need not be entered for the casual ejector before judgment. Doe d. Morgan v. Roe . .167

4. The Court will grant a rule nisi when the tenant is required in the notice to appear in Easter Term, it being explained that Trinity Term was intended. Doe d. Symes v. Roe.


5. Affidavit of service on the last person in possession, is not sufficient to obtain judgment. Doe d. Eraser v. Roe . . . 358

6. Where the tenants lock themselves in the premises, and refuse to open the doors, placing copies of the declaration under the doors, andgiving an explanation aloud outside, will be deemed sufficient service. Doe d. Lord Somcrs v. Roe .... 342

7. The tenant having gone abroad, without its being known when he will return, service on a servant, whom he left on the premises, is sufficient. Doe d. Mather v. Roe . . 359

8. If there be reason to suppose that the person served with process is the tenant, the Court will grant a rule for judgmeut. Doe d. Hunter v. Roe .... 343


A testator devised all his lands and hereditaments to trustees until his children all attained twenty-one, and then to his children, subject to a rent-charge, with power of distress to his widow, to whom he gave other

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considerable benefits by his will: Held, that the widow was not put to her election between the rent charge and her dower, but might enjoy both. Dowson v. Bell . Page 210


A writ of error coram cobit is not only a supersedeas from the time of its allowance, but from the time of notice of its being sued out being given.

Error in fact is not within the statute 6 G. 4, C. 96, s. 1, by which bail in error is required. Levi v. Price .... 407


1. It is not sufficient to take a case out of the Statute of Limitations, pursuant to the 9 G. 4, c. 19, s. 1, that a letter written by the defendant shall contain the following words: "1 will see Davis or write to hiin; I have no doubt he has paid it: if bv chance he hat not paid it, it is very tit it should be." Poynder v. Black . . . . .359

2. The 31 G. 3, e. 25, s. 19, is incorporated in the 55 G. 3, c. 184, s. 8, and therefore a draft on a banker, which ought to be stamped, is not admissible in evidence, nor good, useful, nor available in law without such stamp.

The objection to its admissibility may be taken without being pleaded. Field v. /rood.



Affidavits in support of an application under the Fines and Recoveries Act, 3 & 4 W. 4, c. 74, s. 91, which purport to have been sworn .before a commissioner for taking affidavits for this Court, need not be entitled in the Court. Ex parte Bates . . . .28

A contract for the purchase of a patent invention being set aside by reason of fraudulent misrepresentations of its advantages, though only one of the vendors was guilty of the misrepresentations, it was held that all of thein were liable generally to refund the purchase money, and to pay the purchaser's costs of suit, without reference to their particular interests in the invention. Lovell v. Hicks . 179


1. The 6 & 6 W. 4, c. 41,has not a retrospective operation.

As a general rule, the law existing at the time at which a contract is made, must he the law administered in any action brought on that contract. If a statute relating to the subject-matter of that contract, is passed alter the contract made, the Court will not apply the provisions of that statute to the contract, unless the words of the statute expressly require that it should be so applied. Hitchcock v. fFay 277

8. Where the defendant pleads that the consideration of a bill was a gambling transaction, and the plaintiff traverses, the defendant must give proof of the illegal consideration

before the plaintiff need prove the value given. Edmunds v. Groves . . Page 4/t

. , »'


A general hiring is a hiring for a year; and if the service is continued beyond the first year, the notice to terminate it must be a notice ending with the current year. The exception to this rule in the case of domestic servants, is not an exception of law. but of fact, arising from the universal and well known custom by which a jury would presume both parties in such a case to have considered themselves bound, when they entered into the contract.

Where there is a general hiring for a year, a dismissal in the third year is subject to the same conditions as a dismissal within the first year. Williams v. Byrne . .291


Where an inferior Court has pronounced an erroneous judgment, and entered it of record, this Court cannot alter that judgment, nor remit the case to an inferior Court, but must reverse it.

A judgment recorded against burglars to be transported, is an erroneous judgment. In the first instance the judgment ought to have been judgment of death. Bournes and two others v. The King . . .' 100


The Court requires a full statement of facts in applications ex parte for injunctions, and will bold a concealment of a material fact a sufficient ground to dissolve the injunction. Payne v. Bristol and Exeter Railway Ci

ompanij. 436


A warranty in a fire policy on a cotton mill, that the mill is "worked by day only" is not shewn to have been broken by an allegation that the steam engine and shaft of the mill have been worked during the night. MayaJl v. Mitford . . . .43


1. Judgment cannot be signed on a cognovit, until the defendant is in Court. Watson r. Dow . .134

2. A defendant having died in Hilary Terin, the Court refused to allow judgment nunc pro tunc to be entered on a cognovit in Easter Term. Mann \. Isord Audley . . '62

3. Where a party has been prevented from entering up judgment by the act of the Court, for more than two terms, the Court will interfere, and the case does not come within the stat. 17 Car. 2, c. 8, s. I. Green v. Cogden . 133

4. When a plaintiff has given notice, but has failed to go down to trial in consequence of the absence of a witness, and the defendant having given one day's notice, moves for judgment as in case of a nonsuit, but the plaintiff subsequently gives fresh notice, and obtains a verdict in the absence of the defendant, the

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