jm. Leicester, ironmonger, Feb. 7 at 11, District Court of Bankruptcy, Birmingham.-Edward Potter Worth, Henby in Arden, Warwickshire, victualler, Feb. 7 at 11, District Court of Bankruptcy, Birmingham.-Charles Homer, sa., West Bromwich, Staffordshire, wine and spirit merchant, Feb. 12 at 12, District Court of Bankruptcy, Birmingham.-Charles Carter, Saddington, Leicestershire, miller, Feb. 10 at 11, District Court of Bankruptcy, Birmingham.-Joseph Banks, Liverpool, tallow chandler, Feb. 4 at 12, District Court of Bankruptcy, Liverpool.-Wm. Henry Fitzhugh, Liverpool, merchant, Feb. 10 at 11, District Court of Bankruptcy, Liverpool.-James Storey, Liverpool, ship chandler, Feb. 6 at 11, District Court of Bankruptcy, Liverpool.-John Gibb, Liverpool, ship chandler, Feb. 6 at 11, District Court of Bankruptcy, Liverpool.-George Alexander, Beaminster, Dorsetshire, innkeeper, Feb. 6 at 11, District Court of Bankruptcy, Exeter.-Christopher Rayner, Blackburn, Lancashire, grocer, Feb. 6 at 12, District Court of Bankruptcy, Manchester.-John Sharples, Blackburn, Lancashire, cotton manufacturer, Feb. 4 at 12, District Court of Bankruptcy, Manchester. To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before Feb. 4. Robert Smith, Manchester, yarn agent.-John Davies and Richard Davies, Chiswell-street, Middlesex, linen drapers.Joseph Nicholl, Halifax, Yorkshire, worsted spinner.-Alfred Thompson, Southampton, and Chichester, Sussex, grocer.Thurstan Cook, Kirby-street, Hatton-garden, and Acton-st., Gray's-inn-road, Middlesex, silver cutler.-Edward Peters, Godstone, Surrey, brewer. FIAT ANNULled. Joseph Harvey, St. Mary-axe, London, builder. SCOTCH SEQUESTRATION. Dagold McDougall, Greenock, lime merchant. INSOLVENT DEBTORS. Saturday, Jan. 11. 5 JOSEPH GEORGE TODMAN, Gray's-inn-lane, Middlesex, licensed victualler, Jan, 28 and Feb. 28 at 12, Court of Bankruptcy, London: Off. Ass. Edwards; Sol. Dimes, 26, Bread-street, Cheapside.-Fiat dated Dec. 2. THOMAS BROWNING, New Inn, Old Bailey, London, innkeeper, victualler, dealer and chapman, Jan. 29 at 12, and Feb. 26 at 1, Court of Bankruptcy, London: Off. Ass. HENRY ROME STUTCHBURY, Theobald's-road, BedBell; Sol. Lambe, Bucklersbury.-Fiat dated Jan. 14. ford-row, Middlesex, bookseller and dealer in curiosities, Jan. 24 at half-past 1, and Feb. 25 at 12, Court of Bankruptcy, London: Off. Ass. Groom; Sol. Webber, 3, CaroGEORGE DICKINSON, South Portman-mews, Portmanline-street, Bedford-square.-Fiat dated Jan. 13. square, Middlesex, farrier and blacksmith, dealer and chapman, Jan. 24 and Feb. 28 at 2, Court of Bankruptcy, London: Off. Ass. Groom; Sols. Buchanan & Grainger, WILLIAM ROBERTSON, Eagle Coffee-house, Eagle-ter8, Basinghall-street, City.-Fiat dated Jan. 15. race, City-road, Middlesex, coffee-shop keeper, dealer in tobacco, dealer and chapman, Jan. 24 at 11, and March 1 at half-past 11, Court of Bankruptcy, London: Off. Ass. Follett; Sols. Buchanan & Grainger, 8, Basinghall-street, City.-Fiat dated Jan. 14. MEETINGS. hop factor, Jan. 24 at 12, Court of Bankruptcy, London, last Henry Simmonds, sen., High-street, Southwark, Surrey, Court of Bankruptcy, London, last ex.-John Lambert, New ex.-Wm. Law, Reading, Berkshire, draper, Jan. 24 at 11, Elvet, Durham, grocer, Feb. 4 at 1, District Court of Bankruptcy, Newcastle-upon-Tyne, last ex.-Richard Allinson, Whitehaven, Cumberland, ironmonger, Feb. 6 at 2, District Court of Bankruptcy, Newcastle-upon-Tyne, last ex.-Thos. Wright, Edinburgh, and Rich. Burgess and Ralph Taylor, Tunstall, Staffordshire, earthenware manufacturers, Jan. 29 at 11, District Court of Bankruptcy, Birmingham, last ex.-Sam. Billingsley, jun., Harwich, Essex, merchant, Feb. 11 at halfpast 11, Court of Bankruptcy, London, aud. ac.; Feb. 14 at The following Assignees have been appointed. Further Par-12, div.-Thomas Rollings, Ingram-court, Fenchurch-street, ticulars may be learned at the Office, in Portugal-st., Lincoln's-inn-fields, on giving the Number of the Case. Edwin Augustus Rounsevell, Dawlish, Devonshire, gentleman, No. 47,766 C.; Fras. Hernaman, new assignee, in the room of Samuel Seccombe, removed.-Alexander Birtwhistle Blackie, St. Peter's-square, Hammersmith, Middlesex, general commission merchant, No. 57,256 T.; Michael Joseph-John T. Milner and Colley Bedford, Kingston-upon-Hull, Reddin, assignee. The following Prisoners are ordered to be brought up before FRIDAY, JANUARY 17. BANKRUPTS. WILLIAM ALDRED, George-street, New Kent-road, Surrey, builder, Jan. 21 at 12, and Feb. 25 at 11, Court of Bankruptcy, London: Off. Ass. Turquand; Sol. Beart, Bouverie-street, Fleet-street.-Fiat dated Jan. 11. ANTONIO NICHOLAS ARMANI, Scott's-yard, Bushlane, London, merchant, dealer and chapman, (trading under the firm of A. N. Armani and Company), Jan. 28 at 12, and Feb. 26 at 2, Court of Bankruptcy, London: Off. Ass. Johnson; Sol. Crofts, Scott's-yard, Bush-lane.-Fiat dated Jan. 14. THOMAS RICHARD WITHERS, Rumbridge, Elling, Southampton, brewer, dealer and chapman, Jan. 31 at 2, and Feb. 28 at 1, Court of Bankruptcy, London: Off. Ass. Edwards; Sols. Coxwell & Harefield, Southampton; Sowton, 27, Great James-street, Bedford-row.-Fiat dated Jan. 13. ANDREW DONALD, St. Alban's, Hertfordshire, lodginghouse keeper, bookseller, dealer in stationery, dealer and chapman, Jan. 22 at half-past 2, and Feb. 26 at 12, Court of Bankruptcy, London: Off. Ass. Bell; Sols. Buchanan & Grainger, Basinghall-street.-Fiat dated Jan. 11. London, wine merchant, Feb. 7 at 12, Court of Bankruptcy, chester, silk mercers, Feb. 10 at 12, District Court of BankLondon, aud. ac.-Rob. Caldecott and John Caldecott, Manruptcy, Manchester, aud. ac.; Feb. 12 at 12, first and fin. div. joint and sep. est.-Thos. Jarmain, Bristol, money scrivener, Feb. 10 at 11, District Court of Bankruptcy, Bristol, aud. ac. Leeds, aud. ac.-Edmund Adams, Blenheim-st., New Bondconfectioners, Feb. 10 at 11, District Court of Bankruptcy, Middlesex, bookseller, Feb. 7 at 11, Court of Bankruptcy, street, Middlesex, livery-stable keeper, Feb. 7 at 12, Court of London, fin. div.-Charles Newman, Scripps, Little CoggleBankruptcy, London, fin. div.-Chas. Daly, Red Lion-sq., shall and Great Coggleshall, Essex, and Llanon, Carmarthenshire, miller, Feb. 7 at half-past 11, Court of bankruptcy, London, div.-Jas. Richards, Oxford-street, Hanover-square, Middlesex, livery-stable keeper, Feb. 7 at 2, Court of Bankruptcy, London, div.-Charles Stanley Masterman, Croydon, maker, Feb. 10 at 12, District Court of Bankruptcy, ManSurrey, grocer, Feb. 7 at half-past 1, Court of Bankruptcy, chester, div.-Wm. Mather, Colin Mather, and John Tennay London, div.-Sidney Price, Blackburn, Lancashire, machine Newstead, Manchester and Salford, Lancashire, iron founders, div.; Feb. 13 at 12, aud. ac.-John Turner Milner and Colley Bedford, Kingston-upon-Hull, confectioners, Feb. 14 at 11, Feb. 12 at 12, District Court of Bankruptcy, Manchester, fin. District Court of Bankruptcy, Leeds, fin. div. joint and sep. Court of Bankruptcy, Bristol, aud. ac. est.-John Protheroe, jun., Bristol, Feb. 10 at 12, District CERTIFICATES To be allowed, unless Cause be shewn to the contrary on the John Raper, Bridge-road, Lambeth, Surrey, tailor, Feb. 7 Court of Bankruptcy, London.-Amelia Warren, Parliamentstreet, Westminster, Middlesex, widow, Feb. 11 at 1, Court of Bankruptcy, London.-Wm. Henry Hayward, Manchester, cotton spinner, Feb. 7 at 12, District Court of Bankruptcy, Manchester. cloth boards, Just published, in Six very thick octavo Volumes, price 67. 10s. in strong FICER. The Twenty-ninth Edition, corrected and greatly enlarged, containing the Statutes and Cases to 7 & 8 Vict., inclusive, with a New Collection of Precedents. The Title "Poor" by Mr. Commissioner BERE, of the Exeter District Court of Bankruptcy; the rest of the Work by THOMAS CHITTY, Esq., of the Inner Temple. On introducing a new and greatly improved edition of an old-estalished book, like "Burn's Justice," to the notice of the Members of the Magistracy and the Legal Profession, the Publishers need only point attention to the claims which it has upon two such large and influential bodies, to ensure a success similar to that which has attended all previous editions. Since the year 1837 (the date of the last edition) a considerable number of important Statutes have been passed; by several of those Statutes the executive power of the Magistrate has been somewhat rehave undergone too many changes not to render a New Edition (em To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before Feb. 7. Peter Robinson, Warrington, Lancashire, bottle manufacturer.-Thomas Goldsworthy, Old Broad-street, London, and Clifton-villas, Maida-vale, Middlesex, merchant.—Benj. Osborne, Sheffield, Yorkshire, table-knife manufacturer.Sarah Chapman, Liverpool, sail maker.-Robert Currie, Newcastle-upon-Tyne, bookseller.-Richard Dunn, Wake-stricted, and by others extended, while the whole duties of the office field, Yorkshire, corn factors.-Thomas Pearce, Bermondsey-bodying every Act and decision to the present time) a valuable and nestreet, Southwark, Surrey, tripeman. FIAT ANNULLED. cessary addition to the Libraries of Gentlemen engaged in the Local Administration of Justice. The Six Volumes have received a thorough revision; the Forms have been re-modelled, and carefully adapted to the recent changes; several new Titles (created by modern enactments) have Sam. Hammond, jun., Upminster, Essex, market gardener. been introduced, and great exertions have been made to ensure a correct PARTNERSHIP DISSOLVED. and full development of the Law as it now stands. The title "Poor," which occupies the whole of the Fourth Volume, has again been pre John Philpot and John Philpot, jun., Southampton-street, pared by Mr. Commissioner Bere; and his object has been to furnish the Bloomsbury, Middlesex, attornies and solicitors. INSOLVENT DEBTORS. cases at full length, being satisfied that no compendious abstract, however carefully made, would supply a satisfactory Manual for those who attend the Quarter Sessions. The Marginal Notes and the Index are, however, abridgments of the Cases, so that the general principles of the Law may be ascertained without reading the fuller statement. The and superseding the Reports themselves, is thereby preserved, at the same time that the necessity of reading the whole is obviated by the fulness of the Marginal Note. The following Prisoners are ordered to be brought before great utility of the Work as an authority, presenting the cases in detail, the Court, in Portugal-st., on Friday, Feb. 7, at 9. Rob. Munday, Grinville-mews, Guildford-street, Russellsquare, Middlesex, plumber. Court-house, READING, Berkshire, Feb. 7 at 10. INSOLVENT Debtors' DividENDS. Wm. Mann, Bury St. Edmund's, grocer, Salmon's, Bury St. Edmund's: 28. 3d. in the pound.-Peirce Long, Highstreet, Deptford, Kent, attorney at law, Feb. 22, Watson's, Covent-garden: 18. 5d. in the pound.-Wm. Lawrance, Woodbridge, Suffolk, grocer, Notcutt's, Ipswich: 18. 7d. in the pound. S. Sweet, 1, Chancery-lane; A. Maxwell & Son, 32, Bell-yard; and CHITTY'S BLACKSTONE'S COMMENTARIES. Vol. I., by JOHN F. HARGRAVE, Esq., of Lincoln's Inn; Vol. II., This day is published, in 4 closely printed Volumes, price 61. 16s. 6d., a HARRISON'S ANALYTICAL DIGEST OF ALL THE RE- THE REAL PROPERTY STATUTES passed in the Reigns of Wil- WORTHINGTON ON WILLS.-FOURTH EDITION. A GENERAL PRECEDENT for WILLS, with copious Practical Notes. By GEORGE WORTHINGTON, Esq. The Fourth Edition, with considerable Additions and Alterations, bringing all the Decisions on the recent Statute of Wills down to the present time. A TREATISE on the LAW of ARBITRATION and AWARDS, including the Act of Parliament relating to Arbitrations between Master and Workmen; with an Appendix of Precedents. Second Edition. By W. H. WATSON, Esq., Barrister at Law. In 1 Vol. 8vo., price 16s. bds. PALEY ON SUMMARY CONVICTIONS. 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A new Edition of Vols. 3 and 4, consisting of Parts 5, 6, and 7, but now compressed into One Volume, is just published, edited by ROBERT LUSH, Esq., Barrister at Law. This portion of the work contains the Practice of the Superior Courts of Law, Forms and Proceedings REAL PROPERTY. By WALTER HENRY BURTON, Esq. The Sixth Edition, with Notes shewing the Alterations in the Law to the present time. By EDWARD PRIESTLEY COOPER, Esq., of the Middle Temple, Barrister at Law. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. and W. T. Clarke, of Portugal-street), 26 and 39, Bell-yard, Lincoln's-inn. PRACTICE IN LUNACY. Just published, in demy 12mo., price 88. 6d. bds., in the Ecclesiastical Courts, &c. &c., and has been carefully revised and AN OUTLINE IN THE PRACTICE OF LUNACY brought down to the present time, by the introduction of all the later statutes, rules, and reported cases on the various subjects of which it treats. 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By JOSEPH ELMER, of the Office of the Commissioners in Lunacy. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the la tǝJ. & W. T. Clarke, of Portugal-street), 26 and 39, Bell-yard, Lincoln's-inn. A PETERSDORFF'S NEW ABRIDGMENT.-Now COMPLETE. In 5 vols. royal 8vo., price 77. 17s. 6d. boards, PRACTICAL and ELEMENTARY ABRIDGMENT of the COMMON LAW, as altered and established by the Recent Statutes, Rules of Court, and Modern Decisions; comprising a full Abstract of all the Cases argued and determined in the Courts of Common Law and on Appeal, with the Rules of Court from Michaelmas Term, 1824, to Michaelmas Term, 1840, inclusive, and of the Statutes passed during the same period, with connecting and illustrative References to the Earlier Authorities, and Explanatory Notes; designed either as a SUPPLEMENT to the Author's Abridgment, or as a SEPARATE Work. By CHARLES PETERSDORFF, Esq., of the Inner Temple, Barrister at Law. V. and R. Stevens & G. S. 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Very considerable Additions have been made by the present Editor-several Chapters are entirely new; such, among others, are Tenth Edition, enlarged and much improved, with the Statutes and Cases brought down to Michaelmas Term, 1841. By WILLIAM SELWYN, Esq., of Lincoln's Inn, one of her Majesty's Counsel, late Recorder of Portsmouth. (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39, V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, Bell-yard, Lincoln's Inn. This day is published, price 148. boards, PRINCIPLES of the LAW of REAL PROPERTY, inBy JOSHUA WILLIAMS, Esq., of Lincoln's Inn, Barrister at Law. tended as a First Book for the use of Students in Conveyancing. ⚫. The publisher begs to call the attention of the Profession, and especially its junior members, to the present work, which contains an original elementary outline of conveyancing law as it now exists. The statutes of the last session relating to conveyancing are referred to venience, generally experienced in the perusal of a new edition of an old throughout the body of the work; so that the student is saved the inconwork, of finding the impressions he has acquired from the text afterwards modified or contradicted in the notes. The work is intended, to use the words of the author in his Preface, as "A First Book for the Use of Students in Conveyancing, as easy and readable as the nature of the subject will allow. In attempting this object, he has not always follead the student rather to work out his knowledge for himself, than to lowed the old beaten track, but has pursued the more difficult, yet more interesting course of original investigation. He has endeavoured to be content to gather fragments at the hands of authority. If the student wishes to become an adept in the practice of conveyancing, he must first be a master of the science; and if he would master the science, he should first trace out to their sources those great and leading principles, which, when well known, give easy access to innumerable minute details." S. Sweet, 1, Chancery-lane. Of whom may be had, A TREATISE on PRESUMPTIONS of LAW and FACT, with the BYLES ON BILLS OF EXCHANGE.-A Practical Treatise on the these on the Legal Status of the Church in Ireland and Scotland, in the ANNUITIES. In the AUSTRALASIAN, COLONIAL, Colonies, and in Foreign Dominions-on the Practice of the Courts in Doctors' Commons-on the Ecclesiastical Commissioners-on the Marage Acts - on Chaplains on the Councils of the Church, &c. Throughout have been added copious Marginal Notes, both to the Old New Text, and to all the principal Chapters a Table of Contents, with pages of reference to the subject. HALCOMBE ON PASSING PRIVATE BILLS. 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A PRACTICAL TREATISE on the LAW of MORTMAIN and PRICE'S PATENT CANDLES, which burn, without snuffing, like the finest wax, are now retailed throughout the country, at or under 1s. per lb. But care must be taken to prevent any imitations being passed off as the by some dealers, on account of the greater profit upon the imitations. Patent Candles, this attempt being made, and with too frequent success, The Trade may obtain them wholesale from Edward Price & Co., Belmont, Vauxhall; and Palmer & Co., Sutton-street, Clerkenwell. IN THE TEMPLE.-FURNISHED CHAMBERS, and having a Good Library, TO BE LET, for Business only. Apply to Mr. Clifford, Stationer, Inner Temple-lane. TO BARRISTERS.Wanted, by a Gentleman about to be called to the Bar, ONE ROOM, with the Use of a Clerk's Room, in Chambers, situate on the Ground, First, or Second Floor, of Lincoln's Inn, or the immediate Neighbourhood. Address, to A. 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Wellington-street, Strand, London.-HALL & Co., SOLE PATENTEES of the PANNUS CORIUM, or Leather-Cloth Boots and William Benning & Co., Law Booksellers, 43, Fleet-street. WILLIAMS' SAUNDERS' REPORTS.-SIXTH EDITION. This day is published, in 3 vols. royal 8vo., price 41. 4s. bds., THE REPORTS of the most learned SIR EDMUND Shoes for Ladies and Gentlemen.-These articles have borne the test SAUNDERS, Knt., late Lord Chief Justice of the King's Bench. Several Pleadings and Cases in the Court of King's Bench in the Time of the Reign of his most excellent Majesty King Charles the Second. Edited, with Notes, and References to the Pleadings and Cases, by JOHN WILLIAMS, one of his late Majesty's Serjeants at Law. The Fifth Edition. By JOHN PATTESON, Esq., of the Middle Temple, now one of the Judges of the Court of Queen's Bench, and EDWARD VAUGHAN WILLIAMS, Esq., of Lincoln's Inn, Barrister at Law. The Sixth Edition. By EDWARD VAUGHAN WILLIAMS, Esq. William Benning & Co., Law Booksellers, 43, Fleet-street. and received the approbation of, all who have worn them. Such as are troubled with tenderness of feet from Corns, Bunions, Gout, Chilblains, or any other cause, will find them the softest and most comfortable ever invented. They never draw the feet or get hard, are very durable, and adapted for every climate. They resemble the finest leather, and are cleaned with 'common blacking The Patent India-Rubber. Goloshes are light, durable, elastic, and waterproof; they thoroughly protect the feet from damp or cold. Hall & Co.'s Portable Waterproof Dresses for Ladies and Gentlemen.This desirable article claims the attention of all who are exposed to the wet. Ladies' Cardinal Cloaks, with Hoods, 18s. Gentlemen's Dresses, comprising Cape, Overall, and Hood, 21s. The whole can be carried with RICHARDS'S BOOK of LAW COSTS in all the convenience in the pocket. COURTS, including the Costs upon the lower scale, as recently settled by the Judges. A Supplement to the First Edition, published separately, price 3s. sewed. "To the legal profession this work is invaluable."-Morning Chronicle. "No office will be completely furnished that has not Mr. Richards's "Law Times. Book of Costs lying upon the desk for hourly reference." Owen Richards, Law Bookseller, &c., Fleet-street.'" CHART of COMMON LAW, &c., 68. Forms of Action, 2nd Edit., 5s. Inheritance, ditto, 58, Personal Property, ditto, 58. Insolvency, ditto, 5s. Bankruptcy, ditto, 5s. Owen Richards, Law Bookseller, &c., 194, Fleet-street. Just published, 3 vols. royal 8vo., containing nearly 3000 pages, and above 300 pages of Index, 51. 5s. boards. THE LAW. of NISI PRIUS, Evidence in Civil Actions, and Arbitrations and Awards; with an Appendix of the New Rules, the Statutes of Set-off, Interpleader, and Limitation, and the Decisions thereon. By A. J. STEPHENS, Barrister at Law. "The work affords abundant proof of immense labour and research. It contains a vast mass of valuable matter not to be found in former works, and the whole has been well arranged and ably treated."-Legal Observer. "It embraces the whole system of common-law practice at this day: and, as a whole, we think the book stands unrivalled, and, when well known, will become the standard authority upon every point in the wide range which it embraces. The price will deter none of the Profession from becoming purchasers."-Legal Guide. Longman, Brown, Green, and Longmans. N.B.-Hall & Co. particularly invite attention to their Elastic Boots, which are much' approved of; they supersede lacing or buttoning, are drawn on in an instant, and are a great support to the ancle. f WRITING FLUID. CAUTION to the Makers and Sellers of Imitations of STE PHENS'S PATENT BLUE WRITING FLUID.-A verdict of 2000 dollars, liable to be increased to 6000 dollars, having been obtained against parties who have been convicted of Selling Imitations of this article, in violation of the Patent rights of the inventor, in the United States of America, and several notices having been repeatedly issued to caution persons against infringing those rights in this country, by making or selling this article, the Proprietor issues this as a Final Notice, which if disregarded, he will be compelled to institute proceedings at law against all who may be committing those illegal acts. HENRY STEPHENS, 54, Stamford-street, Blackfriars'-road, London. Orders for THE JURIST given to any Newsman, or letter (post paid) sent to the Office, No. 3, CHANCERY LANE, or to V. and R. STEVENS & G. S. NORTON, (Successors to J. & W. T. Clarke, late of Portugal Street), 26 and 39, BELL-YARD, will insure its punctual delivery in London, or its being forwarded on the evening of publication, through the medium of the Post Office, to the Country. Printed by WALTER M'DOWALL, PRINTER, residing at No. 4, Pemberton Row, Gough Square, in the Parish of St. Bride, in the City of London, at his Printing Office, situate No. 5, Pemberton Row aforesaid; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, LAW BOOKSELLER and PUBLISHER, residing at No. 11, John Street, Bedford Row, in the County of Middlesex. Saturday, January 18, 1845. No. 420-VOL. IX. JAN. 25, 1845. Price 18.-with Supplement 28. ** The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: **The Case of O'Connell v. Reginam will be concluded | Lechmere v. Fletcher, (1 C. & M. 623), Bayley, J., in next week's Number. LONDON, JANUARY 25, 1845. Any person in the habit of reading the reports of the decisions of our courts-and we doubt not, that, notwithstanding their number and variety, there are many such cannot fail to have observed how frequently points are raised which might at first be supposed to have been long since settled. Indeed, this constant occurrence of new questions for judicial determination, whose appearance as disputed creates an involuntary surprise, affords an argument, not easily answered, against the efficacy of a system of codification; shewing, as it does, that no code of laws can anticipate the immense variety of questions which arise out of the dealings of men with each other. We have been led to make this observation by'a case not long since decided, in which the point was one which it seems at first impossible could have remained so long in doubt. This was, whether a judgment recovered against one of two or more joint contractors is, of itself, without execution, a bar to an action for the same debt against another joint contractor. And this tion, apparently so likely to have been of frequent occurrence, had never, until the last term, been actually decided in the courts of this country. Dicta there had been, but even of these a few only, and those conflict ing. ques In Walters v. Smith, (2 B. & Adol. 889), Lord Tenterden is reported to have said, in the course of the argument, that the mere recovery against one joint contractor would not do, assenting to the argument that there must be an entire payment. On the other hand, in Bell v. Banks, (3 M. & G. 258), Maule, J., says, "It may be, that the taking a security of a higher nature from one of two joint debtors would cause a merger." And in VOL. IX. B says, "It may be, that, where you sue and recover a judgment against one debtor only, on a contract which is joint and not several, your right to sue on the joint contract is destroyed. That, if so, would be so merely on the ground of the difficulty to which the form of action would give rise. If, on a joint contract, you have sued one, and entered judgment against him, there might be an invincible obstacle; because, upon a new action against another of the parties to the contract, the defendant would have a right to plead that he made no promise, except with the other defendant, against whom the judgment was entered, and he could not be joined. Therefore, though we have met with no case which establishes the position, we are inclined to think, that, in the case of a joint debt, a judgment against one joint contractor would be a bar to an action against another." In this state of the authorities, the question came before the Court of Exchequer in King v. Hoare, (14 Law Journ., Exch., 29; 8 Jur. 1127), on a demurrer to a plea of a judgment recovered against the defendant's co-contractor; and we shall conclude this article with an extract from the excellent judgment delivered by Baron Parke:-" If there be a breach of contract, or wrong done, or any other cause of action, by one against the other, and judgment be recovered in a court of record, the judgment is a bar to the original cause of action, because it is thereby reduced to a certainty, and the object of the suit attained, so far as it can be at that stage; and it would be useless and vexatious to subject the defendant to another suit, for the purpose of obtaining the same result. Hence the legal maxim, transit in rem judicatam,'-the cause of action is changed into matter of record,-which is of a higher nature, and the inferior remedy is merged in the higher. And this appears to be equally true, when there is but one cause of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its being the NEW |