HEBBLETHWAITE, HENRY JAMES, cloth manufacturer, Slaithwaite. Pet. Nov. 11. O. A. Young. Sols. Messrs. Learoyd, Huddersfield, and Bond and Barwick, Leeds. Sur. Nov. 29 HEDLEY, RICHARD, joiner, Newcastle. Pet. Nov. 8. Reg. & O. A Clayton. Sol. Joel, Newcastle. Sur. Nov. 23 HELLIWELL, JOHN, and HELLIWELL, JAMES, builders, Sheffield. Pet. Nov. 8. Reg. & O. A. Wake and Rodgers. Sol. Micklethwaite, Sheffield. Sur. Nov. 25 HIRST, EDMUND, waste dealer, Marden, in Almondbury. Pet. HOGARTH, ROBERT, blacksmith, Longwathby. Pet. Nov. 9. Reg HULSE, WILLIAM, journeyman fireman, Trentham. Pet. Nov. 9. INNES, GEORGE, late innkeeper, Coxhoe. Pet. Nov. 9. Reg. & LANGLEY, JAMES, furniture broker, Stamford. Pet. Nov. 10. Reg 40. A. Shield and Hough. Sol. Laxton, Stamford. Sur. Nov. 26 LARKIN, HENRY EPPS, butcher, Whitstable. Pet. Nov. 8. Reg. &0. A. Callaway. Sol. Lasaux, Canterbury. Sur. Nov. 16 LATHAM, WILLIAM, bootmaker, Hanley. Pet. Nov. 9. Reg. & 0. A. Challinor. Sol. Stephenson, Stoke-upon-Trent. Sur. Dec. 4 LEWIS, HENRY, plumber, Carmarthen. Pet. Nov. 8. Reg. Wilde. 0. A. Acraman. Sols. Press and Inskip, Bristol. Sur. Nov. 22 LILLET, SAMUEL, and LYSON, HENRY, bricklayers, Leeds. Pet. Nor. 4. O. A. Young. Sols. Booth, Clough, and Booth, Leeds. Sar. Nov. 29 LUCAS, JOSEPH, jeweller, Birmingham. Pet. Nov. 9. Reg. & O.A. LYMER, JOSEPH, beerseller, Tunstall. Pet. Nov. 4. Reg. & O. A. MEADE, DAVID, innkeeper, Weymouth. Pet. Nov. 10. Reg. & Reg. 0. A. Andrews. Sol. Howard, Weymouth. Sur. Zov. 23 MURPHY, NEIL, fishmonger, Wolverhampton. Pet. Nov. 9. Reg. &O. A. Walker. Sol. Stokes, Dudley. Sur. Nov. 25 PALING, FREDERICK, auctioneer, Ilkeston. Pet. Nov. 9. Reg. Tudor. O. A. Harris. Sol. Lees, Nottingham. Sur. Nov. 23 PALMER, JAMES, and DEAN, WILLIAM FREDERICK, spade and ahovel manufacturers, Birmingham. Pet. Nov. 3. Reg. Tudor. 0. A. Kinnear. Sol. Allen, Birmingham. Sur. Nov. 26 PARKINSON, EMMA, spinster, Manchester. Pet. Nov. 8. Macrae. Ó. A. MoNeill. Sol. Leigh, Manchester. Sur. Nov. 26 PARKINSON, JOSEPH, butcher, Rotherham. Pet. Nov. 8. Reg. & 0. A. Wake and Rodgers. Sol. Mellor, Sheffield. Sur. Nov. 25 PARKINSON, WILLIAM, commission agent, Manchester. Pet. Nov. 8. Reg. Fardell. O. A. McNeill. Sol. Leigh, Manchester. Sar. Nov. 23 Pet. Nov. 8. Reg. Hill. O. A. Kinnear. Sols. Clarke, Shrewsbury; and Reece and Harris, Birmingham. Sur. Nov. 24 PLIXLEY, SAMUEL, farmer, Alberbury. PLUMMER, ROBERT, beerhouse keeper, Ramsey. Pet. Nov. 8. RIGBY, JOHN, coachsmith, Wednesbury. Pet. Oct. 30. Reg. Hill. 0. A. Kinnear. Sols. James and Griffin, Birmingham. Sur. Nov. 24 RILEY, JOHN, jun.. farmer, Warsop. Pet. Nov. 8. Reg. & O. A. SALT, WILLIAM, commission agent, Doveridge. Pet. Nov. 9. SWAN, WILLIAM THOMAS, editor, Great Grimsby. Pet. Nov. 10. THEONSON, HANS, general merchart, Hull. Pet. Nov. 10. O. A. TURNER, THOMAS, bricklayer, Portsmouth. Pet. Oct. 19. Reg. & Sur WHEELER, ADAM WALKER, tailor, Monmouth. Pet. Nov. 9. Reg. Wilde. O. A. Acraman. Sols. Willliams, Monmouth, and Henderson and Salmon, Bristol. Sur. Nov. 25 WOOD, EDWIN, chemist, Abersychan. Pet. Nov. 9. Reg. & O. A. Pet. Nov. 9. Gazette, Nov. 16. Sols. To surrender at the Bankrupts' Court, Basinghall-street. ARROW, CALEB, wheelwright, St. Mary Cray. Pet. Nov. 11. Reg. Pepys. O. A. Graham. Sol. Alsop, Chancery-la. Sur. Nov. 28 BAYLY, WENTWORTH, retired captain, Albany-st, Regent-pk. Pet. Nov. 11. Reg. Murray. O. A. Parkyns. Sols. Messrs. Lewis, Ely-pl, Holborn. Sur. Dec. 1 BLACKITH, FRANCIS WEBB, clerk, Thornhill-crescent, Islington. Pet. Nov. 11. Reg. Pepys. O. A. Graham. Sols. Miller and Co., Eastcheap. Sur. Nov. 25 Pet. BLACKWELL, GEORGE, farmer, Keysoe, near St. Neots. Pet. Nov Pet, Nov. 11. Reg. Murray. O. A. Parkyns. Sol. Morris, Jermyn-st, St. James's. Sur. Dec. 1 CASTLE, ALFRED, mason, Sunbury.common. Pet. Nov. 11. O. A. Paget. Sol. Hicklin, Trinity-sq, Borough. Sur. Dec. 1 COLLINSON. JOHN, carpenter, Southam-pl, Upper Westbourne.pk. Pet. Nov. 11. Reg. Murray. O. A. Parkyns. Sol. Cooke, Greshambidge, Guildhall. Sur. Dec. 1 COWELL, THOMAS, innkeeper, East Cowes. Pet. Nov. 13. Reg. Pepya. O. A. Graham. Sol. Blake, Newport, Isle of Wight. Sur. Dec. 2 CRISFORD, CALEB, builder, Eastbourne. Pet. Nov. 13. Reg. Murray. O. A. Parkyns. Sols. Hancock, Sharp, Hales, and Morris, King William-st, agents for Philbrick, Hastings. Sur. Dec. 1 CROSS, EDWARD, out of business, Ellesmere-rd. Old Ford. Pet. Nov. 11. Reg. Pepys. O. A. Graham. Sol. Briant, Winchester House, Old Broad-st. Sur. Nov. 26 CUTLER, MARK, general commission agent, Clydesdale-villas, DAVIES, CHARLES JAMES, builder, Thornton-st, Southwark. Pet. HART, AMBROSE, baker, Green-st, Harrow-rd. Pet. Nov. 12. LEWIS, WILLIAM ROBERT, commission agent, Mill-cottage, Holloway-rd. Pet. Nov. 12. Reg. Pepys. O. A. Graham. Sol. Hicks, Coleman-st. Sur. Nov. 26 MCDONOUGH, MARY, mattrass maker, Green-st, Blackfriars. Pet. MOORE, WILLIAM, lodging-house keeper, Upper Well-alley, MULVANY, RICHARD FIELD, secretary to the Southern Railway Dec. 6 SHERINGTON, AMY, out of business, Oakley-st, Chelsea. Pet. Nov. 12. Reg. Pepys. O. A. Graham. Sol. Lawrence, Lincoln'sinn-fields. Sur. Nov. 26 STANDEN, BRIDGE, manure manufacturer, East Greenwich. Pet. Nov. 11. Reg. Murray. O. A. Parkyns. Sols. Mortimore and Humphreys, Winchester - bldgs, Great Winchester - st. Sur. Dec. 1. STANNERS, GEORGE, boot manufacturer, Mile End-rd, and Versailles-ter, Norwood. Pet. Nov. 11. Reg. Murray. O. A. Parkyns. Sol. King. Birchin-la. Sur. Nov. 29 SWAIN, FRANCIS, working brass moulder, Crossley-st, Hoxton Pet. Nov. 13. Reg. Murray. O. A. Parkyns. Sol. Drake, Basinghall-st. Sur. Dec. 6 WARD, CHARLES ISAAC CLOVER, out of business, Waltham-cross. Pet. Nov. 11. Reg. Pepys. O. A. Graham. Sol. Maynard, Poultry. Sur. Nov. 26 Sur. WARNER, JAMES, railway clerk, Esher. Pet. Nov. 13. Reg. Pepys WEAVER, JAMES, 'messenger, "Glasshouse st. Regent-st. Pet. Nov. 11. Reg. Pepys. O. A. Graham. Sol. Bartlett, Chandos-st, WHILLIER, WILLIAM HAMLET, builder, Landport. Pet. Nov. 13. WILLIAMS, DAVID, metal agent, Offord-rd, Barnsbury. Pet. To surrender in the Country. ALLEYNE, JOHN MILNER, licensed victualler, Sheffield. Pet. Reg. Hill. O. A. Kinnear. Sols. James and Griffin, Birmingham. Sur. BRIGGS, CHRISTOPHER, cotton manufacturer, Farnworth, near CADBY, GEORGE, metal polisher, Birmingham. Pet. Nov. 10. COOK, EDWIN, fruiterer, Worcester. Pet. Nov. 11. Reg. & O. A. Reg. Sur. DIXON, JOSEPH, sen., shoemaker, Darlington. Pet. Nov. 9. GWYTHER, JAMES, banker's clerk, Carmarthen. Pet. Nov. 4. HARRIS, EBENEZER, tobacconist, Ipswich. Pet. Nov. 11. Reg. Pet. HEWITT, JAMES, engine driver, Kingston-upon Hull. Pet. Nov. JONES, JAMES, dealer in leather, Worcester. Pet. Nov. 11. Reg. Dec. 1 Reg. & O. A. O. A. Turner. LONGLEY, JOHN, draper, Bognor. Pet. Nov. 6. PAGE, JOHN, machinist, Bideford. PITON, PHILIP, labour agent, Colchester. Pet. Nov. 12. Reg. & PREST, BERNARD, mechanic, Preston. Pet. Nov. 11. Reg. & SEALLY, ARTHUR, commercial traveller, Totterdown. Pet. Nov. 10. Reg. & O. A. Harley and Gibbs. Sols. Pigeon and Ward. Sur. Dec. 3 SHORT, FREDERICK, out of business, Leeds. Pet. Nov. 11. Reg. STAINTON, GEORGE, labourer, Ambleside. Pet. Nov. 10. Reg. & TURNER, JOHN THOMAS, out of business, Worksop. Pet. Nov. 13. WAGSTAFFE, THOMAS, general dealer, Manchester. Pet. Nov. 6. BANKRUPTCIES ANNULLED. • Gazette, Nov. 2. HOLEHOUSE, GEORGE, Liverpool. Oct. 20, 1869 Gazette, Nov. 5. EMERY, THOMAS JAMES, farmer's assistant, Whilton, near Daventry. Aug. 25, 1869 JONES, JOHN, builder, St. Andrew's-hill, Ireland's-yd, and Holyday-yd, Doctors'-commons. Aug. 28, 1869 Gazette Nov. 9. WATSON, PETER, spirit merchant, Whitby. Oct. 21, 1869 Gazette, Nov. 12. BARR, WILLIAM, looking glass manufacturer, Hemsworth-st, Hoxton. Sept. 7, 1869 SAUL, RICHARD, meat salesman, Albert-ter, Southwark, and E. Avenue, Metropolitan-meat-market. Sept. 24, 18.9 Dibidends. Agnew, D. draper, first 1s. 1d. Acraman, Bristol.-Alfred, J. shoemaker, first, 2. d. Acraman, Bristol.-Allday, G. W. horse dealer, first, 6d. Acraman, Bristol.-Andrew, T. hosier, first, 48. G.-Acraman, Bristol.-Benn, E. of Liverpool, second, 104. Turner, Liver. pool-Bennett, II. ironmaster, second, 6d. 11-16ths. Kinnear, Birmingham.-Chapman, A., timber merchant, first, 43d. Acraman, Bristol.-Clarke, A. R. stockbroker, second, 24. Acraman, Bristol. -Collins, R. D. grocer, first, 12s. Acraman, Bristol.-Cope, R. grocer, &c., Arst 9s. 7d. Kinnear, Birmingham.-Corder, M. lighterman, second, 2d. 3-32nds. Parkyns, London.-Cross, S. iron bedstead manufacturer, first, 2s. 6d. Kinnear, Birmingham.-Dear, A. general dealer, first and final, ld. Rawlings, Wimborne Minster. -Edwards, H. builder, first, 1s. Acraman, Bristol.-Embrey, R. publican and farmer, first, 28. 94. Turner, Liverpool.-Fluck, F.W. tobacconist, first, 2. 8d. Acraman, Bristol.-Hears, J. draper, first, 2s. Acraman. Bristol.-Hickman, W. clothier, tailor, &c., first, 3s. 3d. Parkyns, London.-James, D. draper, first, 4d. Acraman, Bristol.-Jenvey, J. E. accountant, first and final, 6d. Rawlings, Wimborne Minster.-Jones, T. draper, first, 18. 7d. Acraman, Bristol. Jones, W. H. of Bristol, first, 20s, and interest. Acraman, Bristol.-Lancaster and Branford, iron manufacturers, first, 8d.; and first sep. of Brayford, 58. 9. Kinnear, Birmingham.-Lewis, I. A. ironmaster, first, 9. Kinnear, Birmingham.-Lewis, J. of Bedminster, first, 5d. Acraman, Bristol.-Martindale, F. victualler, first, 1s. 1d. Acraman, Bristol.-Newman, T. miller, first, 4d. Acraman, Bristol. Niron, T. farmer, first, 148, 11d. Laidman, Newcastle.-North, E. J. victualler, first, 3s. 11d. Paget, London. -Phillipson, J. victualler, first, 5d. Turner, Liverpool.-Puddington, J., commercial agent, second, 34. 11-16ths, and 9d. 3-16ths. Paget, London. - Pugh, R. H. commission merchant, first, 24. Turner, Liverpool.-Read, E. grocer and draper, first and final, Js. 6d. Rawlings, Wimborne Minster-Royle, J. of Liverpool, second sep. 8. 8d. Turner, Liverpool.-Scurlock, J. jun. tailor, first, 1. d. Acraman, Bristol.-Shorelast, J. draper, first, 43d. Acraman, Bristol.-Smith, J. victualler, second, 28, 4d. Turner. Liverpool.-Smith and Thomas, wine merchants, second, 1. Acraman, Bristol.-Southcott, R. grocer, first, 38. 8d. Acraman, Bristol. -Starky, J. B., farmer, first, 2. 1d. Paget, London.-Towison, J. refrigerator manufacturer, first, 48. 9. Parkyns, London.Waller, T. commercial traveller, first, 5. 24. Laidman, Newcastle. -Waltin, B. M. physician, first, 28. 74. Acranan, Bristol.-Warne, C. drabbett, &c. manufacturer, second, 5d. Parkyns, London.Whitehouse, T. coal and timber dealer, first, 4 Gd. Acraman, Bristol. Whittle, H. R. stationer and toyman. first, 2s. 6d. Kinnear, Birmingham.-Wilcox, R. innkeeper, first, 48. Turner, Liverpool. Assignment, Composition, Inspectorship, and Trust Needs. Gazette, Oct. 12. ANDREWS, WILLIAM, victualler, Swansea. Oct. 13. 12s. G.78. 6d, and 58. in 1 and 12 mos,-secured BABER, WILLIAM, and HITCHINS, JAMES WILLINGTON, drapers, Colchester. Oct. 13. Trusts. J. Scott, Cannon-st, and G. Williams, St. Paul's-churchyard, warehousemen BARRON, ROBERT LINAKER, grocer, Blackburn. Oct. 15. In full by four equal instalments, on Feb. 1. May 1, Aug. 1, and Nov. 1 BEVERLEY, MATTHEW BATESON, stook broker, Leeds. Oct. 14. Trust. B. Baily, accountant, Leeds BIGMORE. HENRY, wholesale boot manufacturer, Commercial-st, Shoreditch. Oct. 18. Trust. W. Colson, boot manufacturer, Rushton BISHOP, JAMES JOHN; RAWLINGS, CHARLES HENRY PAUL; and GREEN, URIAH, timber merchants, Portsen. Oct. 29. Trusts. R. I. Thompson, gentleman, Portsea; J. F. Bovill, timber merchant, Gosport; and T. Jarman, merchant, Emsworth. Sols. Lewis. Munns, Nunn, and Longden, Old Jewry, and Edgcombe and Cole, Portsea BROWN, BENJAMIN, gentleman, Edgware-rd. April 8 Oct. 7. 18. on BROWN, WILLIAM NICHOLAS, medical glass bottle merchant, Holborn bars. Oct 15. 9.-2. 7., 2x. 6d., 2«. G., and 1, 61, on Jan. 4, May 4, and Sept. 4. 1870, and March 4, 1871,--secured. Trust. J. Bath, accour tint, King William-st BUNCOMBE, EDWIN ABRAHAM, farmer, Creech St. Michael, Oct. 16. 2. 64 in 7 days CRACKNELL, THOMAS, house decorator, Praed-st. Paddington. Nov. 5. 3. by two equal instalments, in 3 and 6 mos from Nov. 15 CRAVEN, JOHN BERKELEY, accountant's clerk, Carnaby st. Regent-st. Nov. 11. 5. by two equal instalments, in 3 and 6 mos DAVIES, DAVID WILLIAM, saddle maker, Warrington. Nov. 3. Trusts. B. P. Coxon, civil engineer, and J. Harrison, assurance agent, both Warrington DUNKLEY, WILLIAM, draper, Leicester. Oct. 21. Trusts. R. Lowndes, warehouseman, Birmingham, and T. Tracey, sen., draper, Leicester EVANS, DAVID, commission agent, Merthyr Tydfil. Oct. 9. Trusts. W. H. Thomas, draper, Cardiff, and R. Griffiths, farmer, Cilanisa! Nov. 2. 10. by two equal instalments, on Jan. 1 and July 1. Trust. J. Justone, farmer, She inhales FLESHER, CHARLES; and FLESHER, GEORGE, Burley; and FLESHER, JOHN, Otley, builders. Oct. 15. Trusts. W. Gill, painter, and E. Moon, corn miller, both Burley GARDNER, WILLIAM, boot manufacturer, Northampton. Oct. 16. 98. by three equal instalments, in 3, 6, and 9 mos. Trust. T. Shepard, currier, Northampton GELDART, WILLIAM, tinman, Ulverston. Oct. 19. Pearson, accountant, Ulverston GODBOLD, AUGUSTUS BARRINGTON, Continental railway traffic manager, Abbey-gardens, St. John's-wood. Oct. 4. In full, by instalments of 2. 6d. every 6 mos, first on April 4 FELTON, CHARLES, blacksmith, Burlington. Trust. R. GREAVES, GEORGE HUDSON, adjutant, Liverpool. Oct. 22. 2. Gd. on Feb. 7 GREEN, WILLIAM, provision dealer, Stockport. Oct. 19. Trust. HEINRICH, JOHN VICTOR, and HEINRICH, HERBERT CLARKE, HORNE, MOFFATT CRICHTON WILLIAM, architect, South sq, Gray's-inn. Nov. 10. 2s. Gd.-1s. in 1 mo and 1, 6. in 4 mos HUGHES, JOSEPH, jun., and HUGHES, JOHN, builders, Llandudno. Oct. 6. 68. 8. by three equal instalments, in 4, 8, and 12 mos from Sept. 1. Trusts. W. Roberts, Menal-bridge, and J. S. H. Evans, Rhvl, timber merchants HUNT, JANE MOSLEY, lithographer, Manchester. Oct. 25. 78. 6. on Nov. 15 JACOBS, EDWARD, grocer, Wickford. Oct. 16. 4s. by two equal instalments, in 3 and 6 mos,secured KELSON, THOMAS, builder, Ramsgate. Oct. 25. Trusts. W. E. Smith, build r, and H. Laslett, timber merchant, both Ramsgate LEVEY, GEORGE, printer, Great New-st, Fotter-la. Sept. 30. Trust. M. E. Marsden, gentleman, Doughty-st, Mecklenburgh-sq LOVE, PETER, fronmonger, Northampton. Ocs. 8. Trusts. J. T. McDougall, manufacturing chemist, Arthur-st West, and R. Hornsby, agricultural inplement maker, Grantham M'GERROW, SAMUBL NAE, joiner, Knotty Ash, near Liverpool. Nov. 6. 8., 2s. Cd. in 1 mo, 2s. 6d. in 4 mos, and . in 6 mos.secured. Trusts. J. B. Smith, timber merchant, and R. Williams, glass merchant, both Liverpool MOORE, ALFRED, dealer in leather, Commercial-st, Spitalfields, and St. Thomas-st, Bermondsey, and the Paragon, New Kentrd. Oct. 12. 78. G., Is. 6d. on registration, 1s. 9d. on Feb. 8, 18. 9d. on June 8, and 2s. 6d, on July 8. Trust. R. Moore, shoe manufacturer, Gravesend MOTT, JOHN WILLIAM, nurseryman, Albemarle-gardens, Potter'sbar. Nov. 4. 5. in 1 mo. Trust. W. H. Cannon, gentleman, King-st, Cheapside NEWSOME, RICHARD LOGAN, NEWSOME, JOHN DIXON, and WAILES, JOHN, scribbling millers, Batley, trading as Newsomes and Wailes, the said Richard Logan Newsome and John Dixon Newsome, woollen manufacturers, Soothil, trading as R. and J. Newsome; the said John Wailes, woollen manufacturer, Batley. Sept. 13. 13s. 4d., by three instalments, 4, 6d. on Jan. 4, 48. 5d. on May 4, and 48. 5d. on Sept. 4, to creditors of Newsomes and Walles; 7., by three instalments, 2s. 6d, on Dec. 4, 28. 6. on March 4, and 28. on June 4, to creditors of R. and J. Newsome; and 78. by three instalments, 2s 6. on Dec. 4, 28. 6d. on March 4, and 2s. on June 4, to separate creditors of Wailes PARKER, WILLIAM RAMSEY, commercial traveller. Princes-st, Finsbury sq. Oct. 14. 3s. on Dec. 7. Trust. W. Stones, brewer, Sheffield PARLOUR, HENRY EDWARD, ironfounder, Norwich. Oct. 7. Trusts. E. Orams, ironmonger, and J. Barnes, ironfounder, both Norwich PEDGON, JOHN, grocer, Birkenhead. Oct. 4. 8. by three instalments, 38. on Jan. 1, 3s. on April 1, and 24. on July 1 PROCTOR, MARY DEVEREUX, grocer, Talk-o'-th-Hill. 5s. immediately. Tru-t. G. Stoner, miller, Chester REYNER, WILLIAM WAINWRIGHT, and Oct. 14. REYNER, GEORGE, drapers, Barnsley. Oct. 15. Trusts. R. Spencer and H. Blakemore, merchants, Manchester RILEY, JOAN, draper, Bradford. Oct. 22. 78. 6d. by three equal instalments, in 3, 6, and 9 mos from Oct. 15,-secured ROLLASON, WILLIAM. and NICKLIN, JOHN BANKS, factors, Birmingham, trading as Stevenson and Co. Oct. 15. 10. by three equal instalments, in 1, 3, and 4 mos,-secured. Trusts. J. Sayer, metal dealer, and C. Gyde, cabinet maker, both Birmingham SAWFORD, HENRY JOSEPH. cabinet maker, Richmond. Nov. 8. 68. 8d. by two equal instalments, on execution and 3 mos after,secured. Trusts. W. Cockburn, corn merchant, and W. F. Reynolds, ironmonger, both Richmond SMITH, ALFRED, draper, Manchester. Oct. 14. Trusts. T. Collier and P. Gillibrand, merchants, Manchester SMITH, EDWARD TYRREL, victualler, King's-rd, Chelsea, and New Coventry-st. Oct. 13. 18. in 1 mo. Trust. M. Hart. Parkrd, Clapham SOLLITT, MARY, widow, chemist, Hull. Nov. 3. 58. in 10 days SPRECKLEY, GEORGE, auctioneer, Grantham. Oct. 9. Trusts. T. Lyne, bookseller, and W. G. Summerby, wine merchant, both Grantham Oct. TOULSON, JAMES AUGUSTINE HARTLEY, chemist, Leeds. 21. Trust. A. Pickard, woollen manufacturer, Ossett WELFORD, ROBERT, butcher, Borrowby. Trusts. R. Oct. 19. Parkes, butcher, and W. Ryder, grocer, both Staithes WHITE, GEORGE, coal merchant, St, Paul's-crescent, Camdentown. Oct. 15. 4. in 3 mos. Trust. T. Hirons, commission agent, Alfred-st, City-rd WILKINSON, CHARLES, draper, Ashton-under-Lyne. Trust. H. Goodwin, warehouseman, Manchester Oct. 13. ALLEX, AUGUSTINE, chemist. Barnsley. Sept. 15. In full, by instalments of 2. ., first in mos, and the rest at intervals of 12 mos. Truses, J. C. Clark farmer. Reresforth, near Barnsley, and B. Kenworthy, wheelwright, Barnsley ASHLEY, JOHN TURNER, farmer, Litcham. Oct. 16. Trusts. D. Lynes, gentleman. Liteham, and E. Beck, auctioneer, Oxwick BIGGE, GEORGE RICHARD, the Rev., clerk, Ovingham. Oct. 22. 10. in 1 week from registration BLOCH, SIEGWARD, wine merchant, King William-st. Nov. 4. Trust. A. Neville, merchant, Mincing-lane CAMPBELL. CHARLES, shoe salsan. Leods. Nov. 6. 58. by two equal instalments, in 4 and 8 mos from registration CAREY, JOB, greengrocer, King's College-rd, Hampstead. Nov. 12. 2. G. in 3 mos CLARKSON, EDWARD. confectioner, Leeds. Oct. 20. Trust. G. A. Linsley, silversmith, Leeds COLLEY, JAMES, and SHILLCOCK, JOHN, grocers, St. Peter's-st. Islington. Nov. 5. 6. by three equal insta'ments, in 14 days from registration, and in 4 and 6 mos from Nov. 1,-third guaranteed. Trusts. J. R. J. Taylor, attorney's clerk, Strood, and W. Laurd, accountant, Eastcheap CRAVEN, JOHN, and CRAVEN, MATTHEW, builders, Calverley. Oct. 29. Trusts. J. Rhodes, timber merchant, and J. Walker, cashier, both Bradford DALLAS, ENEAS SWEETLAND, author. Victoria-st, Westminster. FLETCHER, WILLIAM EDWARD, and CAUGHEY, ALEXANDER FOSTER, LOUISA, lace dealer, Derby. Oct. 19. Trust. W. Cullen, lace manufacturer, Nottingham FREAME, JOHN EDWARD, builder, Heneker ter, Forest-hill. Nov. 5. Trusts. J. R. Slade, muctioneer, Greenwich-rd, Greenwich, and P. Paxton, ship surveyor, Warwick-st. D ptford GISBORNE, JOHN SACHEVERELL, engineer, Liverpool. Nov. 11. In full, by four equal instalments, in 3, 6, 9, and 12 mos from registration GREEN, WILLIAM CHARLES, Upper Woburn-pl, Euston-rd, and STANSBY, FREDERICK SHEDDEN, out of business. Oct. 18. 1. on Dec. 24 HARE, JOHN MIDDLETON, jun.. clerk in the War Office, Grangerl. Canonbury. Nov. 11. Trust. W. G. Gray, accountant, Gresham-house HARRIS, THOMAS, grocer. Holmsdale, Lewisham. Oct. 29. 5. by instalments of 2. 64. in 1 mo. 1s 3d in 3 mos, and 1. 34. in 6 inos from registration. Trust. H. Lawrence, grocer, Little Earl-st Soho HAWKINS, CHARLES, carpenter, Silver-st, Notting-hill. Nov. 11. 1s. in 12 mos from registration HAWORTH, JAMES, cabinet maker. Manchester. Oct. 4. Trust. J. Swindell, accountant, Manchester HOLLOWAY, WILLIAM, publican, Crewe. Nov. 3. 58. by two equal instalments, on Nov. 24 and Feb. 24 JOBSON, HENRY, painter, Birkenhead. Nov. 4. 2. in 14 day from registration JONES. WILLIAM, builder, Tuffnell-pk-rd, Holloway. Nov. KAYE, EMMA, out of business, Huddersfield. Oct. 20. Trust. H. Oct. 25. Trusts. C. Varly, provision dealer, and L. J. Fosbroke, accountant, both Birkenhend KIRKMAN JAMES, railway secretary, Old Trafford, near Man. chester. Oct. 22. Trust. R. H. Fairweather, wine merchan: Manchester LEA, JAMES, grocer, Tra mere. Nov. 8. 78. 6. by three equal instalments, on Jan. 2, April 2, and July 2, 1870 MOORE, JOHN, draper, Park-terrace. Battersea. Oct. 25. Trusts. J. Ellerton, St. Paul's churchyard, and H. Mansell, Wood-st, both warehousemen MOYLE, SAMUEL GROSE, brewer, Chace water. Oct. 23. Trust. W. Tweedy. gentleman, Truro MUSHETT, WILLIAM WALKER, tobacco dealer. Kingston-uponHull. Oct. 27. Trust. R. Wilson, tobacco manufacturer, Kingston-upon-Hull PARKER, JAMES, appraiser, Oxford-st. Nov. 2. 2s. 6d. in 4 mos from registration PARKER, SARAH, widow, Princess-st, Finsbury.sq. cester Oct. 30. 38. by Dec. 7. Trust. W. Stones, brewer, Sheffield PERRYER. GEORGE CASIMIER, packing case maker, York-rd. Stepney Nov. 11. 28. 6. by two equal instalments, on Jan. 20 and April 20 POWELL, BENJAMIN, Inte publican. Worcester. Oct. 18. 6. in 1 week from registration. Trust. F. Prosser, accountaut, WorPUTT, THOMAS, fronmonger, Ledbury-rd. Bayswater. Nov. 6. 10. by four equal instalments, in 3, 6, 12, and 18 mos from regis. tration, first and last secured SHRIMPTON, SAMUEL, cheesemonger, Hampstead-rd. Oct. 21. Trust. W. Reynolds, provision merchant, Cock-la, Giltspur st SNOWDEN, ISAAC, cutler, Old-st, Saint Luke's. Sept. 2. 48. by four equal instalments, on Feb. 1, May 1, Aug. 1, and Nov. 1, 1870. Trusts. T. Yates, cutlery manufacturer, and W. S. Savage. electro plate manufacturer, both Sheffield STEELE, HENRY, beer eller, Tunstall. Oct. 20. Trust. H. Keeling, earthenware manufacturer, Longton SWINDLEHURST, ROBERT, woollen cord manufacturer, Sheepridge, near Huddersfield. Oct. 29. Trust. H. Wilde, accountant, Huddersfield THOMAS, THOMAS TREHARN, agricultural implement maker. Bridgend. Nov. 5. 12s. 6d. on Oct. 11, 1870. Trusts. S. Mease, shipowner, North Shields: C. Thomas, Blackhall near Bridg. end; W. Cooper, corn merchant; A. Fry, manager to the Bristol Waggon Works Company (Limited); and C. J. Ryland, public accountant, all Bristol THOMAS, WILLIAM PROCTOR, meal merchant, Basingstoke. Oct. 23. 10s. in 10 days from registration. Trust. W. White, miller, New Crane Mills, Shadwell TOMPKINS, JOHN, billiard room proprietor, Brighton. Oct. 28. 68. 8. in 10 days from registration. Trust. B. Field, builder, Brighton TURNER, SAMUEL, innkeeper, Stockport. Nov. 1. 2s. 6d. in 7 days from registration WATTS, EDWARD, watchmaker, Southampton. Oct 13. 7s. 6d. Oct. 11. 159. by instalments of 58., 58., 28. 6, and 28. Gd., in 3, 7, 10, and 13 mos from Nov. 1,-last two secured WOOD, JOHN, grocer, Honley, near Huddersfield. Oct. 19. Trust. BREAKFAST-EPPS'S COCOA-GRATEFUL AND COMFORTING. The very agreeable character of this preparation has rendered it a general favourite. The Civil Service Gazette remarks:-" By a thorough knowledge of the natural laws which govern the operations of digestion and nutrition, and by a careful application of the fine properties of well-selected cocoa, M. Epps has provided our breakfast tables with a delicately flavoured beverage which may save us many heavy doctors' bills." Made simply with boiling water or milk. Sold only in tinlined packets, labelled.-JAMES EPPS and Co., Homœopathic Chemists, London. BIRTHS, MARRIAGES AND DEATHS. BIRTHS. COLLINS-On the 10th inst., at 18, Coleshill-street, Eaton-square, the wife of R. Henn Collins, Esq., barrister-at-law, of a daughter. LEE.-On the 15th inst., at 35, Connaught-square, the wife of L. Yate Lee, Esq., of Lincoln's-inn, barrister-at-law, of a son. MANTELL.-On the 14th inst., at Golden Manor, Hanwell, the wife of Edward W. Mantell, of 7, Furnival's-inn of a daughter. YOUNG.-On the 15th inst.. at 21A. Arbour-street, Stepney, the wife of Charles Vernon Young, Esq., solicitor of a son. MARRIAGES. ATKYNS-HOWARD.-On the 1st Sept, at St. James's Cathedral, Melbourne, Victoria, Eiward Augustus Atkyns, solicitor, Melbourne, son of the late Frederic Atkyns, to Emma Sarah, youngest daughter of the late Charles Howard, Assistant Commissary-General. HAMEL-HUNTER-On the 16th inst.. at St, Pant's Church. Avenue-road, Regent's-park, Felix Hargrave Hamel, Esq. of the Inner Temple, barrister-at-law, eldest son of Felix John Hamel, Esq., to Arabella Louisa, eldest daughter of LieutenantColonel Hunter of Clifton. LEA-COOPER-On the 4th inst., at Wolverhampton, Mr. J. Lea, of the Middle Temple, barrister-at-law, to Ellen, daughter of the late Mr. T. Cooper, of Stourbridge, Worcestershire. SOLOMON-LEVY.-On the 17th inst., at the Hambro' Svnarogue, Caroline, third daughter of Lewis Solomon, Esq., of 10, Henrietta-stroot, Covent-garden, to Samuel, only son of Samuel Levy, Esq., of Lincoln's-inn, London. DEATHS. COMBE-On the 2nd Sept, at Nelson, New Zealand, aged 46, Matthew Combe, Esq., barrister-at-law, son of the late Boyce Combe, Esq. DAVIES.-On the 15th inst., at her residence, 51, Graham-road, KAY-On the 12th inst., at 6, Canonbury-place. Mary Ann, the SHOARD.-On Oct. 31. at St. Thomas's Hospital, aged 32, Mr. J. PRITCHARD-On the 13th inst., aged 31, Henry Pritchard, Esq., jun.. of Trescawen, Anglesey. M.A., of Oriel College, Oxford, and barrister, of Lincoln's-inn. STEPHEN-On the 16th ult., at Melbourne, Australia, Henrietta, the wife of Sir George Stephen. SMITH.-On the 14th inst., at Dartmouth-park-road, Highgate, Mary Ann, wife of Mr. R. Smith, solicitor. PARTRIDGE AND COOPER DRAFT PAPER, 48. fl., fr., 78, 78. 9d., and 9s. per ream THE NEW "VELLUM WOVE CLUB-HOUSE" NOTE, 98. 6d. per ream. just published, price 58, 6d. Parts I. to XXIII. may still be had. Also Vols. I. and II., which contain all the Cases decided from the 1st Jan. 1864 to 1868. Price 27. 28. each in half-calf. MARITIME LAW CASES, decided in all the Courts of Law and Equity, in the Admiralty Court, and Privy Council, and a Selection from the American Reports. Edited by H. F. PURCELL, Esq., Barrister-atLaw. It contains also a Digest of Shipping Law Cases from 1860 to 1864. Price 58. 6d., issued quarterly. Sent to Subscribers by Post on the day of publication. Parts I. to XXV. are published. Also Vols. I. and II.; price 128. in half-calf. COURT FOR DIVORCE AND MATRIMONIAL CAUSES. CONSTABLE v. CONSTABLE Alimony pendente lite-Witnesses examined in support of petition-No answer of husband... GREEN. GREEN 390 392 THE 1073 6 Law and the Lawyers. THE LORD CHIEF JUSTICE OF ENGLAND was unable to sit the last day of Term, by reason of 400 indisposition. 401 401 401 401 401 MR. JUSTICE HAYES died on Wednesday evening. He had been seized with apoplexy on Friday in his private room, after sitting in the Bail Court through the day trying causes. The late Judge was the son of Mr. S. HAYES, of Judd Place, Middlesex, and was born in 1805. He was educated at Highgate, and at the Roman Catholic College at Ware. He was called to the Bar at the Middle Temple in 1830, and went 402 the Midland Circuit, where he speedily secured an extensive practice as a junior. He was raised to the degree of serjeant-at-law in 1856, and obtained a patent of precedence in 1861, soon after which he was appointed Recorder of 61 Leicester. When the Election Judges were added to the Bench, Mr. Serjeant HAYES was 62 selected by Mr. DISRAELI to be one of the three, and he took his seat in the Queen's 63 Bench. He had never taken an active part in public life, nor had he ever been in Parliament, but in politics he was a Conservative. In private life he was greatly esteemed. He was the wittiest man at the Bar; and 67 numberless are the good things he said and wrote, or for which he was credited. His loss will be long felt by his many attached personal friends in the Profession, to whom his exaltation to the Bench was a great satisfaction. The deceased Judge married in 1839 SOPHIA ANNE, daughter of JNO. HALL, Esq., M.D., of Leicester, by whom he leaves four sons and four daughters. 61 62 64 64 66 LEADING ARTICLES:- Motions for New Trials The Land Law Question The Limits of Betting Prosecutions The Collection of Taxes. 68 Birmingham Bankruptcy Court-Serious imputation on a solicitor another company without his own consent first obtained. The present case goes one step further, and determines that this consent cannot be implied from the mere fact of subsequent acceptance of receipts from the transferees. This and in the winding-up of the Family Endowdecision will cause a large amount of litigation, ment, a vast variety of new and difficult questions will arise, which it will take years to settle, and cause enormous costs. THE question of what fees are to be allowed to counsel in election petitions is one of some importance. But at present it would appear that it is not within the limits of discussion, 100 guineas having been fixed as the maximum fee for leaders. We desire, however, to notice an argument addressed by Mr. GIFFARD to the Court of Common Pleas. He urged that the taxing master ought to take into consideration the eminence of the counsel employed. That is to say, that if A. presents a petition against B., and B. in his defence retained the most eminent member of the Bar at a large fee, A. ought to be made to pay that fee. This would cut both ways, and supposing it possible that such a contention could prevail, the existence of the rule would do much to deter petitioners. But it is useless to imagine for a moment that any amount of eminence could saddle opposing parties with an unfair amount of costs. VICE-CHANCELLOR JAMES has repeated his resolution not to encourage speculative windings-up by giving costs, for which alone petitions have been too often presented. Worse than promoters and amalgamators is the race of "wreckers." Indeed, they are, in many instances, the same persons. The Courts will do a great public service by following the example of the VICECHANCELLOR, and not merely refusing costs, but giving costs against "the wreckers" whenever they are caught in their dirty work. THE decision of the Queen's Bench that a farmer may plough up a footpath running across a field appears to be generally misunderstood. has commented upon it as if the law had been Even the usually sagacious Pall-Mall Gazette laid down as broadly as we have expressed it above. The newspapers having generally circulated this reading of the decision, there is great danger lest farmers should be induced by the statement of it to commence a general turning up of their footpaths, not merely to save the trouble of diverting the plough, but with the more substantial benefit of thereby stopping an inconvenient footpath, even more effectually than by due course of law. Lest any should be inclined so to take advantage of what they suppose to be a solemn decision of a Superior Court, let us explain to them, and to the journals who have adopted this view of it, that the decision does not The mago nearly so far as is supposed. namely, that the farmer had been accustomed to terial fact in the case has been overlooked, plough across the path, and the question was whether the public could have a right of footway so modified. It was not decided, nor even contended, that if an ancient footway had never been so disturbed it could now be ploughed up; but whether, having been customarily ploughed, the public could not prohibit the ploughing. The substance of the decision was, that upon the suc-evidence in the case the right of way was a modified right, subject to the right of ploughing which had been customarily exercised. the evidence had been that the path had never been ploughed before, the right of the public would have been to an unploughed pathway. Farmers, therefore, should be careful as ever they were not to plough up a footway which cannot be clearly proved to have been by custom so ploughed. 69 THE Lord Advocate for Scotland was called to 69 8822 69 70 70 71 71 72 Two rumours have prevailed within the last few 73 74 74 75 76 77 77 75 VICE-CHANCELLOR JAMES has made a winding- 80 But if THE strict government prevailing at the Middle Temple, and which is rendering that inn unpleasantly notorious, has excited remark in the daily press. The Post stated that an order exists by which all defaulters in the payment of commons and duties are what is called "screened in the hall, but that this rule is not applied to the Masters of the Bench, although, if not in that position, it would be applied to them. This statement has called forth a contradiction from Mr. SHAW, who says it is wholly untrue, for that the order in question would undoubtedly be applied to the Masters of the Bench, if any of them were brought within the terms of it. There is not, and never has been, as far as Mr. SHAW is aware, any Master of the Bench whose name could have been "screened" in accordance with the terms of the rule. We are glad to hear it. Some considerable leniency ought, however, to be extended to young men struggling in an expensive profession. pay their just debts or to become bankrupts by reason of the freedom of their persons from arrests upon civil process; and some doubts have also arisen whether, in cases of bankruptcy, a commission can be sued out during the continuance of such privilege, to remedy which inconveniences, and to support the honour and dignity of Parliament, and good faith and credit in commercial dealings, which require that in such cases that the laws should have their due course, and that no such merchants, bankers, brokers, "THE Imperial Club," which is a new institu- factors, scriveners, or traders in case of actual tion in the legal neighbourhood of Chancery-exempted from doing equal justice to all their insolvency should by any privilege whatever be lane, is formed for providing suitable accommo- creditors, be it enacted," &c. dation in the way of morning or coffee-room, luncheon and dining-room, reading-room, billiard-room, smoking-room, dressing-rooms, lavatories, and other conveniences for bankers, merchants, and professional men, and to purchase and supply the members of the club with the viands, wines, and other necessaries usually provided at private clubs, but at a moderate cost. The affairs of the club are to be managed by a provisional committee of proprietors. In every Act subsequent to the above, down to the Act of 1849, the Act itself has been continued, or special clauses have been enacted having special reference to persons claiming privilege of Parliament. But it is to be observed, as remarked by Mr. Commissioner Winslow, that all these Acts contemplated only the bankruptcy of traders, and, further, in those Acts which relate expressly to privilege of Parliament, and the effect of which has been to been still respected, and process extended only limit its operation, the person of the debtor has But this would be an argument in favour of the to his goods, lands, and property (10 Geo. 3, c. 50). proposition that the bankrupt laws of late years have contemplated the bankruptcy of persons having privilege of Parliament, so as to make their goods available to their creditors under a bankruptcy, notwithstanding their persons may be privileged from arrest. Giffard's clear opinion that at the present time privilege of Parliament does not extend beyond would appear reasonable that this should be rethe protection of the person, and, if this be so, it garded as having been the case from the reign of George III. With reference to this point, Mr. Comruptcy the person of a debtor is liable to arrest, missioner Winslow's view is that as under a bankParliament, if it had intended non traders having the privilege, to be liable to bankruptcy proceedings, would have made a special enactment THE DUKE OF NEWCASTLE'S BANK- exempting them from arrest, as it did in the case of traders (s. 66, Act of 1849.) THE Irish Solicitors' Apprentices' Debating Society are about to discuss the advisability of instituting prizes for oratory. If this scheme is carried out, and doubtless it will be, and if, as was anticipated at a recent meeting, "It may be left to some here to-night to see the day when, without reaching that complete amalgamation, for which and against which there is so much to be said, the broad river of demarcation which now divides both branches of a common Profession may have dwindled down to a tiny stream which all may pass and repass at their pleasure," the Bar will have to look to its laurels. Those laurels are not just now very splendid, and this is more true perhaps of England than of Ireland. We are not the first to remark on the entire absence of any wish, apparently, amongst barristers to cultivate oratory. Competition may produce the desired result. RUPTCY. ON the verge of the period at which the new bankruptcy law is to come into operation, there has been an elaborate discussion of a subject which cannot recur, but which it is desirable to examine as a bit of legal history. Before noticing the judgments of the Court of Bankruptcy and the Court of Appeal, we may mention what are the terms of the provisions of the new Act. Sect. 120 says that "if a person having privilege of Parliament commits an act of bankruptcy, he may be dealt with under this Act in like manner as if he had not such privilege." And by sect. 121, "if a person being a member of the Commons House of Parliament is adjudged bankrupt, he shall be and remain during one year from the date of the order of adjudication incapable of sitting and voting in that House, unless within that time either the order is annulled, or the creditors who prove debts under the bankruptcy are fully paid or satisfied." It was Lord Justice when they are included in the term 'traders,' which follows, unless, at all events, there be a context rendering such a construction necessary; and there is no such context. I am of opinion that the words 'all debtors' include debtors having privilege of Parliament, first, because the clause, even if taken alone, might well be read and dealt with as being subject, as regards privileged persons, to their privileges, without altogether exempting privileged persons; secondly, because the term 'traders includes privileged traders, and all debtors' having regard to the reference of the one Act to, are substituted for such traders;' thirdly, and the incorporation of the one with, the other, qecause the word 'traders' in the 66th section of the Act of 1849 must be taken as extended by that of 1861 to all debtors having privilege of Parliament." With all deference to the opinion of Mr. Commissioner Winslow, this would appear to be the reasoning which ought to, and which doubtless will, prevail. We would notice one further point, and this is that the Commissioner argues that because the Legislature has, by the Act of enable a creditor to proceed in bankruptcy the present year, passed a special enactment to ment considers a special enactment necessary against a person possessing the privilege, Parlia for the purpose, and no such special enactment having existed in previous Acts the debtor was protected. The fallacy of such a contention is, we consider, palpable, and it is one which ought not to be applied to the construction of statutes. MOTIONS FOR NEW TRIALS. MR. JUSTICE MAULE once observed that "Of all the motion for a new trial was incomparably the the modes of administering justice ever devised worst." This remark embodied all the grim Judge, and it is impossible to sit in court during humour and practical good sense of that eminent the first four days of term without feeling its force. More especially it is so in cases which are moved from the circuit, when the Judge, who tried the case, is very often not of the same court, the counsel who moves it is very likely not the one who conducted the case at the trial, and knows very little about it, or has forgotten all he knew. Every one who has had much opportunity of observation at Nisi Prius must be aware how much may depend upon a single piece of evidence, upon a single fact more or less in the case; and of course this is especially so where motions are made on the ground of misdirection, or to enter a verdict. In such cases the presence or absence of a single fact may make all the difference. It is hardly possible, however clear and candid the statement may be, that it should embody all the material facts, or convey to the court an adequate idea of the case. In most instances the rule nisi is granted rather because the Judges cannot make out the case clearly enough to refuse it, and it is conceived that such motions are acceded to far too readily. The principal argument, of course, rested upon the Acts of 1849 and 1861. Upon the construction of these Acts Lord Justice Giffard was quite clear, first, as to the Act of 1849, that had the Duke of Newcastle been a trader, he would have been subject to the bankruptcy law (sect. 65); and secondly, that reading the Act of 1861, by the light of sect. 69 of the Act of 1849, the term "all debtors" must include persons having, as well as persons not having, privilege of Parment. This was his argument: "The Act of 1849 applied, as all previous bankruptcy statutes had, to traders only, and by sect. 65 it enacted 'with respect to persons liable as traders to become bankrupt that all debtors shall be deemed liable to become bankrupts ;' and by the 66th section-That if any such trader having privilege of Parliament shall commit any act of bankruptcy he may be dealt with under this Act There is a case which has already been twice in like manner as any other trader; but such tried, with a verdict in both trials for the plainperson shall not be subject to be arrested or in- tiff-on the first for less than 407; on the second In looking at the history of the privilege of prisoned during the time of such privilege, for less than 20%; and yet a rule nisi for a third Parliament, we see the grounds which existed except in cases made felonies or misdemeanors trial has been granted. In both cases the rule for its institution and maintenance. In the by this Act. So far the matter is clear, and if was granted only on the evidence, and in each reign of Henry IV. Reeves remarks, "The im- the Duke of Newcastle was a trader there would case without the court thoroughly understandportance which the Lower House was daily be no question. Then we have the Act of 1861; ing how the case stood at the trial. Nor is the assuming made it necessary to enlarge and adjust that Act is intituled 'An Act to amend the Law case much better when the rule comes on to be the right they claimed individually as members." relating to Bankruptcy and Insolvency in Eng- argued. It is after the lapse of a year or so, Peers were exempt from arrest in civil cases at land. It had for one of its objects that of when the Judge and the counsel have forgotten all times by virtue of their dignity, and on the making all debtors, whether traders or not, sub- all about it, and the mere reading of the notes further ground that it was always to be presumed ject to the bankruptcy laws. By the 230th sec- of the Judge conveys a very obscure idea of it. that a peer had sufficient lands and terements to tion it repealed several sections of the Act of 1849, Answers only are taken down, not questions; be distrained. This is so stated in the Countess of and enacted in the 232nd that the Act of 1861 and much depends upon the way in which a Rutland's case, 5 Rep. 52. It is admitted that 'should be construed, together with so much of question is put and answered. The context of an throughout the bankrupt laws, down to 4 Geo. 3, the Bankrupt Law Consolidation Act 1849, as re-examination might quite alter the sense of a c. 33, no special reference was made to peers hav- mains unrepealed, as one Act'-and in the 69th particular answer, and yet may be omitted as ing privilege of Parliament. The deduction from section: As to the persons subject to this Act, not in itself material. The writer has known, this fact would be that peers could not be made all debtors, whether traders or not, shall be sub-recently, a rule for a new trial refused upon the subject to the bankrupt laws, whether traders ject to the provisions of this Act. The argu- strength of a particular answer, which, as it or non-traders. The only argument against this ment is that the words 'all debtors, whether stood on the Judge's note was broad and general, assumption is the fact that in two instances pre-traders or not,' do not include persons having and had a certain decisive sense, whereas in the vious to the Act of Geo. 3 commissions issued examination it had reference to something in against trading peers. The legality of these the form of the previous question, and bore commissions, however, were not discussed in any quite a different sense. Not only the questions, court of law, and there were evidently doubts but the course and order of the questions, are existing on the point, inasmuch as the Act of necessary to enable anyone to understand the Geo. 3, refers to them in its preamble thus:effect of any particular answer. "Whereas merchants, bankers, brokers, factors, such cases certainly the presence or absence scriveners, and traders within the description of of a previous question may make all the differthe statutes relating to bankrupts having the ence. In cases of motions as against evidence privilege of Parliament are not compellable to again, so much depends upon the manner and privilege of Parliament, because those persons In many No demeanour of witnesses that the mere words of the witnesses, however accurately reported, by no means convey the real sense or true force and effect of the evidence. Tone and manner here make all the difference in the world. may mean yes, and yes may mean no, and the impression derived from the mere reading of the evidence may be quite different from that conveyed to the jury. It has been held, on this ground, that a finding in the face of evidence, as it appears in words, may be upheld without any evidence on the other side, because the tone and manner of the witness in cross-examination may satisfy the jury of the contrary of what he swore in chief. But the principle involved in this decision is very imperfectly carried out, and is constantly departed from in the granting of rules for new trials. In case of motions against evidence, it is the general rule to defer to the opinion of the Judge at the trial, which proceeds upon the principle here suggested, that those who are present at a trial are the best judges of the weight and effect of the evidence. In the case already alluded to as twice tried, the simple point was whether there was sufficient evidence that the thing which did the mischief belonged to the defendant so as to make him liable. In neither case was he called to deny it; and the evidence given to show it satisfied the Judge and the juries. Is not that, in all reason, enough? Must not that evidence, which was thus deemed satisfactory, be sufficient? Is there any better test of sufficiency of evidence than that which does in fact satisfy twelve ordinary men chosen indifferently? Is not the only standard of sufficiency that which satisfies such a body of men of the fact? This of course only applies to evidence of facts, or to the effect and weight of evidence as proof of facts, not to the legal effect of facts clearly ascertained, which is always properly for the court. Twelve men of business are surely better judges of the sufficiency of evidence to establish common facts of daily occurrence than the most learned lawyers. For this reason indeed, as great Judges have said, juries are impannelled. It is presumed that they are better judges of the facts than the courts of law are. And for another reason: that they are more acquainted with matters of business, the affairs of life, and better able to know the true force and effect of such facts as occur in the course of those affairs. This is the principle on which causes, and such an Act was passed in the reign of ELIZABETH. Previously to that Act, all the Judges sat at a trial at bar, and when points arose they adjourned them into banc. There is a clause in Magna Charta which directs this course as to the assizes, and it was adopted, from obvious reasons of convenience, in civil and criminal cases at the assizes or at the sittings. The readers of Lord Coke's Reports will find numerous instances of such adjournments of cases upon the evidence. The parties could not object to the court adjourning the consideration of the case, and their consent was not necessary, and was never asked. When one judge tried cases, the necessity for such reservations of cases was only of course more manifest, and could not be, on that account, less allowable. Accordingly, the practice continued from the reign of ELIZABETH to the reign of ANNE, when we find the practice of special cases established, which were only reservations in writing, instead of on the notes of the Judge; a course chiefly resorted to when the case lay in documents or deeds. The whole course and history of the practice shows that it was always well understood that it was for the court to direct the verdict upon ascertained facts. It results that in such cases it is best to enter the verdict; as in the other class of cases it is best, as a general rule, not to interfere with the finding of the jury. The general result would be to diminish the number of new trials, a result much to be desired, as every new trial is a certain delay, and a probable defeat of justice. And in addition to this, the time and energy of the courts, which ought to be devoted to matters of law, are to a great degree wasted upon matters of fact, in which they exercise the functions rather of jurors than of judges. THE LAND LAW QUESTION. ABANDONING the propositions of Mr. CAIRD as impracticable, the Times has put forth another, which is said to represent in its broad features that which has found favour with the Government, and to Mr. C. BUXTON has been given a prominent place in the columns of the same journal for the promulgation of a scheme which he confesses to be derived from the very suspicious parentage of Mr. BUTT. the owner. Mr. BUXTON's plan is confiscation thinly distrial by jury rests, and it is also the principle on guised.. He attempts to draw an unintelligible distinction between "security" of tenure and which the admissibility of circumstantial evi- «fixity" of tenure, and admitting that "fixity" dence rests, viz., that juries may be trusted to would be robbery, he proceeds to the advojudge of the effect of evidence of fact, and the cacy of what is, in fact, "fixity," by calling it inferences of fact to be drawn therefrom. This "security." The true difference between the being so, it is conceived that in common cases meaning of the two terms is, of course, this the rules for new trials on the ground of in"security" means securing to a man the prosufficiency of evidence are granted far too freely; perty he possesses; and "fixity" means the Formerly the rule was not to grant a rule if giving him something more than he possesses, there was a scintilla of evidence; but now the that something more being forcibly taken from rule is granted whenever the Judge is not satisfied. This, it is conceived, is encroaching on The property of a tenant-at-will in my land is no other than the property of a the province of the jury who, by law, are judges weekly tenant in my houses, or of a borrower in of the facts, that is, judges of what facts are proved. my money he has the user of it, and that is all; On the other hand, when once the facts are for this he has contracted, and for this only. ascertained, and are not in dispute, it is for the But Mr. BUXTON claims that the law shall give to court to judge of their legal effect, and to direct a man with whom I have bargained for the use of or enter the verdict. Originally, a jury would my land for a certain time only, the right to posbe liable to attaint if they did not follow the sess it for thirty-one years more; and this upon directions of the Judge; for they were liable for terms not such as I, the owner, may be pleased error in law as well as in fact. This shows that to make, but upon the same terms as the existing they are not at liberty to disregard the direction bargain for a year. He proposes that the tenant of of the Judge on matters of law and upon facts any property, whatever his existing right, should not in dispute. Their province is disputed be empowered to compel his landlord to grant matters of fact; that of the court is the law him a lease for thirty-one years. If this is not upon the facts. This is a broad principle equally an impudent violation of property rights-rank applicable to decisions of magistrates, which socialism in fact we have much misunderstood have been likened to verdicts of juries, as em- the doctrines preached by the socialists at Basle. bracing both the law and the facts. Wherever To compare great things with small, let us the law can be severed from the fact, as it can illustrate it in the most effective manner by whenever the facts are ascertained, or not in reference to self. Mr. C. BUXTON is a great dispute, the legal effect of the facts is for the brewer. In this character he is the owner of a court. In such cases it is idle to grant new multitude of public-houses, and of a still greater trials, as the result must be the same. jury do not find a right verdict, the court must set it aside, and if they can clearly see what it wishes to impose upon the landowners of must be, they can in law enter it, whether con- Ireland? Would he approve a measure that sent be given or not. It is often considered proposed to give to all the tenants of his publicthat consent is necessary to a reservation of houses the right of possession for thirty-one leave to enter a If the multitude of casks. Is Mr. C. BUXTON willing to accept for himself the scheme which he that this is an error, and that the practice arose verdict. But it is conceived years, on the sole condition of paying the existing thus: Originally rent and keeping in repair-thus setting aside the whole court sat to try all the existing contracts between himself and causes, and this is evident from the Statute of his tenants, and bestowing upon them what he to bills of exceptions, which chooses to term "security," but which to all Westminster as speaks of the justices. It was necessary to pass other persons would look like "fixity" a statute of that he has made special contracts with his tenants, and that he lets them the houses at low rents because they are under covenant to buy his beer, and that it would be robbery to give them the houses for thirty-one years discharged from the condition that has regulated their rents. And so beyond question it would be. But how does he distinguish his own case from that of the landlords whose property he proposes to confiscate? They also have let their land to tenants at rents regulated by the conditions under which they hold, and one of these is the right they have to remove the tenant if they do not like him or his management of their property, and to deprive the owner of this right, and to give the land to the tenant for thirty-one years, on terms made under quite other conditions, would be as much a robbery from them as it would be to give to Mr. C. BUXTON's beerhouse keepers their houses for thirty-one years at the diminished rents they now pay. Turning to lesser things, Mr. C. BUXTON lends a multitude of casks, to be returned when the beer they contained is consumed. Would he consider it no violation of property-not a practical confiscation-if the law should give to every borrower of a cask a right to keep it against his (the owner's) will for five years? And would it not be a greater spoliation to take the land of the owner and give it to the tenant for thirty-one years? The plan which the Times, after two or three attempts to patronise schemes that broke down upon examination, has apparently adopted an outline of one which, indeed, is understood to be that which the Government is seriously entertaining, is to some extent a novelty, and at the first glance recommends itself by its seeming simplicity. It is to construct a tribunal to which tenants may appeal against the terms proposed by their landlords, and which tribunal is to be empowered, not merely to determine the terms of a tenancy, but to enforce them upon the landlord. Whether there is to be a correlative power to enforce the rights and lawful claims of the landlord against the tenant is not stated. The advantages of such a plan are many. Thus the law will interfere only in cases where there is a real dispute between the parties; and the injustice and inconvenience of a law tying the hands and interfering with the rights of parties who are dealing fairly, and who desire to be let alone, which must attend any general restrictive provisions, will be effectually avoided. There will be no apparent interference with property; there will be no triumph of the party of revolution, and defeat of the party of order and loyalty. Above all, its operations will be gradual. It is only as existing holdings terminate that the tribunal can be called upon to act, and the knowledge of its existence would probably lead in the majority of cases to an amicable settlement between the parties. Many landlords would be not unwilling to have the trouble and the odium of imposing protective covenants taken from themselves and put upon any independent tribunal. The Irish peasantry are averse to leases, because they do not like to be bound by a written contract which may be enforced against them. This and not reluctance on the part of the landlords is the true cause of the tenancies at will that so largely exist. The owners would gladly give a lease, but the tenant will not have it. Other lesser advantages resulting from a qualified tribunal to arbitrate in disputes between landlords and tenants will readily suggest themselves to the reader, and incline him at first to approve the design. But upon reflection and examination very grave objections present themselves, and these will deserve serious consideration-if only to see if they cannot be removed. To this we will next direct attention. THE LIMITS OF BETTING PROSE- A CASE has been before Mr. TYRWHITT, in which it was put to him, as a point of law, whether it was intended by the Legislature "that tradesmen who went into a neighbour's house and made a trifling bet or two" were to be held liable under the Act. The defendant's advocate said that the defendant "did not deny that he made bets in the house with his neighbours, nor would he deny that he did occasionally indulge in a little harmless betting just as most tradesmen of his class were in the habit of doing." And it was |