Henry-st., Pentonville, Middlesex, commission agent for the PROCEEDINGS of the CLERICAL, MEDICAL, and sale of coals. MEETING. Jos. Stretch, Bootle, Lancashire, cabinet maker, June 22 at 12, Tyrer's, Liverpool, sp. aff. COURT OF QUEEN'S BENCH. GENERAL LIFE ASSURANCE SOCIETY. (Abridged from a Report in the "Morning Herald" of January 8th, 1847.) An Extraordinary General Meeting of the Proprietors and the Assured of this Society was held yesterday, at the office in Great Russell-street, for the purpose of declaring a BONUS out of the Profits which have accrued from the general business of the Society during the five years ending June 30th, 1846. Amongst the Directors present were Dr. Moore, G. G. Babington, Esq., Rev. A. B. Clough, Thomas Davis, Esq., Oliver Hargreave, Esq., and Clement Hue, M.Ď. Lord Denman, C. J., delivered the judgment of the read the Report of the assets and liabilities; the former of which amount Court in May 25. Munden v. The Duke of Brunswick.—Judgment for plaintiff. Masters v. Butler.-Rule discharged. ant. Doe d. Renow v. Ashley.-Judgment for defend- Woolmer v. Toby. Dr. MOORE having taken the Chair, Mr. PINCKARD, the Secretary, to 639,7977. 6s. 5d., and the latter to 484,555l. Os. 5d., leaving a surplus of 155,2427. 68. The CHAIRMAN then stated that his colleagues had authorized him to lay before the meeting the following Report :→→→ "In accordance with the Provisions of the Deed of Constitution, the Directors have called the present Meeting, for the purpose of laying before the Proprietors and the Assured the result of an Investigation of the Society's Affairs for the five years ending June 30th, 1846. On that day the Society had been in existence twenty-two years. An investigacommencement; a second time in 1836; and a third time in 1841. The fourth investigation having been just completed, the Directors have now the gratification of communicating the result to the Meeting. In order to present a clear view of the progress of the Society, the Directors will proceed to exhibit the present amount of its Funds, together with their "I. The Society's Income for the year ending with June, 1841, was 97,9001.; that for the year ending with June, 1846, 116,3002 Thus, notwithstanding the many deductions which are constantly taking place, on account of Policies terminated by death or discontinued from other causes, there is an increase in the Annual Income of the Society to the extent of 18,4001. tion of its affairs was made first in 1831, being seven years from the GRAY'S INN.-At a Pension of the Honourable Socie-state at the last Quinquennial Division:ty of Gray's Inn, holden on Wednesday, the 26th instant, William David Lewis, Esq., was appointed to the Lectureship established by that Society on Real Property and Conveyancing Devises and Bequests. MEMBER RETURNED TO SERVE IN PARLIAMENT. Thomas J. Burke, Esq., for the County of Galway, in the room of Thomas Barnwell Martin, Esq., deceased. MASTERS IN CHANCERY.-The Lord Chancellor has appointed the following gentlemen Masters Extraordinary in the high Court of Chancery:-Stephen Plummer the younger, Canterbury, Kent; Francis Thomas Selby, Spalding, Lincolnshire, In 1 Vol., royal 12mo., price 17. 28. in boards, ARCHBOLD'S SUMMARY of the LAW relating to PLEADING and EVIDENCE in CRIMINAL CASES; with the Statutes, Precedents of Indictments, &c., and the Evidence necessary to support them. By JOHN JERVIS, Esq., Q. C. The Tenth Edition, by W. N. WELSBY, Esq., of the Middle Temple, Barrister at Law, Recorder of Chester. S. Sweet, 1, Chancery-lane; and V. and R. Stevens & G. S. Norton, 26 and 39, Bell-yard, Lincoln's-inn. This day is published, price 11. 11s. 6d., in one thick volume, 8vo., "II. The amount of the Property of the Society, accumulated from the excess of the receipts above payments, was, in 1841, 418,903.g and in 1846, has reached 639,7971. Under the head of Payments are included considerable sums paid for the Purchase of Policies, and also to Annuitants, besides the amount which has become due from deaths and every other demand. "III. After deducting the sum required to meet the liabilities of the Society, there remains a surplus of 155,2422.; while, in 1841, the corresponding surplus was only 89,4001. "This sum of 155,2427. has now to be dealt with, being the amount of profit realized by the Society. In conformity with the provisions of the Deed, one-half of the Profits is to be divided among the Assured for Life, and one-sixth part among the Proprietors; but, in order to avoid inconvenient fractions, the Directors have resolved to recommend to this Meeting to divide the sum of 154,500. This will apportion to the Assured for Life 77,2501., and to the Proprietors 25,7501., leaving one third of the said Profit, amounting to 51,5004., to be laid by and to accumulate as a reserved Fund. This division will give to the Proprietors a Bonus of 51. 38. per share, and to the Assured a sum of 114,031, being the equivalent in reversion to the above amount of 77,2501. This sum of 114,0314. will be added to the Policies, and be payable at the death of the respective parties, and will form an addition equal, on an average, to more than 36 per cent. on the Premiums received during the last five years. It may be desirable, however, to remind the Assured A PRACTICAL TREATISE of the LAW concerning that they have the option of having any one or more of the Bonuses to LUNATICS, IDIOTS, and PERSONS of UNSOUND MIND; with an Appendix of the Statutes of England, Ireland, and Scotland relating to such Persons; and Forms of Proceedings in Lunacy. The Second Edition, with considerable Alterations and Additions, including the New General Orders, Statutes, and Decisions. By LEONARD SHELFORD, Esq., of the Middle Temple, Barrister at Law. S. Sweet, 1, Chancery-lane; V. & R. Stevens and G. S. Norton, Bellyard, Lincoln's-inn, Law Booksellers and Publishers. Of whom may be had, recently published, which they are entitled applied in reduction of their future payments of Premium. For the further information of the Proprietors, it may be mentioned that, by the Deed of Constitution, the Proprietors' Fund is not to accumulate by the addition of Bonuses beyond 50,0007; all subsequent Bonuses being paid over to the Proprietors. The effect of that provision on the present occasion will be, that of the above sum of 25,7507., 17,000%. will have to be added to the Proprietors' Fund, which will then have reached its limit, and the remaining 8,7501., being 1. 15. per share, will be paid to the Proprietors in eash at the end of March next. In estimating the amount of liabilities, it is important to observe that every Policy, together with all other risks, has been valued sepasub-rately and with great care; that there has been no encroachment upon future profits; but that a mode of valuation has been adopted whereby a larger sum is retained to meet such claims as may arise than is usual with most other Offices. This will appear by the following examples : The GENERAL HIGHWAY ACT, 5 & 6 Will. 4, c. 50, and the sequent Statutes, with copious Notes on the Law of Highways; also new Forms and General Rules for making and repairing Roads. Second Edition, corrected and enlarged. By LEONARD SHELFORD, Esq., of the Middle Temple, Barrister at Law. SHELFORD ON TITHES.-THIRD EDITION. The ACTS for the COMMUTATION of TITHES in ENGLAND and WALES, with the LAW of TITHES in reference to those Acts, and Directions and Forms as settled by the Commissioners; also the Report as to Special Adjudications, &c., and the Plans. By LEONARD SHELFORD, Esq., of the Middle Temple, Barrister at Law. Third Edition, price 16s. boards. A PRACTICAL TREATISE on the LAW of MARRIAGE and DIVORCE, and REGISTRATION, as altered by the recent Statutes; containing also the Mode of Proceeding on Divorces in the Ecclesiastical Courts and in Parliament; the Right to the Custody of Children; Voluntary Separation between Husband and Wife; the Husband's Liabilitá to Wife's Debts; and the Conflict between the Laws of England and Scotland respecting Divorce and Legitimacy. With an Appendix of Statutes. By LEONARD SHELFORD, Esq., of the Middle Temple, Barrister at Law, price 17. 108. in boards. A PRACTICAL TREATISE on the LAW of MORTMAIN and CHARITABLE USES and TRUSTS, with an Appendix of Statutes and Forms. By LEONARD SHELFORD, Esq., Barrister at Law. In 8vo., price 17. 118. 6d. bds. "It is clear, then, that the prospects of the Policy Holders at futurs Divisions are most favourable, partly from the unusually large sum retained to meet claims, as shewn above, and partly from the reserve of so considerable an amount as 51,5007. out of Profits thus ascertained, These facts, which have operated to a certain extent in the diminution of former Bonuses, will undoubtedly contribute most powerfully to increase the amount of Profits to be appropriated to the Assured at all succeeding Divisions. In confirmation of this view, the Directors need only remind the Assured of the statement made at the Division in January, 1842, that the two preceding Bonuses had averaged 22 per cent. on the Premiums; that the one then divided averaged 28 per cent.; and that the future Bonuses were expected to exceed that amount. most sanguine expectations entertained at that time have been fully realized by the amount of the present Bonus averaging more than 36 The per cent.; and on precisely the same grounds the Directors conceive themselves entitled to assert, with additional confidence, that its farther increase from time to time is almost certain. The large and increasing amount of the Society's business, and the proportionate diminution of the expense of management (which is now only 8 per cent. on the income), must also be taken into account in the anticipation of future Profits. The Directors have only to add, that they have instructed the Actuary to exhibit to any Proprietor or Policy Holder, or to any person who may be desirous of assuring, the details of all the calculations, with a full statement of the assets and liabilities and balance-sheets of the Society." So far as he (the Chairman) was concerned, any comment was unnecessary, for he believed the Report would speak satisfactorily, both to the Proprietors and the assured (applause). He would, however, just call the attention of the meeting to a very distinguishing feature of the Institution, the economy of its management; which was not only well known to the proprietary, but to the public (applause). The Directors would be happy to answer any questions which might be put to them, or to attend to any suggestions which might be offered for the advantage of the Institution (applause). Mr. FOWLER, after expressing his satisfaction at the explicitness and contents of the Report, said he would trouble the meeting with one or two observations. The sum of 155,2421., which was announced to be the surplus arising from the profits, consisted, he conceived, partly of the reserve made upon a former occasion. If the Secretary could state how much of the amount referred to was composed of the reserve from the former bonus, the meeting would be able to see more clearly the profit realized within the last five years. The SECRETARY said the sum laid by at the last division (one-third of the profits) was 29,5007.; and therefore the net profit realized during the last five years was 125,000l. or 126,000%. Mr. FOWLER wished also to know whether any parties had availed themselves of the opportunity afforded of reducing their premiums ? The SECRETARY said that a considerable number of persons had applied their bonuses in reduction of their future payments of premium. Mr. NEISON (Actuary to the Medical and Invalid Assurance Society) congratulated the Directors on the very distinguished success which had attended the Company's operations (applause). Perhaps the Secretary could explain whether the principle of having a reserve fund applied to other proprietary companies. It was well known that this was a distinguishing feature of some of the mutual companies, and its advantages were obvious. It might be questioned, probably, whether in the infant state of a company the assured would consult their own interest, by adopting such a principle; but in a Society so greatly advanced as the present, it formed a very strong recommendation to Assurers. If it dia not exist, the assured would be deprived of a very large bonus laid out for them in future. There was another point of great importance in the Report, and that was the mode in which the liabilities of the Company had been ascertained. He was not in a position to refer to individual instances, but he knew that serious errors had followed the course of valuation which had been repudiated by this Society. He wished to ascertain from the Secretary whether, in ascertaining the liabilities attaching to the policies, the actual age of the assured had been taken. There was another point in connection with the bonus which was deserving of some explanation. Any holder of a policy might select a reduction of premium instead of a bonus. Now, suppose a person to select the reduction of premium on the present occasion, he wished to know whether he would be able to select a bonus in addition on the next, and vice versâ (hear, hear). He believed the last valuation was made up to the 30th June, 1841, and was anxious to ascertain the number of policies in force on that day, and the number at present in existence. He also wished to know the average age of the assured. He would, in conclusion, ask one other question-namely, the number of deaths during the last five years, and whether there had been any material difference between the actual number and the number anticipated? (hear, hear). The SECRETARY felt great pleasure in answering the questions which had been put by the able and intelligentgentleman who had just addressed the Meeting. With respect to the first question, he was not aware of any other Proprietary Office which had adopted the principle of laying by one-third of the profits. There could be no question that that principle had been a great drawback to the Company, with respect to the bonuses which had heretofore been declared; and it was a matter of astonishment to those who were acquainted with these matters how the Company had got on so well. Notwithstanding this great difficulty, the Society had done its full share of business. All difficulties had now been got over, and the plan of laying by one-third of the surplus would do more to increase the bonuses on future occasions than any other that could have been adopted. To prove that this system must act very beneficially, he might refer to the report of the Equitable Society, in which, after giving examples of its large bonuses, he found this statement:"Among the causes which have contributed to these important results is the reservation at each decennial division of one-third of the surplus fund for future appropriation." It was, therefore, quite evident that the prospects of this Company for the future were pre-eminently above those of all the other companies which had not been obliged to adopt this system, and every person connected with it might look forward with perfect confidence to extremely satisfactory bonuses (cheers). With respect to the mode of valuation, it was stated in the Report, that all the policies had been valued separately: and he would add, that all the lives had been valued at the increased age at which they had arrived on the 30th of June last. In reference to the question as to the reduction of premium, be begged to say that the bonus might be taken either way, and at any time. Another question put by Mr. Neison was with regard to the number of policies. The number at the last division, five years ago, was 3140; and the number in existence now is 4,138 (hear, hear). The average age of lives on the books is 48. The number of deaths expected within the last year was 106; but he was happy to say the actual number which had occurred was only 53, being just one-half (applause). This was rather more favourable than the general average; but the same sort of mortality had existed during the five years, with little deviation (hear, hear). In answer to a question by Mr. STREETER, The SECRETARY said, that, in consequence of the enormous competition which had existed between the Life Offices for the last ten or twelve years, several of the more recent ones had endeavoured to shew a great bonus. In order to keep themselves alive, they had, on the first occasion, instead of dividing the profits up to that time, anticipated the future profits from the business upon their books. This was an extremely fallacious mode of proceeding, and must in time prove ruinous. It would, no doubt, have the effect of misleading some persons, by giving to the office a highly flourishing appearance, when that was not really the case. This Company had, however, laid by rather too much than too little, and had not encroached on any future profits. Mr. NEISON had not the least hesitation in saying that the mode of valuation which this Society had rejected would have had the effect of anticipating future bonuses; and he was justified in that opinion by an essay read before the Philosophical Society of Edinburgh, by one of the most scientific writers on the subject. One feature connected with this Society deserving of great commendation was the minuteness of detail with which the valuations were made (hear, hear). Dr. REID inquired the average number of proposals for life assurance during the last five years, and the amount of money included in those proposals. The SECRETARY.-The average Annual number of proposals was 557, and the amount proposed by them was 339,6001. Mr. WHISHAW said the Report and the explanations which had been given were so satisfactory, that every one interested must feel obliged to the Directors for the manner in which they had conducted its affairs (applause). He wished particularly to impress on the notice of the Proprietors and the public the importance of the last paragraph in the Report, which invited the assured and the public to examine the state of their own affairs. If there was one mode of inspiring confidence better than another, it was that of giving on all occasions every possible information, and shewing no wish for concealment (hear, hear). He believed it would be desirable in future reports to give a general outline of the principles on which the Society's calculations were founded. The SECRETARY said the original draft of the Report stated the exact mode; but the Directors thought so few persons would properly understand it, that it would be much better for parties to call at the office, where every information would be afforded (hear, hear). Dr. CRUCEFIX expressed himself highly gratified with what had taken place. If he asked one or two questions he trusted they would not be considered as arising from idle curiosity. The first paint on which he wished to ask a question related to the mode of arriving at the peculiar valuation respecting unhealthy lives. He also wished to know whether the Directors had considered another matter, which he had always thought of importance-the propriety of an insurer taking the value of the bonus in cash instead of its full amount being added to the policy, or his receiving it bit by bit in the reduction of premium. The SECRETARY, in reply to the first question, said, that more than usual care was always taken in admitting diseased lives, and when they were admitted, they were taken at a corresponding premium. With respect to the second question, the Directors had no power at present to act in the manner suggested. Dr. Crucefix did not seem to think the reduction of premium so important as it really is. To shew its effects he would mention one or two instances. In the year 1825, Archdeacon Pott insured for 1000/. This being his fourth bonus, would not only have the effect of extinguishing the premium, but of adding the sum of 1761. to the policy (hear, hear). A PROPRIETOR remarked that this was somewhat extraordinary. The SECRETARY, in explanation, said that the four bonuses amounted to 4001. By taking an annuity instead, in reduction of his premium, he would obtain a larger amount than would pay the premium. The Rev. E. J. WILCOCKS.-And for the rest of his life not have a shilling to pay (hear, hear). The SECRETARY.-Yes; and beyond that there would be the addition to the policy to which he had alluded. He would mention another life, the insurance on which took place in 1827. The age was 61, and the premium 661.; but by applying the bonus in a similar manner, the premium would now be reduced to 81. He would just add another instance or two where two bonuses only had been given. A life, aged 69, was insured at a premium of 1007. That premium was now reduced to 351. 58. In another case the life was 61. The premium, which was 667., is now reduced to 417. And he begged to add, that, as the bonuses hereafter are expected to be larger, so almost must the reductions of premium at all ages be greater (hear, hear). Dr. SHEARMAN moved that the account and statements contained in the Report be approved. Dr. DUNLAP seconded the motion. Mr. FOWLER said he was desirous of ascertaining the relative position of this with other offices, and the number of offices started within the last five years. Mr. NEISON said a great number had been projected, but he believed that fifty had come to maturity. Mr. FOWLER asked whether other offices had been equally successful? The SECRETARY believed that a majority of the old offices had rather receded than gone forward. Many of the same standing were not doing near so much business. Dr. HUE wished to know the number of applications for policies, and the number of refusals. The SECRETARY said the number of proposals during the last five years was 2784, out of which number 415 were declined. A PROPRIETOR.-How many were effected! The SECRETARY.-For the five years ending June, 1841, the number issued was 1837; for the last five years, 1892; being an increase of 55. To shew that the Society was progressing, he might add that the number issued during the last year was 401 (hear, hear). Persons of every age and in any station may assure with this Society. Nearly Five-sixths of all the Profits will in future be divided among the Assured. Tables of Rates and Forms of Proposal can be obtained by addressing a Letter to GEO. H. PINCKARD, Secretary, No. 78, Great Russellstreet, Bloomsbury, London. N.B.-The above will repay a careful perusal. SOCIETY FOR PROMOTING THE AMENDMENT OF THE LAW. A This day is published, in one vol. 8vo., price 14s. cloth boards, PUBLIC MEETING will be held on SATURDAY, THE STATUTES and ORDERS relating to PRACTICE the 5th of JUNE next, at the Society's Rooms, when the Attendance of all Persons who feel interested in the important object of the Amendment of the Law in any of its Branches is earnestly requested. LORD BROUGHAM will take the Chair at 3 o'clock precisely. 21, Regent-street. A and PLEADING in the HIGH COURT of CHANCERY, from 1813 to Easter Term, 1847, classified according to the respective Proceedings in a Suit; with a Time Table and Notes. By SAMUEL SIMPSON TOULMIN, Esq., of Gray's Inn, Barrister at Law. S. Sweet, 1, Chancery-lane, London. YOUNG GENTLEMAN of respectable connections, LONDON AND PROVINCIAL LAW ASSURANCE who has been admitted, and since been in a Conveyancer's Chambers, and has also a competent knowledge of Common Law, and especially Magistrate's Business, is desirous of undertaking a SITUATION in a respectable Office in Town or Country to MANAGE the Conveyancing Department, under the superintendence of the Principal. Satisfactory references would be given as to respectability and ability. The Adver. tiser would give security not to commence Practice in the same Town or Neighbourhood, unless in the course of a year or two a satisfactory arrangement can be entered into for PURCHASE of a SHARE of the Business, on payment of an adequate premium. Address to Messrs. Capes & Stuart, Gray's-inn. CIRCULAR NOTES and LETTERS of CREDIT. The London and Westminster Bank ISSUES CIRCULAR NOTES for the Use of Travellers and Residents on the Continent. These Notes are payable at every important Place in Europe, and thus enable a Traveller to vary his Route without inconvenience; no expense whatever is incurred, and when cashed no charge is made for commission. These Notes may be obtained either at the head Office of the London and Westminster Bank, in Lothbury, or at the Branches of the Bank, viz.-1, St. James's-square; 213, High Holborn; 4, Stratfordplace, Oxford-street; 3, Wellington-street, Borough; and 87, Highstreet, Whitechapel. By Order of the Board, JAMES WILLIAM GILBART, General Manager. ROGERS ON ELECTIONS, ELECTION COMMITTEES, AND REGISTRATION. In a few days will be published, THE SEVENTH EDITION of the LAW and PRAC TICE of ELECTIONS and ELECTION COMMITTEES; with GILBERT'S COSTS.-THIRD EDITION. SOCIETY. No. 32, NEW BRIDGE STREET, BLACKFRIARS, LONDON. Completely registered, pursuant to 7 & 8 Victoriæ, cap. 110. THE HONOURABLE ANTHONY JOHN ASHLEY. HENRY HUGHES, Esq., Clement's Inn. DIRECTORS. ADDAMS, RICHARD, Esq., Doctors' Commons. LAKE, HENRY, Esq., Lincoln's Inn. BILLS of COSTS between ATTORNEY and AGENT, PANTHER, MICHAEL SMITH, Esq., Fenchurch-street. in the Courts of Queen's Bench, Common Pleas, Exchequer of Pleas, and Crown Office, shewing at one view Sets of Costs complete in themselves; also, in Bankruptcy, Insolvency, Chancery Conveyancing, Privy Council, Replevin, Sci. Fa., &c., with other miscellaneous Bills, and a copious Index. By E. W. GILBERT. Third Edition, considerably enlarged. Wm. Benning & Co., Law Booksellers, 43, Fleet-street. NEW CHANCERY ORDERS. Just published, in 1 vol., price 128.6d., PICKERING, EDWARD ROWLAND, Esq., Lincoln's Inn. THE PRACTICE of the COURT of CHANCERY WICKENS, JAMES STEPHEN, Esq., Mortimer-street, Cavendish-sq under the Orders of May, 1845. Edited by JOHN ROGERSON, This day is published, in 1 thick Vol. 8vo., price 17. 58. boards, THE LAW relating to RAILWAYS and RAILWAY COMPANIES; with all the Cases relating to Compensation, Mandamus, Injunction, and other Matters decided in the Courts of Law and Equity; including the Decisions as to the Liabilities of Promoters and Provisional Committee-men, and on the Rateability of Railways to the Poor's Rate. Also the Practice in Parliament, Standing Orders, &c. The Appendix contains all the Statutes, Forms of Notices, Warrants, Inquisitions, Awards, &c.; with Precedents of Pleadings, Deeds, &c. By WILLIAM HODGES, Esq., of the Inner Temple, Barrister at Law, Recorder of Poole. S. Sweet, 1, Chancery-lane. Of whom may be had, A TREATISE on PRESUMPTIONS of LAW and FACT, with the Theory and Rules of Presumptive or Circumstantial Proof in Criminal Cases. By W. M. BEST, Esq., A. M., LL. B., of Gray's Inn, Barrister at Law. In 8vo., price 15s, boards. WROTTESLEY, The Hon. WALTER, Lincoln's Inn. BEEVOR, FREDERICK BALDERS, Esq., Gray's Inn. SIR FITZROY KELLY, M.P. Four-fifths of the Profits divided amongst the Assured on the participating scale, by way of bonus, or in reduction of Premiums. The lowest rates of premium consistent with security to the Assured. The Directors may renew Policies becoming void from the lives assured going without permission out of Europe. Ladies, and parties in the Country, whose lives may be proposed for assurance, not required to appear before the Board. All the usual advantages given by other Assurance Societies will be found at this Office, and every variety of Proposal for Assurance and for Payment of Premiums entertained. Annuities granted. Proposals for Loans on Life Interests or other approved Security en tertained. The usual Commission allowed. Prospectuses, &c. may be had at the Office, or will be forwarded on application to the Secretary. Printed by LUKE JAMES HANSARD, PRINTER, residing at No.7, Southampton Street, in the Parish of St. George, Bloomsbury, in the County of Middlesex, at his Printing Office, situate in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County 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, May 29, 1847, The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and House of Lords ....... A. GORDON, Esq. of the Inner Temple, Barrister at Law. ThConford Chancellors { A Temple, Barrister at Lar Tuner Master of the Rolls Court G. Y. ROBSON, Esq. of the Inner Vice-Chancellor of England's Court Vice-Chancellor Knight LONDON, JUNE 5, 1847. It appears that in the Bristol County Court an action was lately brought by a shoemaker, whose account against his customer very much exceeded 207., for a portion of the debt under 207., and that judgment was given for him. And this decision has afforded ground for some doubts and anxiety on the part of the public as to the effect of the 63rd clause of the 9 & 10 Vict. c. 90. | The clause in question runs thus: "That it shall not be lawful for any plaintiff to divide any cause of action, for the purpose of bringing two or more suits in the said courts; but any plaintiff having cause of action for more than 20l., for which a plaint might be entered | under this act, if not for more than 207., may abandon the excess; and thereupon the plaintiff shall, on proving his case, recover an amount not exceeding 200. And | the judgment of the Court upon such plaint shall be in full discharge of all demands in respect of such cause of action, and entry of the judgment shall be made accordingly," Court of Queen's Bench G. J. P.SMITH, Esq. of the Inner POWER, Esq. of Lincoln's Court of Exchequer...{W.M. BEST, Esq. of Gray's Inn, W. W. COOPER, Esq. of the Inner If a tradesman, say a shoemaker, makes for me a pair of shoes and delivers them, and delivers and claims payment of his bill for the shoes, there, it is clear, is a distinct cause of action. If he delivers the shoes but makes no claim for payment, there is no cause of action, because, until there is a sufficient claim made and refused or neglected, there is plainly no actual cause of action, though there may be an inchoate right of action. If, therefore, a shoemaker makes me a dozen pair of shoes consecutively, without making any claim for payment, there is no cause of action till he does make a claim; and hence if, before he delivers any bill and claims payment, the amount of his claim exceeds 201., the cause of action is for more than 200., and obviously he cannot split his cause of action into several parts, and proceed in the county court by one action for the price of so many pairs of shoes as amount to 20l., and by another action for the balance. This view is, as we have said, supported by authority. In Rex v. The Sheriff of Hertfordshire, (1 B. & A. 672), (cited by Mr. Udall in his Essay on the County Courts We are not apprised of the details of the Bristol case; Act, p. 49, notes), the application was for a writ to but the judge appears to have held, that the plaintiff's prohibit the sheriff from proceeding in two suits in his whole demand was not one cause of action, but several county court, at the suit of the same plaintiff against the causes of action; and, therefore, that, by recovering | same defendant, and it appeared that the facts were these: 201. in one action, he was not precluded from bringing A. became indebted to B. in a sum not exceeding 40s. for a further action for the remainder. The question, | the carriage of a parcel of goods; and in a month afterhowever, which this case has suggested is, whether a wards incurred another debt to B. not exceeding 40s., for tradesman, dealing with his customer upon a given the carriage of a second parcel. B. brought two actions credit, say a quarter's credit, can, at the end of the in the county court for the respective debts; and held, quarter, bring several actions for the items composing "that the causes of action were distinct, and that B. was the account. And the great difficulty suggested is that entitled to sue separately for each demand. Lord Tenof determining what is meant in the statute by cause of terden observed that this was not a splitting of actions. action. To be so, the cause of action must be one and entire; in these cases, the two items are perfectly distinct debts, the one having no connection with the other. The FR plaintiff might have sued for one before the other was Now, the matter appears to us not very difficult, if we look at the common-sense view of it, and we shall find that that view is supported by authority. VOL. XI. U | due, and that as he had a remedy for the first debt, so he must have one for the second." Now, the principle of this decision is, that separate grounds of claim form separate causes of action, provided, we conceive, separate claims are made in respect of them. But if the party having separate grounds of claim, elect to amalgamate them into one, and to make but one claim in respect of all, he treats the aggregate of his atoms of debt as one debt, and himself converts several causes of action into one cause of action. No one can doubt, that, if a tradesman delivers a quarter's bill as a specific bill, he could bring an action on that bill before the next quarter's bill had become due. It is a perfectly distinct claim, and would be a distinct cause of action, whether there were or were not any subsequent dealing. Suppose him to go on supplying a customer for any given number of quarters without payment, delivering for each quarter a distinct bill, in no degree noticing the preceding one, could it be contended that he could not bring an action on any or either and each of the quarters' bills? But, if he thought fit, instead of taking that course, to run all the accounts one into the other, and at the end to lay one claim for the whole, then could it be any more doubted that he had changed the several claims into one claim, and the several causes of action into one cause of action? The whole question is one of construction of the contract between the parties, that is, of the intention of the parties. When I lend A., for example, from time to time money, taking notes for the separate loans, unquestionably I could proceed on each of the notes separately; but if, after a time, I cancel the separate notes, and take one note for the aggregate debt, as unquestionably I have made the contract one of a single debt instead of many debts, and could no longer proceed for the items separately, but only for the whole as one demand. Before the 9 & 10 Vict. c. 95, the point was of little importance, but it has now become of importance to consider the effect of varying the original contract between tradesman and customer, and we apprehend that everything, or nearly everything, will depend upon the time and mode of the claim. We cannot doubt that a tradesman supplying goods, for each item of which delivered he might maintain an action in the county court, if he sent in a distinct bill, and made a distinct and separate claim of payment, will be unable to proceed for more than 207. if he delivers no account, and makes no claim till his claim exceeds 201. But if a tradesman takes care to deliver and claim payment of his bill, as a distinct bill on a closed account, whenever it amounts to 207., we conceive that any county court would miscarry if it should refuse to give judgment in his favour, though he should bring fifty actions, provided he is not barred by the Statute of Limitations. It must not be forgotten, that in all cases, however much the cause of action exceeds 207., the plaintiff may recover for 201., if he will submit that the judgment in his favour shall be a bar against any further claim in respect of the whole sum, on the claim for which he grounded his action to recover the 20%. We cannot conclude without noticing the grievous defect of the County Courts Act, that it affords no means of bringing a question before a superior court by way of appeal. Here, for instance, is a sort of case in which no one will be satisfied with county court law, and which, nevertheless, can in no way be brought before a superior court, either by way of appeal, or by way of case for its opinion, if once brought to trial in the county court. The 90th section of the act permits, under certain circumstances, the removal of a cause into a superior court, where it has not been tried in the county court; but that power will obviously not at all answer the purpose of an appeal. COURT OF QUEEN'S BENCH. TRINITY TERM.-10 VICTORIA. June 3. This Court will, on Monday the 14th, Tuesday the 15th, Wednesday the 23rd, Saturday the 26th, and Wednesday the 30th days of June instant, and on Thursday the 1st, Friday the 2nd, and Saturday the 3rd days of July next, hold sittings, and will proceed in disposing of the business in the Crown Paper, the New Trial Paper, and Special Paper; and will also hold a sitting on Wednesday the 7th day of July next, and give judgment in cases previously argued. BY THE COURT. Lord Denman, C. J., delivered the judgment of the Court in May 29. June 4. Woolmer v. Toby.-Rule absolute for nonsuit. Lord Denman, C.J., said, at the Sittings in Bane after Term, we shall, in the first instance, take all those cases in the Crown Paper which are of a criminal nature; afterwards we shall go into the New Trial Paper; and we shall also proceed to some extent with the Special Paper. The following cases, standing for argument in the Crown Paper, will be taken at the Sittings in Banc after this Term : Giles in the Fields. Reg. v. The Inhabitants of St. | Reg. v. Reuben Hunt. Reg. v. Charles Wright. John Keen v. Reg. COURT OF EXCHEQUER. TRINITY TERM.-10 VICTORIA.—June 1. This Court will hold sittings on Friday the 18th day of June instant, and on every following day thenceforth, (Sundays and Wednesday the 23rd day of June instant excepted), until and including Thursday the 8th day of July next; and at such sittings will proceed in disposing of the business then pending in the Paper of Demurrers, and in the Paper of New Trials, together with all Motions appointed to be brought on with any cause standing in the New Trial Paper; and also in giving judgment upon the Special Cases, Rules, and Motions then standing for judgment. BY THE COURT. Read in open Court.-EDWARD Bennett. EXCHEQUER CHAMBER. The Court will sit to argue cases in error from the Queen's Bench, June 14, 15, and 23; Common Pleas, June 16 and 17; Exchequer, June 18 and 19. v. Hudson, affirming the decision below. Patteson, J., gave judgment in the case of Thomas London Gazettes. TUESDAY, JUNE 1. BANKRUPTS. SIDNEY STRONG, Watling-street, London, cigar manufacturer, June 8 at 2, and July 13 at half-past 11, Court of Bankruptcy, London: Off. Ass. Whitmore; Sol. Gill, HarJAMES THOMAS SARSON, Brunswick-place, City-road, rington-street, Hampstead-read.-Fiat dated May 22. Middlesex, vinegar and mustard dealer, dealer and chapman, June 11 at 2, and July 13 at 11, Court of Bankruptcy, London: Off. Ass. Whitmore; Sol. Weeks, Tokenhouse-yard.-Fiat dated May 29. |