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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, July 10, 1847. No. 549-VOL. XI. JULY 17, 1847. PRICE 18. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: [Temple, Barrister at Law. The Lord Chancellor's f A. GORDON, Esq. of the Inner Temple, Barrister at Law. TENISON EDWARDS, Esq. of the Vice-Chancellor Knight [W. W. COOPER, Esq. of the Inner ...... { LONDON, JULY 17, 1847. Inn, Barrister at Law. Court ..... Court of Queen's Bench G. J. P.SMITH, Esq. of the Inner Queen's Bench Bail Court Temple, Barrister at Law. PELLY HINDE, Esq. of the Inner Temple, Barrister at Law. Court of Common Pleas, D. POWER, Esq. of Lincoln's Inn; and including Appeals under Registra- (W. PATERSON, Esq. of Gray tion of Voters Act.... Inn, Barristers at Law. JW.M. BEST, Esq. of Gray's Inn, Court of Exchequer.... Barrister at Law. Ecclesiastical and Admi- J J. P. DEANE, D.C.L. of Doctors ralty Courts Court of Review 1 Commons. ers in bankruptcy a large portion of the insolvency business, for what reason it always was extremely puzzling to discover. And now at length it is found out that the THE BANKRUPTCY AND INSOLVENCY BILL Court of Review is altogether a nuisance; that the in AND THE LOCAL COURTS. solvency business, which is scarcely domesticated in THERE appears to be a sort of fatality attending the the Bankruptcy Commissioners' Courts, is not fit for subject of the jurisdiction in bankruptcy and insol- them, nor they fit for it; that it should be given back vency; year after year changes are made that are to to the commissioners of insolvency; and that the counwork wonders in the way of improvement in that try insolvency business should be transferred to the branch of the law, and year after year do the wonders new county courts. Well might a learned member of change their colour, and though still wonders, shew the House and of the Chancery Bar, ask in the debate themselves to the disappointed public as wonders, not which took place on this subject on the 12th, why the in the way of improvement, but of deterioration. Four- Legislature proceeded piecemeal? one day giving insolteen years ago, what so popular as the abolition of the vency, another day bankruptcy, another day charibankruptcy commissioners and the Chancery jurisdic- ties. Looking, also, at what the proposed meation in bankruptcy? A new court, with a new staff, sure does, and what it does not, well may it be and a whole mass of judicial machinery, extending asked what is meant by a mere abolition of the however its blessings only over a limited portion of the Court of Review by name, when substantially its country, was, if we may use so familiar an expression, jurisdiction is retained, and when in fact the only reall the rage, and men wondered how the bankruptcy bu-sult of the change will be, that the same portion of siness of the country could ever have been got through without a Court of Review, as complete and as strong as one of the king's courts of law. Presently, however, the notion grew into favour of extending the subordinate jurisdiction of the commissioners in bankruptcy, and contracting the superior jurisdiction of the Court of Review, and as all know, that court gradually became curtailed of its fair proportions, till the four judges of the Court of Review ceased to be, and the fractional part of a Vice-Chancellor became, practically, the Court of Review. For although there are still two judges of the Court of Review, Sir G. Rose, as is well known, never sits, except when the Vice-Chancellor Knight Bruce is unable, from illness or otherwise, to attend his court,-a species of occurrence which the practitioners in that court well know to be extremely rare. The With regard to the proposed transfer of the country next change was laying upon the London commission-insolvency business to the local courts, we do not say, VOL. XI. A A the same Vice-Chancellor that now constitutes and adjudicates as the Court of Review, nomine the Chief Judge in Bankruptcy, will continue in all probability, if the suitors are left free, to sit and adjudicate in bankruptcy in the same matters, under the same rules, and with the same extent of jurisdiction as before, only nomine a Vice-Chancellor. So far as regards any effect to be anticipated from this portion of the Bankruptcy and Insolvency Bill, it might as well propose to enact that Sir James Lewis Knight Bruce should on certain days in the week be called Sir James Lewis Bruce Knight, going on of course to provide that Sir James Lewis Bruce Knight should have, for all bankruptcy purposes, the same powers and authority, &c., as Sir James Lewis Knight Bruce. ME that it may not be the commencement of a beneficial change in the administration of the law; for we apprehend, that, with the improvements in the practice of those Courts which experience will no doubt suggest, a large portion of the existing law business of the country will have a tendency to flow into them, and that a want will before long be felt and expressed by the people, to bring their jurisdiction to bear upon a vast quantity of law business for which at present there is no accessible jurisdiction whatever. We allude to business of an equitable character, which we have for a long time contended in this Journal ought, within certain limits, to be placed within the jurisdiction of the local courts. And we have little doubt that before long that view will be taken both in and out of the Houses of Parliament. It is quite impossible that the people, if they find their common-law contracts satisfactorily dealt with by the judges of the county courts, shall not soon begin to ask why their equitable rights and liabilities should not be ascertained by similar tribunals. Trustees and executors, and cestuis que trustent and legatees, will ask why men should be able to recover a debt of 201. in a local court, and be driven to incur personal risk in the administration of an equitable fund of 100%., or to consume it altogether in a suit in the High Court of Chancery. Review. The Law concerning Horses, Racing, Wagers, and "Thou that mayst fortune to be of myne opinion or condy. tion to love horses, take hede that thou be not beguiled as I have been a hundred times and more."-Boke of Husbandry, by Sir A. Fitzherbert, Justice of the C. P. As you recognise the horseman before he has mounted or even gathered up the reins, by the manner of his approaching his animal, so you may often discern the face (or, still better, from the want of one) and table of practical merits of a law-book, from the air of its precontents. An author who has enough of intelligence and tact to acquit himself creditably in arranging and setting forth his work, is sufficiently qualified for writing a useful "practical treatise," and, by the hypothesis, is not likely to commit the folly of undertaking the task, and failing for want of application. There is something eminently practical in the general aspect of the book before us: it is small, compact of print and law, and clearly arranged and set forth. We have not contented ourselves with applying the easy test above alluded to, but have carefully looked into the work, and find that, without any affectation of modesty, the author has barely done himself justice by the following statement in his Preface: We are quite sure that our well-judging professional brethren, connected with the business of Chancery, will "The object of the present Treatise is to lay before 'the Profession and the public in as short and convenot think that, in urging these views, we are untrue to 'nient a form as possible the law of contracts concernthe fair interests of that branch of the Profession. We ing horses, whether it be in buying, selling, hiring, or firmly believe, that, to make the local courts courts of in any other manner dealing with them, to ascertain equity would not, in any perceptible degree, affect the the liabilities incurred by parties either on "the road" proper business of the Court of Chancery, but would 'through negligent driving, or in "the field" by riding simply create a new class of equity business; business over the lands of another; also to explain the present 'state of the law with regard to racing, wagers, and which is at present not done at all, to the frequent gaming in connexion with the recent alterations efruin of the parties concerned. It might prevent the fected by the act of Victoria. In the Appendix will filing of a few bills that ought never to have been filed, be found some very late cases, a few important stabut that would be all, and that would be a publictutes, and some information which may be found usebenefit. If, however, we were satisfied that the effect 'ful for general reference." of such a measure would be to diminish the business of the Chancery practitioners, all we can say is, firstly, that would be but a poor reason for not advocating the plan, if the public interest requires it; and secondly, that the jurisdictional revolution has begun, and nothing can stop it. The Profession may, by judicious and timely acquiescence and assistance, guide it with benefit to the public, and prevent, perhaps, the introduction of those crude schemes devised by laymen alone, which proceed on the absurd notion, that whatever injures lawyers must benefit the public. But the change is, we apprehend, inevitable, and we counsel our brethren not to resist, but to support and direct its march. would tend to incumber the book, but the fullest re"Great care has been taken to keep out all matter that 'ferences are given." These references, we may observe, are honestly given as the author has made them, and where he uses, as every one who intends to write usefully on the horse must constantly do, poor Youatt's "popular" but admirable work, he fairly acknowledges his obligation. In the introductory observations on the giving of warranties there is much sound advice; the result of which is thus summed up: "The best rule for a man therefore to follow in selling a horse is this. Where the horse is of no great value, to refuse a warranty altogether, and such a horse is best sold by auction. Where the horse is of great value, if sound, but that appears doubtful, then to let the purchaser be satisfied by a veterinary examination, and so take the responsibility upon himself. When, however, the seller is confident that the horse is perfectly sound, and that with a warranty he would fetch a larger price than without one, he should have 'him examined and certified as sound, &c. by one or two veterinary surgeons of respectability and experience, and then knowing on what ground he goes, he 'may take the risk of warranting him sound." (P. xxxvii). Chapter 1 treats of the contracts of sale and exchange principally with reference to the provisions of the Statute of Frauds, and herein of the acceptance and receipt, the earnest and part payment, the note or memorandum in writing, and the signature by the party or his agent, and of Sunday dealing. Chapter 2 treats of fairs and market overt, the recovery of stolen horses, and the law of auctions and repositories. Chapter 3 contains a formidable enumeration under an alphabetical arrangement of the different defects which constitute, or do not, legal unsoundness or vice. The definitions or descriptions of the disorders or bad habits are clearly compiled from the modern veterinary authorities, and the legal authorities are appended. When Mr. Oliphant expounds the authorities on the question of soundness, he makes the matter as clear as it really is; but we do not think he has been so happy in his definition of the term. He says, "We may define a horse to be 'SOUND' when he is in the possession of his natural and constitutional health, and also in such bodily perfection as is consistent with 'his natural formation." sentations, as distinguished from warranties. Chap. 6, on the consequences of a breach of warranty. Chap. 7, on pleading, evidence, and damages. Chap. 8, on the law relating to innkeepers, farriers, trainers, and stallion masters. Chap. 9, on livery-stable keepers, agisters, and the hiring and borrowing of horses. Part 2, treating of the wrongs occasioned by the use of horses, contains:-Chap. I. The Criminal and Civil Liabilities incurred through negligent Driving; the Rule of the Road; negligent Driving by a Servant. Chap. 2. Hunting over the Lands of another. Part 3 treats of the history and present state of the laws relating to racing, wagers, and gaming. In an Appendix are given some unreported cases, the statutes, the rules of betting and racing, and some other miscellaneous information. London Gazettes. TUESDAY, JULY 13. BANKRUPTS. JAMES EDMUND PYE, Berkeley-square, Middlesex, milliner, dealer and chapman, July 23 at 2, and August 27 at half-past 11, Court of Bankruptcy, London: Off. Ass. Cannan; Sols. Mayhew & Co., Carey-street.-Fiat dated July 9. GEORGE HARRIS, Giltspur-street, London, tailor, dealer and chapman, July 17 and August 21 at 12, Court of Bankruptcy, London: Off. Ass. Follett; Sols. Mardon & Co., Christ-church-chambers, Newgate-street, London.-Fiat dated July 8. JOSEPH WORTERS, Groton, Suffolk, butcher, dealer and chapman, July 23 at half-past 2, and August 24 at 11, Court of Bankruptcy, London: Off. Ass. Edwards; Sols. Walsh, Sudbury; Milne & Co., Harcourt-buildings, Temple, London.-Fiat dated June 9. SAMUEL HOWARD BILLINGAY, Commercial - road East, Whitechapel, Middlesex, ironmonger, July 23 at 11, and August 23 at half-past 11, Court of Bankruptcy, London: Off. Ass. Green; Sols. Brown & Co., Dudley; Clowes & Co., Temple.-Fiat dated July 8. A definition ought to be the perfection of precision, aptness, and brevity in expression; and yet, if we were asked to select the most inaccurate and least terse sentence in the book, this is the one we should produce. "A horse is sound when he is in the possession of his natural and constitutional health" literally means that state of health which he, the individual horse, possesses, constitutes soundness,-a paralogism, and a proposition which, in the meaning which it was intended to express, that it is sufficient if the animal's health is as good as its natural formation and constitution will allow, is not true, as the cases of unsoundness from congenital malformation or disease (e. g., hereditary blindness, contracted feet, curb, spavin, &c.) abundantly prove. (See Joliff v. Bendell, Ry. & M. 136). The second branch of the definition is in fact a repetition of the first, with a hint of a qualification which is certainly not easy of precise expression. Perhaps the qualification intended may be expressed by saying, that any disease developed or commenced, and capable of detracting in any manner from the usefulness of the animal for any purpose, and any malformation which will necessarily produce such disease in the fair use of the animal, (e. g., contracted ARNOLD HILL, Ipswich, Suffolk, last, patten, clog, and hoof, resulting in inflammation of the foot, though the authorities are not consistent here, see Bailey v. Forrest, 2 C. & K. 131, and Greenway v. Marshall, cit. Oliphant, p. 361) is unsoundness. But no merely mechanical defect or disproportion in any part of the animal, (as upright shoulders, heavy forehand, short pastern, &c.), and no constitutional peculiarity not amounting or necessarily tending to disease, (as an irritable washy constitution, &c.), is unsoundness. We do not know, however, that we can improve on Baron Alderson's definition that "the word 'sound' means sound, and the only qualification of which it is susceptible arises from the purpose for which the warranty is given." The fact is, as a learned writer observes, that "definition, difficult in all but the purely abstract sciences, is peculiarly so in a system of living law. To include in a general expression the whole of a number of particulars, which are not only imperfectly ascertained, from their endless variety, caused by distinctions extremely minute, though often very important, but are constantly subjected to the process of being changed and added to, is evidently not merely a difficult but an impossible operation." (Bissett on Estates for Life, p. 14). To the definition of unsoundness an important practical qualification is annexed by the rule as to Patent Defects, which, as a branch of the general doctrine of Warranty by the principal or his agent, forms the subject of the 4th Chapter. Perhaps the exception noticed above of mechanical defects may be referred to the head of Patent Defects. Chap. 5, treats of fraudulent and other misrepre boot and shoe maker, July 23 at 11, and August 21 at 1, JACOB LEGASSICK, Tavistock, Devonshire, grocer, dra- WILLIAM DOSHA, Snitterfield, Warwickshire, licensed ANTHONY MACHIN, Manchester, grocer and tea dealer, JOHN KINDER, Birkenhead, Cheshire, painter and paper |