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Robinson, Daniel Sneinton, Nottingham, Coal and Ship Owner. Pennell, Off. Ass. : Jordeson
Dealer. For 8: Co., Nottingham. Dec. 17. & Co., High Street, Southwark. Nov. 29. Saunders, James, Strand, Hotel Keeper. Lacking. Wilkins, William, Crown Street, Soho, Tallow
ton, Off. Ass. : Pocock & Co., Bartholomew
Chandler. Graham, Off. Ass. : Tribe, Russell Smith, Edward, of Wigmore Street, Cavendish
Street, Bloomsbury. Nov. 29. Square, Grocer. Johnson, Off. Áss. : Arch- Wilson, William Henry, Eton, Buckingham, Tabutt, Sloane Square, Chelsea. Nov. 29.
rern Keeper. Graham, Off. Ass.; Goddard, Shawcross, William, John Greenhalgh, and John Wood Street, Cheapside. Nov. 29.
Cross, of Stockport, Chester, Cotton Spinners Webster, Christopher, sen., Hulme, Manchester, and Manufacturers. Willis & Co., Token- Banker. Makinson & Co., Temple : Atkinson house Yard : Mortimer, Manchester. Nov. 29.
& Co., Manchester. Dec. 10. Simpson, George Thomas, formerly of Lower
Road, Islington, now of Curzon Street, May Weakley, Robert, Devonport, Devon, Hotel Keep-
er and Tavern Keeper. Sole, Aldermanbury: Druggist. Pennell, Off. Ass,: Tribe, Great
Sole, Devonport. Dec. 10. Russell Street, Bloomsbury. Dec. 6. Wilkins, William, and Joseph Wilkins, Iffley, OxSimons, Thomas, Exeter, Builder. Turner, Exe- ford, Timber Merchants. Hester, Oxford : ter : Turner, Bedford Row. Dec. 10.
Messrs. Baxter, Lincoln's Ion Fields. Dec. 13. Saint James, Haltwhistle, Northumberland, Wilks, Thomas, Walsall, Stafford, Tailor and Builder, Draper and Shopkeeper. Welford,
Draper. Smith, Chancery Lane : Hill, BirHexham . Foster di Co., John Street, Bedford
mingham. Dec. 13. Row. Dec. 10. Schofield, George, Limefield, near Bury, Lancas- Whiteley, Jonas, Halifax, York, Machine Maker. ter, Woollen Draper. Appleby & Co., Bedford
Emmett & Co., Bloomsbury Square : AlerRow; Grundy, Bury. Dec. 17.
andler & Co., Halifax : or Stocks & Co., Halifax. Thomas, Thomas Phipps, Cheltenham, Gloncester,
the younger, and Ralph Knowles Waller, botham, Cheltenham. Dec. 20.
Manchester, Cotton Spinners and ManufacSpencer, John, Winlaton, Durham, Tailor and
turers. Adlington & Co., Bedford Row : Claye Draper. Nicholls go Co., Cook's Court, Lin
& Co., Manchester. Dec. 3. coln's Inn : Kent, Newcastle-upon-Tyne. Wilson, Thomas, and William Wilson, Liverpool, Dec. 6.
Merchants and Clothiers. Alllington & Co., Saunders, Elizabeth, Chesham, Bucks, Grocer and Ironinonger. Gibson, Off. Ass. : Maxon,
Bedford Row : Clay & Co., Liverpool. Dec. 6. Little Friday Street. Dec. 10.
Woodcock, William, Deal, Kent, Straw Hat Ma. Thompson, William Christian, Liverpool, Attor- nufacturer. Parker, St. Paul's Church Yard.
ney at Law, Land Agent, and Commission Dec. 17.
Birmingham, Drapers and Warehousemen. Thompson, Benjamin, Great Yarmouth, Norfolk,
Reed & Co., Cheapside : Griffiths & Co., BirSteam Packet Proprietor. Holt, Great Yar
mingham. Dec. 17. mouth : Swain & Co., Frederick's Place, Old Jewry. Nov. 26.
Wells, George Stansfeld, Ripponden, Soyland, HaTaylor, William, and Jonn Taylor, Macclesfield,
lifax, York, Cotton Spinner and Manufacturer. Chester, Silk Manufacturers. Lowe & Co.,
Hawkins & Co., New Boswell Court · Howarth Southampton Buildings, Chancery Lane :
& Co., Ripponden. Dec. 20. Brocklehurst & Co., Macclesfield. Dec. 3. Yates, William, Manchester, Commission Agent, Trent, Henry, and Edwin Ward Trent, Old Ford, Cotton Spinner and Manufacturer by power,
near Bow, Middlesex, Rope Makers. Graham, Adlington & Co., Bedford Row: Morris, ManOff. Ass. : Church, Solicitor, [no residence ga. chester. Nov. 26. zetted). Dec. 6.
Yeld, George Collett, Market Street, Edgeware Triance, William, King's Lynn, Norfolk, Builder.
Road, Iron Merchants. Green, Off. Ass : Pitcher, King's Lynn : Clowes & Co., Temple.
Freeman & Co., Coleman Street, Dec. 13.
Hawkins & Co., New Boswell Court : Wells,
PRICES OF STOCKS.
Saturday, 21st December, 1839. rers. Shaw, Ely Place, Holborn : Walters, Bank Stock, div. 7 per Cent.
Newcastle-upon-Tyne. Dec. 17.
90L a & Co., Bedford Row : Payne, Liverpool. 33 per Cent. Reduced
98 aš Dec. 17. Walker, Elizabeth, Market Rasen, Lincoln, Fell- Long Annuities, expire 5th Jan. 1860 - 13 a 14
monger. Dyneley & Co., Field Court, Gray's Ditto for 30 yrs., exp. 10th Oct. 1859 134 at Inn : Rhodes, Market Rasen. Nov. 26.
India Bonds, 3 per Cent.
9s, a 7s. dis. Watson, Charles, Braintree, Essex, Carpenter and
Builder. Messrs. Daniell, Colchester : Powell, Exchequer Bills, 2d. 11d. 10001. - 58. a 38. dis. Martin's Lane, Cannon Street, London. Nov. Ditto. Ditto. 5001.
5 a 3s. dis. 26.
Ditto. Ditto. Waddell, James, Lime Street, and Leadenhall
58. a 2s, dis. Street, London, Ship and Insurance Broker, (3 per Cent. Cons. for Openg. Jan. 16
SOME ACCOUNT OF THE GRAND last Michaelınas Term, the Judges of that LEGAL TOURNAMENT.
Court baving expressed their willingness to hear the other side of the question fully argued
in the ensuing Hilary Term. Under these We are happy that we are able, during this circumstances," much discussion has taken present joyful season, to present to our readers place in the interval as to the best mode of some account of an occurrence which we trust settling the matter finally and satisfactorily. may form a pleasing variety to the usual con- The great difficulties attending the question, tents of our number. Nothing can exceed the peculiar delicacy of the case, and its imour love and veneration for the law, whether portance, both to the profession and the pubin its inost extended principles or its minutest lic, have led the parties concerned to the condetails. We hallow the very dust which slum.clusion that a inere legal argument is not the bers on the legal foliu. We have an affection right mode of deciding it, and it was deterfor the smokey atmosphere of the Inuis of inined that “the trial by battel” was, on the Court; it has been the breath of life to sage whole, ihe most satisfactory mode that could after sage, and “if we bave it not” (except be resorted to; and however startling this anduring the long vacation)"we die.” We bouncement may at first appear, when it is stand or fall lay our profession : it is our mis remembered that this mode of trial has been tress: we can see no defects in it; and what only recently abolished, and was peculiar to may be blemishes to others are beauties to us.
the Court of Common Pleas, it will be allowed We love it in all its branches; in all its rami- at once that it is not very surprising that refications. Judges and barristers,-attorneys course should have been had to it. and solicitors, -town and country, --studen's
This having been resolved on, the next point anıl articled clerks, — copying clerks, and
was to devise the best mode of carrying the barristers' clerks,
resolution into effect. The trial by batiel was thein all:" we have a heart for the whole a species of duel which only admitted of two race; and a hand, such as it is, to defend their champion a-one on either side—and this, alsmallest privileges. We are fond of all pro- though not without its advantages, was also fessional customs and habits, and we regret open to many objections. It was resolved, that many of them are becoming old-fashion- therefore, that the matter would be more ed. Of the grand legal revels formerly cele- fairly decided by means of a tournament, in brated in the Halls of the Inns of Court about which five chainpions should be selected from this season of the year
among the Serjeants, and five others from " When iny Lord Keeper led the brawls, among the Queen's Counsel of the Common
And seals and maces danced before him"- Law Bar, most affecied by the reclosing of the Of these we have already given a full account; be opened, and that a joust or passage at arms
Common Pleas, and that public lists should and we are sorry that we are not able to say a should take place. This, it was thought, would, word as to their revival. Still, however, we are happy to think that all love of antiquity is
on the whole, be the fairest way of settling not quite extinct among us, as we are now
the question, and would, moreover, be inore in about to prove, by giving a brief but a true accordance with the spirit of the times, tournaand correct account of what will, we are sure,
ments being just now quite the fashion.
No sooner was this resolved on than the be considered an interesting professional event.
Our readers are already well aware of the parties looked about for a piece of ground claims which have recently been put forward suitable for their purpose; and, after some
deliberation, the vacant space in the middle of by the learned body of Serjeants to the inonopoly of the Court of Common Pleas, and that Lincoln's Inn Fields was selected as the most this matter was left pending at the close of
a 3 Bla. Com. 339. VOL. XIX.-XO, 566.
Some Account of the Grand Legal Tournament. desirable, being adjacent to the chambers somely responded to. The knights now pol of the several champions, and, as it was suy- lances in rest, dashed their spurs into their gested by one of the Judges, close to Sur-fiery steeds, and started at full speed, ineeting geon's Hall, in case of any bruised heads or midway in the lists. The war cry on the one broken limbs. Leave from the proper autho- side being “A Campbell, a Campbell,” on the rities having been obtained, lists were soon other, “A Wilde! a Wilde!” The champions erected on the model described by Mr. Justice were thus paired :—The Attorney General en. Blackstone. To the honour of the profession countered Serjeant Spankie, each wearing on let it be said, that there was no lack of persons their belmet and shields, the thistle, einbleon either side ready and willing to stand for- matic of their country. Mr. Thesiger boldly ward as the selected champions, and to labour opposed the Solicitor General; Serjeant Boin pas hard to become expert in the necessary martial singled out Mr. Erle as his teirporary foe; exercises. They all, however, without excep- Serjeant Talfouril confronted Mr. Kelly, while tion, declined to take the part of the dummy Serjeant Goulburn, who appeared in a fine suit knight. The names of the selected champions of blue arınour, and appeared quite at home in were, for the Serjeants—The Solicitor General; the lists, breathed defiance against Mr. Jervis, Serjeant Spankie, Q. S.; Serjeant Bompas, who, however, quailed not under his looks. S. L. ; Serjeant Goulburn, S. L ; and Ser. On the first course, so equally matched were jeant Talfourd, S. L. On the other side-The the champions, that no positive advantage Attorney General; Mr. Thesiger, Q. C.; Mr. I could be said to be gained by either side. The Erle, Q. C.; Mr. Kelly, Q. C.; and Mr. Jer- plume of Mr. Kelly was carried away, and vis, Q. C.
Serjeant Boinpas's helmet was unluced by the The appointed day having arrived, the rules force of the shock; but on the second course laid down by the books, and recapitulated by a decided advantage appeared in favour of the the great coinmentator, were strictly pursued. Queen's Counsel. The Attorney General, with On one side of the lists a Court was erected for great dexterity, while in full career, altered the the Judges of the Court of Common Pleas, posture of his lance; and instead of charging who attended in their scarlet robes, and a bar at Serjeant Spankie's shield, attempted the was prepared for the learned Serjeants at Law more difficult point of his helmet.
He was and Queen’s Counsel, not selecteil as cham completely successful—the Serjeant was pions. The Court sat at sun-rising, at least borsell, and was carried out of the lists. as soon as it was considered by the light that Equally fortunate was Mr. Erle, who' fairly the sun had risen ; as during the last two lifted Serjeant Boinpas from his saddle. Nevermonths it has hardly been seen at all. Pro- theless he fell on his feet, and would have reclamation was then made for the parties, and newed the fight. The inarshals, however, intertheir champions, who were introduced by two fered, and adjudged him conquered. The knighis, namely, Sir. F. Palgrave and Sir H. contest between Serjeant Goulburn and Mr. Nicolas, both skilled in legal antiquities. The Jervis was more equal; the activity displayed champions were dressed in a coai of armour, by the latter being a counterpoise for the with red sandals, bare legged from the knee heavier metal of the former. In the charye downwards, bareheaded, and with bare arms neither was unhorsed, but Mr. Jervis losing his to the elbows. Some doubt arose as to what stirrup by the force of the recoil, anıl bis horse weapons should be used, a but after much dis- swerving at the time, was so closely pressed cussion it was determined by the Judges that by the blue knight, that he lost his lance and each chainpion should be furnished with a was thus required by the marshals to give io. lance and shield, but no sword. Thus arined, In the other two encounters, those between the these great and mighty knights took every man Solicitor-General and Mr. Thesiger, Serjeant bis adversary by the hand, and inade the pre. Talfourd and Mr. Kelly, no advantage was scribed oath against sorcery and enchantment, gained by either side on the second course. in the following forın :"Hear this, ye jus. The trumpets now sounded for the third tices, that I bave this day neither eai, drank, charge, when, leaving the combat with his fornor have upon mne neither bone, stone, ne iner antagonist undecided, and finding the leader grass, nor any enchantment, sorcery, or witch- of the adverse host without any opponent, the craft, whereby the law of Go:l may be abated, Solicitor-General with the utmost boldness rude or the law of the devil exaltedl." Each party full charge against the Attorney. General.then retired to the end of the lists, where their On seeing this, the other combatants withdrew faithful squires attended with their chargers. on either side, willing, apparently, to allow this They then put on their helinets, mounted, and combat to decide the fate of the day, as they waited for the word of onslaught. The lists naturally looked up to their leaders as the most were kept by a select party of javelin meu, and renowned champion of their side. the heralds now bad the trumpets, who were were soon directed to them, and the interesi of borought special from the Northern Circuit, the spectators became intense. The Attorney10 sound a charge, having first gone the round General, however, did not immediately perceive crying the usual cry, largesse, lurgesse,” the intention of the Solicitor, and fruin illis cir(a strictly legal expression) which was hand. cumstance was not prepared for his full career.
The consequence was that he was unhorsed, b See the description at length, 3 Com. p. and the heralds proclaimed the Solicitors
General the victor of the day. c 3 Bla. Com. 339.
At this moment, howerer, a tri.mpet was
IN THE LAST SRSSION OF PARLIAMENT.
Practical Points.—Changes in the Law.
163 heard at a distance, and an unknown knight, was annulled, in consequence of an agreement clothed from head to foot in black armour, between the bankrupt and his creditors, the with his vizor down, entered the lists, and latter consenting to receive a composition of signified to the heralds bis desire to engage len shillings in the pound, I am of opinion the successful champion. He declined to give that such an agreeinent between the bankrupt bis name, but entered himself in the books and his creditors cannot affect the rights of of the heralds simply as Desilichudo-the dis- other persons who are not parties to the arinherited knight bearing ou his shield as a de rangement, the bankrupt not being positive vice, what seeined a tree, brush, or besom that the issuing of a commission shall ensure plucked up by the roots. The Solicitor-Ge. as a complete discharge of the indentures neral, although not in strictness bound to ac- whereby an apprentice is bound to a bankrupt. cept this new challenge, declined to avail him. This is not a case in which I can order a referself of this excuse, and bail the black knight to ence to settle the compensation to be paid by come on and du his best. That doughty warrior, the master of the apprentice; for under the evidently, one accustomed to battle, of lofty circumstances, I am at a loss to know what stature and sinewy frame, applied himself with compensation he could be entitled to. I think, vigour to the contest. The trumpets again however, that he should have the costs of the sounded a charge, and both knights rushed application.” Allen v. Coster, 1 Bea. 274. like lightning to the centre of the lists, but wearied with his several contests, thie SolicitorGeneral was no fit opponent to the disinherited knight, and he was unhorsed, though not with discredit. The black knight thereupon calling
CHANGES IN THE LAW for a bowl of wine, and gracefully lowering liis lance to the judges, opened the lower part of
No. XIX. his vizor, and drank “No Monopoly,” then closing his vizor, rode out of the lists unattend. ed, nor is it known to this day who he is. The result of this famous passage of arms is
2 & 3 Vict., c. 81. to leave matters pretty much as they were ;
An Act to authorize for one year, and from the judges being of opinion, that although the thence to the end of the then next session of Solicitor-General might have declined the Parliament, the applicution of a portion of challenge of the unknown knight, yet having the Highuuy Rutes to Turnpike Roads in accepted it, and having been unborsed, he can
[24th August 1839. not be deeined the victor of the day. The coue 1. 58.6 W. 4, c. 50. Justices to inquire at sequence will be, as far as we can learn, that special sessions for highways into the revenues the question must still be decided by the Court and condition of the repairs of turnpike roads, of Commou Pleas.
and if necessary, to apportion a part of the highway rate to the trustees of any turnpike road.—Whereas an act was passed in the fifth
and sixth years of his late Majesty, intituled PRACTICAL POINTS OF GENERAL
“An Act to consolidate and amend the Laws INTEREST.
relating to Highways in that part of Great Britain called England,” whereby divers sta
tutes passed in the reign of his late Majesty The following case decides a new point, as King George the third, relating to the perWe believe.
formance of statute duty, were repealed, and A fiat of bankruptcy issued against the mass statute duty was thereby altogether abolished: ter of an apprentice, but was afterwards And whereas the revenues of soine turnpike annulled, by means of a composition ben roads are so unequal to the charge and maintween the bankrupt and his creditors; and tenance of such roads, after paying the interit was held that the indentures of apprentice- est and principal of the sums due upon mortship were discharged. The Master of the gage of the tolls thereof, when deprived of the Rolls said: “I inust order the indentures to be aid heretofore derived from statute duty, that delivered up to the guardian. It is not neces- it is necessary that some additional provision sary for ine to decide whether any indentures be inase for such roads for a linnited period : of appreuticeship could, under the circun- Be it therefore enacted by the Queen's inost exstances in this case, be sustained, for I am of cellent Majesty, by and with the advice and conopinion, that if the indentures of apprentice- sent of the Lords spiritual and temporal, and ship were originally valid, they becaine annulled commons, in this present Parliament assembled, by the issuing of the fiat in bankruptcy. I do and by the authority of the same, that it shall not say, that in every case where a fiat is after- be lawful for the justices at any special sessions wards anmulled, the indentures of apprentice for the highways holden after the passing of slip remain invalid, for I can conceive many this act, upon information exhibited before Cases in which the fiat may bave been im-them by the clerk or treasurer of any turnpike properly taken out, and afterwards annulled, trust that the funds of the said trust are wholly and in such a case, the Court would put the insufficient for the repair of the turnpike road parties in the same situation as they were in within any parish, (notice in writing of such before the issuing of the fiat. Here the fiat intended information having been previously
164 Examination of Applicants for Admission as Solicitors in Chancery. given on the part of such clerk or treasurer | Provided always, that in case there shall not to the parish surveyor twenty-one days at least he time to give such notice as aforesaid before before such special sessions,) to examine the the next sessions to be holden after such orstate of the revennes and debis of such turn- der, determination, or judgment, then and in pike trust, and to inquire into the state and every such case such appeal may be made to con lition of the repairs of the roads within the the justices at the next following sessions, who same, and also to ascertain the length of the shall proceed to determine such appeal in roails including turnpike roads within such manner aforesaid : Provided always, tbat it parish, and how inuch of such road is turnpike shall not be lawful for the appellant to be road; and if after such examination it shall heard in support of such appeal unless such appear to the said justices necessary or expe. notice and statement shall have been so given dient for the purposes of any turnpike road so as aforesaid, nor on the hearing of such appeal to do, then to adjudge and order what portion to go into or give evidence of any other grounds (if any) of the rate or assessment levied or to of appeal than those set forth in such statebe levied by virtue of the said reciteil act shall ment as aforesaid. be paid by the said parish surveyor, and at 5. Limitation of act.-And be it enacted, what time or times, to the said commissioners that this act shall extend only to England. or trustees, or to their treasurer or other ofö- 6. Act may be amended. And be it enacted, cer appointed by them in that behalf; such that this act may be annenderl or repealed by money to be wholly laid out in the actual re- any act to be passed during the present session pair of such part of such turnpike road as lies of Parliament. within the parish from which it was received. 7. Term of act.--And be it enacted, that
2. If surveyor refuse to pay over rate or as- this act shall continue and be in force for one sessment, the same to be levied on his goods and year from the passing hereof, and from thence chattels.—And be it enacteil, that if any such intil the end of the then next session of Parparish surveyor shall refuse or neglect to pay liament. over such portion of the said rate or assessment at the time or times and in the inanner men. tioned in the order of the said justices, the
EXAMINATION OF APPLICANTS FOR same shall and may be levied upon the gooils and challels of such surveyor, in such manner
ADMISSION AS SOLICITORS IN as penalties and forfeitures are by the said
CHANCERY. reeited act authorised to be levied.
4. Power of appeul.- Provided always, and The following notices of examination and be it enacted, that if any person shall think himself aggrieved by any order, judgment, or admission in chancery baving been given for determination made, or by any matter or thing next term, it may be useful to extract from done by any justices of the peace at any spe. the order of the Master of the Rolls, dated the cial sessions in pursuance of this act, such person shall be at liberty to make his complaint
27th July 1836, the directions relating to the thereof by appeal to the justices of the peace course to be pursued. at the next general or quarter sessions of the
That every person who has not previously peace to be held for the county, division or been adinitted' an attorney as aforesaida shali, place wherein the cause of such complaint before be be admitted to take the oath required shall arise, such appellant first giving to such to be taken by persons applying to be admitjustices ten days notice in writing of such apted as solicitors as aforesaid, undergo an expeal, together with a statement in writing of amination touching bis fitness and capacity to the grounds of such appeal, within six days act as a solicitor of the said Court of Chanafter such order, judgment, or determination cery; and that four of the suorn clerks of the shall be so made or given as aforesaid, who Court of Chancery, and twelve solicitors of the are hereby required, within forty-eight hours same Cout, to be appointed by the Master of after the receipt of such notice, to return all the Rolls, on the twenty-eightli day of July in proceedings whatever had before them respec. this present year, and on the first day of Easter tively touching the matter of such appeal :0 Terin in every succeeding ycar, shall be exam. the said justices at their general or quarter iners for the purpose ot examining and inqui. sessions aforesaid; and that in case of such ring touching the fitness and capacity of every appeal the said justices at the said quarter ses such applicant for admission as a solicitor; sions, upon due proof of such notice and and that any five of the said examiners (one siateinent having been given as aforesaid, shall whereof to be one of such sworo clerks) shall lear and determine such appeal; and the said be competent to conduct the examination of justices at the said quarter sessions shall have such applicant; and that one of the masters in power to award such costs to the parties ap: ordinary of the said Court of Chancery shall pealing or appealed against as they the said be present and preside at the said examination, justices shall think proper, such costs to be and shall, or shall not, take part in the said levied and recovered in the same manner as examination, as he shall in his discretion think any penalties or forfeitures are recoverable fit; and that, if the said examiners, or the maunder the said recited act; and no proceeding to be laid or liken in pursuance of this act a Referring to the Superior Courts of Comsirall be quashed or vacated for want of form : mon Law.