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Cause Lists, Easter Term, 1840.


Cooper v. Hewson, stands over

Chambers v. Bircham Wood v. Wood, do, to amend

Same v. Same

suits Knight v. Marquis of Waterford, part heard.— Smyth v. Chambers, stands over to amend

Stands over till sittings after term. Ackland v. Braddick-rehearing first day Chief
Campbell v. Dickens original and supplemental Baron hears causes.
Same v. Appleford suits.

Waddilove v. Bush, stands over
Stands over with liberty to amend.

Cater v. Masterman, part heard
Minerbi v. Brown

(Original Publication not passed. Roe v. Peachey

Wetherell v. Bellwood and rePeachy v. Roe

Dresser v. Same

vived Blanchard v. Pedder Barnard v. Porch

cause. Taylor v. Howard Same v. Cock

Wetherell v. Weighill
Templer v. Miller
Curlew v. Linley

Dresser v. Same

Janaway v. Middleton
Foley v. Carlon

Same v. Wigglesworth
Turner v. Lloyd
Nutt v. Grizle

Cory v. Wilkins-Original and
Daniel v. Bishop
Williams r. Daris

supplemental cause
Ferrand v. Stott
Tbomas v. Saunders

Harrison v Preston
Whittaker v. Whittaker
Fysh v. Cockle

Stott v. Stott
Bellamy v. Vincent
Bainbrigge v. Blair

Cosier v. Rosser
Turnbull v. Walton
Walsh v. Ball

March v, March
Hatch v, Ball, abated
Jones v. Morgan

Mayor of London v. Combe
Parker v. Alcock, ditto
Jobson v. Deering

Tull v. Owen
Rowlandson v. Beck
Small v. Attwood

Cos teher v. Horrox, abated
Spencer v. Spencer
Lewis v. Adams

Burrows v. Greenwood
Macdonald v. Dance
Bishop v. Peddle

Brayley v. Bywater
Att. Gen. v. Lord Newborough Hall v. Gregory

Toplis v. Ponder Heyde
Dawson v. Lord Keith
Watson v. Churchill

Ringer v. Blake
Benson v. Smith
Lucy v. Boulter

Connell v. Hall
Craik v. Lamb

Queen's Bench.

Berkshire-The Queen v. Trustees of Hurley Roads CROWN PAPER.

Norfolk-The Queen v. Inhabitants of East Winch

Surrey-The Queen v. The Steward of Richmond Easter Term, 1840.

Manor Carnarvon—The Queen v. Stephen Jones

Northumberland – The Queen v. The Inhabitants Surrey-- The Queen v. Richard Sterry and another

of Newburn Durham-The Queen v. Walter Featherstonbaugh Durham — The Queen v. Anthony Todd and others Exeter—The Queen v. Edw. Mc Gowan, as Mayor Lancashire - The Queen v. The Inhabitants of The Queen v. Same, as Alderman

Preston Staffordshire-The Queen v. Charles Dudley Nottinghamshire-The Queen v. William Robinson Devon-The Queen v. Inhabitants of Exminster Middlesex-The Queen v. The Inhabitants of KenDurbam - The Queen v. John Marquis

sington Lancashire-The Queen v. Churchwardens of Man. Cheshire-The Queen v. The Inhabitants of Hurdschester

field Durbam—The Queen v. Inhabitants of Middleton Derby—The Queen v. The Inhabitants of the in Teesdale

County of Derby
Bridgwater—The Queen v. Matthew Paramore
Yorkshire—The Queen v. Inhabitants of Raven-

Nottinghamshire-The Queen v. George Kelk

London—The Queen v. Thomas Wilson

In Easter Term, 1840.
Same v. Same
Yorkshire-The Queen v. Inhabitants of Darton

Lord Abinger.
Surrey—The Queen v. John Hunt

Wednesday Apr. 15 Petitions and Motions. Cambridgeshire—The Queen v. Rich. Eaton & an.

Thursday 16 Causes. England—The Queen 1. Eastera Counties Railway

Tuesday 28 Petitions and Motions.

Mr. Baron Alderson.
Durham – The Queen v. James Colbeck and others
Cheshire—The Queen v. William Axon

Short Petitions, Motions, Lancashire-The Queen v. Richard Gonld

Thursday 30

and any business which The Cueen v. Thomas Hardcastle

will not occupy much Merionethshire-The Queen v. Richard Thomas

tiune. Cambridgeshire--The Queen v. The Mayor, &c. of

Lord Abinger.

Pleas, Demurrers, ExcepWarwickshire—The Queen v. The Inhabitants of Friday May

1 tions, and Further Di. Fenny Compton

rections. Ipswich-The Queen ý. The Inhabitants of St.


2 Causes. Clement

Tuesday 5 Petitions and Motions. Dorsetshire-The Queen v. The Trustees of Harn

Pleas, Demurrers, Excepham Roads

9 Yorkshire-The Queen v. The Inhabitants of Mel- Saturday

tions, and Further Di.

rections. sonby Middlesex-The Queen v. James Bolton

Monday 11 Petitions and Motions.

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Court of Queen's Bench.-List of Law Bills in Parliament.-- Editor's Letter Bor.

cept Murder.

LIST OF LAW BILLS IN PARLIA- | Summary Jurisdiction to Justices in certain MENT, WITH NOTES.

cases of Seduction, and breach of promise of Marriage.

Mr. W. Miles.

Metropolitan Police Courts.
Royal Assent.

[For second reading.)

To abolish capital punishment in all cases ex14th April, 1840.

Mr. Kelly. Publication of Parliamentary Papers.

To amerid 7 W.4, & 1 Vict. for regulating atNewton Abbott Sınall Debt Court.

torneys and solicitors in Ireland.

Solicitor General for Ireland.

For the further amendment of the Poor Law. House of Lords.

[For second reading.] Copyholds Enfranchisement. Ld. Broughar..

For the improvement of Grammar Schools. [In Select Committee.]

[In Committee.] For facilitating the Administration of Justice. REMOVAL OF COURTS FROM WESTMINSTER.

[For second reading.] Lord Chancellor. Petitions for the Removal of the Courts For The coinmutation of Manorial Rights from Westininster to a more convenient situa

(For second reading.] Lord Redesdale. tion, have been presented from Barkston Ash Sinall Debts Court.

Rugby, Reading, Worcester. (Passed.] Vagrants’ Removal.

The House has adjourned till Wed. [For third reading.)

nesday the 29th April. To amend the Tithes Coinmutation Act. [In Committee.)

THE EDITOR'S LETTER BOX. Frivolous Suits Act ainendment, touching costs. (In Committee.]

Lord Deninan. Rated Inhabitants Evidence.

Our nineteenth volume will close with the [For third reading.]

present month, and will comprise a Digested To augment the Maintenance of the poor Index to the Cases reported in this Volume, Clergy. [For second reading.) with Title Page, Table of Contents, and Gene

ral Index. Bills pissed.

On the completion the next volume tre For defining the powers of the Metropolitan shall publish a copious Index to the whole

Police Justices. Marquis of Norinanby. work, --comprising a period of ten years, during For giving Summary Protection to the public which more important changes have been efcation of Parliaineutary Papers.

fected in the law than in any previous century. Newton Abbott Small Debis Court.

A correspondent enquires whether subpænas

should be tested in terin, or whether they may House of Commons.

be tested on the day on which they are isTo amend the Law of Copyright.

sued. [In Committee.] Mr. Serjt. Talfourd. We presume that "Vindex,” who complains To improve the High Court of Admiralty.

of the mechanical part of his occupation, is [For second reading.)

capable of bigher things : we therefore reTo extend the Terın of Copyright in Designs commend him to write more at large on the of woven Fabrics. Mr. E. Tennant. subject of the respective duties of solicitors and [In Committee.)

their articled clerks. To carry into effect the Recommendation of The cominunication on estates pur autre vie the Ecclesiastical Commissioners.

shall be inserted. [In Comınittee.] Lord J. Russell. The letters relating to Powers coupled with To extend Freemen and Burgesses' Right of Interest, and the Re-admission of Attorneys, Election.

Mr. F. Kelly. are under consideration. Drainage of Lands.

Mr. Handley.

We again beg to remind our Querists that [lon Committee.]

they should exert their own abilities before To amend ihe County Constabulary Act.

calling on others.

Mr. F. Maule. The subject of the Law of Marriage within To amend the Laws of Turnpike Trusts, and the probibited degrees of affinity, which we to allow Unions.

Mr. Mackinnon. fully noticed in January last, shall be resumed Prisons Act Amendment.

in an early number. (For third reading.)

We have no less than three correspondents, To consolidate and amend the Law of Sewers. rejoicing in the name of “ Civis : " perhaps [In Cominittee.]

they will each assume some distinctive addi. Small Debts Court for

tion. Aston, Tavistock,

“A Constant Reader" and A. C. shall be Liverpool, Wakefield Manor.

attended to. Marylebone,

We regret the delay in noticing some new Summary Conviction of Juvenile Offenders. and valuable works, but hope soon to attend to [In Committee.]

Sir E. Wilmot. them.

The Legal observer.


Quod magis ad nos
Pertinet, et nescire malum est, agitamus.



and was, I believe, eminent in his line. He was a shortish, fat man, with a ruddy counte

nance, which always shone as if besmeared The ordinary biography of Sir Samuel with grease ; a large wig, which sat loose upon Romilly—his birth—his professional and his head, his eyes constantly half shut and

all his motions slow and deliberate; public honours—his labours for the benefit and his words slobbered out as if he had not of mankind,—have long been familiar to the exertion enough to articulate. His dark and public; but we have now a the advantage of gloomy house was full of dusty papers and vo. possessing his own account, not only of his luminous parchment deeds, and in his meagre life — his professional struggles- his political library, I did not see a single volume which I career—but his private reflections, written should not have been deterred by its external down at the time,-his thoughts, his feel appearance from opening. The idea of a ings, his opinions on all he passed through my mind, that I looked upon the profession

lawyer and Mr. Liddel were so identified in in his eventful life. For these, as a whole, with disgust, and entreated my father to think we can only refer our readers to the volumes of any way of life for me but that, and accordthemselves, and a source of great and in- ingly all thoughts of my being an attorney structive pleasure they will find them ; but i were given up, as well by my father as myself.” we cannot resist putting down some of the A year or two after, however, the idea early incidents in his life, as the best en- was revived, and he was placed in the Six couragement to our younger readers to per- Clerks' Office. severe in the right course, and to prove to

At the age of 16, I was articled to Mr. them, that if steadily pursued, it leads to ". Michael Lally, one of the Sworn Clerks in final success.

Chancery, for a period of five years. The preSamuel Romilly was born in 1757, of judice which Mr. Liddel had inspired me with respectable, amiable, and religious parents, against all lawyers, had been before this time but neither rich nor great, his father being removed, but if any vestige of it had remained, a jeweller. In his first memoir, he gives a

it inust have yielded to the temper and manner

of Mr. Lally.” particular account of his early home, his relations, companions, and family servants

He works on in the Six Clerks' Office, He was nearly self-educated, having a pas. and goes through all its drudgery very sion for books, and was soon destined for cheerfully; but his pleasures and hopes were the law. His father endeavoured to give still chiefly literary. By degrees, however, him a favourable opinion of the way of life a taste for the profession began to arise, of an attorney :

although he had completed his twenty-first

year before he entered himself of Gray's Inn, “But unfortunately for the success of his plan, there was one attorney, and only one,

* And took there a pleasant set of chambers, among his acquaintance, a certain Mr. Liddel, arranged my little collection of bovks about who lived in 'Threadneedle Street, in the City, ine, and began with great ardour the painful

study of the law. My good friend Lally ad. a Memoirs of the Life of Sir Samuel · Ro- vised me to become the pupil of some Chanmilly, written by himself, with Selections cery draftsman for a couple of years, and for from his Correspondence. Édited by his Sons. reading under his direction and with his assist

the first year to confine myself merely to In 3 vols. 1840. VOL XIX.--.No. 586.

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This advice I followed, and placed me than the jokes which he excited on the myself under the guidance of Mr. Spranger. circuit. His appearance was singular and I was the only pupil he ever had, and indeed puritanical, and the first day he was seen on liis drawing business was hardly sufficient to circuit he was named by the young men upon give employment even to a single pupil; I did it " the Quaker;" an appellation by which noi, however, repent of the step i bad taken. he was always afterwards known. It is not I passed all my mornings and part of most of easy to give an idea of the great familiarity the evenings at his house ; he had a good which existed among the young men who library, which I bad the use of; he directed my went the circuit, of the strong disposition reading ; he explained what I did not under, to turn things into ridicule which prevailetl, stand; he reinoved many of the difficulties I and bow very formidable that ridicule was. met with, and what was of no sinall advantage To all his defects Bickers added that of someto me, I formed a lasting friendship with this times getting drunk; and be has often made very kind-hearted and excellent man, who was me pass very unpleasant hours, under the apuniversally esteemed. As I read I formed a prehension that, balf-elevated with liquor, and common-place book, which has been of great half inspired with the spirit of methodism use to me, even to the present day. It is indeed which possessed him, he would say or do the only way in which law reports can be read something which would afford an inexbauswithi inuch advantage."

cible fund of mirth to the whole circuit." He continued, however, his miscellaneous His keeping Bickers, which he did till reading, but his main occupation was his the day of his death, is strongly characterprofession.

istic of Romilly's kindness of heart. His “We used to meet at night at each other's progress, both in London and on the cir. chambers to read some of the classics, par- cuit, however, was slow. At the end of tieularly Tacitus, in whom we (Romilly and an his sixth or seventh circuit he had made intimate friend, John Baynes) both took great no progress. delight, and we formed a little society to which we admitted only two other persons, Holroyd the briefs I had had were delivered to me by

“I had indeed been in a few eauses, but all and Christian, for arguing points of law upon London attorneys who had seen my face in questions which we suggested in turn, one argued on each side as counsel, the other two London, and who happened to be strangers to acted the part of judges, and were obliged to

the juniors on the circuit. They afforded me give at length the reason of their decisions, -an

no opportunity of displaying any talents if I exercise which was certainly very useful to all.” had possessed them, and they led to nothing.

I might have continued thus a mere spectator of In Easter Term, 1783, he was called to the business done by others, quite to the end of the bar.

the sixteen years which elupsed before I girre By Michaelmas Term I had returned to up my part of the circuit, it I had not resolved, business, or rather to attend the courts and to though it was very inconvenient on account of receive such business as accident might throw the business I began to get in London, to at

I found this in my way. I had endeavoured to draw tend the quarter sessions. chancery pleadings before I was called to the experiment very successful. I had not atbar, as an introduction to business when i tended many sessions before I was in all the should be called. In that way, however, the business there. This naturally led to business Occupation I got under the bar was very in- at the assizes, and I had obtained a larger considerable, but soon after I was adınitted to portion of it than any inan upon the circuit, the bar I was employed to draw pleadings in


my occupations in London forced me several cases.

This species of employment altogether to relinquish it :-this, however, was went on very gradually increasing for several at a period long subsequent,” not until sixyears, during which I was occupied in the way

teen years' trial, as he has already said. of my profession, I had scarely once occasion

Having thus traced the commencement to open my lips in Court."

of his professional fame and fortune, our In 1784 he commenced going the Mid-readers may easily pursue his career, but land Circuit, and describes the leaders and we cannot close this notice without transjuniors in business, and also his own clerk cribing the following passage from bis diary, named Bickers, who was the husband of an written nearly at the close of his life, in old servant, and whom he employed out of 1817, with the highest professional prose charity.

pects in view :“I certainly suffered during several years “ The labours of my profession, great as for my good nature. He could ride, and he they are, yet leave me soine leisure both for could'stand behind my chair at dinner ; but domestic and even for literary enjoyments. In this was almost all he could do; and though I these enjoyments, in the retirement of my rometimes employed him to copy papers for study, in the bosom of my family, in the alme, he wrote very ill, and made a thousandfections of my relations, in the kindness of faults of spelling. The want of proper attend. my friends, in the good will of my fellow auce, however, was far less disagreeable to citizens, in the uncourted popularity which!


Sir Samuel Romilly.- Practical Points of General Interest.- New Books. 499 know that I enjoy, I find all the good that that he could not consent to grant a rule human life can supply; and I am not, whatever on the subject. Lyons v. De Pass, 9 C. & others may think of me, so blinded by a pre- P. 74. posterous ambition as to wish to change or even to risk

“ These sacred and homefelt delights,

This sober certainty of waking bliss,” By stat. 6 Geo. 4, c. 16, s 80, it is enfor the pomp and parade and splended reacted, that if any bankrupt shall have any straints of oflice; for the homage and applause government stock standing in his name of of devoted but interested dependents; for that his own right, the Commissioners may, by admiration which the splendour of a high writing under their hands, order all persons station, by whomsoever possessed, is always whose act is necessary, to transfer the same certain to command, and for a much larger, into the name of the assignees, and to pay but a precarious income, which must bring with it the necessity of a much larger expense.

all dividends upon the same to such assigThe highest office and the greatest dignity the pees.

And where stock is purchased by a crown has to bestow miglit make ine miser- bankrupt for the purpose of defrauding his able: it is impossible that it could render me creditors in a fictitious name, on a bill being happier than I already ain."

filed by the assignecs, the Court of Exchequer will order the Bank to erase from their

books the fictitious name, and insert that of PRACTICAL POINTS OF GENERAL the bankrupt. The following was the form INTEREST.

of the decree: “Declare that the sum of

b., stock standing in the Bank books

is the property of the bankrupt, and ought MARKET OVERT.

to have been invested in his name, but that

it was invested in the name of Thomas Tue general rule of law is, that all sales and Rowe, who was a fictitious person, and let contracts of anything vendible in fairs and the name of Thomas Rowe be erased, and market overt (that is open) shall not only that of Barnard Angle be inserted." Green be good between the parties, but also be

v. The Bank of England, 3 Yo. & Col. 722. binding on all those that have any right or property therein.

Market overt, in the country is only held on special days, provided for particular towns by charter or pre

NOTICES OF NEW BOOKS. scription; but in London every day, except Points in the Law of Discovery. By James Sunday, is a market day. The market place Points in the Law of Discovery. By James or spot of ground set apart by custom for the

Wigram, Esq. one of Her Majesty's

Counsel. Second Edition, London ; sale of particular goods, is also, in the coun

A. Maxwell. try, the only market overt; but in London, every shop in which goods are exposed publicly This work, as announced on the title page, to sale, is market overt for such things only as is not a complete work on the Law of Disthe owner professes to trade in, 2 Bla. Com. covery as administered in Courts of Equity, 449. And it has been recently held, that but a treatise confined to certain important a sale of goods, being those in which he

· Points," which are set forth in the folusually deals, made to a tradesman in his lowing propositions : warehouse or shop in the city of London, is “1. The pleadings in a cause, and rules of a sale in market overt, notwithstanding the practice, unconnected with the laws of disconstruction of the premises be such that a covery, determine a priori what question or person from the outside cannot see what questions in the cause shall first coine on for

trial. And the right of a plaintiff' to discovery is going on within. Littledale, J., said, is in all cases contined to the question or questhat (referring to the rule as laid down by tions in the cause, which, according to the Blackstone from 5 Coke, 85) in his opinion, pleadings and practice of the Courts, is or are the circumstance of the alteration in the about to come on for trial. shops of London in which glazed windows 2. It is the right, as a general rule, of a were substituted for open fronts, did not plaintiff in equity to exact from the defendant render a sale in such shops less a sale in a discovery upon oath as to all matters of fact, market overt than it would have been if which, being well pleaded in the bill, are mathey had continued in their former state ; for trial, and which the defendant does not by

terial to the plaintiff's case about to come on and Coleridge, J., said that it would, in his his form of pleading admit. opinion, be productive of so much mischief “3. The right of a plaintiff in equity to the to have the law on the subject questioned benefit of the defendant's oath, is limited to a

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