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Wine Merchant. Alsager, Off. Ass.; Sawyer, | Fiddian, Frederick William, Birmingham, Archi-
Bow Lane, Cheapside. April 7.

Butt, Edward Herbert, Cheltenham, Gloucester,
Innkeeper. Murrays & Co., Chancery Lane.
April 7.

Bradbury, James, late of Edgbaston, Warwick,
and of Birmingham, Druggist and Grocer.
Rickards & Co., Lincoln's Inn Fields; Fuster,
Wolverhampton. April 7 and 14.
Battley, William, Sunderland near the Sea, Dur-
ham, Merchant Tailor and Haberdasher. Ni-
cholls & Co., Cook's Court, Lincoln's Inn;;
Thomas, Durham. April 10.

Barlow, Jolin, St. Helen's, Lancaster, Grocer.
Adlington & Co., Bedford Row; Johnson, St.
Helen's. April 10.

Bulley, William Wilking, Liverpool, Merebant.
Chester, Staple Inn; Morecroft & Co., Liver-
pool. April 14.

Buck, Edward Bowker, Bingham, Nottingham,
Druggist. Johnson & Co., Temple; Bowley,
Nottingham. April 17.

Bilsborrow, William, Kirkdale, near Liverpool,
Innkeeper. Payne, Liverpool; Vincent & Co.,
London. April 17.

Blayney, John, Chester, Stone and Marble Mason.
Faulkner, Chester. April 17.
Cocker, James, Barnsley, York, Dyer. Butterfield

& Co., Gray's Inn Square; Keir or Mence,
Barnsley. March 24.

Cooke, Elizabeth, Market Harborough, Leicester,
and also of Northampton, Hatter. Clarke &
Co., Lincoln's Inn Fields; Higginbottom,
Ashton-under-Lyne. March 24.
Chappell, Samuel, Lawrence Lane, London, But-

cher. Groom, Off. Ass., Venning & Co., To-
kenhouse Yard. March 31.
Coulter, John Jordan, and Joseph May, Liverpool

Street, London, Glass Cutters. Alsager, Off.
Ass.; Leigh, George Street, Mansion Honse.
April 7.

Cox, John, Nottingham, Silk Throwster. Percy
& Co., Nottingham; Austen & Co., Raymond
Buildings. April 7.
Cleverley, Isaac, Flear Mills, East Allington, De-
von, Miller.
Haley, Kingsbridge, Devon;
Adlington & Co., Bedford Row. April 10.
Coltson, Charles, Pancras Lane, London, Wine
Merchant. Clark, Off. Ass.; Lloyd, Cheap-
side. April 14.

Clarance, John, and James Goddard Chaldecott,
Abchurch Yard, London, Coffee Dealers.
Graham, Off. Ass.; Chatfield & Co., Cornhill.
April 17.

Dale, Edward, Barnsley, York, Linen Manufac-
turer. Pocock & Co., Bartholomew Close;
Mence, Barnsley. March 27.

Dixon, Thomas, Preston, Lancaster, Flour Dealer.

Adlington & Co., Bedford Row; Winstanley & Co., Preston. April. 7.

Duff, John Rutherford, formerly of Galley Quay,

Lower Thames Street, London, Wharfinger,
and now of Clapham Road Place, Claphum
Road, Surrey. Groom, Off. Ass.; Bridges &
Co., Red Lion Square. April 14.
Epplestone, William, Stockport, Chester, Tailor,

Draper and Shopkeeper. Adlington & Co.,
Bedford Row; Chew or Messrs. Bennett, Man-
chester. April 14.

Egerton, Frederick, Birmingham, Wine and Spirit

Merchant. Chaplin, Gray's Inn Square; Har-
rison, Birmingham. April 14.

Field, John, Bennet Street, Westminster, Builder.
Gibson, Off. Ass. ; Pike, Old Burlington Street.
March 27,

tect and Dealer in Cement. Austen & Co.,
Raymond Buildings, Gray's Inn; Reece, Bir-
mingham. April 7.

Foord, James Hilton, Holywell, Flint, Banker.
Cox Co., Lincoln's Inn Fields; Oldfield,
Holywell. April 14.

Fletcher, William, late of Bradley, Bilston, Wol-
verhampton, Stafford, Grocer, but now of
Cann Lane, Sedgley, in the same county,
Maltster. Cupcs & Co., Bedford Row; Robin-
son, Wolverhampton. April 14.
Golcher, James, Darlaston, Stafford, Gun Lock
Manufacturer. Broughton, Falcon Square;
Bayliss, Wednesbury. March 24.
Green, John, Knightsbridge Terrace, Hyde Park,
Oilman. Johnson, Off. Ass.; Miller, Sack-
ville Street. March 27.

Griffin, John Alexander, Liverpool, Merchant.
Holden & Co., Liverpool; Taylor & Co.,
Bedford Row. March 27.

Goadsby, Francis, jun., Salford, Lancaster, Drug-
gist. Norris & Co., Bartlett's Buildings; Nor-
ris, Manchester. April 7.

Gibbs, John, Bedford Street, Covent Garden, Man-
Milliner. Gibson, Off. Ass.; Austin & Co.,
Wine Office Court, Fleet Street. April 14.
Gell, John, Salford, Lancaster, Currier. Johnson

& Co., Temple; Bowley, Nottingham. April 14.
Hatton, Robert, Liverpool, Woollen Draper and
Tailor. Parr, Liverpool; Adlington & Co.,
Bedford Row. March 24.

Hill, James, Wisbeach Saint Peters, Ely, Cam-
bridge, and Thomas Hill, Peterborough, North-
ampton, Merchants. Lawrance, Peterborough;
M'Leod & Co., London Street, Fenchurch
Street. March 24.

Hutchins, Silas Barnard, West Street, Walworth
Road, Newington, Surrey, Victualler. Gra-
ham, Off. Ass.; Marson & Co., Church Row,
Newington Butts. March 27.

Hodgetts, William, Birmingham, Bookseller and
Stationer. Weeks & Co., Cook's Court, Lin-
coln's Inn; Mole or Smith, Birmingham.
April 7.
Hardingham, Thomas, Lower George Street, Chel-
sea, Bricklayer and Builder. Cannan, Off.
Ass.; Druce & Co., Billiter Square. April 14.
Hill, Isaac, jun., Shepton Mallett, Somerset, Gro-

cer. Johnson, Off. Ass.; Stevens & Co., Queen
Street, Cheapside. April 14.

Hilton, William Legh, Holywell, Flint, Ranker.
Cox & Co., Lincoln's Inn Fields; Oldfield,
Holywell. April 14.

Hyde, Samuel, jun., and John Lawton, Stayley,
Mottram-in-Longendale, Chester, Cottou

Spinners. Clarke & Co., Lincoln's Inn Fields;
Higginbottom, Ashton-under-Lyne. April 14.
Harris, Robert, Leamington Priors, Warwick,
Auctioneer and Appraiser. Beavan & Co.,
Adelphi Terrace; Byrch, Evesham, Worces-
tershire. April 17.

Heaton, Rowland Hall, Bolton-le-Moors, Lancas
ter, Cotton Spinner and Timber Merchant.
Milne & Co., Temple; Taylor & Co., Bolton-
le-Moors. April 17.

Inglis, William, Little St. Thomas Apostle, Lon-
don, and of Well Street, East Smithfield,
Middlesex, Leather Factor. Clark, Off. Ass.;
Lowless & Co., Hatton Court, Threadneedle
Street. March 27.

Johns, Thomas Coke, Red Lion Court, Fleet Street,
London, Printer. Cannan, Off. Ass.; Hat-
chison, Crown Court, Threadneedle Strect.
March 27,

Bankrupts.

511

John, William, Bridgwater, Somerset, Hackney- | Nuttall, William, Manchester, Grocer and Banker.
Makinson & Co., Temple; Atkinson & Co.,
man. Pain & Co., Great Marlborough Street;
Manchester. April 10.
Lovibond, Bridgewater. April 7.
Jordan, Robert, Barnard Castle, Durham, Carpet
Manufacturer. Hutchinson, Barnard Castle;
Blake & Co., King's Road, Bedford Row.
April 7.

Jones, William, Lower Brook Street, Boarding
and Lodging House Keeper. Belcher, Off.
Ass.; Poole, South Square, Gray's Inn.
April 10.

King, David, Eltham, Kent, Surgeon and Apothe-
cary. Edwards, Off. Ass.; Cook & Co., New
Inn March 24.

King, James, Eton, Bucks, Clothier. Green, Off.
Ass.; Kennett & Co., Chatham Place, Black-
friars. April 7.

Lloyd, Leonard Wild. Richmond, Surrey, Hotel
Keeper, and of Lincoln's Inn Fields, Middle-
sex, Builder. Belcher, Off. Ass.; Aston & Co.,
New Broad Street. March 24.
Lodge, Jonathan, and Simon Lodge, Salford, Ald-

mondbury, York, Manufacturers of Fancy
Cloths. Lever, King's Road, Bedford Row;
Baker & Co., Huddersfield. April 3.
Laffer, Henry, Liverpool, Merchant and Tobacco

Manufacturer. Lowe & Co., Southampton
Buildings; North & Co., Liverpool. April 14.
Lambert, James, Monmouth, Draper. Surr, Lom-
bard Street; Whittington & Co., Bristol.
March 24.

Moulder, John, High Street, Vauxhall, Surrey,
Victualler. Pennell, Off. Ass.; Harpur, Ken-
nington Cross. March 27.
Mellows, Robert, Stockport, Chester, Grocer and
Bower & Co., Chancery
Provision Dealer.
Lane; Lingard & Co., Stockport. March 27.
Massey, Joseph, Habergham Eaves, near Burnley,
Lancaster, Worsted Spinner. Scott & Co.,
Lincoln's Inn Fields; Shaw & Co., Burnley.
March 27.

Martin, Samuel, Shoreditch, Grocer.

Abbott,

Off. Ass.; Sandom, Dunster Court, Mincing
Lane. April. 3.

Owen, William Purchase, Exeter, Wine and Spirit
Merchant. Turner, Exeter. March 27.

Onions, William Michael, West Bromwich, Staf-
ford, Ironfounder. Alban & Co., Lincoln's
Inn; Corser, Stourbridge. April 7.
Owen, Noah, Neath, Glamorgan, Grocer. Lake
& Co., Basinghall Street; Hargreaves, Neath.
April 14.

Palmer, Robert, and Frederick Palmer, Reading,
Berks, Coal Merchants, Slate and Salt Mer-
chants. Blandy, Reading; Adlington & Co.,
Bedford Row. March 24.

Prat, Samuel, Glastonbury, Somerset, Attorney
and Money Scrivener. Hope & Co., Wells;
Pulling & Co., Hare Court, Temple. March

24.

Pinkerton, John, High Street, Southwark, Glass
Cutter and Dealer in China and Earthenware.

Turquand, Off. Ass.; Williams & Co., Ely
Place. March 31.

Parrington, William, Leeds, York, Woollen Cloth
Manufacturer. Huslam & Co., Copthall Court;

Teale & Co., Leeds. March 31.

Perkins, William, Saint Woolos, Monmouth, Ship
Builder. Hall, New Boswell Court; Prothero.
& Co., Newport. April 3.

Payne, Thomas, Dolgelly, Merioneth, Auctioneer
and Builder. Lowe & Co, Southampton Build-
ings; Roberts, Carnarvon. April 10.
Pile, Edward Oley, Newcastle-upon-Tyne, Grocer
and Tobacconist. Meggison & Co., King's
Road, Bedford Row; Hoyle, Newcastle-upon-
Tyne. April 14.

Potts, James, Stoke-upon-Trent, Stafford, Grocer
and Baker. Price & Co., Lincoln's Inn Fields;
Bishop, Staffordshire Potteries. April 14.
Richards, Griffith, and Thomas Manwaring, Bridge
Road, Lambeth, Surrey, Linen and Woollen
Drapers and Hatters. Clark, Off. Ass.; Farrar
& Co., Godliman Street, Doctors' Commons.
March 31.

Meyer, John George, Baltic Coffee House, Thread-Raw, needle Street, London, Wool Broker.

John

son, Off. Ass.; Cox & Co., Pancras Lane.
April 7.
Markland, William, Bolton-le-Moors, Lancaster,
Ironfounder, Plumber and Shopkeeper. Ad-
lington & Co., Bedford Row; Lever, Bolton-
le-Moors. April 7.
Mosedale, William, Derby, Engine Manufacturer.
Smith, Chancery Lane. April 7.
Milner, Thomas, Stockton-upon-Tees, Durham,

Draper and Shopkeeper. Adlington & Co.,
Bedford Row; Chew, Manchester. April 7.
Manley, Thomas, jun., Atherton, Lancaster, Pa-
Smithson & Co.,
tent Nail Manufacturer.
Southampton Buildings; Thompson & Co.,
Manchester. April 7.

Mason, Thomas, West Bromwich, Stafford, Grocer.

George, Saint Helen's, Lancaster, Innkeeper.
Chester, Staple Inn; Ansdel', Saint Helen's.
April 10.

Ryland, John, jun., and William Chapman, Bir-
mingham, and George Manley Smith, of Bir-
mingham and Coventry, Mill and Press Ma-
kers. Swain & Co., Old Jewry; Whatley &
Co., Birmingham. April 17.

Sleep, Samuel, Altarnun, Cornwall, Linen Draper. Messrs. Little, Devonport; Messrs. Sole, Aldermanbury. March 24.

Symes, John Baker, and Francis Blanchard, Keinton Maudefield, Somerset, Tailors, Drapers and Hatters. Adlington & Co., Bedford Row ; James, Glastonbury. March 27.

Smith, John, Manchester, Commission Agent. Milne & Co., Temple; Slater & Co., Manches ter. March 31.

Taylor & Co., Bedford Row ; Arnold, Uttox-Scampton, Robert, Coventry, Grocer and Provision
eter. April 10.

Moody, Samuel, Leeds, York, Printer. Robinson
& Co., Essex Street, Strand; Middleton, Leeds.
April 10.
Monkhouse, William Cam, Aberystwith, Cardigan,
Wine Merchant and Brewer. Messrs. Evans,
Chepstow; Hughes & Co., Aberystwith or
Poole & Co., Gray's Inn Square. April 14.
Naylor, William Graham, High Street, Shadwell,
Middlesex, Tea Dealer and Grocer. Lacking-
ton, Off. Ass.; Simpson & Co., Austin Friars.
April 3.

Dealer. Beck, Ironmongers' Hall, Fenchurch Street. Troughton & Co., Coventry. April 3. Savage, Edward, Newcastle-upon-Tyne, Dealer in Marine Stores. Meggison & Co., King's Road, Bedford Row; Hoyle, Newcastle upon-Tyne. April 3.

Stone, William, and James Gibson, Bristol, Tailors. Jackson & Co., New Inn, Strand; Williams & Co., Bristol. April 7.

Stripling, John, Liverpool, Ship Chandler and Sail Maker. Avison & Co., Liverpool. Adlington & Co., Bedford Row. April 10.

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512

Bankrupts. Prices of Stocks.-The Editor's Letter Box.

Styles, Robert Poole, Banbury, Oxford, Chemist
and Druggist and Soda Water Manufacturer.
Cox & Co., Lincoln's Inn Fields; Walford &
Co., Banbury. April 10.

Seddon, Thomas, and George Seddon, Gray's Inn
Road, Cabinet Makers and Upholders. Clark,
Off. Ass.; Brown & Co., Mincing Lane. April

14.
Sydebotham, Charles, and William Sydebotham,
Liverpool, Ship and Anchor Smiths and Chain
Cable Manufacturers. Taylor & Co., Bedford
Row;
Lowndes & Co., or Davenport & Co.,.
Liverpool. April 14.
Smith, Betty, Southport, Lancaster, Boarding and
Lodging-house keeper. Johnson & Co., Tem-
ple; Messrs. Wood, Manchester. April 14.
Swift, James, Birmingham, Brass Candlestick
Maker and Founder. Newton & Co., South
Square Gray's lun; Smith, Birmingham.
April 17.

Tulloch, Donald, Duchess Street, Portland Place,
and of Adelphi Wharf, Strand, Coal Mer-
chant. Whitmore, Off. Ass.; Loveland, Sy-
mond's Inn. March 24.

Taylor, John, Willowholm, Carlisle, Cumberland,
Miller and Corn Merchant. Mounsey & Co.,
Staple Inn; Mounsey, Carlisle. March 27.
Tyler, Henry, and William Tyler, Dudley-port,
Stafford, Cement Manufacturers, and of
Nuneaton, Warwick, Iron Manufacturers.
Clarke & Co., Lincoln's Inn Fields; Bennett,
Wolverhampton. April 7.

Wilson, Samuel, and John Knight, Radford, Not
tingham, Builders. Fox & Co., Nottingham i
Campbell & Co., Essex Street. April 17.
Young, William Sawer, West Smithfield, London,
Banker. Abbott, Off. Ass.; Stevens & Co.,
Queen Street, Cheapside. March 24.
Young, Robert, Scarborough, York, Silk Mercer.
Messrs. Brace, Surrey Street, Strand; Page,
Scarborough. March 31.

Young, Richard, Wandsworth, Surrey, Builder.
Whitmore, Off. Ass.; Willis, Robert Street,
Chelsea. April 14.

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Long Annuities, expire 5th Jan. 1860 13 a
Annuities for 30 years, exp. 10th Oct. 1859 13
Ditto ditto
5th Jan. 1860 13
India Stock, div. 10 per Cent.
Ditto Bonds, 3 per Cent.

a

250 a 50

4 pm.

Vivian, John Robins, East Stonehouse, Devon, Dealer. Baron, Plymouth; Puole & Co., Gray's Inn Square. March 27. Weston, Thomas Cotton, Wem, Salop, Coal Mer-Ditto New Annuities div. 3 per Cent. chant. Pownall & Co., Staple Inn; Walmsley, 3 per Cent. Consols for Acct. 26th May 91 a § Waite, Samuel Farnley, Leeds, York, Cloth Manu-Exchequer Bills, 1000%. at 24d. facturer. Wilson, Southampton Street, Bloomsbury; Fiddey, Serjeant's Inn, Fleet Street; Payne & Co., Leeds; or, Barr & Co., Leeds. March 31.

Wem. March 27.

Wilson, James, Toxteth Park, Lancaster, Victual

ler and Excavator. Worthington & Co., Liverpool; Taylor & Co., Bedford Row. March 31. Worthington, Matthew, Ulverston Lancaster, Inn

keeper. Norris & Co., Bartlett's Buildings;
Pearson & Co., Ulverstone. April 3.
Wardlaw, James, and Mary Wardlow, Bankwood
Mill, Charlesworth, Glossop, Derby, Cotton
Spinners. Brackenbury, Manchester; Johnson
& Co., Temple. April 3.
Wilkinson, Charles John, Eye, Suffolk, Merchant
and Miller. Ling & Co., Bloomsbury Square;
Messrs. Cobbold, Ipswich. April 7.
Wright, William, Liverpool, Corn Merchant and
Factor. Taylor & Co., Bedford Row; Lowndes
& Co., Liverpool. April 7.
Wallbank, Charles, Birmingham, Metal Dealer.
Chaplin, Gray's Inn Square; Harrison, Bir-
mingham. April 10.

Wilson, Robert, Aldermanbury, London, Hosier
Lackington, Off. Ass.; Goddard, King Street,.
Cheapside. April 14.

Weatherby, Edward, Newmarket, Cambridge;
James Hilton Foord of Bondlondel, Carnar-

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THE EDITOR'S LETTER BOX.

The letters on the Construction of a Will; Stamps on a Bargain and Sale for a Year; the Regulations of the Inns of Court; and the Statute of Limitations, have been received.

The present number closes the nineteenth volume of our work; and we beg to announce that after the completion of our next volume, we intend publishing a complete Index, which will render the vast body of legal information contained in the twenty volumes easily accessible.

Several numbers of the work have been re

von; William Legh Hilton, Holywell, Flint.; printed, and imperfect sets may at present be completed.

Richard Addison, Preston, Lancaster and
Robert Gibson, Bolton-le-Sands, Lancaster,
Cotton Spinners and Bankers. Kay & Co.,
Manchester. April 14.
Wightman, Frederick Wilcockson, Bawtry, York,
Woollen and Linen Draper. Walker, Farni-
val's Inn; Blackburn, Leeds. April 14.

Persons having any of the following numbers may obtain the full price for them by applying to our publisher:-Numbers 330, 331, 338, 397.

DIGESTED INDEX

TO THE

CASES REPORTED IN VOLUME XIX.

ALIEN.

1. In an action of libel, the plaintiff declared, alleging the publication of a libel upon him in his character of dragoman or interpreter to the English Ambassador at Constantinople; the defendant pleaded that the plaintiff was an alien born, and was resident at Constantinople, and that he had never been naturalized or admitted a denizen in this kingdom: Held ill, on general demurrer. Pisani v. Lawson. Page 63 2. A devise of lands to English subjects, in trust to sell and invest the proceeds in the public funds, in trust for persons, some of whom were aliens: Held, upon a bill, to which the Attorney General was a party, that the Crown had no right, as against the aliens, over the lands, or the proceeds of the sale of them. De Hourmelin v. Shelden

APPEAL.

235

APPRENTICE.

An apprentice was injured by the act of A.'s servant. The master thereby not only altogether lost the services of his apprentice for a time, but the apprentice also, when able to return to work, became unfit to do the finer sorts of work in his master's business. Before the apprentice had quite recovered, the master brought his action against A. for the loss of the apprentice's services. Evidence was admitted to show how long the apprentice was likely to continue affected by the injury, and the judge left that as a matter for the consideration of the jury in estimating the damages : Held, that he was right in so doing. __ Hodsoll v. Stallebrass Page 215

ARBITRATION.

1. It is no ground for setting aside an award, that the arbitrator has directed the payment of a sum of money to be made on a Sunday, although it would be an answer to an application for an attachment, on the ground of the money not being paid on that day. Hobdell v. Miller

286

301

1. The statute 5 & 6 W. 4, c. 50, gives a party aggrieved by any order or conviction made, or any matter or thing done under that | act, an appeal to the sessions. F. was upon an 2. Where a party delays for four years after information by a parish surveyor, convicted by making an award before he applies for an two justices of an offence against that act. A attachment, the delay ought to be accounted party appealing must give notice to the person for on affidavit. Story v. Galley by whose act he is aggrieved. F. appealed against the conviction. He served a proper notice of appeal on the surveyor, and addressed a notice to both the convicting justices, but served it on one only: Held, that the parties by whose act he was aggrieved, were the convicting justices, and that the notice ought therefore to have been served on them, and as they were not joint officers, it ought to have been served on each of them. The Queen v. The Justices of Bedfordshire, in the matter of Foster 75

2. The Birmingham and Gloucester Railway Act requires that recognizances shall be entered into "forthwith" after notice of appeal: Held, that the meaning of the act is, that sureties shall be given within a reasonable time, and that nine days is too long without some reason being assigned for the delay. Queen v. Justices of Worcestershire

The

. 218 3. Where there is no caveat entered against enrolling a decree, a petition of appeal presented against it, and answered by the Lord Chancellor, and set down for hearing, deposit being paid, will not stop the enrolment, unless the party enrolling it has led the appellant to

believe he would not enrol it. But service of

the order for hearing the appeal, stops the enrolment. Dearman v. Wyche 211

VOL, XIX, No, 587.

3. An arbitrator has no power to order costs to be paid as between attorney and client, and if a provision ordering such costs to be paid, is so connected with other parts of the award that it cannot be rejected as an independent provision, the award is bad. Seckham v. Babb

ASSIGNMENT.

383

A. assigned to B. for valuable consideration, an annual sum granted to him, during pleasure of the grantors, as compensation for an office which 4. had held, and which was abolished by act of parliament, and due notice of the assignment was given to the grantors: Held, upon motion before the hearing of the cause, that the assignment was valid in equity as between B. and A.'s general creditors. Tunstull v. Boothby 380

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514

Digested Index to Cases reported.

given, the Court will not allow the effect of the notices to be extended to another term. Ex parte James Page 29 3. An accidental omission of the notice to the Law Society of the intention to be examined, may be excused on application to the Court, where the due notices have been given at the Master's office. Ex parte Rowland 30 4. A declaration against an attorney to recover one half of certain costs, to which the client has become liable in consequence of the attorney's negligence, should disclose that by an agreement between the parties the claim of the client in respect of the attorney's negligence the rest of the costs is waived, otherwise a sufficient consideration will not appear. Smart v. Chell 143

5. The affidavit for re-admission should be lodged the day before the commencement of term at latest, though under special circumstances, it may be lodged after the commencement of the term. Ex parte Granger 29 6. Under special circumstances, the Court will allow an articled clerk to be examined before the expiration of his five years' service. Ex parte Twynam 62 7. Where there are several counts in a declaration, some of them good and some bad, and a verdict is taken generally, and damages generally assessed, the Court will not permit the plaintiff by an order of the judge before whom the cause was tried, to enter the verdict for the plaintiff on the good counts, and on the others for the defendant, but will award a venire de novo. Empson v. Griffin 190 8. A., an attorney, was employed by B. and C. to prepare certain documents, to secure a loan upon an annuity; a warrant of attorney was afterwards executed by C. and D., at which E., another attorney, was employed for C. and D. It was part of the agreement that C. should pay all the costs of the transaction: Held, that A. was the attorney of C., and that the latter was entitled to the delivery of a bill of costs. Painter v. Linsell . 216 9. An attorney brought an action for his costs, and a certain sum was paid into Court. The cause was referred, and it was agreed that the claim of the plaintiff should be limited to a certain day. He was found to be overpaid to that day. The Court refused to disturb the award. Briggs v. Glover. 508

BAIL.

2. A. accepted bills for the accommodation of B., which B. indorsed and deposited with his bankers as security for his floating balance with them. B. was afterwards declared bankrupt, and the bankers proved a debt under the commission, far exceeding the amount of the bills, exhibiting them in their proof as being securities then held by them, and they received a dividend of 2s. in the pound on the amount of the proof. A. afterwards paid them the amount of the bills: Held, (reversing an order of the Court of Review) that A. was entitled to receive the past dividend from the bankers, and to stand in their place in respect of all future dividends in their proof, to the extent of the amount of the bills. Should the bankers refuse to refund the past dividend to A., this Court would order the assignees to pay to him that dividend to the amount of the bills out of the future dividends coming to the bankers; but quære whether the Court has jurisdiction to compel the bankers to refund. Ez parte Holmes, In re Garner : 170

3. A fraudulent sale of goods by a trader through the agency of one of his creditors, the purchasers being unaware of the fraud, does not constitute an act of bankruptcy, under 6 G. 4, c. 16, s. 3, although the proceeds of the sale were to be applied in liquidation of the creditor's debt. Harwood v. Bartlett

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CHARTER-PARTY.

318

The owners of a ship undertook by the terms of a charter-party to load at London, and proceed to Bombay with a cargo, then to load a new cargo, and to proceed with the same direct to London; and they further agreed that the charterers should have the privilege of sending the vessel on to Calcutta, upon the payment of an extra sum: Held, that the charterers were not authorized to load a cargo to be carried from Bombay to Calcutta, but only from one of those ports for London. Cockburn v. Wright . 271

CLERGYMAN.

1. Where an ecclesiastical person has conveyed his living to trustees, to secure the payment of a certain sum of money borrowed, and as a further security for the same, he gives an independent warrant of attorney, this latter is not void, as a contravention of the statute 13 Eliz. c. 20, s. 1. Bendry v. Price

200

2. In order to ascertain whether a warrant

The Court has no discretion to allow bail to render their principal, where more than four-of attorney can be considered as a charging of teen days have elapsed after the service of a a benefice within the 13 Eliz. c. 20, s. 1, the writ upon them, although the non-render has arisen from accident. Bird v. Atkins's bail 127

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Court will not read affidavits to shew the intention of the parties independent of the instrument. Bishop v. Hatch

CORPORATION.

. 233

1. Where an order is made by borough justices, under the 5 G. 4, c. 71, and 9 G. 4, c. 40, and an appeal is made against such order, such appeal is properly brought before the recorder of such borough sitting in the court of quarter sessions of such borough.

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