Wine Merchant. Alsager, Off. Ass.; Sawyer, | Fiddian, Frederick William, Birmingham, Archi- Butt, Edward Herbert, Cheltenham, Gloucester, Bradbury, James, late of Edgbaston, Warwick, Barlow, Jolin, St. Helen's, Lancaster, Grocer. Bulley, William Wilking, Liverpool, Merebant. Buck, Edward Bowker, Bingham, Nottingham, Bilsborrow, William, Kirkdale, near Liverpool, Blayney, John, Chester, Stone and Marble Mason. & Co., Gray's Inn Square; Keir or Mence, Cooke, Elizabeth, Market Harborough, Leicester, cher. Groom, Off. Ass., Venning & Co., To- Street, London, Glass Cutters. Alsager, Off. Cox, John, Nottingham, Silk Throwster. Percy Clarance, John, and James Goddard Chaldecott, Dale, Edward, Barnsley, York, Linen Manufac- 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, Draper and Shopkeeper. Adlington & Co., Egerton, Frederick, Birmingham, Wine and Spirit Merchant. Chaplin, Gray's Inn Square; Har- Field, John, Bennet Street, Westminster, Builder. tect and Dealer in Cement. Austen & Co., Foord, James Hilton, Holywell, Flint, Banker. Fletcher, William, late of Bradley, Bilston, Wol- Griffin, John Alexander, Liverpool, Merchant. Goadsby, Francis, jun., Salford, Lancaster, Drug- Gibbs, John, Bedford Street, Covent Garden, Man- & Co., Temple; Bowley, Nottingham. April 14. Hill, James, Wisbeach Saint Peters, Ely, Cam- Hutchins, Silas Barnard, West Street, Walworth Hodgetts, William, Birmingham, Bookseller and cer. Johnson, Off. Ass.; Stevens & Co., Queen Hilton, William Legh, Holywell, Flint, Ranker. Hyde, Samuel, jun., and John Lawton, Stayley, Spinners. Clarke & Co., Lincoln's Inn Fields; Heaton, Rowland Hall, Bolton-le-Moors, Lancas Inglis, William, Little St. Thomas Apostle, Lon- Johns, Thomas Coke, Red Lion Court, Fleet Street, Bankrupts. 511 John, William, Bridgwater, Somerset, Hackney- | Nuttall, William, Manchester, Grocer and Banker. Jones, William, Lower Brook Street, Boarding King, David, Eltham, Kent, Surgeon and Apothe- King, James, Eton, Bucks, Clothier. Green, Off. Lloyd, Leonard Wild. Richmond, Surrey, Hotel mondbury, York, Manufacturers of Fancy Manufacturer. Lowe & Co., Southampton Moulder, John, High Street, Vauxhall, Surrey, Martin, Samuel, Shoreditch, Grocer. Abbott, Off. Ass.; Sandom, Dunster Court, Mincing Owen, William Purchase, Exeter, Wine and Spirit Onions, William Michael, West Bromwich, Staf- Palmer, Robert, and Frederick Palmer, Reading, Prat, Samuel, Glastonbury, Somerset, Attorney 24. Pinkerton, John, High Street, Southwark, Glass Turquand, Off. Ass.; Williams & Co., Ely Parrington, William, Leeds, York, Woollen Cloth Teale & Co., Leeds. March 31. Perkins, William, Saint Woolos, Monmouth, Ship Payne, Thomas, Dolgelly, Merioneth, Auctioneer Potts, James, Stoke-upon-Trent, Stafford, Grocer Meyer, John George, Baltic Coffee House, Thread-Raw, needle Street, London, Wool Broker. John son, Off. Ass.; Cox & Co., Pancras Lane. Draper and Shopkeeper. Adlington & Co., Mason, Thomas, West Bromwich, Stafford, Grocer. George, Saint Helen's, Lancaster, Innkeeper. Ryland, John, jun., and William Chapman, Bir- 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 Moody, Samuel, Leeds, York, Printer. Robinson 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. 512 Bankrupts. Prices of Stocks.-The Editor's Letter Box. Styles, Robert Poole, Banbury, Oxford, Chemist Seddon, Thomas, and George Seddon, Gray's Inn 14. Tulloch, Donald, Duchess Street, Portland Place, Taylor, John, Willowholm, Carlisle, Cumberland, Wilson, Samuel, and John Knight, Radford, Not Young, Richard, Wandsworth, Surrey, Builder. Long Annuities, expire 5th Jan. 1860 13 a 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; Wilson, Robert, Aldermanbury, London, Hosier Weatherby, Edward, Newmarket, Cambridge; Ditto 5007. Small 881 a 21s. a 23s. pm. 21s. a 23s. pm. 21s. a 23s. pm. 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 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 380 514 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 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 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. |