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

tect and Dealer in Cement. Austen & Co., Butt, Edward Herbert, Cheltenbam, Gloucester, Raymond Buildings, Gray's Inn ; Recce, Bir

Innkeeper. Murrays & Co., Chancery Lane. mingham. April 7.
April 7.

Foord, James Hilton, Holywell, Flint, Banker. Bradbury, James, late of Edgbaston, Warwick, Cox & Co., Lincoln's Inn Fields; Oldfield,

and of Birmingham, Druggist and Grocer. Holywell. April 14. Rickarıls & Co., Lincoln's Inn Fields ; Fuster, | Fletcher, William, late of Bradley, Bilston, Wol. Wolverhampton. April 7 and 14.

verhampton, Stafford, Grocer, but now of Battley, William, Sunderland near the Sea, Dur- Cann Lane, Sedgley, in the same county,

hanı, Merchant Tailor and Haberdasher. Nici Maltster. Cupes & Co., Bedford Row ; Robixcholls & Co., Cook's Court, Lincoln's Inn ; ; son, Wolverhampton. April 14. Thomas, Durhain. April 10.

Golcher, James, Darlaston, Stafford, Gun Lock Barlow, Jolin, St. Helen's, Lancaster, Grocer. Manufacturer. Broughton, Falcon Square ;

Millinglon & Co., Bedford Row; Johnson, St. Bayliss, Wednesbury. March 24.
Helen's. April 10.

Grecn, John, Knightsbridge Terrace, Hyde Park, Bulley, Williain Wilking, Liverpool, Merebant. Oilman. Johnson, Off. Ass.; Miller, Sack

Chester, Staple Inn; Morecraft & Co., Liver- ville Street. March 27. pool. April 14.

Griffin, John Alexander, Liverpool, Merchant. Buck, Edward Bowker, Bingham, Nottingham, Holden & Co., Liverpool ; Taylor & Co., Druggist. Johnson & Co., Temple ; Bowley,

Bedford Row, March 27. Nottingham. April 17.

Goadsby, Francis, jun., Salford, Lancaster, Drug. Bilsborrow, William, Kirkdale, near Liverpool, gist. Norris & Cu., Bartlett's Buildings; Nor

Innkeeper. Payne, Liverpool; Vincent & Co., ris, Manchester. April 7.
London. April 17.

Gibbs, John, Bedford Street, Covent Garden, Man. Blayney, John, Chester, Stone and Marble Mason. Milliner. Gibson, Off. Ass.; Austin & Co., Faulkner, Chester. April 17.

Wine Office Court, Fleet Street. April 14. Cocker, James, Barnsley, York, Dyer, Butterfield Gell, John, Salford, Lancaster, Currier. Johnson

& Co., Gray's Inn Square ; Keir or Mence, & Co., Temple; Bowley, Nottingham. April 14. Barnsley. March 24.

Hatton, Robert, Liverpool, Woollen Draper and Cooke, Elizabeth, Market Harborongh, Leicester, Tailor. Parr, Liverpool ; Adlington & Co.,

And also of Northampton, Hatter. Clarke & Bedford Row. March 24.
Co., Lincoln's Inn Fields ; Higginbottom, Hill, James, Wisbeach Saint Peters, Ely, Cam-
Ashton-under-Lyne. March 24.

bridge, and Thomas Hill, Peterborough, NorthChappell, Samuel, Lawrence Lane, London, But- ampton, Merchants. Laurance, Peterborough;

cher. Groom, Off. Ass., Venning & Co., To- M.Leod & Co., London Street, Fenchurch kenhouse Yard. March 31.

Street. March 24. Coulter, John Jordan, and Joseph May, Liverpool Hutchins, Silas Barnard, West Street, Walworth

Street, London, Glass Cutters. Alsager, Off. Road, Newington, Surrey, Victualler. GraAss. ; Leigh, George Street, Mansion Honse. ham, Off. Ass.; Marson & Co., Church Row, April 7.

Newington Butts. March 27. Cox, John, Nottingham, Silk Throwster. Percy Hodgetts, William, Birmingham, Bookseller and

& Co., Nottingham ; Austen & Co., Raymond Stationer. Wecks & Co., Cook's Court, LinBuildings. April 7.

coln's Inn; Mole or Smith, Birmingham. Cleverley, Isaac, Flear Mills, East Allington, De- April 7.

von, Miller. flaley, Kingsbridge, Devon ; Hardingham, Thomas, Lower George Street, Chel

diling lon & Co., Bedford Row. April 10. sea, Bricklayer and Builder. Canna, Off. Coltson, Charles, Pancras Lane, London, Wine Ass.; Druce & Co., Billiter Square. April 14.

Merchant. Clark, Olf. Ass.; Lloyd, Cheap- Hill, Isaac, jun., Shepton Mallett, Somerset, Groside. April 14.

cer. Johnson, Off. Ass.; Stevens & Co., Queen Clarance, John, and James Goddard Chaldecott, Street, Cheapside. April 14.

Abchurch Yard, London, Coffee Dealers. Hilton, Williain Legh, Holywell, Flint, Banker, Graham, Off. Ass. ; Chatfield & Co., Cornhill. Cox & Co., Lincoln's Inn Fields; Oldhold, April 17.

Holyweil. April 14. Dale, Edward, Barnsley, York, Linen Manufac- Hyde, Samuel, jun., and John Lawton, Stayley,

turer. Pocock & Co., Bartholomew Close; Mottram-in-Longendale, Chester, Cotton Mence, Barnsley. March 27.

Spinners. Cla: ke & Co., Lincoln's Inn Fields; Dixon, Thomas, Preston, Lancaster, Flour Dealer. Higginloltom, Ashton-under-Lyne. April 14.

Adlington & Co., Bedford Row; Winstanley Harris, Robert, Leamington Priors, Warwick, & Co., Preston. April. 7.

Auctioneer and Appraiser. Beavan & Co., Duff, John Rutherford, formerly of Galley Quay, Adelphi Terrace ; Byrch, Evesham, Worces

Lower Thames Street, London, Wharfinger, tershire. April 17.
and now of Clapham Road Place, Claphum Heaton, Rowland Hall, Boltoa-le-Moors, Lancas.
Road, Surrey. Groom, Off. Ass.; Bridges & ter, Cotton Spinner and Timber Merchant.
Co., Red Lion Square. April 14.

Milne & Co., Temple ; Taylor & Co., BoltonEpplestone, William, Stockport, Chester, Tailor, le-Moors. April 17.

Draper and Shopkeeper. Adlington & Co., Inglis, William, Little St. Thomas Apostle, LonBedford Row ; Chew or Messrs. Bennett, Man- don, and of Well Street, East Smithfield, chester. April 14.

Middlesex, Leather Factor. Clark, Off. Ass.; Egerton, Frederick, Birmingham, Wine and Spirit Lowless & Co., Hilton Court, Threadneedle Merchant. Chaplin, Gray's Inn Square; Har

Street. March 27. rison, Birmingham. April 14.

Johns, Thomas Coke, Red Lion Court, Fleet Street, Field, John, Bennet Street, Westminster, Builder. London, Printer. Cannan, Off. Ass. ; Hat

Gibson, Off. Ass.; Pike, Old Burlington Street. chison, Crown Court, Threadneedle Strect. March 27,

March 37,

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John, William, Bridgwater, Somerset, Hackney. | Nuttall, William, Manchester, Grocer and Banker.

Pain & Co., Great Marlborough Street ; Makinson & Co., Temple ; Alkinson & Co., Lovilmil, Bridgewater. April 7.

Manchester. April 10.
Jordan, Robert, Barnard Castle, Durham, Carpet Owen, William Purchase, Exeter, Wine and Spirit

Manufacturer. Hutchinson, Barnard Castle ; Merchant. Turner, Exeter. March 27.
Blake & Co., King's Road, Bedford Row. Onions, William Michael, West Bromwich, Staf-
April 7.

ford, Ironfounder. Alban & Co., Lincoln's Jones, William, Lower Brook Street, Boarding Inn ; Corser, Stourbridge. April 7.

and Lodging House Keeper. Belcher, Off. Owen, Noah, Neath, Glamorgan, Grocer. Lake Ass. ; Poole, South Square, Gray's Inn. & Co., Basinghall Street ; Hargreaves, Neath. April 10.

April 14. King, David, Eltham, Kent, Surgeon and Apothe- Palmer, Robert, and Frederick Palmer, Reading,

cary. Edwarıls, Off. Ass. ; Cook & Co., New Berks, Coal Merchants, Slate and Salt MerInn March 24.

chants. Blandly, Reading ; Adlington & Co., King, James, Eton, Bucks, Clothier. Green, Off. Bedford Row. March 24.

Ass.; Kennett & Co., Chatham Place, Black Prat, Samuel, Glastonbury, Somerset, Attorney friars. April 7.

and Money Scrivener. Hope & Co., Wells; Lloyd, Leonard Wild, Richmond, Surrey, Hotel Pulling 6. Co., Hare Court, 'Temple. March

Keeper, and of Lincoln's Inn Fields, Middle- 21.
sex, Builder. Belcher, Off. Ass.; Aston & Co., Pinkerton, John, High Street, Southwark, Glass
New Broad Street. March 24.

Cutter and Dealer in China and Earthenware. Lodge, Jonathan, and Simon Lodge, Salford, Ald- Turyugnil, Off. Ass.; Williams & Co., Ely

mondbury, York, Manufacturers of Fancy Place. March 31.
Cloths. Lever, King's Road, Bedford Row; Parrington, William, Leeds, York, Woollen Cloth
Baker & Co., Huddersfield. April 3.

Manufacturer. Huslam & Co., Copthall Court; Laffer, Henry, Liverpool, Merchant and Tobacco Teale & Co., Leeds. March 31.

Manufacturer. Lowe & Co., Southampton Perkins, William, Saint Woolos, Monmouth, Ship

Buildings; North & Co., Liverpool. April 14. Builder. Hall, New Boswell Court; Prothero Lambert, James, Monmouth, Draper. Surr, Lom- & Co., Newport. April 3.

bard Street; Whittington & Co., Bristol. Payne, Thomas, Dolgelly, Merioneth, Auctioneer March 24.

and Builder. Lowe & Co , Southampton BuildMoulder, John, High Street, Vauxhall, Surrey, ings ; Roberls, Carnarvon. April 10.

Victualler. Pennell, Off. Ass. ; Harpur, Ken- Pile, Edward Oley, Newcastle-1 pon-Tyne, Grocer nington Cross. March 27.

and Tobacconist. Megyison & Co., King's Mellows, Robert, Stockport, Chester, Grocer and Road, Bedford Row; Hoyle, Newcastle-upon

Provision Dealer. Bower & Co., Chancery Tyne. April 14.

Lane; Lingard & Co., Stockport. March 27. Potts, James, 'Stoke-upon-Trent, Stafford, Grocer Massey, Josephi, Habergham Eaves, near Burnley, and Baker. Price & Co., Lincoln's Inn Fields ;

Lancaster, Worsted Spinner. Scott & Co., Bishop, Staffordshire Poiteries. April 14.
Lincoln's Ion Fields; Shaw & Co., Burnley. Richards, Griffith, and Thomas Manwaring, Bridge
March 27.

Road, Lambeth, Surrey, Linen and Woollen Martin, Samuel, Shoreditch, Grocer. Abbott, Drapers and Hatters. Clark, Off. Ass.; Farrar

Off. Ass.; Saniom, Dunster Court, Mincing & Co., Godliman Street, Doctors' Commons.
Lane. April. 3.

March 31.
Meyer, John George, Baltic Coffee House, Thread-Raw, George, Saint Helen's, Lancaster, Innkeeper.

needle Street, London, Wool Broker John- Chesler, Staple Inn; Ansdel', Saint Hele:’s.
son, Off. Ass.; Cox & Co., Pancras Lane. April 10.
April 7.

Ryland, John, jun., and William Chapman, BirMarkland, William, Bolton-le-Moors, Lancaster, mingham, and George Manley Smith, of Bir.

Irodfounder, Plumber and Shopkeeper. du mingham and Coventry, Mill and Press Malington & Co., Bedford Row ; Lever, Bolton- kers. Swain & Co., Old Jewry; Whuliley & Je-Moors. April 7.

Co., Birmingham. April 17. Mose dale, William, Derby, Engine Manufacturer. Sleep, Samuel, Altarnun, Cornwall, Linen Draper. Smith, Charcery Lane. April 7.

Messrs. Litlle, Devonport; Messrs. Sole, AlMilner, Thomas, Stockton-upon-Tees, Durham, dermanbury. March 24.

Draper and Shopkeeper. Allington & Co., Symes, John Baker, and Francis Blanchard, Kein

Bedford Row ; Chew, Manchester. April 7. ton Mausefield, Somerset, Tailors, Drapers Manley, Thomas, jun., Atherton, Lancaster, Pa- and Hatters. Adlington & Co., Bedford Row ;

tent Nail Manufacturer. Smithson & Co., James, Glastonbury. March 27.
Southampton Buildings; Thompson & Co., Smith, John, Manchester, Commission Agent.
Manchester. April 7.

Milne & Co., Temple ; Slater & Co., Manches Mason, Thomas, West Bromwich, Stafford, Grocer.

March 31. Taylor & Co., Bedford Row ; Arnold, Uttox- Scampton, Robert, Coventry, Grocer and Provision eter. April 10.

Dealer. Buck, Ironmongers' Hall, Fenchurch Moody, Samuel, Leeds, York, Printer. Robinson Street. Troughton & Co., Coventry. April 3.

& Co., Essex Street, Strand; Middlelon, Leeds. Savage, Edward, Newcastle-upon-Tyne, Dealer in April 10.

Marine Stores. Meggison & Co., King's Road, Monklionse, William Cam, Aberystwith, Cardigan, Bedford Row; Hoyle, Newcastle upon Tyne.

Wine Merchant and Brewer. Messrs. Evans, April 3.
Chepstow; Hughes & Co., Aberystwith or Stone, William, and James Gibson, Bristol, Tai-
Poule & Co., Gray's Inn Square. April 14.

lors. Jackson & Co., New Inn, Sirand; WilNaylor, William Graham, High Street, Shadwell, liams & Co., Bristol. April 7.

Middlesex, Tea Dealer and Grocer. Lacking. Stripling, John, Liverpool, Ship Chandler and Sai} ton, Off. Ass. ; Simpson & Co., Austin Friars. Maker. Avison & Co., Liverpool. Aulington April 3,

& Co., Bedford Row. April 10,



Bankrupts.- Prices of Stocks. The Editor's Leller Bor.

Styles, Robert Poole, Banbury, Oxford, Chemist Wilson, Samuel, and Jolin Knight, Radford, Noi

and Druggist and Soda Water Manufacturer. tingham, Builders. Fox & Co., Nottingham ; Cox & Co., Lincoln's Ion Fields ; Walford & Campbell & Co., Essex Street. April 17. Co., Banbury. April 10.

Young, William Sawer, West Smithfield, London, Seddon, Thomas, and George Seddon, Gray's Inn Banker. Abbolt, Off. Ass.; Stevens & Co.,

Road, Cabinet Makers and Upholders. Clark, Queen Street, Cheapside. March 24. Of. Ass. ; Brown & Co., Mincing Lane. April Young, Robert, Scarborough, York, Silk Mercer. 14.

Messrs. Brace, Surrey Street, Strand; Page, Sydebotham, Charles, and William Sydebotham, Scarborough. March 31.

Liverpool, Ship and Anchor Smiths and Chain Young, Richard, Wandsworth, Surrey, Builder.
Cable Manufacturers. Taylor & Co., Bedford Whitmore, Off. Ass. ; Willis, Robert Street,
Row; Lowndes Co., or Davenport & Co., Chelsea. April 14.

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 Inn; Smith, Birmingham.

April 17.
Tulloch, Donald, Duchess Street, Portland Place,

Tuesday, 21st April, 1840. and of Adelphi Wharf, Strand, Coal Mer- Bank Stock, div. 7 per Cent. 1754 a 5 a chant. Whitmore, Off. Ass.; Loveland, Symond's Inn. March 24.

per Cent. Reduced

89 cm

3 Taylor, John, Willowliolm, Carlisle, Cumberland, per Cent. Consols Annuities 90% afaj Miller and Corn Merchant. Mounsey & Co., 3} per Cent. Annuities, 1818

98} a Staple Inn ; Mounsey, Carlisle. March 27. Tyler, Henry, and William Tyler, Dudley-port, New 34 per Cent. Annuities

3 per Cent. Reduced Annuities 98atasan Stafford, Cement Manufacturers, and of

99 a ajab Nuneaton, Warwick, Iron Manufacturers. Long Annuities, expire 5th Jan. 1860 13faas Clarke & Co., Lincoln's Inn Fields; Bennett, Annuities for 30 years, exp. 10th Oct. 1859 13 75 Wolverhampton. April 7.

Ditto ditto 5th Jan. 1860 13 Vivian, John Robins, East Stonehouse, Devon, India Stock, div. 104 per Cent. Dealer.

250 a 50 Baron, Plymouth ; Puole & Co., Gray's Inn Square. March 27,

Ditto Bonds, 3 per Cent.

4 pm. Weston, Thomas Cotton, Wen, Salop, Coal Mer- Ditto New Annuities div. 3 per Cent. 881

chant. Pownall & Co., Staple Inn; Walmsley, 3 per Cent. Consols for Acct. 25th May 91 a fal

Wem. March 27. Waite, Samuel Farnley, Leeds, York, Cloth Manu- Exchequer Bills, 10001. at 24d. - - 216. a 23s. pm. facturer. Wilson, Southampton Street, Blooms

Ditto 5001.

21s. a 23s. pm. bury; Fiddey, Serjeant's Inn, Fleet Street; Ditto Small

21s. a 23s. pm. Payne & Co., Leeds; or, Barr & Co., Leeds.

March 31.
Wilson, James, Toxteth Park, Lancaster, Victual-

ler and Excavator. Worthington & Co., Liver

pool ; Taylor & Co., Bedford Row. March 31. Worthington, Matthew, Ulverston Lancaster, Inn

THE EDITOR'S LETTER BOX. keeper. Norris & Co., Bartlett's Buildings ;

Pearson & Co., Ulverstone. April 3.
Wardlaw, James, and Mary Wardlow, Bankwood
Mill, Charlesworth, Glossop, Derby, Cotton

The letters on the Construction of a Will; Spinners. Brackenbury, Manchester; Johnson Stamps on a Bargain and Sale for a Year; the & Co., Temple, April 3.

Regulations of the Inns of Court; and the Wilkinson, Charles John, Eye, Suffolk, Merchant Statute of Limitations, have been received.

and Miller. Ling & Co., Bloomsbury Square;

Messrs. Cobboll, Ipswich. April 7.
Wright, William, Liverpool, Corn Merchant and

Factor. Taylor & Co., Bedford Row ; Lowndes The present number closes the nine& Co., Liverpool. April 7.

teenth volume of our work; and we beg to Wallbank, Charles, Birmingham, Metal Dealer. announce that after the completion of our

Chaplin, Gray's Inn Square ; Harrison, Bir-next volume, we intend publishing a complete mingham. April 10.

Index, which will render the vast body of legal Wilson, Robert, Aldermanbury, London, Hosier information contained in the twenty volumes

Lackington, Off. Ass.; Guildard, King Street,.
Cheapside. April 14.

easily accessible. Weatherby, Edward, Newmarket, Cambridge;

Several numbers of the work have been reJames Hilton Foord of Bondlondel, Carnarvon; William Legh Hilton, Holywell, Flint.; printed, and imperfect sets may at present be Richard Addison, Preston, Lancaster and completed. Robert Gibson, Bolton-le-Sands, Lancaster, Cotton Spinners and Bankers. Kay & Co.,

Persons having any of the following numbers Manchester. April 14.

may obtain the full price for them by apply. Wightman, Frederick Wilcockson, Bawtry, York, ing to our publisher:-Numbers 330, 331, 338,

Woollen and Linen Draper. Walker, Furni-397. val's Inn; Blackburn, Leeds. April 14.







An apprentice was injured by the act of A.'s 1. In an action of libel, the plaintiff deelared, servant. The master thereby not only altogether alleging the publication of a libel upon him in lost the services of his apprentice for a time, his character of dragoman or interpreter to the but the apprentice also, when able to return English Ainbassador at Constantinople ; the to work, became unfit to do the finer sorts of defendant pleaded that the plaintiff was an work in his master's business. Before the alien born, and was resident at Constantinople, apprentice had quite recovered, the master and that he had never been naturalized or ad- brought his action against A. for the loss of mitted a denizen in this kingdom: Held ill, on the apprentice's services. Evidence was adgeneral demurrer. Pisani v. Lawson. Page 63 mitted to show how long the apprentice was

2. A devise of lands to English subjects, in likely to continue affecied by the injury, and trust to sell and invest the proceeds in the the judge left that as a matter for the conpublic funds, in trust for persons, some of sideration of the jury in estimating the damages : whom were aliens : Held, upon a bill, to which Held, that he was right in so doing. Hodsoll the Attorney General was a party, that the v. Slallebrass

Page 215 Crown had no right, as against the aliens, over

ARBITRATION. the lands, or the proceeds of the sale of them. De Hourmelin v. Shelden

235 1. It is no ground for setting aside an awaril,

that the arbitrator has directed the payment of a suin of money to be made on a Sunday,

although it would be an answer to an applica1. The statute 5 & 6 W. 4, c. 50, gives a tion for an attachment, on the ground of the party aggrieved by any order or conviction inade, or any matter or thing done under that money not being paid on that day. Hollell v.

236 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. Gulley

301 by whose act he is aggrieved. F. appealed 3. An arbitrator has no power to order costs against the conviction. He served a proper to be paid as between attorney and client, and notice of appeal on the surveyor, and addressed if a provision ordering such costs to be paid, a notice to both the convicting justices, but is so connected with other parts of the award served it on one only: Held, that the parties that it cannot be rejected as an independent by whose act be was aggrieved, were the con provision, the award is bad. Seckhum v. Bubb victing justices, and that the notice ought

383 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. A. assigned to B. for valuable consideration, The Justices of Bedfordshire, in the matter of an annual sum granted to him, during pleasure Foster

2. The Birmingham and Gloucester Railway ) which A. had held, and which was abolished Act requires that recognizances shall be entered by act of parliament, and due notice of the into "forthwith” after notice of appeal : assignment was given to the grantors : Held, Held, that the meaning of the act is, that upon motion before the hearing of the cause, sureties shall be given within a reasonable time, tlrat the assignment was valid in equity as and that nine days is too long without some between B. and A.'s general creditors. Tunreason being assigned for the delay. The stull v. Boothby

380 Queen v. Justices of Worcestershire 218 3. Where there is no caveat entered against

ATTORNEY. enrolling a decree, a petition of appeal presented against it, and answered by the Lord defendant's attorney in atiesting a cognovit,

1. The plaintiff's attorney cannot act as the Chancellor, and set down for hearing, deposit being paid, will not stop the enrolinent, unless pursuant to. 1 & 2 Vict. c. 110, s. 9, alihoughi

named by the defendant for that purpose. the party enrolling it has led the appellant to

Mason v. Kidille

335 believe he would not enrol it. But service of the order for hearing the appeal, stops the that a person will not be able to come up to

2. Unless there is strong reason to believe enrolment. Dearman v. Wyche


be examined and adınitted pursuant to notices VoL, XIX, No, 587.

2 M




Digested Index to Cases reported. given, the Court will not allow the effect of 2. A. accepted bills for the accommodation of the notices to be extended to another term. B., which B. indorsed and deposited with his Ex purte James

Page 29 bankers as security for his floating balance with 3. An accidental omission of the notice to them. B. was afterwards declared bankrupt, and the Law Society of the intention to be exa- the bankers proved a debt under the commission, mined, may be excused on application to the far exceeding the amount of the bills, exhibi. Court, where the due notices have been given ting them in their proof as being securities at the Master's office. Ex parte Rowland 30 then held by them, and they received a divi

4. A declaration against an attorney to re- dend of 2s. in the pound on the amount of the cover one half of certain costs, to which the proof. A. afterwards paid them the amount client has become liable in consequence of the of the bills : Held, (reversing an order of the attorney's negligence, should disclose that by Court of Review) that A. was entitled to rean agreement between the parties the claim of ceive the past dividend from the bankers, and the client in respect of the attorney's negli- to stand in their place in respect of all future gence the rest of the costs is waived, other-dividends in their proof, to the extent of the wise a sufficient consideration will not appear. amount of the bills. Should the bankers Smart v. Chell

143 refuse to refund the past dividend to A., this 5. The affidavit for re-admission should be Court would order the assignees to pay to him lodged the day before the commencement of that dividend to the amount of the bills out of term at latest, though under special circum- the future dividends coming to the bankers; stances, it may be lodged after the commence- but quære whether the Court has jurisdiction ment of the term. Ex parte Granger 29 to compel the bankers to refund. Ex parte 6. Under special circumstances, the Court Holmes, in re Garner

: 170 will allow an articled clerk to be examined 3. A fraudulent sale of goods by a trader before the expiration of his five years' service. through the agency of one of his creditors, Er parte Twynam

62 the purchasers being unaware of the fraud, 7. Where there are several counts in a does not constitute an act of bankruptcy, declaration, some of them good and some bad, under 6 G. 4, c. 16, s. 3, although the proand a verdict is taken generally, and damages ceeds of the sale were to be applied in liquigenerally assessed, the Court will not permit dation of the creditor's debt. Harwood v. the plaintiff ' by an order of the judge before Bartlett

318 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

The owners of a ship undertook by the terms venire de novo. Empson v. Griffin 190 of a charter-party to load at London, and pro

8. A., an attorney, was employed by B. and ceed to Bombay with a cargo, then to load a C. to prepare certain documents, to secure a new cargo, and to proceed with the same di. loan upon an annuity; a warrant of attorney rect to London; and they further agreed that was afterwards executed by C. and D., at the charterers should have the privilege of which E., another attorney, was einployed for sending the vessel on to Calcutta, upon the C. and D. It was part of the agreeinent that payment of an extra sum: Held, that the C. should pay all the costs of the transaction : charterers were not authorized to load a cargo Held, that Å. was the attorney of C., and that to be carried from Bombay to Calcutta, but tie latter was entitled to the delivery of a bill only from one of those ports for London. of costs. Painter v. Linsell 216 Cockburn v. Wright

. 271 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 1. Where an ecclesiastical person has conthe claim of the plaintiff should be limited to veyed his living to trustees, to secure the paya certain day. He was found to be overpaid inent of a certain sum of money borrowed, to that day. The Court refused to disturb and as a further security for the same, he the award. Briggs v. Glorer.

508 gives an independent warrant of attorney, this

latter is not void, as a contravention of the statute 13 Eliz. c. 20, s. l. Bendry v. Price

200 The Court has no discretion to allow bail to

2. In order to ascertain whether a warrant 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 Court will not read affidavits to shew the in. arisen from accident. Bird v. Atkins's bail 127 tention of the parties independent of the in

strument. Bishop v. Hatch

238 BANKRUI'T. 1. An act of bankruptcy was committed the 5th of March. The fiat bore date the 4th of 1. Where an order is made by borough jusMay next following, but was not delivered out lices, under the 5 G. 4, c. 71, and 9 G. 4. c. of the Bankruptcy Office until the 6th of May : 40, and an appeal is made against such order, Lield, that the fiat was sued out within two such appeal is properly brought before the calendar months from the act of baukruptcy. recorder of such borough sitting in the court Er parte Roue

95 of quarter sessions of such borough.




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