« EelmineJätka »
of the Hon. Charles Ewan Law, M.P. Recorder of Lon.
812 811 84 8 83 831 8
Chancery, it has framed a memorial, which (THE JURISDICTION OF THE COURT FOR | Lord, Willian Jones, esq. third son of Edward Loyd, esq. appears in another column, setting forth the RELIEF OF INSOLVENT DEBTORS AND
of Greenhill, near Manchester, to Caroline Gertrude, se
cond daughter of J. H. Vivian, e q. M.P. of Singleton, grievances complained of, and suggesting the THE COUNTY COURTS.
South Wales, on the 21st ult. at St. George's church, remedy. A vigorous union of effort on the Under sec. 8 of the 10 & 11 Vict. c. 102.
Hanover-square. part of the Association, and the Society for the Tue reports from the Insolvent Debtors' Court Borbidge, Edward, solicitor, on the 21th ult, at his resiAmendment of the Law, can scarcely fail to this week include several decisions of interest to the dence, 88, Hatton-garden, aged 33. command attention and
early Profession. The case of Re George Jones is of Cockburn, Mary Sarsfield, fourth daughter of Sir William reform. considerable importance as a precedent in the In
and Lady Cockburn, on the 20th uit. at Downton, Rad.
norshire, aged 16. But let us impress upon the Committee of solvency Courts in London, and a governing case Lake, Viscount, on the 24th ult. at 12, Park-street, after a the Association, to whose labours the Profes- for the judges of the County Courts. It is the first few days' illness. sion is indebted for this document, that they time the point has arisen, but it must now often Law, Gertrude Catherine, seventh and youngest daughter will never effect much by petition and remon
occur. The question is whether a jurisdiction strance alone. The Government and the Legis. the 10 & 11 Vict, c. 102, may be exercised beyond MATHEWS, Jare Mellar, the beloved wife of John H. Ma.
don, on the 22nd ult. at the house of her father, in Eatonacquired in certain cases under the 8th section of
place, aged 19. lature can only be induced to give attention to such an unexciting question as Law Reform, by tion of the same statute provides that the jurisdicthe districts of the respective courts. The 6th sec- thews, esq. of the Middle Temple, and youngest daughter
of Aaron Chapman, esq. of Highbury-park, Middlesex, forcing it upon them in the shape of a bill. So tion of the Courts in London shall be limited to
on the 26th uli. at Highbury-grange. long as the promoters confine themselves to within twenty
miles of the General Post-Office, and Peris, Lady, relict of the late Sir Lucas Pepys, bart. on the prayers for relief, they will have but a cold and the point decided is that when it assumes jurisdic.
21st ult. at , . partial hearing. To be successful, they must tion in cases where there has been no six months' put their desires into a practical shape, frame a residence, it will act beyond that limit. The 6th JOURNAL OF PROPERTY. Bill embodying the reforms desired, and pro- section of the 10 & 11 Vict. c. 102, limits the action
THE MONEY MARKET. cure it not merely to be represented to Par- of the Courts in London to within twenty miles liament, but to be thrust forward with dogged from the Post-office; but the 8th section enacts resolution, until it either become law or ex- that it may, at its discretion, acquire jurisdiction in tracts from the men in office a pledge that it certain cases in which there has been no six months' shall be made a Government matter. It then residence; but if its action is to be limited to the Three per Cent. Consols...
83 83 83 837 84 usually happens that the officials adopt the locality fixed by the 6th section, the 8th section be- Consols for Opening
844 844 Bill with some trifling disguises, for the sake comes a dead letter, and the effect would be that New Three-&-a-quarter pcrct: 83
8# 85 of appearances, and taking credit for the boon, there would be a certain class of insolvents inca- long Annuities........
192 190 191 189 1898 1901 present it as their own, and carry it by force of pable of being relieved by the interposition of the Bank Stock ministerial influence. It is thus, if they would that he will give effect to the 8th section of the 10& 11 Fichequer Bills, 1,0001. Court. Mr. Commissioner Harris has now decided India Stock
India Bonds, 1,000l. achieve success, that the Metropolitan and Vict. c. 102, without reference to the limitation of Provincial Law Association must deal with jurisdiction under the 6th section. The keepers of Spanish Fireperererettes.
114 11 113 Chancery abuses and with all reforms it may gaols, therefore, throughout England being aware
221 22 be their purpose to promote.
that the Court has, after consideration, come to Peruvian.......
163 164 164 164 161 ENFRANCHISEMENT OF COPYHOLDS. tioners ad interim under the 6th section of the 7 &
431 431 The value of Lord CAMPBELL's measure may 8 Vict. c. 96, or for the bringing up of prisoners
Four per Cents. 61 614 617 614 655 66
634 perhaps be best estimated by the opposition it to London for examination under the 7th section encountered. All the noble lords who fol- of the 7 & Vict. c. 96.
Chilian Six per Cents.... lowed him in his motion for the second read- The matter is of importance to the judges of the Buenos Ayres
66 64 65 64 645 ing, save one, expressed extreme hostility to the County Courts. The words of the clause are these :
Belgian Four-and-a-Half per Bill; and even went so far as to divide the House “ Provided always, and be it enacted, that if any upon it. But for this we should have been such insolvent shall not have so resided for six inclined to look upon the Bill as being rather months in any one place as aforesaid, then he shall insufficient than otherwise for its professed and the jurisdiction aforesaid in the matter of such file his petition in the said Insolvent Debtors Court,
THE GAZETTES, object. We have not yet seen the Bill itself , insolvency shall be vested either in the Court for
Bankrupts. but we gather from Lord CAMPBELL's re- Relief of Insolrent Debtors in London, or in such
Gazette, June 23. marks that it does not go so far as to make one of the said County Courts as the said Court for ADAMS, onts, carthenware manufacturer, Longton, Stokeenfranchisement compulsory; it merely regu- Relief of Insolvent Debtors shall direct.” So that Com. Daniell. Off. as. Christie. Sols. W. and E. Clarke, lates some of the more vexatious incidents of the judges will see that in cases referred to them Longton, and Motterham and Co. Birmingham. Fiat, tenure, and aims at removing the odiousness under the 8th section, where the insolvent is in
June 15. Bankrupt's own petition. rather than the substantial evils of copyholds. custody out of the district to which their jurisdiction
ADAMS, THOMAS KETLAND, gun manufacturer, Birming
ham, July 6 and Aug. 1, at eleven, Birmingham. Com. Lord CamPBELL avowed that he should have is limited, they will be called upon to exercise the Balguy. Off. as. Whitmore. Sol. Stubbs. Birmingham. preferred a general commutation, upon the same power of liberating prisoners ad interim who
Fiat, June 21. Bankrupt's own petition. plan 80 successfully adopted with respect to are petitioners under the protection statutes, or of Cowan, GEORGE, draper, Coventry, July 1 and 29, at half
past ten, Birmingham. Com. Daniell. Off. as. Christie. tithes ; but he had no hope of present success bringing them up for examination. Suppose, for Sols. Dewes and Sons, Coventry, and Motterham and Co.
Birmingham. Fiat, June 14. Pet.cr. J. Crichton, drafor so good a thing as that. Nevertheless, the instance, that a petitioner is in custody in the gaol
per, Coventry. concessions he has made have not moderated at Lancaster, and the petition is referred to the Fellows, Exocu, licensed victualler, and blank tray ma.
nufacturer and japanner, Wolverhampton, July 11 and hostility: the imperfect measure is as fiercely County Court at Liverpool, the judge of the County
Aug. 1, at twelve, Birmingham. Com. Balguy. Off. as. assailed as a perfect one would have been, the same power which Mr. Commissioner HARRIS Court at Liverpool will be called upon to exercise
Whitmore. Sol. Bowen, Stafford. Fiat, June 17. Bankwhile it does not rouse the same enthusiasm in has exercised in the case of George Jones; and the FRANCIS, GEORGE, tailor, draper, and outfitter, Liverpool,
rupt's own petition. its favour. The reasons assigned for the op; governors of the gaols so called upon to obey war
July 4 and 25, at eleven, Liverpool. Com. Ludlow. position were amusing from their diversity and rants of County Courts beyond their respective
as. Turner. Sols. Cornthwaite and Co. Old Jury-cham. their inconclusiveness, making it manifest that districts, knowing that in similar cases and under
bers, and Fisher and Stone, Liverpool. Fiat, June 16.
Bankrupt's own petition. they were not reasons, but excuses. One no- similar circumstances the Court in London calls HARTLEY, WILLIAM, baker, Banbury, Oxfordshire, June ble lord objected that it would destroy copy- upon them to liberate a prisoner ad interim, will
30, at two, July 28, at half.past twelve, Basinghall-st.
Com. Fonblanque. Off. as, Stansfeld. Sols. Stroughill, hold tenure; but he is, unfortunately, wrong; probably abandon any scruples which they may Coleman-st. and Hunt and Fortescue, Banbury. Fiat, it falls far short of such excellence. Another entertain respecting the legality of the warrant June 20. Bankrupt's own petition. objected that it would deprive lords of manors emoved.
D. C. M.
Hesketi, GEORGE, straw bonnet dealer, Manchester, July
4 and 25, at eleven, Manchester, of the means of protecting their estates against
Gregory and Co. Bedford. row, and Makinson, Manchester. nuisances ! Another thought that the
Fiat, June 20. Bankrupt's own petition. present BIRTHS, MARRIAGES, AND DEATHS.
HOLMES, MATTHEW, victualler, Bilston. Staffordshire, July system of enfranchisement worked very well;
1 and 26, at half-past ten, Birmingham. Com. Daniell. forgetting that if it is good to have enfranchised
Off. as. Whitmore. Sol. Bolton, Wolverhampton. Fiat,
June 15. Bankrupt's own petition. ten manors in a year, it would be ten times better HARGRAVE. - On the 24th ult. the wife of John F. Har
HUDSON, James, boarding-house-keeper, Lark-hall-lane, to be able to enfranchise a hundred. Lord
grave, esq. barrister-at-law, of a son.
Clapham, June 30, at half-past one, July 24, at one, Basa STANLEY's objection was that it would put the MOULTRIE: On the 23rd ult. at Alpha.place, St. John's- inghall-st. Com. Goulburn. Off. as. Follett. Sol. Eden,
wood, the lady of E. M. Moultrie, of the Middle Temple, Salisbury-st. Strand. Fiat, June 21. Bankrupt's own poor tenant to expense; but he forgot to say, esq. of a son.
petition that the poor tenant is not compelled to en
HUXHAM, GEORGE, wine and spirit merchant, Totness,
Devonshire, July 11, at eleven, Aug. 3, at one, Exeter. franchise, if he does not desire it; all tenants Balfour, Major George, of the Madras Artillery, to Charlotte Isabella, third daughter of Joseph Hume, esq. M.P.
Sols. Blake, Blackfriars. ask, is that the lord shall be compelled to en- on the 28th ult. at St. Mary's, Bryanstou-square.
road, Presswell, Totness, and Stogdion, Exeter. Fiat, franchise, on their paying him the value of his Glyn, George Grenfell, eldest son of George Carr Glyn,
Pet. cr. W. Huxham, gent. Zuckenhay, Asbprington, interest in the property. Although the Bill esq. M.P. to Georgiana Maria, eldest daughter of the Rev. Johnston, Jonn, hosier and haberdasher, High-st. Stam. has passed its second stage safely, it is sure to
George Tufnel, of Uffington, Berkshire, on the 22nd ult.
ford, Lincolnshire, July 7 and Aug. 4, at eleven, Nottingat St. Peter's, Eaton-square.
ham. Com. Balguy. Off. as. Biuleston. Sols. Bennett, be so mangled in committee, as to be rendered Gould, John, esq. of Upper Chadwell-street, Pentonville, Furnival'n-inn, and Ludlow, Birmingham, Fiat, June useless for the purpose for which it was de- to Miss Maria Haydon, niece of the late William Tidd, 15. Bankrupt's own petition. manded. The copyholders must not relax their
esq of the Inner Temple, on the 24th ult. at the Spanish Jones, Robert, cotton spinner, Edenfield, Tottington
Ambassador's Chapel. Manchester-square, and afterwards Higher-end, Lancashire, July 6 and 27, at twelve, Manefforts now; the victory is far from being won. at the Church of St. Marylebone.
chester. Off, as. Hobson. Sols. Gregory and Co. Bed.
ford-row, and Cooper, Manchester. Fiat, June 19. Pet.
Gazette, June 27.
wich, warehousemen, June 19.- Debts paid by Atkinson.cr. T. Davies, grocer, Exeter.
Hirst, J. wire drawer, Halifax, Yorkshire, June 28. Walker, J. T. and Hill, H. corn factors, Corn Exchange, LLOYD, John, boot and shoe manufacturer, Liverpool, July
London, June 20.-Wheatcroft, G. and Kendall, J. coach 10 and 28, at eleven, Liverpool. Com. Perry. Off. as.
Gazetle, June 16.
So far as reMorgan. Sols. Oliver, Old Jewry, and Evans and Sons,
Edwards, D. merchant, Aberdeen, June 28 and July 19, Stubbs, 1. stock brokers, Liverpool, June 21. Liverpool. Fiat, June 19. Bankrupt's own petition.
at telre, Royal Hotel, Aberdeen. - Gentles, T. plumber, gard. S. Woods, jun. Mycock, Josern, publican aud licensed victualler, Long. Paisley, June 23 and July 14, at one, Saracen's Head Inn,
Gazette, June 27. sight, ncar Manchester, July 6 and 27. at eleven, Man; Paisley. - Grocott, T. mercharit and dealer in fancy goods
Burnes, R., H. and G. A. Winchester, so far as regards chester. Off. as. Hobson. Sóls. Smith, Bedford-row, and and Berlin wool, Wellington Arcade, Glasgow, June 23 and
H. Barnes.-Burnett, R. L. and Kimpton, J. jun. GraceAndrew, Manchester. Fiat, June 10. Pet. cr. T. Ben- July 14, at twelve, Star Hotel, Glasgow.-'Hamilton, J. church-st. City. - Bateman, J. Drury, G. and Biteman, J. J. nett, surgeon, Salford.
farmer, cattle and grain dealer, High therwell, near Hi Birmingham, so far as regards J. Bateman.-Beningfield, Nicholls, Joun, manufacturer of earthenware, Longton, milton, Lanarkshire, June 26 and July 17, at twcive, King's J. and Mergerison, C. Crutched-friars, City. -- Bre!t, T., H. Stoke-upon-Trent, Staffordshire, July 11 and Aug. 1, at
Arns Inn and Hotel, Hamilton. Keddie, J. merchant, and J. Wood-st. Cheapside, so far as regards J. Breit. eleven, Birmingham. Com. Balguy. Off. as. Valpy. Fortrose, June 27 and July 18, at two, Royal Hotel, For
Charisse, P. H. and C. A. Birmingham. -- Darnton, E. and
Beckett, S. Marchester.-Day, T. and Whitman, J. Mud. Sols. Motteram and Co. Birmingham. Fiat, june 15. trose.- Morrison, J. coal master, ship owner, and farmer,
stone, Kent.-Edmiston, C. J. and C. S. Strand.- Forman, Bankrupt's own petition.
Hawkhill, Tulliallan. Perthshire, June 23 and July 21, at Pratt, SAMLEl. victualler and publican, Coventry, Tar. one, Dewar's Inn, Kincardine.- Stirling, J. horse dealer, T. and Lrurence, T. Bedford. - Guls corthy, J. and Vichols, wickshire, July 6 and 26, at half-past ten, Birmingham. Strathaven, June 27 and July 18, at tivo, Bruce Inn, Hami!.
J. Cook's.court, Lincoln's-inn.- Hunt, H. and Bromley, C. Com. Daniel. Off. as. Christ e. Sols. Jackson, Coven.
ton -- Sutherland, w. s. bookseller and stationer, Leith, Banbury, Oxfordshire. --- Kerr, J. H. and Druitt, W. Lirer. try, and Blotteram and Co. Biriningham. Fiat, June 17. June 26 and July 17, at one, Paxton's Royal Exchange, Cof. pool. - Marshall, T. and Duncan, J: Wood-st. Cheapside.Bankrupt's own petition. fee-house, Edinburgh.
Nichols, W. N. and Lane, T. Clifton.-- Vorthcote, R. C.
and J. C. Bristol.- Parsons, G. and Williams, J.S. Bristol. Sims, CHRISTOPHER, wharfinger, Dimmock's-wharf, Upper
Gazette, June 27.
30, at hall.
Bisset, R. merchant, Laurencekirk, June 30 and July 21, 1 - Pitt, E, H, and Gibbon, The Square, Kensington.-Poul. at half-past twelve. Basinghall-st. Com. Goulburn.
at V‘Bean's Hotel, Laurencekirk.-Struthers, J.clerk, Glas. son, J. and Williams, W. Churcb-lane, Whitechapel. - Ro. as. Green. Sol. Whitfield, Lincoln's Inn-fields. Fiat, gow, June 30 and July 21, at the Buck's Head Hotel,' Glas. gers, I. and E. Grey Eagle-st. Spitalfields.- Walker, B. B. June 21. Bankrupt's own perition. gow. – Thomson, J. wright, Glasgow, July 4 and 25, at
and Foster, J. Leeds.- Warburton, R. and W. Leicester.Smitu, BENJAMIN, tailor and draper, Ashton-under-Lyne, the Star Hotel, 'Glasgow. – Wyllie, G. and Johnston, 'w. Younger, W. H. acd W. Strand. Lancashire, July 26, at eleven, Manchester, Off. as. Pott. Har spinners, Dundee, July 5 and 26, at the British Hotel,
DIVIDENDS. Sols. Reed and Co. Friday.st. and Sale and Co. Manches. Dundee.
Bankrupts' Estates. ter. Fiat, June 16. Pet. cr. W. Bryan, merchant, Man.
Gazette, June 20.
Official Assignees are giren, to whom apply for the
Dividends. Watson, Robert Henry, manufacturing chemist, 5, Knight, T. boot and shoe manufacturer and confectioner, Eldon-hl. Vauxhall, June 29 and Aug. 7. at half.past Uppingham, June 10. Trust. R. Watson, leather seller, Up Biker, R. tailor, first, Ojd. Whitmore, London.-Clarke
Anson, T. stationer, first, Is. 5d. Cannan, London.twelve, 'Basinghall-st. Com. Shepherd. Off. as. Graham. pinghan. At the office of J. Jones, gent. Stamford.-Scour. Sol. Hutson, Upper Clifton-st. Finsbury. Fiat, June 19. field, J. Swansea, June 13. Trusts. w. Pluinner, and E. and Co. bankers, third and final, 5s. Christie, Birmingham.
Whi:more, Bankrupt's own petition. Cole, linen merchants, Bristol. Sols, W. L. and C. Clarke, --Cork, G. livery stable keeper, first, 3s. 6!d.
Whit. WATTS, WILLIAM draper, Ashton-under-Lyne, Lancashire, Bristol.-Tingate, J. grocer and draper, Allendale Town. London. --Gadsby, J. wine merchant, first, 5s. 23.
July 7 and: 27, at eleven, Manchester. Off. as. Hobson. May 4. Trusts. T. Forster, auctioneer, Woolley, Allen: more, Birmingham.--Green, J. wine merchant, second, 3d. Sols. Reed and Co. Friday-st. and Saie and Co. Manches. dale, and W. Appleby, miner, Allendale Town. Sol. Gib.
Cannan, London.--Hawkesford and Hrukesford, iron foaf. ter. Fiat, June 14. Pet. crs. C. Brown, J. Brown, W. son, lexham. - Vickers, W. jun. nursery and seedsman,
ders, first, 2d. Valpy, Birmingham.-Hood, R. draper, Morcom, J. Hounsfield, J. Morgan, and F. Bligh, mer.
Holywell, May 3. Trusts. G. ilenry, Bagile, J. Williams, first, 3s, 6d. Whitmore, Birmingham.- Jay, J. T. surgeon, chants and partners, Manchester.
Mold, and J. Prichard, Chester. sol. Hostage, Chester. - first, 45d, Cannan, London. -- Penn, W. victua'ler, first, 6d. Weippert, JOAN CHARLES, music seller and publisher: Willis, G. and Schmidt, L. tailors, St. James-st. April 25. Turner, Liverpool.- Roberts, J. and Son, ironmongers, first,
and professor of music, Soho.89. July 3 and Aug. 7, at Trusts. S. Addington, St. Martin's-lane, C. J. East, Bond: 38.; sep. J. Roberts, 20$. Turner, Liverpool. - Ryland and one, Basinghall-st. Com. Shepherd. 0.F. as. Turquand. st. J. H. F. Browo, Vigo-st. w. Barber,'st. Paul's Church: Ryland, metal workers, first, 2s. Christie, Birmingbam. Sol. Jervis, Laurence. Pountnes.hill. Fiat, June 20. yard, warehousemen. Sol. Cattlin, Ely-place.
Insolvents' Estates. Bankrupt's own petition.
Gazette, June 23.
Apply to the Provisional Assignees' Office, Portuzal-street, WILKINSON, GEORGE, jun. joiner and builder, Louth, Lin. Robinson, R. dec. innkeeper, Tenbury, June 3. Trusts. Lincoln's-inn-Fields, London, between the hours of Tex colnshire, July 5 and 26, at half past ten, Kingston upon T. Bangham and W. Giles, maltsters, Tenbury. Sol. Adams,
and One. Hull. Com. Ayrton. Off. as. Carrick. Sols. Coverdale and Tenbury.- Selman, S. jun. draper, Newport, May 11. Trust. Burber, G. carpenter, 3s. 21.-Castle, H. linen draper, Co. Bedford-row, Ingolsby and Co. Louth, and Wells and J. B. Walker. warehouseman, Friday.sl. sol. Heather,
Is. 60.-Cor, J. painter, 158. 60.- Cox, T. grocer, 2s. 50.Smith, Hull. Fiat, June 1. Pet. cr. T. Young, mer.
Paternoster.row.---Simon, J. publican and house painter Holdstock, B. straw hat manufacturer, 11d. - Robbins, J. chant, Louth, Lincolnshire.
Manchester, April 29. Trust. J. H. Young. brewer, Sal- licensed victualler. 1s. 4id.-Wells, J. bricklager, Is. WOODYATT, Joux, joiner and builder, Whitton, near North. ford. Sol. Porter, Manchester.– Toynbee, T. ahd Perrins,
DECLARATIONS OF DIVIDENDS. wich, Cheshire, July 10 and 27, at eleven, Liverpool. Com. J. D. card-board box manufacturers. Basinghall-st. and
Gazette, June 27. Perry. Off. as. Morgan. Sols. Sharpe and Co. Bedford. Boulogne, May 9.. Trust. E. Elliott, fancy stationer, Ruck. Besley, C. clerk in Plymouth Dockyard, Plymouth-furtber row, and Holland and Green, Northwich. Fiat, June 15. lersbury. Sol. Billing, King-st. Cheapside.
div. of 2s. Id. any Tuesday, at Hirtze's, Exeter.-Brown, R. Bankrupt's own petition.
grocer, Crosby, Lancashire-Ist div. of 25. June 29, and any Gazette, June 27.
Partner hips Dissolved.
subsequent Thursday, at Cazenove's, Liverpool.-Coscay, Browx, Charles, stone mason, New Sarum, Wiltshire,
Gwoo'stapler, Tiverton, Devonshire- Ist dir. of 16. 4d. any
Gazette, June 20. July 4, at three, Aug. 7, at half.past one, Basinghall-st.
Tuesday after June 27, at Hirtzel's, Exeter. -- Dobson, P.T. Off, as, Graham. Sol. Smith and Atkins, Serjeant's-inn, June 15.- Brooke, W. and Myult, cobalt and nickle re.
Bennett, J. and S. grocers and tallow chandlers, Bridport, draper, Tunstall, Staffordshire-1sé div. of Is. 34. June 27, for Kelsey, Salisbury. Fiat, June 23. finers, Birmingham, May 23.- Brydges, E. and Weyman Dredge, J. hotel kecper, Liverpool - Ist div. of 2.7 d. July
and any subsequent Tuesday, at Hobson's Manchester, CLAY, WILLIAM, warehouseman, Cheapside, July 15, at half-past eleven. Aug. 5, at half-past twelve, Basinghall- jun. merchants, Bristol, June 13.--Cave, R. and Lyde, G.F.1-Ewens, G. D. butter merchant, Axminster-further div.
T. ironmongers, Tewkeshury, June 24.-Bush, H. and H. 5, and any subsequent Wednesday, üt Morgan's, Liverpool. Off. as. Follett. Sol. Fisher, Doughty-st. Fiat, drapers, Cwm Avon, May 21.-Clearer, J. and Watson, H. of 2s.6d. (in addition to 28. 6d.), any day after July 3, at June 24.
Roman cement manufacturers, Pimlico, Sittingbourne, and Hernaman's, Exeter.-Griffith, R. E. ercise officer, BampEMMERSON, WILLIAM, banker, North Shields, July 7, at
Harwich, June 17. Debts paid by Watson. Edwards, J. twelve, Aug. 18, at one, Newcastle-upon-Tyne. Off. as.
ton, Devonshire--Ist div, of 2s. any Tuesday, at Hirtzel's, Baker. Sols. Chisholme and Co. Lincoln's inn-fields, and --English, w. sen. and w. jun. millwrights, Newark-upon--2nd div. of 3s. any Tuesday after June 27, at Hirtzel's,
A. and Dohren, E. Von, merchants, Savage-garden., June 20. Exeter.-Lungworthy, J. licut. R.N. Popsham, Desodshire Harle, Newcastle-upon-Tyne. Fiat, June 12. Every, Joan, Sen. ironfounder, Lewes, Sussex, July 6, at Ardwick, June 17. Debis paid by Garnett. - Green, J.
Trent, June 10.-Garnett, J. and Allan, H. coach builders, Excter.-- Metford, J. wine merchant, Bath- Ist dis. of !s. half.past twelve, Aug. 14, at eleven, Basinghall-st. of. Brook, 'R. and Robinson, W. stone masons, Lockerby, Bristol.- Pearce, J. J. baker, Kenton, Devonshire-1st div.
June 29, and any subsequent Wednesday, at Acraman's, as. Turquand. Sols. Lindsay and Co. Gresham-6t. Fiat, March 6.-Hall, W. and Black, C. surgeons, Chesterfield, of is. 6d. any Tuesday after June 27, at Hirtzel's, Eseter:
Dec. 31, 1847. Debts paid by Hall.- Haworth, C. Coyle, Prince, H. iurrier, Exeter-Ist. div. 15. 3d. ans Tuesday Surrey, July 3, at two, Aug. 14, at half-past eleven, Ba. singhall-st. Off . as. Graham. Sol. Crafter, Blackfriars- gins, V. T. and Bally, H. commission merchants, Liverpool, zel's, Exeter.-Winter, J. Stoke-under-Hamdon, Sonerset.
Lower Darwen. June 10. Debts paid by Deighton.-Hig. Exeter-Ist div. of Is. any Tuesday after June 27, at Hirt. road. Fiat, June 26. HILL, Thomas, and stock, Heney, manufacturer of slate spinners, Bradshaw, March 27.-Jordan, w., H. B. and Hirtzel's, Exeter.
June 17.-Horrocks, H. and Shuttleworth, R. (dec.) cotton shire-further div. of 3s. any Tuesday after June 27, at goods, Tremadoc, Carnarvonshire, July 19 and Aug. 4, at Bragge, c. w. commission agents, Bristol, April 30. twelve, Liverpool. Off. as. Turner.
Sols. Bircham, Debts paid by W. Jordan.--Messenger, J. H. and Comb, J.
Meetings at Basinghall-street.
Gazette, June 20. 8, at twelve, Bristol. Off. as. Miller. Sols. Bubb and bury, City, June 17.-Skippy, W. and Fishpool, T. J. City, July 13, at one, dir.-Bourdon, J. L. and Jeugens,
Lesley, A. and Bardgett, W. merchants, Old Broad-st. Co. Cheltenham, and Walton, Bucklersbury. Fiat, licensed horse slaughterers, Vale Royal, Islington, June 1. June 21.
P. I. sugar refiners, Finch-st. Whitechapel, June 30, at MITCHELL, GEORGE West, lodging-house-keeper, Bristol,
Debts paid by Fishpool.-Smith, H., R. and J. carriers, eleven (adj. June 16), joint div.--Children, G. banker, TunJuly 14 and Aug. 17, at eleren, Bristol.
Halesworth and Ipswich, so far as regards H. Smith, June bridge, Kent, July 13, at half.past eleven, dis-Collett, C.
Offas. Hutton. 10.-Stevens, W. and Marriott, F. proprietors of the peri- M. attorney, Lincoln’s-inn-fields, July 11, at elevea, div.Sols. Rogerson, Lincoln's-inn-fields, and Williams, Bris. tol. Fiat, June 21. odical“ Chat," June 17.
Cooper, W., Wilson, C. and Black, G. straw hat manufae. MORGAN, RICHARD HENRY, licensed victualler, Mansfield.
Garette, June 23.
turers and furriers, Aldermanbury, July 13, at one, joint dir. place, Kentish-town, July 15, at twelve, Aug. 5, at one,
Abbott, D. and Swallow, M. tobacconists, Huddersfield, -Ellivtt, W. corn merchant, Petworth, Susses, July 13, at
June 21. Ayshford, T. B. and Chumberlin, J. wheelwrights, eleven, div.-Falkner, J. B. and Fabian, B. merchants and Basinghall-st. Off. as. Green. Sol. Dale, Furnival's-inn.
Drury-lane, June 8. Fiat, June 26.
Debts paid by Ayshford.-Croysdale, brokers, Old Broad-st. City, July 14, at twelve, div.-Ham. NEWMAN, James, builder, Ventnor, Isle of Wight, July 8
J., J., W. and A. dyers and ware grinders, Leeds, April 1, so mon, H. J. architect, Threadneedle-st. City, and jewel case
far as relates to A. Croysdale. Debts paid by the remaining maker, Greek-st. Soho, July 13, at eleven, div.--Horne, G. and Aug. 5, at eleven, Basinghall-st. Off. as. Green, Sols. Whitaker, Lincoln's-inn-fields, and Stokes, Cowes. verpool. June 17. Debts paid by E. Dean and Redhead. - ; eleven, sep. div. of Horne.-Ker, W. cabinet maker, Nere
partners.- Dean, J. and E. and Redhead, J. salt agents, Li- and Burghes, A. M. booksellers, Cheapside, July 11, at Fiat, June 24.
Ellis, W. and Birks, J. law stationers and stock and share inn-yard, Tottenham-court-rd. July 1, at twelve (adj. Vay PARRY, EDWARD, woollen draper, Hay, Breconshire, July brokers, York, June 14.--Fisher, J. Watling-st. and Perike, 6), last exam.-Parker, J. H. carrier, Castle and Falcon
11 and Aug. 8, at eleven, Bristol. Off. as. Acraman. Sols. J. Buston-pl. Lambeth, cheesemongers and general dealers, yard, Aldersgate-st. July 1, at one (adj. June 2), last exam. Holme and Co. London, and Prideaux and Son, Bristol.
June 20.-Gott, J. and Exley, W. clothiers, Rawdon, June Fiat, June 24.
- Pasco, T. upholsterer, Chichester, July 11, at eleven, div. Peacu, BENJAMIN, discount broker, Gravesend, July 3, at makers, jewellers, and glass dealers, Manchester, June 20. Martin's-lane, Charing-cross, June 27, at one (adj. War 19),
13. Debts paid by Exley.-- Greenhalgh, J. and H, watch -Regless, Skerratt, and Bousfield, woollen drapers, St. one, and Aug. 9, at eleven, Basinghall-street. Off. as. Stansfeld. Sols. Lawrence and Plews, Old Jewry-cham- Westminster, March 25.-Hill, L. A. M. and Kirby, M. E. July 13, at one, last eram.-Smith, T. licensed hawker,
Hawke, J. and w. builders, Billiter-st. and James-st. last exam.-Shaw, H. china dealer, Gerrard-st. Islington, bers. Fiat, June 22. RUODES, Joux, cotton spinner, Clegg-hall, near Rochdale, T. and Maynes, w. wool carders and fur blowers, Woodley i C, tailor, Change-alley, Cornhill, July !!,
at twelve, final schoolmistresses, Surrey-sq. Newington, June 22.-Jepson, Portsea and Birmingham, July 13, at eleren, aud. - Taylor, Lancashire, July 13 and Aug. 3, at eleven, Manchester. within Bredbury, Oct. 3, 1846.- Lord, J. and P.'ironmon. div.-Thompson, T. K. wholesale grocer, Great Tower-st. Off. as. Hobson. Sols. Bell, Bedford-row, and Heaton, gers, Scarborough, June 17. Debts paid by P. Lord.- July 13, at eleven, aud.-Webb, J. straw plait dealer, Luton,
Rochdale. Fiat, June 23.
Lownsborough, J. and Harding, J. jun. estate agents, Li. Bedfordshire, July 13, at eleven, aud.
FOR ALLOWANCE OF CERTIFICATES. Pennell. Sol. Haynes, Symond's-inn. Fiat, June 26.
Leigh, H. silk manufacturers, Manchester and Patricroft, SLATEB, GEORGE, ironmonger, Doncaster, July 8 and Aug. June 22. Debts paid by Booth and Leigh.-Norton, F.C. at eleven.---Dyne, W. corn dealer, Stoke Newington, Jals
Clarkson, J. retailer of beer, Woolwich Lower-rd. July 12, 8, at ten, Leeds. Off. as. Freeman. Sols. Lamont, Johnst. Adelphi; Collinson, Doncaster; and Bond and Barwick, June 6.- Parker, s. and Rayner, w. millers, Snow.hill of Wight, July 14, at one.-Hayward, R. brewer, Dorset.
Shrewsbury, and Morris, J. Knighton, drapers and grocers, 12, at twelve.--Hartley, H. R. hotel keeper, Ventnor, Isle Leeds. Fiat, June 20.
Birmingham, June 16.-Rendall, G. and A. merchants, st. Landport, July 12, at eleven.-Headland, E. M. lodging BANKRUPTCY ANNULLED,
Cape de Verd Islands, and Bathurst, March 7. Debts paid house keeper, Harley-st. Cavendish-sq. July 12, at twelve.Gazette, June 23,
by G. Rendall.-Sarage, F. and Honnywill, R. E. sugar Le Boutillier, D. draper, Commercial-rd. East, July 12, at
refiners, Bristol, June 7.-Smedley, J. and Whittaker, T. eleven.-Nokes, J. builder, St. George-the-Martyr, July 13, Beaman, J. iron manufacturer, Smethwick, June 20.- cabinet makers, 'Manchester, June 14. Debts paid by whit: at one.- Porter, J. cheese factor, Wormwood-st.
July 12, at Grove, W. T. sugar dealer, Arthur-st.-West, June 21. taker.-Sturling, E. Aldborough, and Atkinson, J.G, Nor. eleven.-Reay, J. jun. and H. wine merchants, Mark-lane,
July 14, at half-past one.- Rose, G. D. plumber, painter, Stafford.-Clarke, G. common brewer, Dunstable.—Dawson,
PETITIONS TO BE HEARD-TOWN.
Gazette, June 27.
July 11, at eleven.
Merser, T. the younger, tailor, Thames Ditton.-Wigg
shaw, J. draper, Brecon.-King, S. dealer in cutlery, Chel. B. plumber, painter, and glazier, Great Cambridge-st
tenham.--Martindale, D. warehouseman, Star.ct. Bread-st. Hackney-road.-Hughes, J. woollen factor, King-st. Hol.
July 12, at ten.
Maxted, J. grocer, Pinner, Middlesex.- Austen, J. A.
jeweller, Northampton-square, Goswell-road.-Grinver, W.
J. mast and block maker, Narrow-st. Limehouse.
July 12, at ten.
H. warehouseman, Holywell-lane.
Gazette, June 23.
July 13, at eleven.
ASSIGNMENTS FOR THE BENEFIT OF
Further particulars may be learned at the Office, in Por.
tugal-street, Lincoln's-inn-fields, on giving the number
of the Case.
Gazette, June 27.
Saturday, June 24.
Turner, J. builder, Bulwer-place, Notting-bill, No.
59,082 T.; G. Hodkins, assig.–Stevenson, G. builder,
sey, No. 59,865 T.; W. Collins, assig.- Preston, W. retail
dealer in ale, Salford, No. 68,915 C.; J. N. Dathan, and
B. B. Powell, assigs.-Broune, C. M. no trade, Ramsgate,
Eastover, Bridgwater, July 14, at ten, Bridgwater. Smith, tualler, Bredbury, near Stockport, No. 69,323 C.; J. D.
A. button blacker and spring hook maker, Walsall, June 28, Wilkington, assig.- Scott, J. carpenter, Helton, near Low.
at ten. Walsall. -Webley, J. C. cabinet maker and carver, ther, No. 69,367° C. ; R. Ferguson, assig.–Thompson, J.
Bristol, July 28, at eleven, Bristol.
jun. builder, West Hartlepool, No. 69,555 C.; G. Richard.
son, assig.- Arnet, T. brewer, Preston, No. 69,561 C.; J.
agent, Liverpool, No. 69,600 C.; A. Creighton, assig.-
Gazette, June 27.
July 12, at eleven.
Parsons, W. attorney-at-law, Landsdown-road, South
Gazette, June 23.
Lambeth.-Kele, J. W. licensed victualler, 152, High Hole
Court house, Portugal.st. July 7, at eleven.
July 13, at eleven.
Same day, at ten.
Gazelte, June 27.
At the County Courts.
Guildhall, Norwich, July 26.
Bayfield, S. R. fish agent, Norwich.
July 10, at eleren.
Taunton, July 11.
Draper, D. currier, &c. High-st. Wandsworth.-Hartley,
Paul, J. baker, Taunton.
Haverfordwest, July 21.
Truscott, J. jun. watchmaker, Pembroke.- Owen, J. sen.
Same day, at ten.
fanner, Trefurdan-issar, Pembrokeshire.-Owen, J. jun.
Adamson, H. cabinet maker, Grove.st. Camden-town. - farmer, Pantygrocs, Pembrokeshire. — Owen, w. farmer,
Ripon, July 12.
King, J, innkeeper, Ripon.
Gazette, June 23.
Cardiff, July 10.
At the County Courts.
Lancaster, July 7, at ten.
Strawson, G. S. land surveyor, Cardiff.-Thomas, J. out
of business, Merthyr Tydfil.
Durham, July 14.
Baker, J. grocer, Darlington.-Winspear, J. journeyman
mouth Shore.--Pallister, R. journeyman joiner, Darlington.
|--Clennett, J. paper ruler, Stockton-upon-Tees.
Richardson, J. hosier, New Oxford.street.-Thomas, w.
miller, Weston, Nottinghamshire.- Pilt, W. H. gas-light
Lancaster, July 8, at ten.
inspector, York-place, Pentonville. — Nelson, E. clothier,
Barker, R. tailor and draper, Oldham. Buckley, J.
Madeley, Shropshire. – Rickman, S. w. innkeeper, Hail.
Northumberland. - Yutes, W. earthenware manufacturer,
cotton weaver, Leyland. - Moore, J. drysalter and seedsman, turer, Plymouth.- Manley, J. grocer, Halifax, Yorkshire.-
Manchester.-Ogden, J. late cotton spinner, Manchester -- Saunders, J. and Turrell, E." publishers, Fleet-street.-
Betts, J. upholsterer, Winchester-Ellerbeck, R. cotton-
Maidstone, July 7, at ten.
spinner, Pilkington, Lancashire. --Bensly, G. draper, Glou.
Verchild, L. W. late clerk, Greenwich.
Lincoln, July 10, at ten.
OLICITORS' and GENERAL LIFE
57, Chancery-lane, London,
Gloucester, July 10, at ten.
This Society presents the following advantages to the
First. The security of a large subscribed Capital.
Exemption of the Assured from all liability,
Third. Tables of Premiums, calculated on the true law of
Gazette, June 27.
mortality, expressly for this Office, and affording particular
Bigford, J. gentleman's servant, Greenhithe, Kent.- advantages to young lives.
Blight, J. dealer in ginger beer, Plymouth. - Cary, R. Fourth. Participating and Non-participating Scales of
periodically, either by way of addition to the
Gutsole, W. jun. victualler, Canterbury.- Heslop, L. C. sur. profits belonging to the Assured for interest on Capital, or
geon, Haverfordwest, Pembrokeshire. - Hopkinson, W.F. Guarantee Fund.
Lloyd, J. Sixth. No Policy disputed, except in case of fraud.
of the Paul Pry coach, Gloucester.-Millard, J. licensed to the Assured, and at a lower rate of Premium, than the
victualler, Langport, Somersetshire.-Molyneux, P. P. pro great majority of other Life Offices.
fessor of music and dancing, Liverpool.- Parris, J. farmer, Eighth. Partics wishing to assure their lives without par.
CHARLES JOHN GILL, Secretary.
FASURANCE, AND ANNUMTE SOCIETY,
CLERICAL, MEDICAL, and GENERAL
AW.-T. J. WESTWOOD, Law Sta-
THE PRACTICE of MORTGAGES of
12, Chatham-place, Blackfriars, London,
John Fuller, esq. Deputy Chairman.
LAW Times Office, 29, Essex-street, Strand.
Robert Bruce Chichester, esq. Elliot Macnaghten, esq.
H. B. Henderson, esq.
Just published, price 8s. with Key, 188. 6d.
C. H. Latouche, esq.
Joshua Walker, esq.
VERMAN in ONE VOLUME; containing Edward Lee, esq. Major Willoek, K.L.S.
Thirty per cent. Bonus was added to the Society's Policin
on the profit scale in 1845. The next valuation will be i
“ The plan of this book is clear, comprehensive, and tho- January 1852.
ANNUAL PREMIUMS WITH PROFITS,
Age 20 Age 25 Age 30 Age 35| Age 40 Age 45: Age 58 Age os
which exist chiefly in the clumsiness of the systems by
which it is taught, and not in the language itself."-- Atlas. £s.d. £s.d. £s.d. £s.d.£ s.d.' £s.d. £s.dud
6 per sheet.
“ We consider this volume to be without any competitor." 1 17 9 2 3 11 2 9 712 16 2 3 6 93 10 2/1 10 6 576
I per folio.
The Society also grants Policies to parties proceeding to
0 14 ditto. knowledge and rapid progress in the study."- Morning
or residing in India, at lower rates than any other Office, the
"Had we to recommence the study of German, of all the premiums on which may be payable either in London or at
the Society's Office in Calcutta.
Annuities o: all kinds, as well as Endowmenta iot Chil.
dren, are granted by the Society.
The usual commission allowed to Solicitors and others,
Joan CazesoTE, Secretary.
Class Rooms, 85, Newman-street, Oxford-street.
LIPE ASSURANCE SOCIETY.
In addition to the ordinary Assurance of Healthy Lives,
this Society, early in the year 1924, originated the pin e
ROGRESS OF MUSIC.-Within the last granting Policies on the lives of Persons more or les deri
twenty years, Music, considered as a branch of polite ating from the standard of health. Haring issued one.
education, has made marked progress in this country. There fourth of the whole number of Policies on Lises of the de
are few here, now-a-days, with the exception of the lower scription, the Board have recently caused a careful prerigt.
classes, who are not in some degree acquainted with this tion into this branch of the business to be made The resal
delightful art. The music.publishers in ihe metropolis, by of this investigation has proved highly satisfacer as a the
continually making public the productions of the first pro past, and encouraging for the future. The du derived
fessors, have contributed in a great measure to fosterinis from long experience in this class of cases, adestusteis
feeling. Mr. Rohert Coeks, of New Burlington-street, has available by this Society, enable the Directan ta sera
confidence the r conviction that the system gospodal
and foreign, is a leviathan list. The works of May eder, that upon which the scale for Healthy Lives is sonkrusted.
De Beriot, Lanner, Labirzky, Strauss, Camile Schubert, TABLE OF PREMIUMS FOR ASSURING ledl. es
For 7 Years, For 14 Years,
Payment of Payment of
€ s. d. E s. d.
1 13 6
2 13 11
5 16 3 6 19 11
song-writers have been made known to us by this firm; The two first Divisions areraged 221. per cent se 2 P.
to hear that Mr. Corks has been successful in his musical propriation and other causes, the Bonuses hercate de e-
speculations. For twenty-five years he has devoted himself pecied to exceed that amount.
to the science of music, and contributed greatly to the The Soc ety's income, which is steadily increasi-z is a
wants of the music-loving amongst us; it is only right, upwards of 122.0001. per annum.
GEO. H. PINCKARD Auery.
No. 99, Great Russell-street, Bloomsbury, L.
New Catalogues gratis, and postage free.
The usual Commission allowed to Solietor
QUITY and LAW LIFE ASSURANCE
SOCIETY, No. 26, Lincoln's-inn-fields, Lisdeu.
The Right Hon. Lord Monteagle.
The Right Hon. the Lord Chief Baron.
The Hon. Mr. Justice Coleridge.
The Hon. Mr. Baron Rolfe.
The Hon. Mr. Justice Erle.
Nassau W. Senior, esq. Master in Chasery,
C. P. Cooper, esq. Q.C., LL.D., F.R.S.
George Capron, esq.
AW FIRE INSURANCE
Parties assuring within six months from their less
Notice is hereby given, that the BOOKS for TRANS. charged, and premiums may be made parable ball seady.
Polii ies in which third parties are interested, ifte
assured go beyond the prescribed limits without se k
ledge of such parties, may be renewed.
The Tables, calculated from the national retores,
on the 11th of May last, will be payable at the offices of the especially favourable to young and middle-aged ches.
Assurances may be effected on an asceudng scale, at &
quent day (Friday excepted), between the hours of eleven very reduced rate, for the first seven years.
80 per cent. of the profits are divided amongst the end
By order of the Directors,
The usual commisions allowed.
E. BLAKE BEAL, Secretary. TICTORIA LIFE ASSURANCE CON.
AW FIRE INSURANCE SOCIETY.-
Residence in many of the Colonies allowed, vil sis
Offices, 5 and 6, Chancery-lane, London.-Subscribed tional churge, and the premium required for the E"
West Indics, and other extra risks, is more than usual.
On Policies taken out for the whole term of life. Get
Jenner Fust, Dean of the of the Annual Premiums may remain unpaid till death. is
parties are enabled to effect an assurance, say for 1,256
William Wingtield, esq.
the payment of Premium on 8001. only.
The half-credit system for Five years is also adopted
Chancellor of England Richard Richards, esq. M.P.
Fuur-fiths, or 80 per cent. of the entire profiss art 47
priated to assurers entitled to share therein.
The Bonus at the last division averaged 23 per certa
Insurances expiring at Midsummer should be renewed
the amount of premiums paid.
Advances continue to be made to Assurers on assisse
property or income, and also on the guarantee oi nosi ut
doubted personal sureties.
E. BLAKE BEAL, Secretary.
WILLIAM RATRAY, Actuary and Secretary.
i Bro. C. C. 293, Belt's edit.; Jones v. Colbeck, 8 increase, and dividends. I give and bequeath to and CONTENTS,
Ves. 38; Pope v. Whitcomb, 3 Mer. 689; see S. C. among my heirs-at-law, share and share alike." Page
2 Sugd. (powers), 605 ; Miller v. Eaton, Sir G. Coop. Having in view a provision for certain persons not to EquityLord Chancellor's Court
305 Rep. 272; Newlon v. Arpcough, 19 Ves. 534; Briden be permanent, except in particular events, he no Rolls Court .....
v. Hewleit, 2 Myl. & K. 90; Butler v. Bushnell, 3 longer declares any trust of the fund as a property, Vice-Chancellor of England's Court
306 Myl. & K. 232 ; Clapton v. Bulmer, 5 Myl. & Cr. but, in truth, lets it fall into the residue of the estate, Vice-Chancellor Knight Bruce's Court..
108 ; Minter v. Wraith, 13 Sim. 52 ; Booth v. Vicars, giving the fund subject to such prior gift to his heir, Vice-Chancellor Wigram's Court
i Col. C. C. 6; Wordsworth v. Wood, 1 H. L. Ca. wbo, being his daughter, was bis general and reCommon Law Court of Queen's Bench
308 128; 11 Jur. 593; Say v. Creed, 5 Hare, 580; 11 siduary legatee. In all the particulars in wbich the Crown Cases Reserved
310 Jur. 593. They commented on Harrington v. Harte, bequests differ, the differences in the case of HolloCourt of Common Pleas
310 1 Cox, 131; Holloway v. Holloway, 5 Ves. 399; Doe way v. Holloway are in favour of the claim of the Exchequer Chamber
v. Lawson, 3 East, 278 ; Slert v. Platel, 5 Biog. N.C. future heirs; but Lord Alvanley, acting on the au. Ecclesiastical
434; Smith v. Smilh, 12 Sim. 317; Urquhari v. Ur. thority of the earlier cases, helil that the heirs.at-law Arches Court
quhart, 13 Sim. 613; Boydell v. Golightly, 14 Sim. at the testator's death were the parties described. Nisi PriusCourt of Queen's Bench
315 327; Nicholson v. Wilson, Id. 643; De Beauvoir v. Such, he says, was the intendment of the law, and LEGISLATOR-Summary
De Beauroir, 15 Sim. 153 ; Seifferth v. Badham, 9 such must be understood to be the meaning of the tes. Business of Parliament........
Beav. 370; Jarman on Wills, vol. 2, p. 54. They tator, upless by the context or express word sit plainly Debates in Parliament
315 also contended, that by the words "heirs-at-law," appears that he intended otherwise, of which he did MAGISTRATB-Summary
that case. COUNTY COURT8-Summary .... were meant next of kin, and cited Vaux v. Henderson, not find any sufficient proof
But if 317 LAWYER-Summary .....
I J & W. 388; Gwynne v. Maddock, 14 Ves. 488; Lord Alvanley could not find such proof in that case, QUERIES ON Points OF PRACTICE
314 Mounsey v. Blamire, 4 Russ. 384 ; Githings v. I certainly cannot find it in this, thinking as I do PROMOTIONS, APPOINTMENTS, &c.......... ......... 317 M'Dermott, 2 Myl. & K. 69; Evans v. Salt, 6 Beav. there was much evidence on the face of the will tendCOURT PAPERS................ 317 266.
iog to that proof in Holloway v. Holloway, which is
Rolt and Bazalgette, for the heir-at-law of the tes wanting in the present case. There is, indeed, noStamps on Transfers of Mortgages..
tator at the death of the daughter, contended, that, thing of such tendency in this will, except the deNOTICES TO CORRESPONDENTS
319 LRADING ARTICLES
at the death of the daughter, the heir-at-law of the scription of “ heirs" in the plural. I bave already The Law Institution...
319 testator, not the next of kin, was entitled. They observed, there are in Holloway v. Holloway similar The Attorney (Eighth Article)
319 cited the following cases in support of the claim of inadaptations of the expressions used to the state of the Effect of a Final Order for Protection under 7 & 8 the heir-at-law at the death of the daughter: Moun- family, and there is, I think, in the present case a Vict. c. 96.
sey v. Blamire, Evans v. Salt, and De Beauvoir v. very obvious solution of the apparent inconsistency. Sham Lawyers. The Verulam Reports
De Beauvoir (sup.); Danvers v. The Earl of Claren- Suppose the testator, after making all such provisions NECROLOGY-W. S. Badger, esq...
321 don, 1 Vern. 35; Pleydell v. Pleydell, i P. W. 748 ; as he was anxious ab ut, found that, in certain BIRTHS, MARRIAGES, AND DEATAS
The Attorney-General v. Malkin, 2 Phil. 64 ; Viner's events, all those provisions might fail, baving no NOTICES OF New LAW Books
Abr. vol. 14, p. 258, G.5; Co. Litt. 10, a; Shep. further object in view he might naturally wish Kime's Practical Hints.. 321 Touch. 446.
that the law with respect to the disposition of pro. GAZETTES
Bethell, J. Parker, and Hetherington, for the ad- perty should, in that event, take its course. If he had
ministration of the estate of the daughter as heiress- so expressed his wishes, his heirs and next of kin THE REPORTS.
at-law of the testator at the time of his death, sup- would take in the event of the provisions failing; but
ported the decision of the Vice-Chancellor, and con- as that might not take place till some distant period, Equity Courts.
mented on Harrington v. Harte, Holloway v. Hollo. it would be uncertain who would till that time stand
way, Jones v. Colbeck, Stert v. Platel, Clapton v. in the place of such heirs, and the testatur might, LORD CHANCELLOR'S COURT.
Bulmer, The Attorney-General v. Malkin, Seifferth therefore, naturally express such wish in the terms v. Badham, Say v. Creed (sup.). They also referred be has used in this will. It is not at all inconsistent
to Spink v. Lewis, 3 Bro. C. C. 355, Belt's edit. ; with such an expression as to failure or contingent Nov. 13, 1847, and Jan, 29, 1848. WARE v. ROWLAND.
O'Keefe v. Jones, 13 Ves. 412, 415 ; Pearce v. Vina interest, that he should give the residue of his pro
cent, 2 Myl. & K. 800 ; Withy v. Mangles, 10 CI. & perty by a direct gift to his daughter by name; he Bequest to heirs-at-law-Vesling. Fin. 215.
might, for instance, have contemplated the possiTestator having directed the purchase of stock to secure
Glasse appeared for the plaintiffs, the trustees. bility of his daughter's death in his own lifetime. an annuity to his daughter for her life, and on her death without issue, after directing the payment
C. P. Cooper and Younge, for other parties. Since Holloway v. Holloway several cases have oc-
curred, particularly Jones v. Colbeck, 8 Ves. 38, and thereout of certain legacies, gave all the rest and
Saturday, Jan. 29. - The LORD CHANCELLOR.- Miller v. Eaton, G. Coop. Rep. 272, which might residue of the said principal trust moneys, with the supposing the case of Hollooay v. Holloway, 5 Ves. have been supposed, on the authority of Holloway v. heirs-at-law, share and share alike : the daughter 399, to lay down the rule correctly, I have no doubt Holloway, to have received a decision diferent from
In that case, as in this, that pronounced in them by Sir W, Grant; but in having died without issue, it was held that the stock the testator had a daughter, to whom he gave the in- pone do I find any disapprobation expressed of the passed to the heir-at-law of the testator at the time terest for life of a sum of money, which he directed decision of Lord Alvanley, or any intention enterof his dealh.
to be taken out of his general estate and invested. tained of overruling it ; but in all distioctions are Phil. Slater, the testator in the cause, made his In that case, as in this, after the daughter's death, taken, which, whether tenable or not, leave the will, dated the 18th of July, 1808, and thereby, her children, if any should be living at the time of her authority of that case untouched. In none, how. amongst other bequests, and after baving appointed death, were to have the fund ; if she left no children, ever, of these cases, are there circumstances so strong bis wife and Thomas Burhitt and Sparrow Toms part of the fund in Holloway v. Holloway was to be in favour of the heir as are to be found in the present. joint executors of bis will, directed that his executors held in trust for the personal representatives of the There is, I think, po ground for the claim of the next should lay out so much money in the Three per Cent. daughter, and the remainder of the fund in trust for of kin, exclusive of the daughter; and, she filling the Reduced Annuities as would purchase 600l. a year, such person or persons as should be the testator's character both of heir and next of kin, no question and permit his wife to receive such annuity during beir or heirs at law, In the present case, in the arises as to whether she took the fuod in one charac. her life ; and after the decease of his wife, in trust to event of the daughter not having children, the ter or the other. I therefore think the decree is pay the said annuity to his daughter, Anna Maria, trusts are “then," that is, in that event, to right, and that the appeal must be dismissed with during her life, to her separate use, and after the de- sell the trust-moneys, and pay thereout to two costs. cease of his said daughter, to apply and distribute other persons a certain part, if they should be the said principal trust-moneys amongst the children of severally living at that time; and then follow these
ROLLS COURT. his daughter, if more than one, equally, at their re- words :-“All the rest and residue of the said prin. spective ages of twenty-four years; but if there should cipal trust-moneys, with the interest, increase, and
May 5, 12, and 29. be no children of bis said daughter, or all should die dividends, I give and bequeath to and among my
Lewis v. BALDWIN. under the age of twenty.four years, then the testator heirs-at-law, share and share alike;" and in a sub- Practice—General Orders of May, 1845-Service of directed his said trustees to sell out the said trust. sequent part of the will the testator gives all the re
subpæna out of the jurisdiction-Discretion of the moneys, and to pay thereout two legacies of 500l. sidue of his property to his daughter, by name. In Court-Shifling jurisdiction. each, and then proceeded as follows :-“ All the rest both cases the word “then” is to be found, and An Act haring been obtained to carry out the objects of and residue of the said principal trust-moneys, with in both it refers to the event, not to the time. In a projected Irish railway company, and a large capital the interest, increase, and dividends, I give and be. Holloway v. Holloway, part of the fund to be sepa
having been subscribed, the directors of the company queath to and among my heirs-at-law, share and rated from the rest was, in the event of the daughter entered into an arrangement with another Irishrailway share alike. The will then contained a provision for not having children, to be hers absolutely, and the company, whose works were in progress, for an the appoiotment of new trustees, and a general re, gift to the heir was of the remainder of the fund;
amalgamation, and the payment over to the amal. siduary devise and bequest of all the testator's real whereas, in the present case, is the persons to whom gamated company of the subscribed capital, one of and personal estate to bis said daughter Anna Maria, a part of the fund was given did not survive the the shareholders of the new company, resident in and her heirs for ever. The daughter survived the daughter, the gift to them was not to take place; in England, thereupon filed a bill against the directors, testator and bis wife, and died without issue. In which case, therefore, such part continued and con- all of whom, except one, resided in Ireland, and February 1845 the trustees filed the present bill for stituted part of the general fund, and would pass with
against the other company, who necessarily resided administration of the testator's estate. The sum of it and to the heir. In Holloway v. Holloway, the in Ireland, to restrain them from carrying the ar20,000l. Three per Ceot, Reduced Annuities, which trust for the heir is to “such person or persons as rangement into effect, and obiained an der, under had been invested to produce the annuity of 6001. was shall be my beir or heirs-at-law.” There being at the
the 33rd of the General Orders of May, 1845, auclaimed by the administrator of Anna Maria, the testator's death three daughters, who were his thorising the service of the subpæna of this Court daughter, who was the testator's heiress-at-law at co-heiresses. at-law and next of kin. The word upon the defendants in Ireland, requiring them to the time of his death ; by the next of kin of the tes.
" shall” tator at the time of his death ; by the heirs-at-law of heirs at a future time. In the present case, there
seem to describe persons who should become appear to and answer the bill, and all other proceed.
ings therein. A motion being made to discharge this the testator at the death of the daughter ; and by the being but one heir and next of kin, the testator gives
order, on the ground that it was in the discretion of next of kin of the testator at his death, exclusive of to and among "his heirs-at-law, share and share the Court to grant such an order, and it would be his wife and daughter. The Vice-Chancellor of Eog- alike.” He uses the plural, though there was but inexpedient in such a case to do so : land having held that the administrator of the
In Holloway v. Holloway, the testator used the Held, that, looking at the simple fact of a contract daughter, as heiress-at-law at the time of his death, singular number, though there were three heirs ; he existing between the plaintiff and the defendants, one to be entitled, the next of kin of the testator at the also describes the duty of the trustees to arise upon of whom, at all events, was within the jurisdiction, death of his daughter appealed from that decision,
the death of the daughter without issue. In the the order ought not lo be discharged; but the defend. Humphrey and Bales, for the next of kin of the present case, after describing these duties as to ants (the company included), ought to appear, or testator at the death of his daughter, A. M. Slater, a portion of the ds to be set apart and paid bear the consequences; though, when the case came to contended, that the parties who filled the character
to other persons, he makes a new and distinct the hearing, there would be nothing to prevent the of heirs-at-law at the death of the daughter was gift to the heirs ; “ all the rest and residue of
reconsideration of the question of convenience or in. entitled. They cited and referred to Marsh v. Marsh, the said principal trust-mopeys, with the interest,
convenience. A conditional appearance was necesVOL. XI, No. 275.