in the Gaol of Bristol.-Wm. Walker, Pudsey, near Leeds, Yorkshire, cloth weaver: in the Gaol of York.-J. Clapham, Otley, Yorkshire, gardener: in the Gaol of York.-James Shuttleworth, Bradford, Yorkshire, beer-house keeper: in the Gaol of York.-Lancelot A. Hesling, Leeds, Yorkshire, quarryman: in the Gaol of York.-Henry Whitehead, Thornhill Lees, near Dewsbury, Yorkshire, out of business: in the Gaol of York.-Thos. Lupton, Bradford, Yorkshire, assistant to a rag dealer: in the Gaol of York. — Samuel Taylor, Halifax, Yorkshire, farm labourer: in the Gaol of York.

TO SOLICITORS.-WANTED, a respectable and in-
in the formation of a Public Company of importance and magnitude.
Apply, by letter, to A. B. W., Jurist Office, No. 3, Chancery-lane,
TO SOLICITORS.-A Gentleman, admitted in 1844, and

fluential SOLICITOR or FIRM to attend to the Legal Business

London.

established in an old and highly respectable practice, is desirous of entering into PARTNERSHIP with a SOLICITOR wishing to retire from the active business of the Profession. Address G. H., at Mr. Moulton's, Law Stationer, Chancery-lane.

This day is published, in 12mo., price 10s. 6d. cloth,

MANUAL of CIVIL LAW; or, Examination in the

Institutes of Justinian: being a Translation of and Commentary
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Just published, in 12mo., price 4s. 6d. cloth,

THE LUNACY REGULATION ACT, 1853, and the
copious Index, (forming a Supplement to "The Outline of the Practice
in Lunacy"). By JOSEPH ELMER, of the Office of the Masters in
Lunacy.
Stevens & Norton, Bell-yard.

GENERAL ORDERS in LUNACY; with an Introduction and a

Thomas Wright, Birmingham, carter: in the Gaol of Co-A.
ventry.-George Rackstrow, Holywell-street, Oxford, soli-
citor: in the Gaol of Oxford.-John Hutchin the younger,
Norwich, out of business: in the Gaol of Norwich.-Thomas
Pitt, Brampton Abbotts, Herefordshire, sawyer: in the Gaol
of Hereford.-John Craven the younger, Lidget, near Keigh-
ley, Yorkshire, joiner: in the Gaol of York.-Thos. Thorpe,
Milns Bridge, near Huddersfield, Yorkshire, cloth miller: in
the Gaol of York.-George Bretherick the younger, Bramley,
near Leeds, Yorkshire, cloth manufacturer: in the Gaol of
York. Henry Tasker, Dore, Derbyshire, publican: in the
Gaol of York.-Wm. Richardson, York, out of business: in
the Gaol of York.-Henry Bairstow, York, out of business:
in the Gaol of York.-James Bannister, Bramley, near Leeds,
Yorkshire, cabinet maker: in the Gaol of York.-J. Holroyd,
Middlesbrough, Yorkshire, licensed victualler: in the Gaol of
York.-Alexander Heslin, Bramley, near Leeds, Yorkshire,
cloth manufacturer.-John Webster, Leeds, Yorkshire, shoe-
maker in the Gaol of York.-James Henry S. Wildsmith,
Wolverhampton, Staffordshire, manager of chemical works:
in the Gaol of Stafford.

The following Prisoners are ordered to be brought up before
the Court, in Portugal-street, to be examined and dealt
with according to the Statute:-

May 16 at 10, before Mr. Commissioner MURPHY. Francis John Attfield, Waterloo-place, Shepherd's-bush,

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The following Prisoners are ordered to be brought up before a Judge of the County Court, to be examined and dealt with according to the Statute:—

At the County Court of Sussex, at LEWES, May 16. Charles Wakeford, Brighton, out of business.

At the County Court of Devonshire, at EXETER, May 16 at 10.

Susanna Sherwill, widow, Crediton, innkeeper-J. Pease, Plymouth, hatter.

At the County Court of Staffordshire, at STAFFORD, May 17
at 11.

William Plant, Dresden, near Longton, out of business.—
George R. Hopkins, Kingswinford, national schoolmaster.
At the County Court of Gloucestershire, at BRISTOL,
May 18 at half-past 10.

Edwin Newman, Weston Zoyland, Somersetshire, miller.
At the County Court of Norfolk, at the Shirehall,
NORWICH CASTLE, May 19 at 10.

John Hutchin the younger, Norwich, out of business.
At the County Court of Norfolk, at NORWICH, May 19.
James Bull, Little Walsingham, dealer in flour.

COUNTY COURTS.-It appears that the Law Officers of the Crown have given an opinion to the effect that it is not necessary that the instrument of appointment of a county court judge should be stamped. It is presumed, therefore, that such of the judges as have had their appointments stamped, in compliance with the orders of the Treasury, will have their money returned

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the Parish of St. George, Bloomsbury, in the County of Middlesex.→ Saturday, May 6, 1854.

NAMES OF THE CASES REPORTED IN THIS NUMBER.
COURT OF CHANCERY.

In re The Sea Fire and Life Insurance Company, and
in re The Joint-stock Companies Winding-up Acts,
1848 and 1849, ex parte Greenwood.-(Joint-stock
Companies Registration Act-Liabilities of Part-
ners not limited-Official Manager-Call for Costs) 387
COURT OF APPEAL IN CHANCERY.
Wing v. Harvey.-(Policy of Insurance-Local Agent,
Authority of-Forfeiture, Waiver of) ............

.......

394

PRICE 18.

COURT OF QUEEN'S BENCH-(Continued). Non-repair-Costs-Distress-Surveyor-5 & 6 Will. 4, c. 50, ss. 95, 103)...

399

Reg. v. The Inhabitants of Sandon.-(Non-repair of
Highway-Indictment preferred at Assizes-Cer-
tiorari-5 & 6 Will. 4, c. 50, ss. 95, 107)........ 401
Reg. v. The Inhabitants of Bengeworth.-(Settlement
-Payment of Rates—Authority from Pauper) .. 402
COURT OF COMMON PLEAS.

Taylor v. Best.-(Privilege of an Ambassador from
Suit-7 Ann. c. 12-Public Minister)..

COURT OF Exchequer.

.... 402

........

Allum v. Boultbee.-(New Trial-Misconduct of Jury 396 -Verdict under 201.)...

397

CROWN CASES RESERVED.

Reg. v. Harris. (Embezzlement—Money received on
Account of Master).

......

406

408

Reg. v. Walker.-(Lawful Apprehension—Assault).. 409
COURT OF ADMIRALTY.

The Kingaloch.-(Towage, ordinary, extraordinary—
Agreement)

........

409

previous date, for unpaid purchase money, when the
receipt of the purchase money is acknowledged on the
conveyance. The question arose in Nairne v. Prowse,
(6 Ves. 752), but the case was ultimately disposed of
upon
another point.

A case, however, somewhat analogous came before Lord Northington, who held that a declaration of trust in favour of an incumbrancer was tantamount to an

actual assignment, unless a subsequent incumbrancer, bonâ fide and without notice, procured an assignment; and that the custody of the deeds respecting the term, with a declaration of the trust of it in favour of a second incumbrancer, was equivalent to an actual as

the first incumbrancer, which equity would not take from him. (Stanhope v. Lord Verney, Co. Litt. 290. b., note (1), s. 15; S. C., 2 Eden, 81).

Ir is a well-known rule of law, "qui prior est tem-signment, and therefore gave him an advantage over pore potior est jure ;" and Courts of equity, professing to follow the law, have adopted and acted upon it, with this qualification, viz. that where the equity of one of two claimants is better than that of the other, the legal rule shall not prevail. The various modes of enunciating the rule are perhaps open to some criticism; and in the recent case of Rice v. Rice, (2 Drew. 73), when its application to a very interesting and novel point was the subject of great discussion, Sir R. T. Kindersley, V. C., said, that to lay down the rule with perfect accuracy, it should be stated in some such form as this "As between persons having only equitable interests, if their equities are in all other respects equal, priority of time gives the better equity; or qui prior est tempore potior est jure."

The question discussed in Rice v. Rice was one which had never previously been actually decided, viz. whether an equitable mortgagee by deposit of title deeds is entitled to priority over a vendor claiming a lien, of VOL. XVIII. R

The only difference between the case before Lord Northington, and the case of a vendor's lien with a subsequent deposit of the title deeds, appears to be, as observed by Lord St. Leonards in his book upon Vendors and Purchasers, (vol. 2, p. 881, 11th ed.), that in the former case both the trusts were declared by the parties; whereas in the latter the trust or lien is raised in equity, and not by express declaration, and the trust or equitable mortgage is generally created by the declaration of the parties; which circumstance, if it turn the scale either way, is certainly in favour of the mortgagee, who has, equally with the vendor, an equity, and does not, like the vendor, claim contrary to his own acknowledgment by his conveyance, that the money was paid, which the mortgagee no doubt gave credit to His Lordship then adds, "that upon the authority of Stan

hope v. Lord Verney, we may, perhaps, venture to say that an equitable mortgage by deposit of deeds to a person, bonâ fide and without notice, will give him a preferable equity, and will overreach the vendor's equitable lien on the estate for any part of the purchase money."

The

entitled to priority-in other words, adopting the rule as enunciated by the Vice-Chancellor, the equitable interests of the two claimants being in all other respects equal, priority of time gave the better equity.

Correspondence.

THE COUNTY COURTS.

66

In the case of Rice v. Rice the vendor executed an assignment of leaseholds, which recited the payment of the whole purchase money, and had an indorsement of the common receipt clause; at the same time the TO THE EDITOR OF THE JURIST." other title deeds were delivered over to the purchaser. SIR,-" A County Court Judge" has answered my The whole of the purchase money was not paid, the strictures on his order in a tone which shews that vendor, upon the promise of the vendee to pay in a they do not touch him very nearly, and that in point of temper at least he is judicially qualified; but either few days, allowing the payment to stand over. he wants skill as an advocate, or his cause is indeday after the execution of the deed the purchaser depo- fensible. I condemned the limiting of the plaintiff to a sited the assignment and title deeds, with a memoran- recovery of his debt by instalments. The Judge answers dum, to secure an antecedent debt, and then absconded-first, that sometimes a plaintiff asks for payment without paying either the vendor or the equitable by instalments; secondly, that immediate payment is mortgagee. Sir R. T. Kindersley, V. C., held that the sometimes ordered; thirdly, that debtors should not be kept in prison at the public expense; and, fourthly, equitable mortgagee was entitled to priority, upon the that it is hard to sell up a debtor of the labouring ground that he had the better equity. His Honor class. Answers Nos. 1 and 2 do not concern me: I only said that it appeared to him, that in all cases of con- complained of orders for deferred payment against the test between parties having equitable interests, the plaintiff's wish. To No. 3 I reply, that any objec conduct of the parties, and all the circumstances, must tion to imprisonment for debt generally must apply as be taken into consideration, in order to determine much to imprisonment for disobeying an order for deferred payment as to any other case. But what I ask which had the better equity; that everything in the for is immediate execution against the goods. If that present case seemed in favour of the defendant, the is granted, I have no objection to protect the person equitable mortgagee. The vendors, when they sold the on the terms of payment by reasonable instalments. estate, chose to leave part of the purchase money debtor and another which should entitle the former to 4. I cannot see any distinction between a labouring unpaid, and yet executed and delivered to the pur- peculiar indulgence. On the contrary, the lower a man chaser a conveyance, by which they declared in she is before he falls, the easier is his fall. A labourer or most solemn and deliberate manner, both in the body an artisan, when overtaken by individual distress, as and by a receipt indorsed, that the whole purchase distinguished from a calamity affecting his class, (which money had been duly paid. They might still have an order for payment by instalments would not rerequired that the title deeds should remain in their medy), can always get on his feet, or it is his own custody, with a memorandum, by way of equitable duty of a debtor is to pay his debt according to his fault. But however this may be, I repeat that the mortgage, as a security for the unpaid purchase money; contract: that it is impossible for any judge, on the and if they had done so, they would have been secure hearing of a plaint, to ascertain the real circumstances, against any subsequent equitable incumbrance; but character, and expectations of the debtor; and even that they did not choose to do, and the deeds were if the facts were ascertained, there is not one judge in delivered to the purchaser. twenty whose discretion in the matter of indulgence is to be trusted that while strict justice is clearly the right of the creditor, it is possible that the hardship to him of deferring his remedy may be greater than that of enforcing it would be to the debtor; and that the right of granting indulgence resides exclusively in the for it. As for vindictive creditors, one meets with creditor, who alone can know whether there is ground them in the novels and plays of the last century, but I never heard of one in actual life. We see occasionally a martyr in the cause of public justice, who will be at some cost of time and money to punish a fraudulent debtor, but such examples are rarer than I could wish

them to be.

Thus they voluntarily armed the purchaser with the means of dealing with the estate as the absolute legal and equitable owner, free from every shadow of incumbrance or adverse equity. The mortgagee was guilty of no negligence, as he was justified in trusting to the security of the deposit, without the slightest obligation to go and inquire of the vendors whether they had received all the purchase money, when they had already given their solemn assurance in writing that they had received every shilling of it, and had conveyed the estate and delivered over the deeds. The defendant had omitted nothing that was necessary to constitute a complete and effectual equitable mortgage. The case of Rice v. Rice does not conflict with Mack-your readers. Not many days ago I mentioned, in the reth v. Symmons, (15 Ves. 329), decided by Lord Eldon, as in that case the contest lay between a person having a lien for unpaid purchase money, and a person who had subsequently obtained from the purchaser a mere contract for a mortgage, but without having any title deeds handed over to him. In that case, therefore, the equitable mortgagee had not a better equity than the person claiming the vendor's lien, who was therefore

In support of my assertion that the administration of justice in the county courts is not unfrequently biassed by unworthy motives, I may appeal to the experience of

rience in various county courts, a flagrant case of in-
presence of four lawyers, each of considerable expe-
justice committed by a local judge in favour of a boon
companion. I mentioned neither name nor place. One
of my auditors said, "That must be X.;" another said,
"It is just what Y. would have done;" and a third
the hero of my tale was W.
added, "Both X. and Z. are quite capable of it." But

I believe that barristers are not in the habit of treating county court judges with disrespect. If in

Joseph Ivimey, 30, Southampton-buildings, and 1, London, aud. ac.- G. Alcock, Manchester, draper, May 17 at

John Aitken, Glasgow, contractor.-Ralston & Houston, The following Prisoners are ordered to be brought up before Paisley, commission merchants.