NEW TRIAL PAPER. For judgment. Swinfen v. Lord Chelmsford Nixon v. Freeman Same v. Same Rodriques v. Mechi and and Croxon and others v. Moss and others n .......... Bovill v. Pimm and another Julius Beard, at the suit of Lucy Sers. Yeldham Wilkinson, at the suit of W. Cater George Alfred Lewis, at the suit of John Kinder. C. D. Oldfield, at the suit of the Oriental Bank. THE LAW LIBRARY. The Statutes, General Orders and Regulations relating The houses, Nos. 37 to 39, Coppice-row, Clerkenwell, let at 401. per annum term, 74 years from Aug. 1807; ground-rent, 141. 8s. per annum-sold for 6102. Freehold inclosure of meadow land, containing about four acres, at Mount Pleasant, Southall, Middlesex, let at 114 per annumsold for 3001. By Messrs. BEADEL and SONS.-Freehold residence, Coxtic-house, South Wield, Essex, with coach-house, stable, &c., and 23a. 2r. 8p. of pasture and arable land, let at 1001, per annum-sold for 21504 Freehold residence, New-cottage, Ingram-green, near Brentwood, Essex, with about four acres of pasture land and outbuildings, &c., let on lease at 42 per annam-sold for 700. Freehold house, farm-buildings, and 29a. Or. 22p. of arable and pasture land, at Bourton-end, Stanstead Mountfitchet, Essex, let at 30l. per annum-sold for 1110. Copyhold messuage and gardens, Kelvedon, Fatch-common, Doddinghurst, Essex, let at 131. 8s per annum-sold for 1101. Freehold and copyhold, 13a. Or. 16p. of arable and pasture land, messuage and cottage, with gardeus, Matching, near Harlow, Essex, let at 30% per annum-sold for 5201 By Mr. J. M. RICHARDSON.-Freehold residence, known as Fairlight, Calverley, Tunbridge Wells, Kent, with coach-house, stable, lawn, pleasure-grounds, garden, &c.-sold for 38004 Wednesday, May 16. By Messrs. FAREBROTHER, CLARK and LYE, at Garraway's.-Freehold estate, known as Codmore Hill farm, l'ulborough, near Horsham, Sussex, comprising farmhouse, farm-buildings, and 82a. 3r. 25p. of arable, pasture, wood and marsh land; let on lease, which expires in 1861, at 934 per annum-sold for 3550. Leasehold residence, No. 31, Alfred-place west, Thurloe-square, South Kensington; let at 851. per annum; term 83 years from Dec. 1845; ground-rent, 16. per annumsold for 9104. Leasehold residence, No. 33, Alfred-place west, adjoining: let at 904. per annum; held for same term and ground-rent-sold for 9-04. Leasehold residence, No. 35, Alfred-place west; held for same term and ground-rent; estimated annual value, 902-sold for 9701. Leasehold house, No. 27, Albert-street, Camden-town; let at 451 per annum; term, 92 years from Michaelmas 1847; ground-rent, 51 per annum-sold for 4504, Freehold residence, No. 55, Gloucester-street, Queen-square, Bloomsbury; let on lease at 304 per annum-sold for 30 Cent. Reduced Annuities 93 93 93 934 92 93 Indian Debentures 1859.. 219 India Bonds (10907.) do. (under 10007.) 9sa Do. 96 Exchequer Bills, 1000l., 13d. 5sb 7sb 7sb 6sb 4sb 7s b 5sb 4sb 8sb 7sb 3sb 4sb 4sb 4sb Do. do. 500., 3d. There is, however, a noticeable defect. Wyborn v. The Great Northern Railway Company Chappell v. Bray Lozano v. Durant Browning v. The Great Central Mining Webberley v. Clement Wootton v. Snape Lewis . The Great Western Railway Grinson v. Walmsley 106 106 106 Premium. THE CAZETTES. Bankrupts, Box, JOHN, and LEWIS, HENRY JOHN, corn merchants, Gloucester, Mason v. The Birkenhead Improvement JOURNAL OF AUCTIONS, ESTATES CLAYTON, EPAPHRAS, grocer, Openshaw, Manchester, May 25 and Commissioners " Gough v. Hardman Legh v. Lillie 1 Parker v. Morris Mackay v. Ford Crick v. Warren and another Cory v. Bond :.. Nayler v. Yearsley Plant and another v. Taylor and others Reed v. Lamb Lythgoe v. Vernon. AND INVESTMENTS. REPORTS OF SALES. NOTE.-The Reports of the Estate Exchange are officially supplied to IN LONDON. By Messrs. FAREEROTHER, CLARK and LYE, at Garraway's.-Free- 99, Upper Stamford-street; let at 100% per annum, and improved rent Tuesday, May 15. kitchen-garden, lodge, and 7a. Ir. 30p.-sold for 24001. Judgment affirmed. By Messrs. NORTON, HOGGART and TRIST, at the Mart-Freehold June 20, at twelve, Manchester. Off. as. Fraser. Sol. Sutton, Man- FREEMAN, SAMUEL, and CLIFFORD, JOHN, elastic web manufacturers, JONES, CHARLES, bootmaker, Manchester and Altrincham, June 5 and MOSS, STEPHEN, and ASHWORTH, WILLIAM, fustian cutters, Halifax, MUGGERIDGE, HENRY, builder, St. George's-place, Brixton-road, May SIMCOX, GEORGE PRICE, carpet manufacturer, Manchester, May 25 SUTER, GEORGE THOMAS, confectioner, Weymouth and Melcombe Re- WIDDOWSON, DAVID, lace manufacturer, Nottingham, May 31 and Gazette, May 18. BRAY, CHARLES, ironmonger, 14, Alfred-terrace, Queen's-road, Bays- COATES, THOMAS, linendraper, 35, Bridge-road, Lambeth, Surrey, LEESE, GEORGE JERVIS THOMAS, and BRADBURY, WILLIAM HENRY, SEXTON, ROBErt Watling, builder, Norwich, May 31, at half past WARREN, MARK, haberdasher, No. 69, Shoreditch, May 28, at half-past WRIGHT, WILLIAM, 'cattle dealer, Fulshaw, Cheser, June 5 and 28, at twelve, Manchester. Off. as. Fraser. Sols. Green and l'ayne, Manchester. Petition, May 8. Bibidends. BANKRUPTS' ESTATES. Official Assignees are given, to whom apply for the Gray, W. grocer, first, 25. Whitmore, London.-Fisher, J. builder, first on new proofs, 1s. Harris, Nottingham.-Imrie, D. manufacturer, first on new proofs, 10d. Pott, Manchester.-Merson, J. glass manufacturer, first sep. 201. Turner, Liverpool-Morley, J. joiner and builder, first, 64. Harris, Nottingham-Morison and Abelin, ship chandlers, first. 1s. 8d. Turner, Liverpool-Render, H. oil merchant, second, 11d Fraser, Manchester.-Swann, W. linendraper, third, 284. Whitmore, London.-Withers, J. jeweller, Arst, 544 Whitmore, Birmingham. INSOLVENTS' ESTATES. Apply at the Provisional Assignee's Office, Portugal-street, Lincoln's-inn-fields, between the hours of eleren and tro. Dore, W. in no trade. 2s. 5d-Douglas, R. lient-colonel royal artillery (making 78. 4fd.), 4s. 8d.-Hibbs, R. J. lieut. R.N. (making 12s. Id.), 3.-Langworthy, R. A. out of business, 21. 4fd.-Lillier ap, E. A. spinster, 3s. 8 Wilkinson, R. clerk in the Ordnance-office (making 13s. 4d.), 28. Sd. Knight, S. carpenter, 81d. Apply at the County Court, Rochester. -Relf, G. baker, 1s. 9d. Apply at the County Court, Rochester.- Sidney, H. scrivener, 7. 6d. Apply at the County Court, Saffron Walden. -Thompson, R. retired captain 51st regiment, fourth, 38. 47.1. Apply at the County Court, Rochester.-Turner, A. 2s. Id. Apply at the County Court, Hereford. Assignments for the Benefit of Creditors. Banks, J. ironfounder and iron merchant, Liverpool, May 2. Trusts. H. Banner and H. W. Banner, accountants, Liverpool. Sol. Banner, Liverpool. Brackstone, G. W. grocer, Clifton, Bristol, April 27. Trusts. W. Polglase, wholesale grocer, and J. T. Grace, tallow chandler, both of Bristol. Sols. Messrs. Livett, Bristol.-Castle, L. W. grocer and tea-dealer, Regent-place, Clifton, Bristol, April 23. Trusts. J. Eyre, teadealer, and H. G. Gardner, wholesale grocer, both of Bristol. Sols. King and Plummer, Bristol-Stark, H. boot and shoe maker, Reading, May 3. Trusts. G. G. Gilligan, currier and leather cutter, and C. Pidgeon, oil and colourman, both of Reading. Sol. Neale, Reading. -Suffell, W. draper, Upper-street, Islington, April 27. Trusts. E. Griffin, Basinghall-street, and C. Rimmer, Blackfriars-road, warehousemen. Sols. Sole and Turner, Aldermanbury-Swanwick, G. lace manufacturer, Nottingham, April 30. Trusts. J. Place, banker's clerk, and H. Johnson, silk merchant, both of Nottingham. Sol. Hunt, Nottingham.-Ward, H. surgeon and apothecary, Atherstone, May 1. Trusts. T. Smith, maltster and cornfactor, Over Whiteacre, and W. Haddon, builder, Merevale. Sols. Power and Pilgrim, Atherstone.Wells, T. grocer and draper, Castle Camps, Cambridge, May 2. Trusts. T. D. Green, grocer and draper, Saffron Walden. Sol. Jackson, Haverhill.-Wigful, R. cornfactor, Sheffield, May 1. Trusts. J. Rickett, miller, and G. Furness, cheesefactor, both of Sheffield. Sol. Unwin, Sheffield.Williams, R. builder, Park-road, Toxteth-park, Liverpool, April 4. Trusts. J. Harrison, ironmonger, and G. Lynch, timber merchant, Bootle-cum-Linacre. Sols. Owen and Mence, Liverpool. Gazette, May 11. Dizon, G. and Adcock, C. J. coach lace manufacturers and carpet dealers, Aldersgate-street, London, and Coventry, April 12. Trusts. J. Brinton, carpet manufacturer, Kidderminster, and B. Peak, trimming manufacturer, Coventry. Sol. Bird, Guildford-street.-Johnston, J. draper and teadealer, Marlborough, April 29. Trust. L. Hanlon, teadealer and draper, Marlborough. Sol. Holloway, Pewsey.-Reiner, II. Ironmonger, Birkenhead, April 18. Trust. F. Elliott, accountant, Liverpool. Sol. Bremner. Liverpool. Deed with F. Elliott-Smallbones, J. farmer and millwright, Coombe, Enford, May 2. Trusts. L. H. Wood, one of the managers of the Wilts and Dorset Banking Company, Marlborough, Wilts, G. S. Ruddale, farmer, Bishop's Cannings, and T. Pinniger, timber merchant, Woodborough. Sols. Dixon and Macdonald, Devises-Spring, W. H. baker and confectioner, Swansea, March 30. Trust. J. Gregory, wine and spirit merchant, Swansea. Sol, Bird, Cardift. Deed with J. H. Goodere, Swansea. Insolvents. Petitions to be heard at the County Courts. Abbott, L B. butcher, Thrapston, May 18, at twelve, Thrapston.Aiger, J. plumber, painter and general dealer, Witham, July 3, at twelve, Maldon.-Ash, J. G. stationer, bookseller, and news agent, Brighton, May 12, at ten, Brighton.-Dinnington, T. out of business, Walkington, May 22, at eleven, Beverley.-Frost, E. haulier, and superannuated tide surveyor, Penhow, Newport, May 22, at twelve, Newport-Hardy, J. jun. Journeyman whitesmith, North Walsham, May 25, at half-past ten, North Walsham-Hewson, T. painter and plumber, Lakenheath, June 11, at eleven, Mildenhall.-Lee, W. plumber and glazier, Pofton, May 25, at twelve. Biggleswade-Liebschutz, A. clothier, general hardware dealer, and Jeweller, Liverpool, May 16, at half-past teu, Liverpool-Morton, S. (trading as Samuel Lennox), victualler, Liverpool, June 6, at half-past ten, Liverpool-Reeves, F. tobacconist and billiard-table keeper, Brighton, May 12, at ten, Brighton.-Ryan, G. F. doctor of divinity and preaching minister, Lairgate, Beverley, May 22, at eleven, Beverley.-Shareman, T. tailor, Stotfold, May 25, at twelve, Biggleswade -Siminons, J. H. gasätter and brassfitter, Great Yarmouth, May 26, at ten, Great Yarmouth.Smith, J. baker, Toxteth-park, Liverpool, May 16, at half-past ten, Liverpool.--Stephens, E. baker, general-shop keeper, and news agent, Bath, May 18, at eleven, Bath.-Townsend, G. hay and straw carter, and labourer, South Ockendon, June 7, at twelve, Romford. --Wynn, W. tobacconist and carpenter, Brighton, May 12, at ten, Brighton. Gazette, May 11. Blyton, G. Journeyman miller, Saint Fagans, May 25, at ten, Cardiff, -Bramley, E. victualler and brickmaker, Chester, May 25, at nine. Chester. Brown, R. J. auctioneer, furniture broker, and general dealer, Liverpool, at half-past ten, May 16, Liverpool-Catterns, E. batter, Coventry, May 25, at twelve, Coventry.-Davies, G. foreman of railmen at iron works, Cwmavon, and farmer, Llanelly, May 16, at eleven, Neath.-Dizon, D. W. master mariner, Rochester, June 7, at ten, Rochester.-Evans, J. grocer and teadealer, Toxteth-park, Liverpool, May 16, at half-past ten, Liverpool. - Fawcett, J. ribbon weaver, Coventry, May 28, at twelve, Coventry.-Finchett, J. grocer, draper, and provision dealer, Tarvin, May 25, at nine, Chester.Frappell, T. retailer of beer, Bedminster Down, June 7, at ten, Bristol. -Harris, T. P. lodging-house keeper, Strangeways, Cheetham, May 22, at ten, Salford.-Hussall, W. tailor, grocer and shopkeeper, Coventry, May 28, at twelve, Coventry.-Henzell, J. stock and tie maker, Hulme, Manchester, May 22, at ten, Salford.-King, J. labourer, Liverpool, at half-past ten May 16, Liverpool.-Kirkland, J.dyer, rakemaker, wheelwright, and dealer in timber, Leek, June 15, at eleven, Leek.-Marland, J. commission agent and waste dealer, Hurst Nook, Ashtonunder-Lyne, May 29, at twelve, Ashton-under-Lyne.-Mills, J. vietualler, Rochester, June 7, at ten, Rochester.-Myers, J. grocer and pork butcher, Sheffield, and slaughter butcher, Sheffield Moor, June 7, at twelve, Sheffield -Pearson, J. warehouseman, Manchester, May 22, at ten, Salford-Perrin, J. bag and sheet maker and cotton waste dealer, Higher Broughton, May 22, at ten, Salford.-Rose,T. millwright, machinist and brassfounder, Priory-lane, Burford, June 12, at eleven, Witney.-Townson, J. plumber, painter and glazier, Liverpool, May 16, at half-past ten, Liverpool-Watt, P. B. engraver and draughtsman, and commercial traveller. Hulme, Manchester, May 22, at ten, Salford. -Willoughby, F. jun. butcher and pig dealer, Thinstanton and Great Ringstead, May 21, at half-past ten, King's Lynn-Winter, J. journeyman joiner, Cheetwood, May 22. at ten, Salford.-Wood, J. picture frame maker and hairdresser, Coventry, May 28, at twelve, Coventry. ESTATES VESTED IN PROVISIONAL ASSIGNEE Ambrose, J. A. captain in the militia, King-street, St. James.-Antrobus, W. out of business, Canterbury; Canterbury.-Barwise, J. surveyor, Alexander-street, Westbourne-park Debtors' prison. -Bateson, W. painter. Over Darwen, Blackburn; Lancaster.-Beacham, E. ont of business, Pontypool; Monmouth.-Bennett, R. in no trade, Prospect-place. London-fields. Hackney: Debtors' prison, Blackburn, THE MONTHLY LAW REPOR J. general merchant, Cooper's-road, Old Kent-road; Debtors' prison -Brooks, J. W. not in business, Wolverhampton: Stafford.-Browning, G. Joiner and carpenter. Wisemore, Walsall; Stafford.-Campbell, D. cart owner and rigger, Walton Breek, Walton, Liverpool; Lancaster.Chambers, G. E. undertaker and furniture dealer, Hertford-piace, Haggerstone; Debtors' prison.-Chawner, W. grocer and provision dealer, Birmingham; Warwick.-Clarkson, T. corn miller, Knotmill, Manchester; Manchester.-Dean, E. B. widow, out of business. Britanniastreet, Hoxton-new-town; Debtors' prison.-Eason, M. not in business, Nash Farm, Margate: Maidstone.-Fletcher, W. bricklayer and plasterer. Hull; Holl-Gilmour, R. assistant surgeon R.N., Spithead; Winchester-Goulding, J. clerk to an attorney, Sun-street, Bishopsgate; Debtors' prison. Graham. J. W. P. clerk to a shipbroker, Manor. street, Clapham, and Abchurch-lane: Deblors' prison.-Greaves, T. J. tillage and seed merchant, Hulland Ward. Ashbourne; Derby-Harris, T. publican, Hayes, Cardiff; Cardiff-Hughes, R. out of business, Castleton. Rochdale; Lancaster.-Izod, G. T. engraver and lithographer, Lorimer-road, Walworth, and Tudor-street, Whitefriars; Debtors' prison.--Kilpin, J. G. watchmaker, Devonport: Exeter.-Knight. A. MAY 1, containing fall Reports of the most complete and extensive series publi was issued on Thursday, May 3rd. Price on is 8vo., convenient for the bag and library. I may still be had. On the 1st of each month CROCKFORD, 10, Wellington-street, Strand LORD BROUGHAM ON LAW AMENI Now ready, Cheap edition, in fep. 8, p LORD BROUGHAM'S LAW REF or, an Analytical Review of Lord Brah and Bills from 1811 to the present time. Br EARDLEY-WILMOT, Bart, Recorder of Wi London: LONGMAN, GREEN, LONGMAS BY PROBATE COURT PRACTICE out of business, Wenlock-street, New North-road: Debtors' prison THE AMENDMENT ACT of las Knight, C. greengrocer. Upper Baker-street, Dorset-square; Debtors' prison.-Lea, H. butterman, Whitecross-street; Debtors' prison.Locke, W. pianoforte small-work maker, North-street, Tottenhamcourt-road; Debtors' prison.-Lumsden, J. out of business, Liverpool; Lancaster. Marriott, F. R. clerk, Moscow-road, Bayswater: Queen's prison.-Mayo, T. labourer and waggon driver, Nuneaton; Warwick. -Melling, G. labourer, Kit-green, Orrell; Lancaster.-Norbury, H. out of business, Salford; Lancaster.-Phillips. P. tailor and clothier, High-street, Shoreditch; Debtors' prison. Phipps. T. accountant, Canonbury-park south, Islington; Debtors' prison.-Richards, J. general agent, George-street, Minories, and Mark-lane; Debtors' prison.Riley, J. out of business, Lower-place, Rochdale; Lancaster.-Shackleton, A. jeweller and importer of foreign merchandise, Birmingham; Warwick.-Smith, G. out of business. Canterbury; Canterbury.-Smith, W. B. chemist and druggist. Bolton-le- Moors; Lancaster.-Stubbs, J. W. not in business, North Somercotes; Lincoln.-Taylor, J. beerseller, Strangeways, Manchester; Lancaster. Wakefield, T. farmer, haulier, contractor, and market gardener, Bedminster, Bris is added to GOODWIN'S PRACTICE C COURT, together with all the Orders, &c. F instructions to Practitioners. By C. W. Gr Barrister-at-Law, Author of "The Practice Enfranchisement," &c. Price 9s cloth. LAW TIMES Office, 10, Wellington-street. This day is published, in royal 12mo, preal A BOOK of COSTS in the LAW and DIVORCE COURTS, with fem the Principle of the Allowances, and an Ardy upon Costs, from the time of passing the fra Procedure Act, &c. By E. W. LE RICHE V. and R. STEVENS and Soss, Law Pa 26. Bell-vard, Lincoln's-ina tol: Bristol-Wallers, C. out of business, Hulme Manches er: Lan- SAUNDERS'S caster. Whitty, J. jun. commission agent, South Everton; Lancaster. -Willis, J. chemist and druggist. Hulme, Manchester; Lancaster.Witting, T. joiner and undertaker, Hull; Hull. BIRTHS, MARRIAGES AND DEATHS. BIRTHS. ELLIS-On the 9th inst., at 23, Carlton-villas. Maida-vale, the wife of MEAD. On the 12th inst., at 2. Durham-place, Chelsea College, the GORE-BOORMAN-On the 26th ult, at Trinity Church, East Peckham, DEATHS. BOOLEY.-On the 10th inst., at Elm Avenue, Mansfield-road, Nottingham, aged 54, Mr. John Bowley, solicitor. CARTER. On the 28th March, at St. Anne, Jamaica, aged 68, Richard Carter, Esq., of Retreat and Brighton Estates: a gentleman distinguished for the equity of his long administration as a magistrate. CHEEK-On the 3rd inst., at Evesham, aged 47, Emma, the wife of Oswald Cheek, Esq., town-elerk of that borough. JOHNSON.-On the 30th ult,, at Barton-upon-Humber, aged 47, Edward Johnson, Esq., solicitor. SWARBRECK-On the 4th inst, at Sowerby, near Thirsk, Maria Teresa, the wife of Thomas Swarbreck, Esq., solicitor, R. J. P. VYVYAN.-On the 14th inst., at St. Helier's, Jersey, Colonel Richard Vyvyan, late of Trewan-park, Cornwall, magistrate and deputyHeutenant of that county. WRENTMORE-On the 16th inst, at 11, Great Cheyne-row, Chelsea, aged 71, Mr. Isaac Wrentmore, solicitor, of Lincoln's-inn-fields. NEW PRACT MAGISTRATES' COURTS, Second E enlarged, with Chapters on the Appeal fr Courts and Proceedings before Justices to perty of Women deserted by their Husa Cases to this time. By T. W. SAUNDERS, IS. at-Law, Recorder of Dartmouth. Price half-calf; 14s. 6d. calf. LAW TIMES Office, 10. Wellington-street, Su A READING of Lord ST. LEO LAW of PROPERTY and TRUSTEES PE By ALBERT GORDON LANGLEY, Esq., BET and holder of a Studentship of the Inns IT published in the LAW TIMES, and now published: form, revised and exten led by the Authe pages, with a Table of Cases and Appendix LAW TIMES Offic 10, Wellington-street, S London. HALLILAY'S Just published, ARTICLED ( HANDBOOK; containing full instracti Clerks in Examination and Admission, Prat Law Studies, Forms, &c. By R. HALLILAYE Price 5s 6d-N. B. This is designed either as a Mr. Hallilay's "Answers to the Examination Vis as a separate work A LAW TIMES Office. 10, Wellington-street. FOR ARTICLED CLERKS Just published, the Second Edition af DIGEST of the EXAMIN QUESTIONS in CONVEYANCING, COMP and EQUITY, from the commencement of the DL in 1836, to the present time, with ANSWERS Mode of Proceeding, and Directions to be at Examination. By RICHARD HALLILAN, Esp Price 12s. 6d. cloth. LAW TIMES Office, 10, Wellington-street THE NEW PRACTICE of the CC LAW. By JAS. PATERSON, J. MARS N. MACNAMARA, Esqrs., Barristers-at-Law. 12mo., price 31s. 6d. N.B. This is esteemed by the Profession the Practice of the Common Law yet published forms and precedents in their proper places in th Student has the advantage of learning the law an tical procedure at the same time. THE "LONDON GAZETTE" and LONDON they are instantly found by the Practitioner. and COUNTRY ADVERTISEMENT OFFICE, No. 5, Chancery-lane, W.C.-HENRY GREEN (upwards of sixteen years with the late G. Reynell, of Chancery-lane) begs to state that he has opened an Office as above for the local convenience of the Legal Profession, confident that his thorough knowledge of the general practice required for the insertion of all pro forma and other Legal Notices will be found of great value and utility, if intrusted with their favours.-N.B. One copy only of Advertisements required, thereby saving much time and trouble. LAWRENCE HYAM announces that his LAW TIMES Office, 10, Wellington-street. S THE MAGISTRATES COURTS! BOOK, for 1860, is now ready. It co law decided and enacted in 1859, relating to Municipal and Parochial Law, alphabetica in the manner of Archbold and Burn, to w a necessary supplement. By THOMAS W. SA Esq., Barrister-at-Law, Recorder of Darts & "The New Practice of Magistrates' Courts," &(7) (To be continued yearly.) LAW TIMES Office, 10, Wellington-street, Str. Lately published, price & NEW STOCK of CLOTHING for the season of 1860, consisting of the largest and choicest variety of SPRING and SUMMER attire ever designed, is now ready for inspecThe greatest confidence may be placed in the durability and style of all garments, combined with the utmost economy in price. tion, and to which he solicits public attention and patronage. BOOK-KEEPING AWRENCE HYAM'S 15s. LAWRENCE and 175. SCOTCH CHEVIOTS and ANGOLAS, all wool, and war- LAWRENCE HYAM'S ATTIRE for CLERICAL, LEGAL and MEDICAL GENTLEMEN is remarkable for sound quality and perfect consistency of design. An unlimited variety of patterns to select from. FOR THE YOUNG. AWRENCE HYAM is everywhere cele LAWRENCE Clothing for Children, Boys and Youths. Perfectly New CITY-36, Gracechurch-street. WEST-END-189 & 190, Tottenham-court-road. a concise and easy system, which has been nearly fifty years in the offices of some of the st firms in London. By WILLIAM MACKENZIE, N "This is the most complete and elaborate series of Book-keeping by Solicitors which has yet appeared. Bak the weak point of the Profession, but it needs not be so volume is consulted, for nothing can be more clear and the directions given; Mr. Mackenzie knowing precisely tors want, set himself the task of supplying that want"> "As simple as book-keeping well can be."-Jurist London: JoHN CROCKFORD, 10, Wellington-street Just published, 1 vol price 168 DR. FORBES WINSLOW'S NEW WORK ON CERE AND MENTAL DISORDERS ON OBSCURE DISEASES of the and DISORDERS of the MIND; their toms, Pathology, Diagnosis, Treatment, and P By FORBES WINSLOW, M.D., D.C.L. Oxon, This work will be carefully studied and received by the as the master effort of a great philosopher, whose winda nor vast researches, large observation and close reascofag, ad to diagnostic and practical curative purposes, are fed no mankind and to the glory of medicine, inscribed in faith upon every page."-Dublin Quarterly Medical Jurnal London: John CHURCHILL, New Burlington-US To Readers and Correspondents. CONSTANT READER.-Omnibus reports are, properly beaking, authorities only until the standard report ap Mars, i. e., the Queen's Bench Reports, the Common Pleas eports, &c. And rightly so, for the regular reports of ch court are prepared from the papers and revised by e judges, and therefore should always be cited by legal thors. But this accuracy necessarily entails the delay months in their publication, and during that interval e omnibus reports are admissible. So also they are if le case is not reported at all in the regular reports, which ofess to present only a selection of the more important rises: they are also of permanent worth as authories when, as it is with the LAW TIMES Reports, the ritten judgments are printed verbatim, for these must La alike in both. Then there is the difference of cost. he regular reports of all the courts cost upwards of 254 er annum, while the omnibus reports, containing many ore cases, do not cost more than 3 These are the atures which make them indispensable to the Profeson; but it would be wrong to claim for them an equal rmanent authority with reports got up with the help of 1 the papers, and the aid of the counsel and judges enaged in them. ARY OF SALES BY AUCTION DURING irable mansion-house in the South Parade, Wakefield, y Mr. Moxon, at the Strafford Arms Hotel, Wakefield. dvertised this day. WEDNESDAY, MAY 30. >hold estate of 110 acres, in the parish of Hanbury, affordshire, by Mr. Brearey, at the White Hart Inn, ttoxeter, Advertised this day. ded and mineral estate of 2467 acres, in the parish Bothwell, Lanarkshire, by Messrs. Cay and Black, at heir Sale-rooms, Edinburgh. Advertised this day. Michaelmas Term last. ick numbers of the New Series of the Reports are kept on sale, to complete sets. he REPORTS will be uniformly and strongly bound at the office for 48. The volumes of the LAW TIMES for 5s. 6d. Portfolio to contain thirty numbers of the Law Times Reports may be had, price 3s. 6d. It will be forwarded by post (paid) on transmission of 38. 10d. in postage-stamps-viz., 3s. 6d. for the portfolio, and 4d. for the postage. It is made so that it will close as flat as a book, whatever the quantity of leaves within it, and thus it will serve all the purposes of a bound volume, and be a substitute for a weekly cover. THE "LAW TIMES" REPORTS. hese Reports are published also in Monthly Parts, for the use of the Courts, the Colonies, &c. Price 4s. Part I. was issued on Dec. 1. Part 6 is now ready. The Cases relating to Magistrates, Municipal and Parish Law are collected and issued separately for the use of Magistrates' Courts, edited, with Notes, &c., by Edward W. Cox, Esq., Editor of "Cox's Criminal Law Cases." A part will be published at the close of each term. Part 1., price 2s. 6d., and Part 11., price 3s. 6d., are now ready. The above will be sent to the subscribers by post (paid). Persons desirous of being supplied with the above series are requested to send their names to the office. THE Law and the Lawyers. solicitors praying full compensation for the mes sengers. The first debate was upon the retiring allowance to the London Commissioners; some objecting to the proposed full pay, and others still more strongly to their being subjected to be called upon to do work in the country, and ultimately that portion of the clause was struck out, so that the Commissioners will be liable only to be called on to aid the dispatch of business in London. It was agreed that the chief judge should have a salary of 5000l. per annum—a long vacation between the 10th Aug. and the 26th Oct., with additional vacations of fourteen days at Christmas, and ten days at Easter. During such vacations the indispensable and urgent business of the court is to be performed by a deputy, who will probably be a Commissioner. The ATTORNEY-GENERAL explained that he intended to give the County Courts beyond the metropolitan district absolute jurisdiction under 300l., and a permissive jurisdiction by consent of the majority of creditors up to 1000l. In the Court would be limited to 300%. London district the jurisdiction of the County A fight was made for reducing the salaries of the Commissioners to 1500., as received by the County Court judges, instead of 1800l. proposed by the Bill. The House being equally divided, the chairman gave his casting vote in favour of the clause as it stands. This curious division was followed by a long debate upon the propriety of giving to the County Courts jurisdiction in bankruptcy. It was contended that some time ago a commission had reported against it-that the County Court judges had as much to do already as they could well accomplish; that they were new to the work and would have to learn their lesson. These views were strongly urged by Mr. BOUVERIE, Mr. WALPOLE, Mr. M. SMITH, Mr. MALINS and Mr. BAINES; and opposed by the ATTORNEY and SOLICITOR-GENERAL, Mr. JAMES, Mr. HEADLAM and Sir F. KELLY; and ultimately the ATTORNEYGENERAL agreed to postpone the clause. We should much regret if it were to be abandoned; for, although not popular with the Profession, at least, as we learn from our correspondents, it will, we believe, be very acceptable to the commercial public, who desire, above all things, an easy and inexpensive means, not merely of proving their debts, but of subjecting their debtors to that full investigation which can never be conducted properly in the absence of the creditors. And this is the whole product of one night's deliberation in committee. How many will yet be required to complete the 537 clauses, especially when it is remembered that the most disputable and disputed of the provisions those that will bring the mercantile men into the field -are yet to come. tender himself for examination. It will be in vain for the judge to tell the jury that his refusal is not to prejudice him-it will do so unconsciously, for the question will pass in the mind, "if he can answer the statements against him, why does he not ?" And then, if he does tender himself, he will be subjected to precisely the same process for procuring a self-conviction as is now practised on all accused persons in France. So if the wife were competent, she would be practically compellable, for not to appear would be to admit; while her appearance would to all intents and purposes destroy that protection which the law has thrown around the communications of husband and wife, treating them as privileged, and justly deeming that it is a lesser evil that a few criminals should escape than that domestic confidence should be destroyed generally. The difficulties of the question are much greater than appear at first sight. The instance of Mr. HATCH proves the terrible injustice that may result from the exclusion of the wife's evidence-but then we are confronted by the equal injury that may result from her admission. The solution of the problem, perhaps, lies in the lesson it ought to teach judges and juries, not to convict where there is a reasonable doubt, and never to permit a conviction on the testimony of one witness only; and, above all, it proves the necessity for the establishment of some tribunal for a rehearing, in cases where a conviction may have been obtained on insufficient or unsatisfactory evidence at the trial, or new matter afterwards discovered. Surely this might be done without any of the dangers prophesied by the opponents of a criminal appeal. At all events it may be tried, and if after a year's experience it should be found productive of more mischief than good, it can be abandoned without inconvenience. Acting upon his interpretation of their right to do so, the Lords, by the overwhelming majority of 89-by nearly two to one rejected the Bill that was designed to cut off from a revenue, that will next year be deficient by more than twelve millions, the sum of a million and a quarter arising from a source not felt by the public, and which, when once parted with, is never again to be recovered, whatever our necessities. like insanity on the part of a Government, that Such a sacrifice, at such a moment, seems so great surprise has been expressed how an act so reckless and improvident could even have been suggested by a responsible Ministry. It is suffiWe do not reprint the debate, because, how-ciently explained by this, that the abolition of ever convenient to ourselves would be such an the paper duty was the express condition of the expedient, we feel that we should have no right support of the Manchester party. That was the to occupy our more costly pages with that which price paid for Mr. BRIGHT and Mr. GIBSON. all our readers may have already read, or may buy for a penny. EXAMINATION OF PRISONERS. But a little further reflection led to a modifica- THE BANKRUPTCY BILL. Is Bill has got into committee at last, but, fter a whole night's discussion, it has made but ittle progress. Only twenty-four clauses were isposed of, and these included some postpone-wife. ents. The business was prefaced by the preentation of a petition signed by 1000 of the rincipal firms in London, praying that the Bill night receive such consideration as would enable to pass both Houses during the present session f Parliament; and also by a petition from 200 VOL. XXXV.-No. 895. The difficulty, from which we cannot see an escape, and of which if he would suggest the removal we should feel much obliged to Mr. TAYLOR, is, that if the prisoner were admissible as a witness, it would always tell against him terribly in the minds of judge and jury were he to decline to The China war is to go on, and the money thus saved is already mortgaged. Should that war be yet averted, and continental clouds disperse, it will go to a diminution of next year's income-tax, and of the tea and sugar duties. But it is not alone for saving the public from a present evil that the Lords will receive the thanks of every taxpayer; they have done a still greater service by vindicating a power which they may be required to exercise against measures of confiscation, whose time of coming no man can prophesy. A democratic suffrage returning a democratic House of Commons, there would soon be seen here that which may now be witnessed in America or in our Australian colonies — the taxes spent by those who do not pay them, and, as a consequence of this, the confiscation of property under the convenient guise of taxes. In such a contingency, neither impossible nor even remote, those who have anything to lose will find in this power of the Lords to reject such measures their only protection. This will be a precedent of the exercise of their power when the safety of the public or the honour of the country shall again require it. The Democrats know this; they are conscious of the obstacle that will thus be opposed to the accomplishment of their designs, and hence their rage. Every man who has anything to lose, forgetting party for the safety of all property against a common peril, will give his support to the Lords in their vindication of a power which in these days can only be wielded against a danger of whose approach warning has been given both by Mr. BRIGHT and his ally Mr. GLADSTONE. THE MASTER OF THE ROLLS. THERE is not the most remote probability of the Reform Bill becoming law this session: at least, unless it should be entirely reconstructed in committee, which, in the month of June, is a task from which the House of Commons will shrink with dismay. There is a rumour of a compromise for an 87. rating franchise in boroughs, and a 201. franchise in counties; but it is not likely to prove more than a rumour. Doubtless both sides of the House would gladly settle on such terms, but the Democrats will hold the Whigs to their bargain. Nevertheless the mere possibility of a change has brought into the field candidates for the representation which by common consent has been promised to the University of London. The most distinguished of these is the MASTER of the ROLLS, whose personal claims are unquestionable, but against whom the objection has been raised that, while filling the office of judge, he ought not to be a member of Parliament. The argument is, that a representative cannot be perfectly independent, that more or less he must be under the influence of his constituents, and more or less must he feel himself to have obligations to many of them. Such influence would not in fact affect him upon the judgment-seat, but he would be suspected of a bias in cases wherein constituents may be parties, and it is not enough that a judge should be stainless-he must not be open even to the suspicions of disappointed suitors. The law has, on this account, expressly prohibited all the superior judges, and even the judges of the County Courts, from sitting in Parliament, and a Recorder cannot represent his own borough. It is only by an oversight that the MASTER of the ROLLS is eligible, although of late years he has declined to avail himself of the privilege. To this it is answered that judges act as legislators in the House of Lords, and construe the laws they have made, and that no practical inconvenience, but, on the contrary, a great advantage to litigants, comes of it. The reply is, of course, that the law lords are not representatives, and this principal objection to a judge sitting in the House of Commons is not applicable to them. The objection is sound and substantial, and, valuable as would be the services of the present MASTER of the ROLLS in Parliament, we should prefer to lose them rather than invade the wholesome rule excluding judges, which the law in all other cases, and recent practice in his own case, has established. No man would more honour the Legislature by his presence than Sir JOHN ROMILLY, and there is no seat he could fill with so little objection as that which is sought for him. But it is a precedent that may be abused hereafter by men of less integrity, and therefore we trust that he will not suffer himself to be put in nomination, but await that which must be conferred upon him ere long-a seat among the hereditary lawmakers, where he will do equal service to his country without the hazard of raising the objection to which we have alluded. THE ESTATE SALE SEASON. THE extraordinary prices at which agricultural products of all kinds, except wheat, are now selling, ought to influence the estate market very favourably. The immediate consequence in many neighbourhoods has been a rise in rents. Not far from London, where a ready sale is found for hay, the landlords have generally made an addition to their rents of ten shillings per acre. They allege the continued high prices of hay as the justification, and the farmers are submitting to it with less grumbling than usual. Straw has risen 20 per cent.; oats 25 per cent. Green vegetables and potatoes sell for more, weight by weight, than bread. Hay has been a ruinous expenditure to those who must keep horses. Nor is there any present prospect of a material decline in these prices. Upon the market depends the rental, and on the rental the selling value. An addition of 10s. per acre to the rent is really an addition of 151. per acre to the value. Auctioneers should impress this upon their audiences. Nevertheless, this has but partially affected the market as yet. The sales announced continue still to be much below the average quantity at this season, and those that have been effected are not very promising. The most notable are the following: In Devonshire there is advertised for June 21, a sale of an estate near South Molton, in lots: the first, Bidwell Barton, containing 127a. and farm-buildings; the second, a small piece of arable of 7a.; and the third, a plot of 16a. The buyer of the one will of course buy the others. Messrs. PEARSE and CROSSE, of South Molton are the solicitors for the sale. At Plymouth some house property is announced, the Three Crowns Inn, some adjoining premises, and a wharf-business premises, that are a safe investment. Messrs. STEPHENS and Co. are the solicitors. On the 6th June Mr. MARSH will sell a freehold farm of 208a., situate at Mayfield, near Tunbridge Wells. It is said to be worth 1607. per The vendor's solicitor is Mr. CALTHROP of 8, Whitehall-place. annum. Mr. GREENE, solicitor, of Higham Ferrars, Among the sales reported we note the follow- At Hanwell, 3 acres sold for 2001. In Essex, a residence and 23a. obtained 2150%. NOTES ON MERCANTILE LAW. TRAFFIC ACT 1854. vits left the facts in doubt, the case was a proper one for a reference. This case is remarkable- perhaps unfortu nately so-for having thrown the machinery of a very useful Act into a state of perplexity and complication. The cotemporaneous case of Ponsome v. Eastern Counties Railway, 2 L. T. Rep. N.S. 237, adds to the difficulty. There the Court refused to allow the complainants to file additional affidavits in support of their case, although none had been filed in reply. This course was in accordance with the common procedure of the court, unless the reference clause of the Railway and Canal Traffic Act may be thought to have repealed it by implication. But now it may be asked reasonably, how is a complainant under the Act to obtain redress for an undue preference if it be sufficient for the respondent to traverse his case on affidavit? If the rule in such a case is to drop, as in Nicholson v. Great Western Pad way, the remedial clauses of the Act against undue preference may be considered as practically gone; for, without imputing improper motives to a railway company, the bias of interest, or even of caprice, will always be enough to discover rea sons for granting a preference to one customer which is denied by the company to others. Perhaps it would be the better course for the Legislature at once to convert the discretionary power of the judge, in cases of alleged undue preference, into a compulsory duty to order a reference when the facts are left uncertain, as in Nicholson v. Great Western Railway, unless there be any chance of the case going to the Exchequer Chamber. Although the case which has just been noticed embarrasses the working of the Act, its principles Two cases of much practical importance have are now pretty well settled; and, without going been added lately to the mass of law which has minutely into the cases, it may be useful to state accumulated on this statute. Nicholson v. The here that which seems to be the general result of Great Western Railway Company, 2 L. T. Rep. N.S. them. On behalf of the public the court sets 234, is a re-appearance of the case of the same itself strongly against all private arrangements name which was decided in 1858; and was in between railway companies and their customers, substance an application by the complainant to by which advantages are secured to the latter the court to review the judgment which was then which are not extended, or even which are given against him: (28 L. J. 89, C. P.) That offered, to the public generally; and the fact of case affirmed the principle that a railway com- euch an arrangement being secret is in itself suf pany may lawfully make a difference in their ficient ground for a rule nisi, and probably for rates and charges with regard to large quantities costs: (Nicholson v. Great Western Railway Compea, to be carried a long distance, and with regu-28 L. J. 89, C. P.; Baxendale v. Great Wesen larity; charging less for carriage under such Railway Company, 28 L. J. 89, C.P.) The court is circumstances than they charge for goods carried also sedulous, and even suspicious, in discoverby them either in smaller quantities, or for a ing whether an arrangement, which on the surshorter distance, or with less regularity. Thus, face may seem to be open and universally appli in the former case, the fact that one customer cable, is intended really to favour some particular guaranteed an amount of traffic which the com- person or class of persons to the detriment d plainant would not guarantee, was held clearly others who are not included in it. Thus, in to preclude the complainant from his claim for Ransome's case, 26 L. J., 91, C.P., although Prior, an injunction against the respondents on the who was said to have an undue preference from ground of undue preference. the Eastern Counties Railway, actually guaranIn the late form of this case, the com- teed a larger traffic than the complainant, the plainant attempted to re-open the case by Court seems to have thought, on grounds which applying for a reference to an arbitrator under do not appear, that the arrangement was acthe 3rd section of the Act, to ascertain tually made to enable Prior to undersell Raawhether the difference of charges was duly some; and on this ground an injunction was proportioned to the difference of traffic. Judg- granted with costs. It seems to be also settled ment in the former case had been given that, even where there is no secrecy in an aragainst the complainant, chiefly because his rangement between a railway company and a affidavit had omitted to traverse, and had so customer, and even where the arrangement is tacitly admitted the affidavit of the respondents ostensibly open to all the world, the court will that there was no inequality in the ratios of grant an injunction if the circumstances be such tariffs. It was now distinct on the affidavits of as from their nature contine the arrangement to the complainant that there was such an inequality; one or two persons, or a class. Thus, in and as distinct on the affidavits of the respon- Harris v. Cockermouth Railway, 27 L. J. 162, C. B dents that there was none. It might have been the railway company had reduced its tariff in thought, before this case, that it was precisely of favour of a proprietor of land, who had ability to that sort which was contemplated by the Legislature divert the traffic of the company, and who had when it enacted in the third section of the Act, threatened to do so unless he received certain that on all applications under it it shall be law-special advantages for himself. This was held to ful, "if the court or judge shall think fit, to be an undue preference; and Cockburn, C.J. laid direct and prosecute, in such mode and by such down the general rule of construction on the engineers, barristers, or other persons, as they shall point, which seems to be now generally recognised, think proper, all such inquiries as may be deemed that "although a railway company have a right necessary to enable such court or judge to form to lay down certain rules in reference to par a just judgment on the matter of such complaint." ticular circumstances, provided they act bond And it was perhaps to have been hoped that the with regard to their own interests, and the fact that two judges, or even a single judge of the terests of the public, it is not at liberty to make court, thought that such a reference was desi- particular bargains with particular individuals, rable would have been thought in itself sufficient whereby one person is benefited and another into induce the court to grant the reference. jured." So, even in the extreme case, where the Unfortunately the court was divided, and there- respondents, wishing to introduce northern fore the rule dropped. The Chief Justice and coke into Staffordshire, lowered their rates for Mr. Justice Keating held that, as the respondents that purpose, it was held that this was giving an had given a distinct denial on affidavit to the undue preference to one species of traffic over affidavits of the complainant, the court would another, as nothing appeared to show that the not inquire further into the matter, particularly cost of conveyance was less in the special case as it was doubtful whether a referee, in the than in any other: (Oxlade v. North-Eastern Railevent of a reference, would have power to way, 26 L. J. 125, C.P.) So where a preference examine witnesses. Mr. Justice Williams and was given to a customer, who engaged to employ Mr. Justice Willes considered that, as the affida- other lines of the company for traffic, distinct ミ that in respect of which the preference was 1, the preference was held to be undue: endale v. Great Western Railway, 28 L. J. 69, .) On the other hand it is well estaed that in all these cases the fair interests e railway company are to be considered; that graduated preferences, proportioned e amount of traffic and reduced expenses of eyance, are quite legitimate; nor is the t disposed to be astute in construing such agements to the prejudice of railway comes: (Ransome v. Eastern Counties Railway, sup.) ailway company is justified in carrying s for one person at a lower rate than for her, if the circumstances render the cost to company less in the one case than in the r: (Oxlade's case, sup.) Thus, it is not an le preference for a railway company to carry s for A. at a lower rate than for B., if A. antee an amount of traffic which B. cannot antee; but it would seem that B. in such se is entitled to an allowance proportioned to -extent of his guarantee if he gives one for Amount of traffic: (Nicholson v. Great Western ay, 28 L. J. 89, C. P.) In reference to the ral principles which are here stated, see Garton v. Great Western Railway, 28 L. J. C. P., and Garton v. Great Western Railway, C. P. In the first of these cases the reducof charges in favour of the public who emed the company to carry to and from the ons instead of common carriers, was held to due prejudice against the latter; and in the id case facilities given to an agent to deliver 3 at the station after it was closed to others, also held to be an undue preference against who did not choose to employ the agent to er for them. TRADERS AND NON-TRADERS. (FROM A CONTRIBUTOR.) that the distinction as to after-acquired property in his case? The combination of circumstances in If we be answered that trading is an unsubstantial and impracticable distinction, we reply that a mere matter of every-day fact, which a common jury could decide broadly in a sensible manner, has become perverted into a technical matter of legal canon. is the attempt to force facts into the domain of law that causes half the difficulties and failures in the administration of justice. It bankruptcy, apart from the mere question of the The alleged grounds, then, of merging insolvency tribunal, are-1. Relief of the debtor's body from imprisonment; 2. Relief of his after-acquired property from distribution among his creditors in the insolvency. It is right that the Legislature and the public should know how this matter of imprisonment really stands. The Prisoners' Act, as it is called, the 1 & 2 Vict. c. 110, afforded relief to insolvents only who were in prison; but the 5 & 6 Vict. c. 116, the first of the two Protection Acts, reciting that it was expedient to protect from process against the pernegligence, has enacted that a non-trader, or, if son debtors without fraud, or gross or culpable owing less than 300, a trader, may petition, stating his debts and making a proposal, and may obtain protection. The effect of this Act, and of the Acts of 1844, is that at the present time, independently of the County Court jurisdiction, no honest and fair nontrader-debtor, conforming, can be arrested even in execution for a debt under 20., and that, whattection from arrest. If an insolvent is arrested, it ever be the amount of the debt, he may obtain promust be owing to his own dishonesty or obstinacyqualities which will equally render a bankrupt liable to loss of protection. How very small are the terrors of the Insolvency Court, is proved by the fact that in 1858, out of 1024 protection petitions in the London Insolvency Court, 816 were presented by traders; and in the space of two and a half years, in the L artifice and refinement having had their day, country, out of 4230 such petitions, there were only ndency of present legislation is to merge distinc50 presented by non-traders. Thus much for deand go back to a golden age of nature. Law gradation and the dictates of humanity. But still quity are to differ in name only; land and bank there remain the cruelty and wantonness of making ties are both to pass by a Government ledger the after-acquired property liable for the insol; companies commercial and companies social vent's old debts. The arguments by which the be one in management and one in winding-up; Attorney-General vindicate this part of the fusion 'all debtors, whether traders or not, shall be are as well stated as they can be by the aboveto be declared and adjudged bankrupt." Under mentioned commission. Their report said: "The ite Government all were to be insolvents; now all future liability of all insolvent debtors is, in > be bankrupts. The Attorney-General declares our opinion, a most unjust and impolitic law. The the existence of two different systems of bank- insolvent law, after interrupting a man in his busiy and insolvency is "a monstrous anomaly;" ness, taking all his property, imprisoning him until the insolvent shall no longer be subjected to the his place or business is occupied, and then turning idation of incarceration to wring from him a dis-him out destitute, a proclaimed insolvent and uny and surrender of his property; that imprison-worthy of trust, nevertheless expects him at some for debt without fraud is contrary to the dicof humanity-though how imprisonment to g discovery and surrender can be called imprient for debt was not explained. "Treading in bath of all the distinguished men of the other e who have adorned the jurisprudence of this try," the Attorney therefore proposes entirely to sh the distinction between bankruptcy and vency, and to make one law applicable to both. liability of the insolvent's future property is "a cruel and wanton provision; " and it is also sed, "in conformity with the opinion of all who have attended to this part of the ct," that in the absence of fraud no bank(meaning insolvent as well) shall be ed to make his future-acquired property debts contracted before his banky. Irrespectively of any merits of the banky and insolvency fusion question, there is here gh-handed claim to authorities that challenges ination. Certainly, the Bankruptcy Commisof 1840 reported, that it appeared to them, that mite the jurisdiction in matters of bankruptcy insolvency would, upon principle, tend much to fit the public; but that this benefit could not, thought, be obtained without placing all insolestates under the administration of one uniform em of law. They could perceive no good reason the estate of one debtor who was unable ay his debts in full should be administered in a rent manner from that of another debtor under -ame disability. All such estates should, in their on, be administered in some one mode which was adapted to secure the interest of creditors, by the ination of the debtor's accounts, and the disry and distribution of the property. Two years wards, on the introduction of Lord Cottenham's for abolishing imprisonment for debt, Lord dhurst remarked on the absurdity of the existing ion between the two courts for administering aw of debtor and creditor, and on the injustice of the provision by which the after-acquired erty of an insolvent debtor was made liable to his tors. Lord Denman is believed to have held ar opinions. But while Lord Brougham's view at the distinction between bankrupt traders and vent non-traders should be abrogated, he insists Should, however, the Committee of the House of Commons, appointed for the 14th to consider the clusion that between those two states of being there Bankruptcy and Insolvency Bill, come to the conis, besides over-indebtedness, some point of resemblance which has escaped us, sufficient to justify an application to them of the favourite fusion process, the committee will be responsible for such an adaptation of the old trader machinery to the new nontrader apparatus as shall prevent more mischief than usual in putting new wine into old bottles. In this the Bill, as it now stands, is somewhat defective. For instance, any country, or city gentleman either, who might peradventure execute a mortgage and communicated, or for any other amusement, or take a fancy to go abroad to see a king exfor his health, or the indulgence of a continental affectation in general, would scarcely be prepared, whatever might be his theory of debtor and creditor, to find on his return home an official assignee in possession of his estate, "to retain possession thereof until the appointment of a creditors' assignee," and a search-warrant out to boot. Yet in stand, and no privilege of Parliament could save him. that predicament would every travelling mortgagor Thus, let us put two or three sections of the Bill together. First (149), all debtors, whether traders or not, shall be liable to be adjudged bankrupt, and be subject to the provisions of the Act. Nexi (192), the court, under any petition filed by a creditor, "shall," upon proof of his debt, and of an act of bankruptcy committed by the debtor, adjudge such debtor bankrupt. Hence, when we find out what is meant by a debt, and what by an act of bankruptcy, we shall know how to get hold of the estate; for, as we have just intimated, and as might be expected (220), immediately on adjudication it shall be the duty of the official assignee to take possession of the estate. Now (185) we read that, in the computation of debts for the purpose of any petition, there shall be reckoned sums due to creditors holding mortgages or other available securities or liens; and (152) that if any debtor shall, with intent to delay his creditors, depart this realm, or shall remain abroad, or shall, &c., any such debtor doing, suffering, &c., with such intent any of the acts, deeds, or matters aforesaid, shall be deemed to have thereby committed an act of bankruptcy. future time to acquire property, which he is to give Not thinking it worth while to stay to comment on up for distribution among his creditors. The prac- the composition of this section, we wish to know tical result is, that he makes no exertion beyond what are to be the means of defining a traveller's supplying his own daily wants, and too frequently "intent," and how, in his absence, it is to be made becomes a permanently degraded character; his clear whether he fall within such definition, whatever family are brought up ill; hence society loses, and it may be; particularly when his banking account is the creditors do not gain." The idea of "interrupt- a little too evenly balanced. Of course, if it is well ing an insolvent in his business," is good enough to known that he is abroad to negotiate a commercial spice any blue-book. He is so full of business, poor treaty, or to take sweet counsel with an afflicted man! that he has not time to pay or even attend to Pope, or to hearten the circumvented Swiss, there is his debts. The picture of the degraded creature not much danger. But these are not the ordinary going over slipshod to the cookshop, and his children cases, and the court is to have no discretion. Doubtrunning about the streets, is no doubt very shocking; less (195) before the tourist can be gazetted, a duplibut somehow or other things are better managed in cate of his adjudication is to be served on him perpractice than they are by blue-book hypochondriacs.sonally, or by leaving it at his last known place of The practical working of the present law is, in fact, abode, and he is to be allowed three days, which the that the Insolvent Court does not touch property court may think fit to extend to "not exceeding acquired by a man's own industry after his dis- seven days in the whole," to appear and show cause. charge, and that it is the custom to take only one- Yet this is but a comfortless assurance to a yachter third of his after property otherwise acquired. in the Baltic or a pilgrim in the Holy Land. All such debtor and creditor machinery is suitable enough to a trader, who does not and has no business to remain abroad; but the attempt to apply it to totally different conditions of life is rude and rash legislation. for In this attempted adaptation of old bankruptcy machinery to mortgagees, here is a wonderful contrivance. Section 488 provides that in all matters, wherein creditors shall vote, or wherein the assent or dissent of creditors shall be exercised in carrying the Act into effect, every creditor shall be accounted such in respect of such amount only as upon an account fairly stated between the parties, after allowing the value of mortgaged property sball appear to be the balance due. The effect of which, coupled with the clauses above referred to, would be that a fully secured mortgagee, though a sufficient creditor to make his mortgagor a bankrupt, would not be a sufficient cre So far from this being any barbarity, or even obstacle to a renewal of trade, the above statistics of small traders in the Insolvency Court rather lead the way to a merger of bankruptcy in insolvency law, were it not for the name of the thing, than of insolvency in bankruptcy law. Why more than a nontrader, should a trader, if he acquires a legacy after his discharge, pocket it and laugh at his unpaid creditors? It is one thing to propose to administer bankruptcy and insolvency in the same court, but quite another to seek to confound distinctions which are based on realities. Bankruptcy is a phase of trade. Incidental to trade are fluctuations of price between purchase and sale, miscalculations in contracts, panics, strikes, dishonour by breaking houses, bad debts, and a multitude of accidents that must always hang over the life-long conversion and reconversion of money and money's worth. When the upturn at any time happens to be, that demands exceed the means of payment, the solution is, a division of the assets among the creditors and a fresh start to try again. But of what is insolvency a phase but of mere conduct? What is there necessarily attendant on a non-trader's career analogous to the incidents of a Take another instance of the inconsiderate levelcontinual exchange and re-exchange of commodities? ling of traders and non-traders. The first-born at A non-trader's duty is to make both ends meet, how- college has been rather a prodigal son in anticipation ever narrow the circle. What, then, is the fresh start 1 of his patrimony, and whether he goes into a far ditor to vote or exercise assent or dissent at any stage of the bankruptcy. Such a petitioner must content himself with being a mere spectator of the very proceedings which he has a compulsory power to set going by his petition. |