mall, will be sold by Messrs. WEATHERALL and GREEN, on the 30th inst. Mr. F. I. SHARP will offer for sale on the premises, on the 16th inst., the lease of a pleasure farm of 110 acres, together with the residence, household furniture, and pictures, at Ewell, Surrey. REPORTS OF SALES. NOTE -The Reports of the Stock Exchange are officially supplied in the following list. Auctioneers whose names are registered there will oblige by reports of their own sales. words "twelve months," and the insertion of the words "two years."—Mr. D. GRIFFITH gave notice that on the motion for going into committee on the same Bill he should move a resolution to the effect that in any scheme for the redistribution of seats the purity of election and freedom from undue influence electoral character of each borough with regard to should be taken into consideration, and that the question of its disfranchisement should be determined rather in reference to such considerations than by the adoption of any rigid and arbitrary line of mere population.-Sir E. COLEBROOKE gave notice that on clause 4 of the Bill, which related to county voters, he should move that the occupation of a dwelling which, with household and other offices, was of the annual value of 104. and upwards should entitle a man to the franchise.In reply to Mr. Gladstone, the CHANCELLOR of the EXCHEQUER said that the Government only intended before Leasehold residence, known as Ivy-cottage, No. 164, Wirtem-going into committee on the Representation of the People Bill, to move the omission of the clauses relating to the double vote, and the other matters explained in his speech of last Tuesday: With respect to other matters, it was the opinion of the Government that the House in committee would be able to find the best solution. He hoped that he Friday, March 29. By Mr. F. I. SHARP, at the Mart. Leasehold house, No. 5, Patterson-street, Stepney, let at 201. per annum term 70 years from 1830, at 4. per annumsold for 1651. Tuesday, April 2. By Messrs. FAREBROTHER, CLARK, and Co., at the Mart. berg-street, High-street, Clapham, let at 30% per annum, term 27 years unexpired, at a peppercorn-sold for 2607. Leasehold, two residences, Nos. 1 and 2, Myrtle-villas, Cottagegrove, Clapham-rise, producing 601. per annum, term 66 years unexpired, at 107. per annum-sold for 3701. Leasehold residence, with shop, No. 1, Wellclose-square, producing 521. per annum, term 24 years unexpired at 18/. per annum-sold for 2102 Leasehold residence, No. 8, Princes-street, Bedford-row, let might be allowed to state that the Government at 921. per annum. term 18 years unexpired at 321. per annum-sold for 2607. LEGISLATION AND JURISPRUDENCE. HOUSE OF COMMONS. THE PREROGATIVE OF MERCY. would go into committee with the most sincere and and anxious desire to co-operate with the House in bringing the question of Reform to a speedy and satisfactory settlement. SPECIAL FRANCHISES. Mr. T. CAVE asked the Chancellor of the Exchequer if he would be willing to introduce into the Bill for the amendment of the representation of the people a provision giving the franchise to male persons having had for two full years prior to July in each year a sum not less that 50%. deposited at interest in any duly constituted freehold land or building society.The CHANCELLOR of the EXCHEQUER: I think the question of the hon. gentleman is based on a misapprehension of the circumstances on which the special franchises in the Reform Bill are founded. of a certain sum in the public funds, for example, or The franchises which are founded on the possession in the savings banks, and on direct taxation, are founded on circumstances which are as it were in the eye of the Government, and over which they have That character does not apply to the commendations were three: 1. That the punish-franchise to which the hon. gentleman refers, which Mr. D. GRIFFITH asked the Secretary of State for the Home Department whether he wished it to be understood that in all cases which had fallen under his consideration since he had been in office he had adopted, and intended in future to adopt, the recommendations of the Royal Commissioners on capfial punishment as a test and guide for the exercise of the Royal prerogative of mercy, before any legislation by Parliament had taken place on the subject.- Mr. WALPOLE said that he thought it right, before answering the question, to state specifically what were the recommendations of the Royal Commissioners, which he had endeavoured humbly and faithfully to act upon. Those re ment of death be retained for all murders deliberately committed with express malice aforethought, such malice to be found as a fact by the jury. 2. That the punishment of death be also retained for all murders committed in or with a view to the per petration, or escape after the perpetration, or attempt at perpetration of any of the following felonies, murder, arson, rape, burglary, robbery, or piracy. 3. That in all other cases of murder the punishment be penal servitude for life, or for any period not less than seven years, at the discretion of the court." Those recommendations were unanimously adopted, and he had never heard them found fault with on the ground that they restricted the punishment of death too much. The question had been raised whether the restriction might not have been carried some what farther. When he acceded to the office he now held he felt it his duty to act on the unanimous recommendations of the commissioners as far as he could. Perhaps he might take the opportunity of adding that there was no duty so painful to a Secretary of State as the duty of advising with reference to the exercise of the prerogative of mercy, but in the discharge of that duty he could have no doubt that whoever might fill the office of Home Secretary would not be influ nced, as he believed he had not himself been, by any other motive than the desire honestly and faithfully to execute the law in the manner in which it was intended that the law should be executed. He must, however, say that, difficult as that duty was, the difficulty would be ten times-aye, a hundred times increased if those who wished to question the conduct of the Secretary of State in reference to advice given in cases of this kind made attacks on him without information, or with insufficient information. He could assure hon. gentlemen that full information and explanations when applied for would be freely and willingly given; and if that information were withheld, or if there appeared any reason to find fault with the course pursued, then, and not till then, was the time to appeal to the House. control. is one that I cannot for a moment countenance. THE NEW LAW COURTS. Mr. LANYON asked the Secretary to the Treasury whether it was the intention of the Commissioners of the Law Courts to accede to the request of the competing architects to the effect that two professional men, selected by the competitors, be added to the judges.Mr. HUNT replied that the Government had come to the conclusion that it was too late to alter the arrangement in the matter which had been already made. JUDGES CHAMBERS (DESPATCH OF BUSINESS) BILL. The Bill was read a second time, the LORD CHANCELLOR undertaking to introduce a clause to give an appeal from decisions of the Masters in Chambers, to which class of judicial officers the Bill transfers the duties hitherto performed by judges in chambers. CRIMINAL LUNATICS BILL. The EARL of BELMORE moved the second reading of this Bill, the object of which is to enlarge the power of the Secretary of State to deal with criminal lunatics, especially as respected their maintenance and discharge.The EARL of SHAFTESBURY, while approving the Bill, observed that from the growing habits of nervous excitement of the great commercial class, and from other causes, lunacy was likely to increase; and he called attention to the third clause, which gives the Secretary of State power, conditionally as well as absolutely, to discharge lunatic criminals. The Secretary could at present discharge absolutely; but to give him power to discharge on conditions involved a grave principle. and deserved the deepest consideration, lest, under such a power, dangerous lunatics should be let loose upon society. Simulation of madness after conviction for crime was a common thing, because the treatment of criminal lunatics was infinitely better than that of some criminals, and this was another circumstance which ought to inculcate great caution and circumspection in the Secretary of State in liberating these criminals. -- After a short conversation the Bill was read a second time. THE DISFRANCHISEMENT OF CORRUPT BOROUGHS. Mr. R. GURNEY gave notice that he should ask the Chancellor of the Exchequer whether, in the event of the boroughs of Lancaster, Yarmouth, Reigate, and Totnes being disfranchised, he proposed to give votes for the county to those persons who had after a full inquiry been reported as not guilty of bribery and corruption. SENTENCES OF PENAL SERVITUDE. In reply to Mr. Gilpin, Mr. WALPOLE said that he had no official information of two men having been sentenced to seven and ten years' penal servitude by Baron Bramwell at Kingston, and who on accoun sentence of their becoming violent and abusive on receiving were called back, after having been removed from the bar, and sentenced to a further term of five years each. THE CONVICTION OF TOOMER. In reply to Sir R. Collier, Mr. WALPOLE said last autumn he had received a memorial from John Toomer, who was convicted last July of rape at Reading, praying for a free pardon. He had taken the usual course of referring to the judge who tried the case, and the result was that it was found to be the prosecutrix was to be believed Toomer was guilty, a question of credibility asregarded the witnesses. I if the two witnesses on his behalf were to be relied the jury found him guilty with extenuating circumupon he was innocent. Under these circumstances, stances, which they expressed to mean that the prosecutrix had given him encouragement. H must object to lay on the table memorials and correspondence which affected other parties, who would have no opportunity of explanation; but as regarded his own conduct in the matter he was ready to give any explanation. It was not for him to decide a question of the credibility of witnesses, and he had replied to the memorial offering every facty for Toomer indicting the prosecutrix for perjury, and stating that in the event of his establishing that a free pardon would follow as a matter of course. To this the objection was raised that Toomer's property was forfeited to the Crown, and he had no means to indict the prosecutrix. That, however, was not the case, as the greater part of his property was made over to his father before the trial. The only appl cation he had received was for a free pardon, and since the autumn he had not heard one word of the matter, and he must explain that his conduct Lad not only been misapprehended, but perverted. LAW OF MASTER AND SERVANT. Lord ELCHO, in moving for leave to bring in a Bill to amend the law of master and servant, sail he had taken up that important subject because his rigis hon. friend the Home Secretary was prevented by his other engagements from initiating any legislation upon it in the present session. A select committee had sat last year upon that question, and, after going very fully into all its bearings, came to the conclusion that the present state of the law was objectionable, and ought to be amended. As the law now stood a breach of contract, which ought to be viewed, and which the committee viewed as a civil offence, was treated criminally. That was the great grievance of which the employed class complained; and the measure which he sought permis sion to introduce was mainly found on the principle laid down in the report of the committee-nam that the breach of contract should be dealt with in future civilly, and not criminally-that a servant should no longer be liable for a simple breach c contract to be seized, handcuffed, and put in prison, and even subjected to hard labour. It was there fore proposed by the Bill that there should be equality between the employed and their employes that breaches of contract, as a rule, should be treated as civil offences; but that there should be a distinction between two different classes of breaches of contract, that in ordinary cases they should be dealt with civilly, but that where there was any aggravation attending them, such as wid injury to person or property, a criminal cha racter should attach to them, and the persons committing them should be liable to imprisone ment. It was proposed that ordinary breaches of contract should be tried before two justices of the peace or a stipendiary magistrate in England, and before the sheriff in Scotland; bat that aggravated cases, where there had been will injury to persons or property, should be remitted to the sheriff in Scotland, and to the sessions in England. It was also proposed that in ordinary breaches of contract the parties brought up for trial should be competent witnesses in their own cases; but that they should not give evidence in respect of aggravated or violent breaches of contract. Fil likewise proposed to do away with arrestment of wages in Scotland. He had been in communica tion both with men and masters on that subject, and a Bill had been drawn up first by the men, and afterwards submitted to the masters. The present measure, as he had intimated, was mainly based on and the resolutions of the committee of last year: both masters and men were agreed in the main of its provisions. He trusted, therefore, that there was a prospect of satisfactory legislation on that question this session, and all he asked was, that the House might extend to him, as a private member, tha: kind consideration and ready help which he was sure it would extend, and without which he could not hope moving for leave to bring in the Bill.Mr. AYRTON to carry his measure. The noble lord concluded by seconded the motion, which was then agreed to. The ATTORNEYS', &c., CERTIFICATE DUTY BILL Mr. DENMAN, in moving the second reading of this Bill, recapitulated the grounds on which the repeal of that duty had been previously advocated. The that on a judgment of law being given against a SALE AND PURCHASE OF SHARES BILL. Mr. Alderman LUSK moved that the chairman report RAILWAY DEBENTURES. Mr. CRAWFORD moved a resolution, "that in cases where adequate security can be given the State should assume the responsibility of the debenture debt of railway companies unable to meet their engagements, upon conditions providing for the eventual acquisition of such railways by the State upon terms of mutual advantage to the State and to the railway companies." In illustration of the vastness of the interests involved, and the importance of not permitting the traffic of any line to be stopped, Mr. Crawford gave some very interesting statistics of railway operations, and, after indicating what he conceived to be serious defects in our original railway legislation, such as the neglect to secure for the State the ultimate reversion of the lines and the fixing of debentures at such short dates, he argued that the time had come when we ought to try to recover the advantages we had then sacrificed. The present position of railway finance, he showed, was now becoming most serious, and, having discussed the various remedies suggested, he proceeded to explain the general features of his own plan. He proposed Debt. verification; and, clause 1 having been negatived, Mr. GRIFFITH acquiesced in a motion to report progress, so that the Bill, though not absolutely rejected, remains in a condition of suspended animation. LAW BILLS IN PARLIAMENT. BANKRUPTCY ACTS REPEAL BILL. 4 Bill to repeal enactments relating to Bankruptcy in England, and to matters connected therewith. Preamble.-Whereas the enactments described in the schedule to this Act relate to bankruptcy in England, or to matters connected therewith, and the same either have ceased to be in force, or on the commencement of divers Acts of the present session will cease to be in force, and it is therefore expedient that the same be expressly repealed: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, as follows: Repeal of enactments in schedule.-1. The enactments described in the schedule to this Act are hereby repealed; but this repeal shall not affect the past operation of any such enactment, or revive any court, office, jurisdiction, or authority abolished by any such enactment, or affect the force or operation of any Order in Council made, or the operation or enjoyment of any appointment, office, salary, pension, retiring or superannuation allowance, compensation, or salary for life, made or granted, or the validity or invalidity of anything done or suffered, or any right, title, obligation, or liability accrued, before the commencement of this Act, by or under any such enactment; nor shall this Act interfere with the prosecution or affect the course of any proceedings under or in relation to any adjudication of bankruptcy made, or petition for protection or discharge from custody presented, or resolution passed, or deed registered, or order made, or thing done under any such enactment before the commencement of this Act, or affect any of the incidents or consequences of any such adjudication, petition, resolution, deed, order, or thing; nor shall this Act interfere with the institution or prosecution of any proceeding in respect of any offence committed against, or any penalty or forfeiture incurred under, any enactment hereby repealed. Commencement.-2. This Act shall take effect from the thirty-first day of December one thousand eight hundred and sixty-seven. Short title.-3. This Act may be cited as the Bankruptcy Acts Repeal Act 1867. SCHEDULE. Enactments repealed. 12 Geo. 4. c. 115.-An Act to repeal so much of an Áct of the fifth year of the reign of His late Majesty King George the Second, relating to bankrupts, as requires the meetings under commissions of bankrupt to be holden in the Guildhall of the city of London, and for building offices in the said city for the meetings of the commissions, and for the more regular transaction of business in bankruptcy. 1 & 2 Will. 4, c. 56.-An Act to establish a Court of Bankruptcy. 2 & 3 Will. 4, c. 114.-An Act to amend the laws relating to bankrupts. 5 & 6 Will. 4, c. 29.-An Act for investing in Government securities a portion of the cash lying unemployed in the Bank of England belonging to bankrupts' estates, and applying the interest thereon in discharge of the expenses of the Court of Bankruptcy, and for the relief of the suitors in the said court, and for removing doubts as to the extent of the powers of the Court of Review, and of the subdivision courts. 67 Will. 4, c. 27.-An Act for investing in Government securities further portions of the cash lying unemployed in the Bank of England belonging to bankrupts' estates. 5 & 6 Vict. c. 122.-An Act for the amendment of the law of bankruptcy. 78 Vict. c. 70.- An Act for facilitating arrangements between debtors and creditors. 7 & 8 Vict. c. 96, in part.-An Act to amend the law of insolvency, bankruptcy, and execution, in part-namely, sections one to fifty-six, both inclusive. 10 of 11 Vict. c. 102.-An Act to abolish the Court of Review in Bankruptcy, and to make alterations in the jurisdictions of the Courts of Bankruptcy and Court for Relief of Insolvent Debtors. 12 & 13 Vict. c. 106.-The Bankrupt Law Consolidation Act 1849 14 & 15 Vict. c. 83, in part.-An Act to improve the administration of justice in the Court of Chancery, and in the Judicial Committee of the Privy Council, far as it relates to matters of bankruptcy. in part-namely, section seven and section ten, as of Lord Chancellor's Secretary of Bankrupts, and 15 & 16 Vict. c. 77.-An Act to abolish the office to regulate the office of Chief Registrar of the Court of Bankruptcy. 16 & 17 Vict. c. 81.-An Act to reduce the salary and emoluments of the registrar of meetings of the Court of Bankruptcy. 17 & 18 Vict. c. 119.-The Bankruptcy Act 1854. 18 19 Vict. c. 15, in part.-An Act for the better protection of purchasers against judgments, Crown debts, cases of lis pendens, and life annuities or rentcharges in part, namely, section ten. 23 & 24 Vict. c. 147.-An Act to amend the seventh and eighth Victoria, chapter seventy. 24 & 25 Vict. c. 134.-The Bankruptcy Act 1861. 25 26 Vict. c. 99.-An Act to amend the Bankruptcy Act (1861). JUDGMENT DEBTORS' BILL. A Bill to abolish Arrest on Final Process in Civil Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. ment Debtors Act 1867. Temporary Arrest on Warrant. 8. When warrant may issue.-From and after the commencement of this Act a warrant for the arrest of a debtor who, if this Act had not been passed, would have been liable to arrest on a writ of capias ad satisthe contrary, be issued, on the application of the faciendum, shall, unless there appears good reason to person who would have been entitled to sue out such writ, by a commissioner of the Court of Bankjudge, the judge of a local court of record having ruptcy for a country district, a County Court jurisdiction in actions for the recovery of sums of twenty pounds or upwards, the recorder of a city, borough, or town corporate, a police or stipendiary magistrate, or two justices of the peace for the county or place where application is made (except a judge, 1. Short title.-This Act may be cited as the Judg-recorder, magistrate, or parties acting in Middlesex or Surrey), on proof on oath of the deponent's belief that the debtor is about to depart out of England 2. Commencement.-Except as in this Act expressly otherwise provided, this Act shall take effect from and immediately after the thirty-first day of December one thousand eight hundred and sixty-seven (which time is in this Act referred to as the commencement of this Act). 3. Interpretation-9 10 Vict. c. 95.-In this Act the term "County Court" means a County Court holden by virtue of the Act of the session of the ninth and tenth years of Her Majesty's reign (chapter ninety-five), "for the more easy recovery of small debts and demands in England." Arrest on Final Process. 4. 1859, sects. 1-27-1866, sects. 91-94-Arrest in excution restrained.-From and after the commencement of this Act no person shall be arrested on final process in a civil action, except in the cases and manner in this Act provided; and from and after the same time no person shall be charged in execution in a civil action, except where, if not in custody, he might under this Act be arrested on final process therein. 5. Present power of arrest unaffected in certain cases. -The power of arrest on final process in a civil action existing by law at the commencement of this Act shall remain unaffected in the following cases: 1. Where judgment is recovered for a sum exceeding twenty pounds (exclusive of costs) as damages in an action for libel, slander, assault, battery, seduction, breach of promise of marriage, malicious arrest, malicious prosecution, malicious trespass, malicious injury, or malicious filing or prosecution of a petition for adjudication of bankruptcy: II. Where in an action for the recovery of a debt or money demand judgment is recovered for a sum exceeding twenty pounds (exclusive of costs), and it is certified, either at the trial by the presiding judge, or after the trial by a judge of a superior court of law, either(1.) That the debt or liability in respect of which judgment is recovered was contracted or incurred by the defendant by or by reason of fraud or false pretence or breach of trust; or(2.) That the defendant had obtained forbearance of the debt or liability by fraud or false pretence; or (3.) That the defendant had put the plaintiff to unnecessary expense or delay by vexatious or frivolous defence to or proceedings in or relating to the action: III. Where in the court in which judgment is recovered there is filed, by or on behalf of a person who, if this Act had not been passed, would have been entitled to sue out against a debtor a writ of capias ad satisfaciendum an affidavit of the deponent's belief that the debtor is about to depart out of England unless he is forthwith arrested. 6. Proceedings in the third of these cases.-Provided, as to the thirdly-mentioned case, as follows: (1.) A writ of capias shall be issued within seven days from the filing of the affidavit, and be executed within fourteen days from the day of its date (which shall be the day of its issue), inclusive: (2.) The person arrested may at any time after arrest apply to a judge of a Superior Court of law for an order or rule on the other party to show cause why he (the person arrested) should not be discharged from custody, and the judge either may discharge the order or rule (if granted), or may make it absolute, with or without requiring bail or imposing terms, or may make such other order as seems just : (3.) The order of a judge may be varied or discharged by the court in which the judg ment is recovered: (4.) Subject to general orders, the judge or court unless he is forthwith arrested. 9. Nature of warrant.- The warrant shall be 10. Indorsement.-The warrant shall be indorsed 12. Execution.-The officer shall indorse on the the certificate by this Act required indorsed, being may at any time after arrest apply to the commis- 16. Costs of application for discharge.-Subject to 17. Discharge on payment.-A person in custody on whose behalf the warrant issues shall in every 20. Where not.-If the debtor is not arrested under of the warrant shall wholly cease at the end of seven 22. Costs to be allowed, when.-The person on whose behalf the warrant issues shall be allowed as against 23. Discharge from custody on payment.—A person in custody under a writ of capias issued under this Act shall be entitled to be discharged from custody under the writ at any time on satisfaction of the fees and charges (if any), or, if he does not satisfy judgment-debt and costs, and payment of the proper the judgment-debt and costs, shall be entitled to be discharged from custody under the writ at the end of that day, on payment of the proper fees and of six months from the day of his arrest, inclusive charges, if any. on final process made after the commencement of 24. Arrest not to be satisfaction of debt.-An arrest this Act shall not be a satisfaction of the debt, and shall not lessen the creditor's rights or remedies for recovering the debt by execution on or proceedings against the debtor's property, or deprive the creditor of the benefit of any charge or security on any property; but no person shall be liable to be arrested more than once under the same judgment, except in case of escape or rescue, or discharge on the ground of temporary privilege, or of irregularity in the process, or 'in case of discharge having been obtained by fraud. 25. Extension of powers of Absconding Debtors Arrest Act to recorders, c.-14 & 15 Vict. c. 52From and after the commencement of this Act the provisions of the Absconding Debtors Arrest Act 1851, relating to a commissioner of the Court of Bankruptcy, or County Court Judge, shall extend to the judge of a local court of record having jurisdiction in actions for the recovery of sums of twenty pounds or upward, the recorder of a city, borough, or town corporate, a stipendiary magistrate, and any tro justices of the peace for the county or place where the application for a warrant under that Act is made acting in Middlesex or Surrey). (except a judge, recorder, magistrate, or justices Procedure. sions of this Act may in any case be sworn before 26. Before chom affidavits may be sworn.-An affidavit to be used under any of the foregoing proviany person authorised to take affidavits in a superior court of law, or before the commissioner or other authority before whom the affidavit is to be used. 27. Penalty for false affidavit.-If any person wil warrants.-The judges of the superior courts of 29. Other warrants to be regulated by general orders. Counties Palatine. 30. Provision for Counties Palatine.-Such of the foregoing provisions of this Act as relate to judgjudgments of the Court of Common Pleas of the county ments of the Superior Courts, and to those courts or a judge of one of them, shall extend and apply to palatine of Lancaster, and to that court within its jurisdiction, or a judge thereof, being also a judge of one of the superior courts of law at Westminster, and to judgments of the Court of Pleas of the county palatine of Durham, and to that court within its jurisdiction, or a justice thereof, being powers by this Act given to the judges of the also a judge of one of the Superior Courts; and the Superior Courts, or two or more of them, to frame and give directions concerning writs, shall be exercised, with respect to the said courts of the counties being also judges of the Superior Courts, or by any palatine, by the respective judges of those courts, two of them. Discharge of existing Prisoners. 31. 78 Vict. c. 96, s. 58-Discharge of persons in custody at commencement of Act.—Where any person custody under a writ of capias ad satisfaciendum, he is at the commencement of this Act in prison of may at any time after the commencement Act make application to a judge of a superior court this of law for his discharge from custody, and on such application, he shall be entitled to such discharge (without payment of fees) by order of the judge, as follows: (1.) If he was arrested or is detained in a case in which he could not be arrested on final process after the commencement of this Act, he shall be entitled to such discharge forth with: (2.) If he was arrested or is detained in a case in which he might be arrested on final process after the commencement of this Act, he shall be entitled to such discharge at the expiration of six months from the commencement of this Act. 32. Subsequent arrest in case of fraud, &c.-If any such discharge is obtained unduly or fraudulently, the person discharged shall, on the same being shown to the satisfaction of a judge of a superior court of law, be liable to be, by order of such judge, arrested and remanded to his former custody, but he shall be entitled to his discharge out of custody at the expiration of six months from his being so again arrested. 33. Protection of sheriff, &c.-Any sheriff, gaoler, or other person shall not be liable as for the escape of any person in respect of his enlargement during the time for which he is at large in consequence of such undue or fraudulent discharge. 34. Arrest not satisfaction in such cases. Where any person is so discharged his arrest shall not be deemed to have been a satisfaction of the debt, and shall not lessen the creditor's rights or remedies for recovering the debt by execution on or proceedings against the debtor's property, or deprive the creditor of the benefit of any charge or security on any property. Arrest on Attachment and for Contempt. 35. Restriction on attachment and process of contempt. -From and after the commencement of this Act, attachment to enforce payment of money, costs, or fees shall not be issued from any court of law or equity, or from any other court, or in lunacy, without a special order of the court from which the attachment issues, or of a judge thereof, or of the Lord Chancellor, or Lords Justices of the Court of Appeal in Chancery, in Lunacy; nor shall any person be arrested or imprisoned under any process of contempt issued from any court to enforce payment of money, costs, or fees without a special order of the court from which the process issues. Summons under Small Debts Act. Where at the issuing of the summons the debtor is not in England, then in the Court of Bankruptcy in London. 40. Service of summons in England.-Where the debtor is in England the summons shall be served personally, unless in any case the court issuing it thinks fit to direct that service in some other manner shall be good service. 41. Serrice where debtor in custody.-Where the debtor is in custody, a duplicate of the summons shall be delivered to the sheriff or other person in ing to the summons. whose custody he is, who shall bring him up accord 42. Service of summons out of England.-Where the debtor is not in England, the court, on evidence satisfying it what service will be effectual to give the debtor knowledge of the summons, may order service to be made by such means and in such manner as it thinks fit. 43. If no service, notice in Gazette and newspaper.If service of the summons is not effected, and the court out of which it issues is satisfied that the debtor is keeping out of the way to avoid service thereof or of other proecss, it may order that a notice or notices be inserted in the London Gazette, and in a newspaper or newspapers published or usually circulated at the place where is the debtor's usual or last known place of abode or business in England requiring him to appear at a time and place therein specified, such time being not less than fourteen days after publication of the first of such Gazette notices. therein stated, and proof of the contrary shall lie on the accused. 52. Judgment-debtor keeping out of the way of summons a misdemeanor.-If any person after notice of a judgment, decree, or order for a sum exceeding fifty pounds (exclusive of costs) recovered or made against him, with intent to avoid service of a judgment-debtor summons, or otherwise to defeat or delay the creditor in obtaining satisfaction of the debt or demand, or his creditors generally, departs or remains absent from his usual place of abode or business, or otherwise keeps out of the way of legal process, or conceals himself, he shall be deemed guilty of a misdemeanor, and shall be liable, at the discretion of the court before which he is convicted, to punishment by imprisonment for any term not exceeding one year, with or without hard labour. 53. Costs.-The court may make such order respecting the costs or the charges and expenses of any person in relation to a judgment-debtor summons and the mode of recovering them as to the court seems just. Sale in Execution. 54. Goods, &c. taken in execution to be sold by auction 1861, s. 74.-Where personal property is sold under an execution on a judgment recovered in an action or suit brought for recovery of a debt, money demand, or damages exceeding fifty pounds, the same shall, unless the court in which judgment is recovered otherwise directs, be sold by the sheriff by public auction, and not by bill of sale or private contract, and such sale shall be publicly advertised by the day of sale.. sheriff on and during three day's next preceding the appearance of the debtor he may be examined on 45. Adjournment and security. The court may, if it thinks fit, adjourn the hearing of the summons from time to time, and require from the debtor such security for his appearance at the adjourned hearing as the court thinks fit. 46. Commitment of debtor on refusal to be sworn, fc.-If the debtor refuses (when required by the court) to be sworn, or refuses to answer any lawful 36. Extension of Small Debts Act, 8 & 9 Vict. c. 127. question put by the court, or does not fully answer -The Act of the session of the eighth and ninth to the satisfaction of the court any such question, or refuses to sign his examination when required by years of Her Majesty's reign (chapter one hundred the court, or does not produce all books and docuand twenty-seven), "for the better securing the payments which he is required by the court to produce, ment of small debts," shall with respect to judgments and orders obtained after the commencement of this Act be read and have effect as if the words fifty pounds were substituted in section one thereof for the words twenty pounds. Judgment-debtor Summons. on 37. 1859, §§ 28-41, 47-50. 1861, ss. 76-85, 90. = 1866, §§ 119-126-Judgment debtor summons judgment at law.-Where any person having recovered judgment against another in a court of record is entitled to sue out execution on the judgIment in respect of a sum exceeding fifty pounds (exclusive of costs) the judgment-creditor may sue out against the judgment-debtor, if a trader at the end of one week, and if not a trader at the end of one month, from the signing of judgment, whether the debtor is in custody or not, a summons (to be = calledļa judgment-debtor summons) requiring him to appear at a time and place therein specified, and be examined respecting his ability to satisfy the debt. 38. Judgment-debtor summons on decree in equity, order in lunacy, fc.-If any person directed by a decree or order of a court of equity, or other court, or an order in bankruptcy or lunacy, to pay any money exceeding fifty pounds (which person is comprised in the term debtor in this Act) disobeys the same, having been duly served therewith, and the person entitled to receive or interested in enforcing payment of the money (which person is comprised in the term creditor in this Act) obtains a peremptory order of the competent jurisdiction fixing a day for payment, and the debtor fails, if a trader for fourteen days, and if not a trader for one month, after service on him of the peremptory order, or after the day fixed by the peremptory order for payment (whichever period last expires), to pay or tender, or to secure or compound for to the satisfaction of the creditor, the money directed to be paid, the creditor may at the end of that period of fourteen days or one month, sue out against the debtor a summons (to be called a judgment-debtor summons) requiring him to appear at a time and place therein specified, and be examined respecting his ability to satisfy the demand. 39. Issue and return of summons.-A judgmentlebtor summons may issue out of any court having urisdiction in bankruptcy, but shall be made returnble as follows, in the discretion of the court out of vhich it issues: Where at the issuing of the summons the debtor is in England, then in any court having jurisdiction in bankruptcy at the place where the debtor usually lives or at the issuing of the summons happens to be: or fails to give such security for his appearance at an adjourned hearing as the court requires, the court may, if it thinks fit, by warrant commit him to such prison as the court appoints, there to remain, without bail, until he submits himself to the court, and does the thing which he so refuses or fails to do. 47. Contents of warrant.-The warrant of commitment need not set forth or specify any part of the examination of the debtor, but shall refer to the examination as remaining on the file of proceedings, and shall specify the date thereof. 48. Question to be specified-Where the debtor is committed for refusing to answer or not fully answering a question, that question shall be specified in his examination. 49. Delivery of copy of examination.-A copy of the examination shall be delivered personally to the debtor within forty-eight hours after his actual lodgment in prison, and in default thereof he shall be discharged from custody, either by the court by which he is committed, or by any court or judge before whom he is brought by habeas corpus, with such costs (if any) as the court or judge thinks fit. 50. Discharge on habeas corpus.-On habeas corpus sued out by the debtor for his discharge on any ground he shall not be discharged by reason only of informality, but if the court or judge before whom he is brought, on inspection and consideration of his whole examination, is of opinion that his answering is satisfactory, the court or judge may order his discharge. 51. Concealment on examination misdemeanor.—If the debtor does not on his examination make a full and true discovery of property applicable to the satisfaction of the debt or demand, or does not produce all books and documents which he is required by the court to produce, he shall be deemed guilty of a misdemeanor, and shall be liable, at the discretion of the court before which he is convicted on indictment, to be punished by a fine not exceeding fifty pounds, or by imprisonment for any term not and shall be liable on summary conviction to a exceeding one year, with or without hard labour, penalty not exceeding twenty pounds, or to imprisonment for any term not exceeding six months, with or without hard labour. On every prosecution for a misdemeanor a certificate of the court before which the debtor was examined, certifying the proceedings, and to the effect that the debtor has not made such discovery or production as aforesaid (specifying the particulars of the offence), shall be evidence of everything The sheriff or other officer making the levy is hereby discharged from liability by reason of anything done by him in execution or intended execution or pursuance of this section. Warrants of Attorney, Cognorits, and Orders for 56. Filing of warrant of attorney and cognovit actionem-1849, sect. 136-3 Geo. 4, c. 39.-Where in a personal action a warrant of attorney to confess judgment or a cognovit actionem is given, and the same, or a true copy thereof, is not filed with the officer acting as clerk of the docquets and judgments in the Court of Queen's Bench within twenty-one days next after the execution thereof as required by the Act of the third year of the reign of King George the Fourth (chapter thirty-nine), "for preventing Frauds upon Creditors by secret Warrants of Attorney to confess Judgment," the same shall be deemed fraudulent and shall be void; and if any such warrant of attorney or cognovit actionem so filed was given subject to any defeasance or condition, such defeasance or condition shall be written on the same paper or parchment with the warrant or cognovit before the filing thereof, otherwise the warrant or cognovit shall be void. 57. Filing of judge's order to enter up judgment -1849, s. 137.-Where a judge's order made by consent is given by a defendant in a personal action whereby the plaintiff is authorised forthwith, or at any future time, to sign or enter up judgment, or to issue or take out execution, whether such order is made subject to any defeasance or condition or not, then if the action is in the Court of Queen's Bench the order, and if the action is in any other court a true copy of the order, shall, together with an affidavit of the time of such consent being given, and a description of the residence and occupation of the defendant, be filed with the officer acting as clerk of the docquets and judgments in the Court of Queen's Bench within twenty-one days after the making of the order, otherwise the order and any judgment signed or entered up thereon, and any execution issued or taken out on such judgment, shall be void. 58. Application of 3 Geo. 4, c. 39-6 & 7 Vict. c. 661849, s. 137. The provisions of the said Act of the third year of King George the Fourth, and of the Act of the session of the sixth and seventh years of Her Majesty's reign (chapter sixty-six), "to enlarge the provisions of an Act for preventing frauds upon creditors by secret warrants of attorney to confess judgment," for liberty to file a warrant of attorney or cognovit actionem, or a copy thereof, with the clerk of the docquets and judgments, and for that clerk to make certain entries and search in relation thereto, and for entering satisfaction thereon, and for fees for search, and filing and taking office copies, shall extend and be applicable to every such judge's order. | PUBLIC-HOUSES REGULATION BILL-Mr. Graves's Bill proposes that the justices, at the annual general licensing meeting, shall grant a public-house licence to any person not disqualified by the Licensing Acts, provided his character is satisfactory to the justices. But he must give a bond for 1007., with two resident householders as sureties, for the payment of any penalties he may incur. Also the house must be of a certain rateable yearly value, varying according to the number of population; where it does not exceed 5000, the rateable value must be 15., the scale rising until in a district or place with more than 75,000 inhabitants the rateable value must be 501., the excise duty also rising from 107. in the former case to 351. in the latter. Certain conditions are to be imposed in the licence; among them that the publican is not knowingly to sell liquors fraudulently adulterated or diluted, and that the house is to be open or to sell (save to lodgers on the premises and travellers) only from 7 a.m. to 11 p.m., and on Sundays from 1 p.m. to 3, and from 8 to 10 p.m., with power to the local authorities further to limit the Sunday hours. Publicans closing entirely on Sunday are to pay 30 per cent. less licence duty. An application for a new licence is not to be granted if three-fourths in number of the owners and occupiers of all the other premises within 150 yards object. Three convictions in two years are to make a licence void, and disable the landlord for two years from holding a licence. For dancing there must be a special licence. No new retailing licence, or wine or beer licence, is to be granted (but only public-house licences), but persons now holding such licences are to be entitled for fourteen years to have them renewed. The Bill is to be in force in all such corporate boroughs of England, and all such districts under Improvement Commissioners or Boards of Health, as shall by a two-thirds vote of the governing body be adopted at a special meeting. The regulations as to hours on Sundays apply also to Christmas-day, Good Friday, and public fast or thanksgiving days. SOLICITORS' JOURNAL. NOTES OF NEW DECISIONS. EQUITY PRACTICE-DAMAGES-JURISDICTION. -The Court of Ch. has not jurisdiction to deal with the question of damages where a plaintiff has failed to establish by proper evidence a bill for the specific performance of a contract: (Lewers v. Earl of Shaftesbury, 16 L. T. Rep. N. S. 135. Chan.) legitimacy, the Court, following the practice of NOTICE TO QUIT-SUNDAY.-A notice of his in- NORTHERN CIRCUIT-LIVERPOOL. John Albert Frederick Gibson was placed at the Holker conducted the prosecution. The prisoner had been a clerk to Mr. Cairns, who LOCKE (Phoebe), Lowndes-square, Middlesex, widow. April NEEDHAM (Joseph), Woodnewton, Northamptonshire, farmer O'NEIL (Charlotte T.). Albert-terrace, near Exeter, spinster. WATMUFF (Hy.), Brighton, dissenting minister. April 29; turer. April 24; P. Harris, solicitor, Bradford, Yorkshire. WOOD (Thos), Twyford Abbey, Middlesex, gentle nan CREDITORS UNDER 22 & 23 VICT. C. 35. BRUMMITT (Sophia), 1, Grove-place, Brompton, Middlesex, ELLIOT (Jane T.), Priory-villa, Peckham, Surrey, spinster. FREEMAN (William), Wood-st, Stratford-upon-Avon, Warwickshire, brazier. May 1; W. O., H. O., and T. Hunt, solicitors, Stratford-upon-Avon. GIBSON (Martha), Preston, Lancashire, china and glass dealer. May 1; Charnley, Son, and Finch, solicitors, Fexstreet, Preston. GILLETT (Betty), 108, Whitecross-street. London, widow GRAYSTOCK (Phillis). Pickering, Yorkshire, widow. June1; 1; J. M. Jennings, solicitor, Great Driffield, Yorkshire. HEARTSON (Thos.), Witherslack, Westmoreland, yeoman and charcoal-burner. April 20; Moser, Son, and Arnold, sod• citors, Kendal. The defence was, that the document to which the names were appended was not a receipt for money, but an authority to the county treasurer to pay to allowed to the persons signing it by the taxing HOOPER (Thos.), Kelleythorpe, Yorkshire, gentleman. June the attorney for the prosecution the expenses officer, and that such an authority might well have been given to the prisoner in order to enable him to get the money for the witnesses. Unless the attorney or the clerk went provided with sufficient KELLY (Elizabeth), Cosford, Thursley, Surrey, widow. April COMMON LAW PRACTICE-STAY OF PROCEED- money in his pocket (and in this case the prisoner 26; Nash, Field, and Layton, solicitors, 2, Suffolk-lane, Cannon-street, London INGS.-C., as executor of the mortgagee of tolls carried 501. only with him, whereas the expenses LOVELL (James), Harrowslack, near Windermere, Lancashire, of a turnpike-road, brought an ejectment against amounted to upwards of 70%) to pay the expenses the trustees to recover the interest, &c., due. At beforehand, he must get the authority from the wit- MEADOWs (Betty), Llandilo-cottage, Bognor, Sussex, widow. order to pay them, and this authority he did obtain nesses to obtain the money from the treasurer in in this case. The jury were not to infer a forgery merely because the expenses had not been paid over to the witnesses since." a The prisoner was convicted, and sentenced to sixteen months' imprisonment. HEIRS-AT-LAW AND NEXT OF KIN. AULESBROOK (Alex.), 1, Clarence-place, Pentonville, Middlesex, gentleman. Next of kin to come in by April 25, at the chambers of V C M. the trial, C. failed to prove that deceased was a PROBATE PRACTICE-EXECUTOR.-An executor who was also universal legatee, obtained probate of an asserted will. On being cited to show cause why it should not be revoked, he brought in the probate but entered no appearance. The Court revoked the probate so granted, and decreed probate in common form of an earlier will to the executor therein named: (Crosby v. Noton, 16 L. T. Rep. N. S. 153. Prob.) MINOR-ADMINISTRATION TO CREDITOR OF FATHER.-The Court granted administration under the 73rd section of the Probate Act of the estate of a deceased minor to a creditor of the father (also dead), the widow and executrix of the father, who had proved his will, having filed a renunciation and consent: (In the Goods of Emma Fraser, 16 L. T. Rep. N. S. 154. Prob.) INFANT-LEGITIMACY.-Where a suit is proposed to be instituted under 21 & 22 Vict. c. 93, by the next friend of an infant to establish his LAWSON (Ann), Whitehaven, Cumberland, widow. Next of kin to come in by April 29, at the chambers of V.C. W. in by April 13 their names and addresses, and the particu- CENTRAL RAILWAY COMPANY OF VENEZUELA (LIMITED).— CREDITORS UNDER ESTATES IN CHANCERY. M. R., at noon. solicitor, Whitehaven. May 9; V.C. W., at one o'clock in Esq. April 29; G. W. Crook, solicitor, 30, Moorgate-street, April 30; J. D. Blake, solicitor, 3, Lothbury. London. RUMBELOW (Samuel), Woodcock-street, Birmingham, batten SALLOWS (Robert), East Bergholt, Suffolk. May 17; Jacka- Scort (Rev. Peter), Steep-lane, Halifax, Yorkshire, Baptist WESTLEY (F. C.), 96, High-street, Cheltenham, Gloucester UNCLAIMED STOCK AND DIVIDENDS IN THE BANK OF ENGLAND. [Transferred to the Commissioners for the Reduction of the National Debt, and which will be paid to the persons respectively whose names are prefixed to each, in three months, unless other claimants sooner appear.] BARNES (James), Copthall-court, merchant, and Chauncy (N.S.), of Finsbury-square, merchant. 4000!. Three pet Cent. Consols. Claimant, T. B. Beale, executor. THE CHANCERY VACATION.—On Friday week the Chancery vacation commenced, when the offices of except the chambers of Vice-Chancellor Stuart, the the several courts were closed to the 10th April, vacation judge. |