The Law Times

that they are wholesome. I should be glad to know where this proposition, urged in vain in the above case, can be found contraverted.

QUERY.

[See Smith v. Baker, 40 L. T. Rep. N. S. 261. -ED. LAW TIMES.]

NOTES AND QUERIES.

None are inserted unless the name and address of the writer are sent, not necessarily for publication, but as a guarantee for bona fides.

Queries.

18. LANDLORD AND TENANT.-A owner in fee of lands goes to America, appointing B. his agent to collect his rents at home. B. represents himself subsequently as heir of A., and receives rent from a tenant on that understanding for a considerable number of years; can the tenant refuse to pay rent now to B.'s heir (the tenant believing that B. was not his heir), or what step

should be taken to guard against the possible demands of his real heirs of arrears? DILEMMA.

19. MORTGAGE.-What is the object of inserting in a mortgage which is made subject to a prior charge, an assignment by the mortgagor to the second mortgagee of the surplus moneys arising from a sale by the prior mortgagee; and is it any advantage to the second mortgagee to insert such a clause? I have occasionally come across the clause in old mortgage deeds, but neither Davidson nor Prideaux insert it in their Precedents; nor can I find in any work anything dealing with the subject. Would a first mortgagee after notice of a second mortgage be justified in handing the surplus moneys to the mortgagor; although the second mortgage contained no assignment of surplus moneys? or would the notice of the second mortgage be sufficient to bind such surplus moneys in his hands? I think it would. Of course, if the second mortgage contained such a clause, and the first mortgagee had notice of it, he would clearly not be justified in handing the surplus moneys to the mortgagor. I shall be glad if any of your correspondents can give me any information bearing on the point. LEX.

20. INTESTACY-STATUTE OF DISTRIBUTIONS.-A father pays £300 as premium for his son on his entering the profession of a solicitor and dies intestate. Will the son be entitled to an equal share of his father's personal estate, with his brothers who are butchers' boys?

DULLHEAD.

23. EXECUTOR-CLAIM-REMEDY.-A., an executor, ordered certain repairs, value £40, to be done to leasehold houses by B. Shortly after a Chancery suit was commenced, and a receiver appointed. A. is a man of straw, and the receiver declines to pay. What is B.'s proper remedy?

F. B.

LEGAL OBITUARY.

NOTE.-This department of the LAW TIMES, is contributed
by EDWARD WALFORD, M.A., and late scholar of Balliol
College, Oxford, and Fellow of the Genealogical and
Historical Society of Great Britain; and, as it is desired
to make it as perfect a record as possible, the families and
friends of deceased members of the Profession will oblige
by forwarding to the LAW TIMES Office any dates and
materials required for a biographical notice.

J. F. L. FLEMING, ESQ.

THE late John F. Leigh Fleming, Esq., of the
Inner Temple, barrister-at-law, whose death oc-
curred at Brighton on the 22nd April, at the early
age of thirty-four, was a member of the family of
the Flemings of Stoneham Park and Chilworth
Manor, Hants, now represented by Mr. John E.
Willis-Fleming, and whose ancestor, Sir Thomas
Fleming, was Lord Chief Justice in the sixteenth
century, and left at his decease a son and heir, Sir
Thomas Fleming, of Stoneham, who married
Dorothy, daughter of Sir Henry Cromwell, and
aunt of the Protector Cromwell; their daughter
Mary married Thomas Leigh, Esq., son and heir
of Sir John Leigh, of Couldrey, Hants. Mr J.
Leigh Fleming, the subject of this notice, was
born in 1815, and was called to the bar by the
Honourable Society of the Inner Temple, in
Michaelmas Term 1873. He practised for many
years in Chancery-lane as an equity draftsman
and conveyancer.

J. JOHNSTON, ESQ.

To surrender at the Bankruptcy Court, Lincoln's-inn-fields.
BRENNER, PHILIP, builder, Zingari-villas, Gipsey-rd, Lower
Norwood. Pet. May 21. Reg. Murray. Sols. Keene and
Co. Mark-la. Sur. June 13
BRITTON, J., no occupation, Landcroft-ter, East Dulwich,
Pet. May 20. Reg. Murray. Sol. Tilsley, Abchurch-la
Sur. June 13
CLELAND, WILLIAM, Martin's-la, Cannon-st. Pet. May .
Reg. Murray. Sol. Tredgold, St. Swithin's-la. Sur. June
MALE, ALFRED JAMES, oilman Old Kent-rd. Pet May,
Reg. Hazlitt. Sols. Hicklen and Co, Trinity-sq, Borough.
Sur. June 11
SHAW, W. H., club proprietor, Albion-pl, Blackfriars. Pet.
May 19. Reg. Pepys. Sol. Lee, Gresham-bldgs. Sur.
June 11
To surrender in the Country.

Pet. May 21. Reg.
Bury. Sur. June 9
WALKER, HENRY, smallware dealer, Huddersfield. Pet. May
20. Reg. Jones Sur June 10
WATSON, THOMAS HORSFALL, auctioneer, Newhaven. Pet.
May 19. Dep. Reg Blaker Sur. June 6
Gazette, May 27.

To surrender at the Bankruptcy Court, Lincoln's-inn-fields.
SATCHWELL, THOMAS, discount broker, 13 and 14, Cornhill.
Pet. May 23. Reg. Pepys. Sur. June 11
VAGG, EDWIN HENRY, (trading under the style or firm of
E. Villiers, Vagg, and Co), estate agent, 2, Sloane-sq.
Pet. May 23. Reg. Pepys. Sur. June 11

THE late James Johnston, Esq., formerly a soli-
residence, the Manor House, North-end, Hamp-RHODES, HENRY, currier, Barnsley.
citor, of Chancery-lane, London, who died at his
stead, on the 8th inst., in the seventy-seventh year
of his age, was the eldest son of the late Robert
Johnston, Esq., formerly of Greek-street, Soho, by
Elizabeth, daughter of Drake, Esq. He was
born in Greek-street, in the year 1802, and was
educated at St. Paul's School. He was admitted
a solicitor in Trinity Term 1827, and was appointed
a commissioner to administer oaths in the Court
of Chancery. Mr. Johnston was for nearly fifty
years actively engaged in the duties of his profes-
sion, and had a considerable and varied practice.
One who knew him well writes: "In him were
combined the sound commercial lawyer and the
family solicitor of the old type. He won the con-
fidence and esteem of a large circle of clients.
He was freely consulted by them, not only in
legal business, but upon the widest range of sub-
jects in matters affecting their interests; so that TURNER, ALBERT SHELDON, schoolmaster, Burslem. Pet.
towards the end of his professional career he be-
came in an unusual sense the trusted adviser'
of his clients. He held a high standard of the
duty of a solicitor towards his clients, and the
secret of his great personal influence with them
lay, not merely in their confidence in his experi-
ence and judgment, but in their realising that he
was perfectly single-minded in the advice which
he offered them."

Mr. Johnston retired from

practice at the end of 1874, and he was shortly
afterwards appointed a deputy - lieutenant of
Middlesex. During the greater part of his pro-
fessional career his offices were in Chancery-lane,
and from 1861 he was the senior member of the
firm of Messrs. Johnston and Jackson. Mr. John-

24. ASSIGNMENT OF DEBTS.-Can a promissory note, ston, who was one of the oldest residents of not payable to order, be assigned ?

MR. FRANCIS ROBERTSON MOORE, solicitor,

Hampstead, married, in 1829, Mary Abbott,
daughter of the late Samuel Hawks, Esq., by
whom he has left surviving issue three daughters.
The remains of the deceased gentleman were in-
terred in Hampstead churchyard, in the same
grave with his son James, who died about twenty

years ago.

A. M. STORY-MASKELYNE, ESQ., F.R.S. THE late Anthony Mervin Reeve Story-Maskelyne, Esq., F.R.S., barrister-at-law, of Bassett Down House, Wiltshire, and of Glanwysk, Brecknockshire, who died at Bassett Down House, on the 15th inst., at the age of eighty-eight years, was a son of the late Rev. William Story, rector of Hinton Martel, Dorset, by his marriage with Bridget, daughter of Robert Prower, Esq., M.D., of Cranbourne, Dorset, and was born in the year 1791. He was educated at Wadham College, Oxford, where he took his bachelor's degree in 1810,

To surrender in the Country.
BOYES, ARTHUR, and BoYES, LUKE, shoe manufacturers,
Northampton. Pet. May 22. Reg. Dennis. Sur. June 13
PALMER, WILLIAM GRAHAM, farmer, Ripley. Pet. May 24.
Reg. White, Sur. June 7

RODEN, RICHARD JOHN, licensed victualler, Sidbury. Pet.
May 23. Reg. Beale. Sur. June 12.

TOMALIN, TOM GUTTERIDGE, baker, Luton. Pet. May 22,
Reg. Cooke. Sur. June 7

May 24. Reg. Tennant. Sur. June 14

Bankruptcies Annulled.

Gazette, May 20.

ALFORD JAMES, jun, marine store dealer, Melincrythan.
Pet. May 17. June 3, at eleven, at office of Sol. Davies
Neath

ALLEN, EDWIN, brewer's foreman, Loughborough. Pet. May

21. June 9, at two, at othces of Sols. Owston and Dickin son, Leicester

ALLEN. EDWIN THOMAS, brewer, Loughborough. Pet. May
21. June 9, at half-past twelve, at offices o Sols. Owston
and Dickinson, Leicester

ALLEN, WILLIAM ANTHUR, jeweller, Cardiff. Pet. May 19.
June 9, at three. at offices of Tribe, Clarke, and Co.
accountants, Cardiff. Sol. Stephens, Cardiff
ARNOLD, WALTER BROWN, ship agent, 106, Fenchurch-st.
Pet. May 20. June 17. at two, at offices of Sols. Allen and
Greenop, 7. St. Peter's-alley, Cornhill

ATKINSON, WILLIAM, coal dealer, Middlesborough. Pet.
May 18. May 31, at eleven, at office of Sol. Dobson,
Middlesborough
ATHERTON, RICHARD, beerseller, Little Bolton. Pet. May
17. June 3, at ten, at ffice of Sol. Walker, Bolton
BAMBER, JOHN WIGNALL, watchmaker, Preston. Pet. May
19. June 6, at eleven, at office of Sol. Cooper, Preston
BANTON, WILLIAM, grocer, Lichfield. Pet. May 19. June 6,
at eleven, at offices of 8 la Barnes and Russell, Lichfield.
WICK, JOHN KAYE, jewellers, Keighley, Pet. May
June 5, at two, at offices of Weathrefield, Keighley. Sols.
Wright and Waterworth, Keighley
BARTRAM, GEORGE, farmer. Easton

Warwick and Leamington, has been appointed and proceeded M.A. in 1818. He was called to BARWICK, BRICE WILKINSON, BARWICK, THOMAS, and BAR

[merged small][merged small][merged small][ocr errors]

the bar by the Honourable Society of the Inner
Temple, in Michaelmas Term 1816, and was con-
sequently one of the oldest members of the Legal
magistrate for the county of Brecknock, married,
Profession. Mr. Story-Maskelyne, who was
in 1819, Margaret, only child of the late Rev.
Nevil Maskelyne, D.D., Astronomer Royal,
F.R.S., of Purton, Wilts, whose name he assumed,
and by whom he has left a family. His eldest
son, Mr. Mervin Herbert Nevil Story-Maskelyne,
F.R.S., is Regius Professor of Mineralogy in the
University of Oxford, and keeper of the minerals
at the British Museum; he is also a magistrate
and deputy-lieutenant for the county of Breck-
nock, and is married to Theresa Mary, eldest
daughter of John Dillwyn Llewellyn, Esq., of
Penllergare, Glamorganshire.

Pet. May 19. June 5,

at ten, at office of Sol. Law, Stamford

BASTABLE, ELISHA, jun, baker Landport. Pet. May 19,
June 6, at four, at office of Sol. King, Portsea
BATE, ELIHU, farmer, Ogley Pet May 20. June 6, at
eleven, at the George hotel, Walsall Sol. Smith
BEAL, JOSEPH, grocer, Newcastle. Pet May 20. June 6,
at eleven, at offices of the Incorporated Law Society.
Arcade, Newcastle, Sol. Fenwick, Jarrow
BIRCHALL, WILLIAM, provision dealer, Lower Broublong,
Pet. May 20. June 11, at eleven, at office of Sol. Lawson
BIRD, EPHRAIM, grocer, Smethwick. Pet. May 19. June
11, at eleven, at office of Sol. Shakespeare, Olbury

Manchester

BISHOP, THOMAS. fish salesman, Neath. Pet. May 19. June
10, at twelve, at office of Sol. Charles, Neath
BOOTH, WILLIAM, farmer, Astb.ry. Pet. May 20. June 9,
at eleven, at office of Sol Cooper. Congleton

BOTT. THOMAS, watch manufacturer, Birkenhead pugh,
May 17. June 5, at one, at offices of Hannan and
Duncan-st, Birkenhead. Sol. Clark, Birmingham

BRABIN, WILLIAM, cattle dealer, Chester. Pet. May 20. June 4, at three, at offices of Sols. Nordon and Mason, Chester

BRUNTON, JOSEPH, stonemason, Freemantle, Boscomb. Pet. May 20. May 30, at three, at office of Sol. Trevanion, Branksome-ter, Bournemouth. Sol. Trevanion, Poole BROOKES, THOMAS, hurdle manufacturer, Bilston. Pet. May 19. June 5, at eleven, at the Globe hotel, Mountpleasant, Bilston. Sol. Bowen, Bilston

BROOKS, THOMAS, builder, Truro-rd, Wood Green. Pet. May 1. June 5, at twelve, at office of Sol. Poncione, jun, Raymond-bldgs, Gray's-inn

BROWN, ROBERT, tinplate worker, Abell's-blgs, Chamber-st, Whitechapel. Pet. May 21. June 5, at twelve, at offices of Sols. Reep, Lane, a d Co, Bush-la, Cannon-st BROWNBILL, ROBERT HENRY, baker, Liverpool. Pet. May 9. June 9, at three, at office of Sol. Ponton, Liverpool BURNS, JOHN, boot maker, Liverpool. Pet. May 20. June 6, at three, at offices of Gibson, Bollard, and Jackson, accountants, South John-st, Liverpool. Sols. Morris and Jones, Liverpool.

BYRNE, ROBERT HENRY, mercantile clerk, Freemantle. Pet. May 21. June 12, at three, at office of Sol. Swayne, Southampton

CARTER, WILLIAM, and CARTER, WILLIAM WALLER, ironmongers, Birmingham. Pet. May 19. June 13, at three, at offices of Sols. Rowlands and Bagnall, Birmingham CHADWICK, SAMUEL, cotton spinner. Heaton Norris. Pet. May 19. June 4, at twelve, at office of Sol. Johnston, Stockport

CLARKE, JAMES, commercial traveller, Hornsey. Pet. May 19. June 9, at two, at office of Sol. Wedlake, Mitre-ct, Temple

COFFEY, JAMES, boot and shoe dealer, Islington. Pet. May 20. June 9, at two, at offices of Morphett and Hanson, accountants, King-st, Cheapside. Sol. Terry, King-st, Cheapside

COPE, EDWARD, accountant. Derby. Pet. May 20. June 11, at three, at office of Sol. Powell, Derby

CORBETT, THOMAS WILLIAM, stationer, Liverpool. Pet. May 19. June 5, at two, at office of Sol. Harris, Liverpool COULSON, WILLIAM, and COULSON, CHRISTOPHER, farmers, Lemmington Hill Head. Pet. May 20. June 11, at eleven, at office of Sol. Hindmarsh, Alnwick CRICHTON, ALEXANDER, and CURRY, CHARLES JOHN, silversmiths, Rathbone-pl. Pet. May 19. June 5, at three, at offices of Sols. Nelson, Son, and Hastings, Bennett'shill, Doctor's-commons D'ARCO, HENRY HEYDRAC, theatrical manager, Brixton-rd. Pet. May 20. June 5, at twelve. at Haxell's Royal Exeter hotel, Strand. Sol. Norman, Essex-st, Strand DOODEY, JAMES, jeweller, Birmingham. Pet. May 21. June 6, at twelve, at offices of Sols. Hawkes and Weekes, Birmingham.

EDWARDS, HEBER, boot maker. West Bromwich. Pet. May 21. June 5, at eleven, at office of Sol. Rankin, West Bromwich

EDWARDS, JOHN KENDRICK, decorator, Birmingham. Pet. May 20. June 5, at twelve, at offices of Sols. Hawkes and Weekes, Birmingham

ERRINGTON, HENRY, gilder, Hammersmith. Pet. May 9. June 3, at four, at offices of Sols.Miller and Son, Leadenhall-st

ESEX, GEORGE, commercial traveller, Great Dover-st, Borough. Pet. May 16. June 11, at one, at office of Sol. Fowler, Abchurch-la

FORD, JOHN, and SILBY, SAMUEL, leather merchants, Bristol. Pet. May 21. June 6, at one, at office of Sol. Brown, Bristol

GAITE, WILLIAM MATTHEW, stuff finisher's clerk, Clayton.
Pet. May 21. June 11, at eleven, at the New Inn, Bradford.
Sol. Hanne, Maidstone

GELDART, JOHN, grocer, Hartlepool. Pet. May 21. June 5,
at twelve, at office of Sol. Todd, Hartlepool
GENTLE, JOHN, and GENTIE, FRANK, tailors, Stratford.
Pet. May 16. June 4, at three, at office of Sol. Salaman,
King-st, Cheapside

GIBSON, JAMES, plasterer, York. Pet. May 19. June 10, at twelve, at office of Sol. Wilkinson, York

GORDON, NORVAL JOHN, travelling draper, Shrewsbury. Pet. May 21. June 10, at eleven, at office of Sol. Morris, Shrewsbury

GRANT, THOMAS, saddler, Croydon. Pet. May 19. June 13, at three, at office of Sols. Young and Thompson, Croydon GUY, JOHN, farmer, Isle of Ely. Pet. May 19. June 5, at one, at office of Sol. Richardson, Chatteris HANCOX, JOSEPH, paper box maker, Birmingham. Pet. May 20. June 4, at three, at office of Sol. Glaisyer, Birmingham

HANCOCK, JOSEPH JOHN, beer retailer, Portishead.

Pet.

May 17. May 31, at twelve, at office of Sol. Clifton, Bristol HARDY, THOMAS ARTHUR, auctioneer, Acton. Pet. May 16. June 4, at three, at the rooms of the London Warehousemen's Association, 111, Cheapside. Sol. Cannon, Cheapside HARVEY, JOHN DAFT, tobacconist, Barnsley. Pet. May 21. June 5, at two, at the Queen's hotel, Regent-st, Barnsley. Sol. Alderson, Barnsley

HATCHMAN, JAMES BONCER, hat

manufacturer, St. Helen's. Pet. May 19. June 11, at one, at the Law AssoSol. Fildes, ciation rooms, 14, Cook-st, Liverpool. Liverpool

HAUGH, ROBERT, draper, Leeds. Pet. May 20. June 5, at eleven, at office of Sol. Hewson, Leeds

HAWKER, ALFRED STEWART, draper's assistant, Westonsuper-Mare. Pet. May 20. June 10, at twelve, at office of Sol. Chapman, Weston-super-Mare

HAYWARD, JOSEPH, miller, Brewood. Pet. May 20. June 7, at twelve, at office of Sol. Rudland, Wolverhampton HEALEY, THOMAS, clothier, Newcastle. Pet. May 17. May 31, at eleven, at office of Sol. Hopper, Newcastle HEWETT, RICHARD, farrier, Sutton. Pet. May 17. June 3, at one, at offices of Sols. Chinery and Aldridge, 7, Fenchurch-st

HEYWOOD, THOMAS, surveyor, Barton. Pet. May 21. June 10, at two, at office of Sol. Jones, Manchester HICKES, JOHN, solicitor. Chancery-la. Pet. May 21. June 14, at three, at 27, Clarges-st, Piccadilly. Sol. Mortimore, Chancery-la

HKS, JOHN, baker, Homerton. Pet. May 19. June 3, at three, at office of Sol. Foster, Brunswick-sq. Bloomsbury HODGKINS, JOHN WILLIAM, beerhouse keeper, Southsea. Pet. May 20. June, at eleven, at offices of Sols. Walker and Wainscot, Landport

HORSNELL, GEORGE TODD, beerhouse keeper, Hatfield
Broad Oak. Pet. May 21. June 9, at two, at office of Sol.
Snell, Great Dunmow.
HOUGHTON, WILLIAM, Blackrod. Pet. May 20. June 5, at
half-past ten, at office of Sol. Wilson, Wigan
HOUSIAUX, BERNARD, furniture dealer, Tamworth. Pet.
May 19. June 4, at three, at offices of Sols. Nevill and
Atkins, Tamworth

HOYLE, JAMES, coal dealer, Lincoln. Pet. May 20. June 4,
at eleven, at office of Sol. Page, jun., Lincoln
HUMPHRISS, GEORGE, boot maker, Chipping Norton. Pet.
May 17. June 5, at three, at the Crown Hotel, Chipping
Norton. Sol. Wilkins, Chipping Norton, Oxon
JACKSON, THOMAS, worsted mill manager, Bradford. Pet.
May 20. June 5, at half-past three, at office of Sol. Neill,
Bradford

JOBLING, EDWARD, hardware merchant, Middlesbrough.
Pet. May 13. May 31, at eleven, at office of Sol. Teale,
Middlesbrough

JONES, WILLIAM CASTERDINE, shoe manufacturer, Northampton. Pet. May 20. June 9, at eleven, at office of Sol. Jeffery, Northampton

JOVES, JOHN, Victualler, Swansea. Pet. May 20. June 5, at three, at office of 8ol. Beer, Swansea

JUDSON, JOHN WILLIAM, brewer, Guisborough. Pet. May 17. June 6, at three, at office of Sol. Teale, Middlesbrough

JONES, WILLIAM, grocer, Penygroes. Pet. May 20. June 7,
at three, at office of Sol. Allanson, Carnarvon
KIFT, ARTHUR, varnish merchant, Old-st, Shoreditch. Pet.
May 16. June 11, at twelve, at offices of Sols. Morley and
Shirreff. Palmerston-bldgs, Old Broad-st

KILBY, WILLIAM, lace manufacturer, Long Eaton. Pet.
May 19. June 6, at twelve, at offices of Sols. Wing and
Welby, Nottingham

KING, JOHN HENRY, hosier, Borough High-st. Pet. May 16. May 31, at twelve, at office of Sol. Beaumont, Fenchurch-st

KING, SARAH ANNE, lodging-house keeper, Margate. Pet. May 19. June 6, at eleven, at offices of Sols. Sankey and Co. Margate

KNIBB, FRANCIS WILLIAM, bookbinder. McLean's-bldgs, New-st-sq. Fetter-la. Pet. May 19. June 9, at two, at offices of Sols. Layton, Son, and Lendon, Budge-row LAW, CALVERT, wrought iron tank manufacturer, St. Leonard's rd. Poplar. Pet. May 21. June 6, at three, at office of Sol. Holder, King-st, Cheapside

LERFELDT, FRITZ, merchant, Finsbury.pl-south. Pet. May 19. June 12, at two, at offices of Sols. Kynaston and Gasquet, Queen-st, Cheapside

LEWIS, RICHARD, tailor, Pontypridd. Pet. May 20. June 6, at four, at offices of Bols. Hollier and Williams, Pontypridd

LITTLEFIELD, JAMES ULRICK, carpenter, Horsham. Pet. May 20. June 10, at three, at the Crown hotel, Horsham. Sols. Cotching, Horsham

LUCAS, WILLIAM EDWARD, accountant, Leamington Priors. Pet, May 17. June 3, at eleven, at office of Sol. Sanderson, Warwick

MALTBY, HENRY, victualler, Hampstead. Pet. May 19.
June 5, at two, at offices of Sols. Nash and Field, 12,
Queen-st, Cheapside

MAPLEY, JOHN, plumber, Fenny Stratford. Pet. May 21.
June 9, at twelve. at the Park hotel, Bletchley
MASKELL, WILLIAM, dealer, Brightlingsea. Pet. May 20.
June 12. at eleven, at office of Sol. White, Colchester
MILES. WILLIAM, draper. Leominster. Pet. May 21. June
10, at three, at office of Sol, Moore, Leominster
MILLER, GEORGE, provision dealer, Darlington. Pet. May
19. June 1, at twelve, at office of Sol. Barron, Darlington
MILLER, JAMES SETON, gentleman, Hardingstone. Pet.
May 16. June 14, at twelve, at offices of Sols. Wright and
Hincks, Leicester

MORDECAI, JOHN, collier, Swansea. Pet. May 19. June 3,
at eleven, at office of Sol. Jellicoe, Swansea
MORRIS, SAMUEL, agent, 5, Bond-ct, Walbrook. Pet. May
20. June 9, at three, at the Inns of Court hotel, Holborn.
Sols. Bird, Moore, and Ratcliff, Gray's-inn-sq
MORRISEY, JEREMIAH, grocer, Salford. Pet. May 20. June 5,
at three, at office of Sol. Rawes, Salford
NEDEN, JOSEPH, merchant, Manchester, Pet. May 21.
June 13, at three, at offices of Sols. Boote and Edgar,
Manchester

NETCOTT, ROBERT, boot manufacturer, Bristol. Pet. May
21. June 6, at two, at office of Sol, Sibley, Bristol
NOAKES, HENRY, jun, commission agent, Maidstone. Pet.
May 20. June 4, at eleven, at 50, Earl-st, Maidstone.
Sol. Stenning

NOTLEY, THOMAS GIBSON, horse slaughterer, Canterbury.
Pet. May 20. June 6, at two, at the Fleur-de-lys hotel,
Canterbury. Sol. Till, Canterbury

OWEN, MARY ELIZABETH, widow, Carnarvon. Pet. May 20. June 11, at two, at offices of Sols. Jones and Co., Car.

narvon

OXLEY, GEORGE, timber merchant, Holmside. Pet. May 20. June 11, at twelve, at offices of Sol. Patrick and Son, Durham

PARRY, JAMES WILLIAM, stationer, Bradford, Pet. May 20. June 4, at three, at offices of Wood, 63, St. Paul,s-churchyd. Sols. Berry and Robinson, Bradford PARTON, CHARLES, victualler, Shifnal. Pet. May 17. June 3, at three, at offices of Sols. Phillips, Osborne, and Phillips, Shifnal

PASK, JOHN, grocer, Southend. Pet. May 20. June 9, at three, at office of Sol. Christmas, St. John's-chmbrs, 22, Walbrook

PAYNE, WALTER, builder, Brighton. Pet. May 19. June 7, at twelve, at offices of Tanner and Co. Great Russell-st, Bloomsbury. Sol. Tomkin, Gt. Russell-st

PEART, THOMAS, potato merchant, Manchester. Pet. May 20. June 9, at ten, at office of Sol. Whitehead, Manchester PICKFORD, THOMAS, outdoor labour superintendent, Eccles. Pet. May 21. June 10, at three, at office of Sol. Jones, Manchester

PLOWMAN, HENRY CHARLES, beerhouse keeper, Birming ham. Pet. May 21. June 12, at three, at offices of Sols. Buller and Bickley, Birmingham

PRAGNELL, WILLIAM, cheesemonger's assistant, Marlborough-rd, Peckham-park. Pet. May 16. June 11, at two, at office of Sol. Fowler, Abchurch-la

RIGBY, HENRY, china dealer, Margate. Pet. May 21. June 11, at one, at the Royal Exeter hotel, Strand. Sol. Gibson, Margate

RIGGALL, SAMUEL, boot maker, Retford. Pet. May 19.
June 6, at eleven, at office of Sol. Bescoby, Retford
ROBERTS, GEORGE, bootmaker, Fenton. Pet. May 19. June
5, at eleven, at office of Sol. Julian, Burslem
ROLL, JAMES WHITE. shopkeeper, Great Yarmouth. Pet.
May 21. June 10, at eleven, at office of Sol, Cowl, Great
Yarmouth

ROWLANDS, WILLIAM, and FOSTER. GEORGE, tin workers, Wolverhampton. Pet. May 21. June 7, at eleven, at office of Sol. Barrow, Wolverhampton

RUSHWORTH, GEORGE, painter, Huddersfield. Pet. May 19.
June 6, at three, at office of Sol. Berry, Huddersfield
RYDER, THOMAS, commission agent, Jewry-st, Aldgate. Pet.
May 19. June 6, at three, at offices of Masson and Lewis,
Leadenhall-st. Sol. Holland, St. Swithin's-la
SCHMITZ, CORNELIUS MAGNUS EMIL, iron merchant, Middles.
brough. Pet. May 17. June 6, at half-past two, at the
Board-room, Royal Exchange, Middlesbrough. Sol.
Stubbs

SEDDON, WILLIAM, plumber, Southport. Pet. May 21. June
9, at two, at offices of Sols. Jackson and Tomkins, Liver-
pool
SELLERS, WILLIAM, card manufacturer, Scholes. Pet. May
16. June 11, at eleven, at offices of Sols. Lancaster and
Wright, Bradford

SHAW, JAMES, out of business, Burnley. Pet. May 8. May
26, at three, at office of Sol. Read, Burnley
SIMPSON, THOMAS GROCOTT, ale dealer, Stoke-on-Trent.
Pet. June 20. June 4, at eleven, at office of Sol. James,
Newcastle-under-Lyme.

SLATER, HENRY, journeyman butcher, Nottingham. Pet. May 20. June 9, at twelve, at office of Sol. Belk, Nottingham

SMART, HUBERT, out of business, Oxenhall. Pet. May 20.
June 11, at four, at office of Sol. Price, Newent
SMITH, THOMAS PHILIP, grocer, Liverpool. Pet. May 19.
June 13, at three, at offices of Connor and Taylor, ac
countants, Victoria-chmbrs, Victoria-st, Liverpool. Sols.
Nordon and Mason, Liverpool

STEER, HENRY, jeweller, Derby. Pet. May 16. June 5, at three, at the St. James's hotel, Derby. Sol. Moody, Derby STOKES, CHARLES, fishmonger, Bristol. Pet. May 21. June 10, at twelve, at offices of Sols. Benson and Carpenter, Bristol

SUTCLIFFE, THOMAS, farmer, Wadsworth. Pet. May 19. June 6, at eleven, at the White Horse hotel, Hebden Bridge. Sols. Sutcliffe and Sutcliffe, Hebden Bridge TAITE, JOHN MAGNUS, shipwright, High-st, Poplar. Pet. May 21. June 10, at three, at office of Sol. Roberts, King William-st

TAYLOR, JOHN JAMES. schoolmaster, Nottingham. Pet.
May 19. June 7, at three, at office of Sol. Lees, Notting-
bam
THORNTON, ALFRED, wholesale jeweller, Birmingham. Pet.
May 21. June 5, at three, at the Great Western hotel,
Birmingham. Sol. Barber

TOWERS, THOMAS, grocer, Navenby. Pet. May 19. June 4, at twelve, at offices of Sols. Peake, Snow, and Peake, Sleaford

VALLER, JAMES, bootmaker, Walton-st, Chelsea. Pet. May 9. June 2, at eleven, at Ridler's hotel, Holborn-hill VERRALL, CHARLES, forniture dealer, Tunbridge Wells. Pet. May 16. May S1, at half-past ten, at offices of Sols. Stone and Simpson, Tunbridge Wells WADE, THOMAS, draper, Blackpool. Pet. May 19. June 4. at three, at offices of Sols Charnley and Finch, Blackpool WALKER, THOMAS, blacksmith, Kirkby Lonsdale. Pet Mar 20. June 10, at eleven, at office of Sol. Picard, Kirkby Lonsdale

WALL, JOHN BARKER DANIEL, surveyor, Blackheath. Pet. May 21. June 20, at two. at offices of Jackson and Browning, accountants, 7, Bucklersbury. Sols. Nesh and Howell, 79, Cheapside

WARD, THOMAS, grocer, Fenton. Pet. May 20. June 3, at three, at office of Sol. Hollinshead, Tunstall WENDES, THOMAS JONAS, general dealer, Ryde. Pet. May 15. June 10, at eleven, at the York hotel, Ryde. Sol. Joyce

WEST. JOSEPH, higgler, Northampton. Pet. May 21. June 6, at eleven, at office of Sol. Andrew, Northampton WHATMORE, FREDERICK JOHN, coal dealer, Birmingham. Pet. May 21. June 5, at twelve, at offices of Sols. Hodson and Haigh, Birmingham

WILKINSON, CHRISTOPHER, printer, Bradford. Pet. May 19. June 4, at eleven, at offices of Sols. Peel and Gaunt, Bradford

WILLIAMS, JOHN, farmer, Colwinstone. Pet. May 19. June 5, at two, at office of Sol, Stockwood, jun. Bridgend WILLIAMS, PERCY BENNETT, theatrical agent, 368, Wandsworth-rd. Pet. May 19. June 9, at eleven, at 84, Waterloord. Sol. Cotton, Upper Thames-st

WILLIAMS, RICHARD, draper, Maenaddfwyn. Pet. May 19. June 17, at twelve, at the Queen's hotel, Chester Sol. Dew, Anglesey

WILSON, JAMES, general dealer, 6, Talbot-ct, Eastcheap. Pet. May 16. June 12, at three, at offices of Sols. Woolf and Crump, 70, Queen-st, Cannon-st

WILSON, JOHN, art workman, Linslade. Pet. May 14. June 3, at three, at office of Sol. Reader, 22 and 23, Holborn-viaduct

WILSON, WILLIAM, joiner, Chorlton-on-Medlock. Pet. May 20. June 10, at eleven, at office of Sol. Gardner, Manchester WOOD, HENRY, accountant, Rotherham. Pet. May 17. June 2, at eleven, at offices of Sols. Hodgkinson and Pashley, Rotherham

WOOD, WILLIAM, grocer's assistant, Winchcombe-st, Cheltenham. Pet. May 21. June 9, at three, at office of Sol. Pruen, Regent-st, Cheltenham.

WRIGHT, WILLIAM, commission agent, Nottingham. Pet. May 19. June 11, at three, at office of Sol. Lees, Notting ham

YOUNG, JAMES, hairdresser, Bridgwater. Pet. May 21. June 10, at twelve, at offices of Sols. Reed and Lovell, Guildhall-chmbrs, Basinghall-st

Gazette, May 27.

AYLETT, GEORGE HENRY, builder, Craven-ter, St. John's
Ville, Upper Holloway. Pet. May 23. June 16, at three.
at offices of Sols. Tilyard and Gribble, King-street, Cheap.
side
AXON, THOMAS, lath cleaver, Stockport. Pet. May 21.
June 11, at three, at office of Sol. Johnston, Stockport
ADAMS, GEORGE, watch manufacturer, Coventry. Pet.
May 22. June 9, at eleven, at the Craven Arms hotel,
High-st, Coventry. Sols. Hughes and Masser, Coventry
ASHTON, RICHARD, Birmingham. Pet. May 21. June 5, at
twelve, at office of Sol. Smith, Brmingham
ASKEY, JAMES, coffin. maker, Smallthorn. Pet. May 17.
June 6, at eleven, at offices of Sols. Tomkinson and
Furnival, Burslem

ANSLOW, ELIZABETH ESTHER, widow. Eyton. Pet. May 23.
June 17, at twelve, at office of Sol. Knowles, Wellington,
Salop
ATKINSON, NATHANIEL, grocer, Middlesbrough. Pet. May
20.
June 7, at one, at office of Catchpole, accountant,
Bank-bldgs, Wilson-st, Middlesbrough
BARNES, SAMUEL JOHN, rivet, nail, and screw maker, Bir-
mingham. Pet. May 21. June 6, at eleven, at the Queen's
hotel, Stephenson-place, Birmingham. Sols. Ryland,
Martineau, and Karslake.

BARTON, FRANCIS OWEN, Coal merchant, Wirksworth. Pet. May 15. June 9, at eleven, at the York hotel, Midlandrd, Derby. Sol. Stone, Wirksworth

BAILEY, JOSHUA, builder, Turnham Green. Pet. May 21. June 12, at three, at offices of Sols. Munns and Longden, 8, Old Jewry

BOLTON, CHARLES, fancy leather worker, Aston. Pet. May 22. June 6, at two, at office of Sol. Phillips, Aston BROWN, CHRISTOPHER GEORGE, dairyman, Southwark Park rd, Bermondsey. Pet. May 20. June 4, at three, at the Masons' Hall tavern, Masons'-avenue, Basinghall-st. Sol. Bilton, Lower Kennington-la, Lambeth BARNES, ARTHUR WELLINGTON, boot dealer, 1, Seymourter, Lavender-hill, Wandsworth. Pet. May 21. June 10, at two, at office of Sol. Montagu, 5 and 6, Bucklersbury BORGEN, ADOLPH EMIL, goldsmith, Vere-t. Oxford-st. Pet. May 16. June 5, at twelve, at offices of Sols. Crump and Son, Philpot-la

BROAD, EDGAR OCTAVIUS, shipowner, Padstow. Pet. May 23. June 9, at twelve, at office of Sol. Whitefield, St. Columb

BOOTH, JOSEPH, saddler, Ripley. Pet. May 19. June 10, at eleven, at the Bell hotel. Sadler-gate, Derby. Sol, Curshom, Rioley

BARRETT, SAMUEL, chemist, Frisinghall. Pet. May 24. June 10, at three, at the offices of the Bradford and District Creditors' Association, Parkinson's-chmbs, Bradford BAVERSTOCK, HENRY, plumber, Welton. Pet. May 22. June 12, at three, at offices of Sols. Iveson and Son, Kingstonupon Hull

BUTLER, FRANCIS, and LANE, TIMOTHY, tailors, Hanley. Pet. May 7. June 7, at eleven, at offices of Sols. Tennant and Co, Hanley

BEACH, THOMAS, farmer, Wolviston. Pet. May 23. June 12, at eleven, at offices of Sols. Brunton and Brunton, West Hartlepool

CROMWELL, MARTHA, furniture dealer, Bradford. Pet. May 21. June 5, at three, at offices of the Bradford and District Creditors' Association, Parkinson's-chmbs, Marketstreet, Bradford

CAINE, ANNE, bleacher, Harpurhey. Pet. May 24. June 11, at eleven. at offices of Sols. Sutton and Elliott, Manches ter

COOPER, ALBERT, fish dealer, Crewe. Pet. May 22. June 6, at ten, at office of Sol. Garthwaite, Manchester CHARLTON, EDWARD, milk retailer, Greenheys. Pet. May 22. June 6, at eleven, at offices of Sols. Nadin and Wild, Manchester

CORLETT, THOMAS WILLIAM (and not "Corbett," as erroneously printed in last Gazette, stationer, Liverpool. Pet. May 19. June 5, at two, at office of Sol. Harris, Liverpool

CHESWORTH, GEORGE, bookkeeper, Liverpool. Pet. May 24. June 13, at two, at offices of Sols. Jackson and Tomkies, Liverpool

COURT, JOSEPH. builder, Charlton. Pet. May 23. June 11, at four. at office of sol. Fowler, 21, A church-la

CULLEN, CHARLES, shipbuilder, Northfleet. Pet. May 22 Jane 6, at two, at offices of Sols. Walker and MewburnWalker, Furnival's-inn

CORNISH, JOHN, butcher, Ilfracombe. Pet. May 23. June 12. at three, at the Parade inn, Ilfracombe. Sol. Fox, Ilfracombe

CLARK, JOHN, and CLARK, ALFRED, bootmakers, Newcastleupon-Tyne. Pet. May 21. June 9, at two, at office of Winter. accountant, Newcastle-upon-Tyne. Sol. Clark, Newcastle-upon-Tyne

DAY, JAMES PATRICK, grocer, Birkenhead. Pet. May 24. June 11, at two, at the offices of Thompson and Simm. accountants, 47, Hamilton-st, Birkenhead. Sol. Thompson, Birkenhead

DAY, DANIEL, builder, Eye. Pet. May 23. June 17, at one, at the White Lion hotel. Eye. Sol. Gudgeon

DAVID, WILLIAM, RICHARD, out of business, Dudley. Pet. May 23. June 9, at four, at office of Sol. Warmington, Dudley

DARVELL, WILLIAM, builder, Chesham. Pet. May 24. June 11, at three, at offices of Sols. Green and Cheese, Warwick-st. Charing Cross

DRAKE, CHARLES, wheelwright, Attleborough. Pet. May 23. June 7, at two, at office of Sol. Emerson, Norwich DODD, JOHN, farmer, Lintz Green. Pet. May 21. June 6, at two, at office of Sol. Eisdon, Newcastle-upon-Tyne DAVIES, JOHN, lodging house keeper. Llandudno. Pet May 23. June 10, at twelve, at office of Sol. Jones, Conway ENSOR, FREDERICK LOVELL, commercial traveller, Londonrd, Lower Clapton. Pet. May 14. May 31, at two, at office of Thorne, auctioneer, Guildhall, Broad-st, Bristol. Sol. Bennett, Bristol

EYRE, MARY, farmer, Sutton-cum-Lound. Pet. May 22. June 9, at eleven, at office of Sol. Marshall, East Retford EDWARDS, WILLIAM, builder, Treherbert. Pet. May 22. June 7, at twelve, at office of Sol. Morgan, Pontypridd EVANS, EVAN, builder, Cardiff. Pet. May 20. Jure 6, at twelve, at the office of the South Wales Merchants' Association, Duke-st, Cardiff. Sols. Merrills and Son, Cardiff FINLAY. THOMAS, grocer, Newcastle-upon-Tyne. Pet. May 23. June 9. at three, at office of Sol. Johnston, Newcastle-upon-Tyne

FRANKLIN, JOEL, boot maker. Cheltenham. Pet. May 23. June 11, at eleven, at office of Sol. Clark, Cheltenham FREEMAN, THOMAS, saddler, Birkenhead. Pet. May 22. June 9, at two, at the offices of Thompson and Simm, accountants, 47, Hamilton-st, Birkenhead. Sol. Francis, Birkenhead

GANDER, EDWARD, leather merchant, Guildford-rd, Bromleyby-Bow. Pet. May 15. June 11, at eleven, at office of Sol. Ratcliff, Bishopsgate-st

GARDNER, WILLIAM NETTLETON, commission agent, Douglas-rd, North Cannonbury. Pet. May 23, June 12, at two, at offices of Messrs. Palmer and Morrell, public accountants, Warwick-ct. Gray's-inn. Sol. Musgrave, Albert-bldgs, Queen Victoria-st, E.C.

GIBSON, CHARLES HARLAND, tailor. Scarborough. Pet. May 20. June 6, at three, at office of Sol. Crowther, Scarboro' GOODEN, RICHARD HENRY, VARLEY, THOMAS, and BRENTNALL, SAMUEL, bleachers, Offerton. Pet. May 22. June 11, at half-past three, at offices of Sols. Addleshaw and Warburton, Manchester

GRESTY, AMOS, coal merchant, Northenden. Pet May 24. June 13, at three, at office of Sol. Vaughan, Stockport GROSVENOR, THOMAS, fariner, Ackleton. Pet. May 23. June 20, at three. at offices of Sols. Pinchard and Shelton, Wolverhampton

GREATREX, CHARLES HOWARD, currier, Walsall. Pet. May 23. June 9, at three, at offices of Sols. Wilkinson and Gillespie, Walsall

GITTUS, EDWIN, timber merchant, Stoke Prior. Pet. May 21. June 12, at twelve, at offices of Corbett and Corbett, solicitors, Avenue House, the Cross, Worcester. Sol. Blick, Droitwich

GREEN, THOMAS, out of business, Belgrave. Pet. May 23. June 10, at three, at office of Sol. Shires, Leicester HOLT, JOHN, builder, Scunthorpe. Pet. May 24. June 11, at eleven, at office of Sol. Bladon, Gainsborough HAYNES, JOSEPH CASTLE, grocer, Dun's Tew. Pet. June 21. June 10, at eleven, at offices of Sols. Faulkner and Coggins, Deddington

HANCOX, WILLIAM, farmer, Lineham. Pet. May 21. June 10, at one. at the Crown and Cushion hotel, Chipping Norton. Sols. Kilby and Mace, Chipping Norton HARTLEY, JOSEPH, commission agent, Christleton. Pet. May 24. June 9, at eleven, at office of Sol. Etty, Liverpool HALL, GEORGE, tea dealer, Leeds. Pet. May 19. June 12, at one, at the Law Institution, Albion-pl, Leeds. Sol. Read

HEATON, THOMAS, farmer, Horwich. Pet. May 20. June 4, at eleven. at office of Sol. Fielding, Bolton

HODSON, MARY JANE, dealer in fancy goods, Brighton. Pet. May 23. June 12, at twelve, at 7, Union-st, Ship-st, Brighton. Sol. Hodson, Shoreham

HINDE, JOHN, joiner, Flimley. Pet. May 28. June 12, at eleven, at 27A, Kirby-st, Maryport. Sol. Collin, Maryport HOER, OSCAR, watchmaker, Deptford Lower-road, Rotherhithe. Pet. May 21. Jure 9, at two, at office of Sol. Parkes, Queen Victoria-st

HILL, ALFRED, builder, Stapleton. Pet. May 23. June 7,
at eleven, at the offices of Milne and Co. Caledonian-
chmbrs, St. Stephen's-avenue, Clare-st, Bristol. Sols.
Fussell, Prichard, Swann, and Henderson, Bristol
HOWELLS, OLIVER, beer retailer, Bristol. Pet. May 26.
June 4, at twelve, at office of Sol. Essery, Bristol
HAWKES, JOHN FRANCIS, Coal dealer, Higham Ferrers. Pet.
May 21. June 9, at one, at the Town Hall, Higham Fer-
rers. Sol. Simpson, Higham Ferrers

HALL. JOHN, grocer, Helton-le-Hole. Pet. May 22. June 9,
at twelve, at office of Sol. Stokoe. Sunderland
HIGHCOCK, THOMAS, Contractor, Chesterton. Pet. May 23.
June 7, at half-past eleven, at office of Sol. Tennant and
Co, Hanley

IVEMEY, EDWARD, tailor. St. Peter's-alley, Cornhill. Pet.
May 19. June 6, at three, at the Masons' Hall tavern,
Masons'-avenue, Basinghall-st. Sol. Painell, Fenchurch-st
JONES, JOHN, innpeeper, Newport. Pet. May 21. June 12,
JOLLEY, JAMES, victualler, Walsall. Pet. May 22.
at twelve, at office of Sol. Baker, Walsall
JONES, THOMAS, the younger, farmer, Ratlinghope. Pet.
May 21. June 12, at two, at the Lion-inn, Church
Stretton. Sols. Horton, Lee, and Lee, Birmingham
JOHNSON, JOHN, printer, Longton. Pet. May 23. June 9, at
eleven. at office of Sol. Kent, Longton

at eleven, at offices of Sols. Williams and Co. June 13,

JONES. THOMAS MORRIS, draper, Birmingham. Pet. May 16. June 10, at twelve, at office of Sol. Jaques, Birming

ham

JOLIFFE, JOSIAH, watchmaker, Portsea. Pet. May 23. June 9, at eleven, at offices of Sol. Harvey, Portsea

KEY, 'JESSE, builder, Birmingham. Pet. May 22. June 6, at eleven, at office of Sol. Parr, Birmingham KIRBY, CHARLES D., draper, Wigan. Pet. May 22. June 10 at three, at the Rooms of the Home Trade Association, York-st, Manchester. Sol. Atkinson, Manchester KIESLING. AUGUST, boot manufacturer, Chorlton-on-Medloch. Pet. May 22. June 12, at three, at office of Sol. Stead, Manchester

KITCHEN, FRANCIS HOWARD, fruit dealer, Ulverston. Pet. Mav 23. June 10, at ten, at office of Sol. Pearson, Ulver

LLOYD, JOHN, draper. Northop. Pet. May 2. June 9, at twelve, at offices of Sols. Tibbits and Son, Chester LEACH, JAMEs, plumber, Bolton. Pet. May 23. June 10, at twelve, at the King's Arms inn, Spring-gardens, Man. chester. Sol. Anderton, Bury LORD, JAMES, LORD, WILLIAM, and FENTON, JOHN, cotton spinners, Burnley. Pet. May 22. June 11, at three, at the office of Bell, accountant, 27, Union-st, Bury. Sol. Woodcock, jun. Haslingden

LITKEN, THOMAS, fruit_salesman, Bradford. Pet. May 23. June 6, at three, at offices of Sols. Peel and Gaant, Bradford LINLEY, JOSEPH, joiner, Derby. Pet. May 24. June 18, at eleven, at offices of Sols. Clark and Huish, Derby LIGHT, WILLIAM, farmer, Nempnett. Pet. May 22. June 5, at two, at the offices of Tricks, Sons, and Co. City-chmrs, Nicholas-st, Bristol. Sol. Clifton, Bristol LINNELL, WILLIAM, farmer, Arthingworth. Pet. May 24. June 12, at twelve, at the George hotel, Northampton. Sol. Lamb and Lamb, Kettering

MARSH, JAMES, out of business, Oldham. Pet. May 24, June 11, at three, at offices of Sols. Buckley and Matinson, Oldham

MEDCALF, JOHN Edward, ont of business, Sale. Pet. May 23. June 11, at three, at office of Sol. Marlow, Manchester MAULE, WILLIAM, the younger, carriage builder, Berwickupon-Tweed. Pet. May 22. June 5, at two, at the Corn Exchange, Berwick-upon-Tweed. Sols. Weddell and Weddel, Berwick-upon-Tweed MARSDEN,

HENRY, boot manufacturer, Great Malvern. Pet May 24. June 13, at twelve, at offices of Sols. Corbett and Corbett, Worcester

MORRIS, THOMAS, farmer, Audlem. Pet. May 23. June 11,
at two, at office of Sol. Lisle, Nantwich
NELSON, HENRY, timber merchant, Liverpool. Pet. May 22.
June 12, at two, at office of Sol. Harris, Liverpool
NEWELL, EVAN, farmer, Towyn. Pet. May 16. June 10, at
two, at the Crown hotel, Shrewsbury. Sols. Minshulls
and Jones

NURSE, JAMES, licensed victualler, Tipton. Pet. May 22.
June 6, at eleven, at office of Sol. Travis, Tipton
PARRETT, JOHN, carver. Faversham. Pet. May 23. June

10, at three, at the Guildhall tavern, Gresham-st, City.

Sols. Sankey, Son, and Flint, Canterbury PURNELL, ROBERT COOPER, PURNELL, ROBERT COOPER, the younger, and PURNELL, ALFRED BEVAN, general carriers, Worcester. Pet. May 28. June 11, at three, at the Sara cen's Head inn, Worcester. Sols. Harcourt and Macarthur, Moorgate-st

PICKEN, THOMAS, and PEAKE, JOHN, toy dealers, Tunstall. Pet. May 20. June 9, at eleven, at the Royal hotel, Crewe. Sols. Cooper and Co, Tunstall

POPE, FREDERICK ALEXANDER (under the style of the London Star Tea Company), tea dealer, Birmingham. Pet. May 20. June 9, at three,; at office of Sol. Jaques, Birmingham

PEARSON, WILLIAM HALL, engineer.! Birmingham. Pet. May 22. June 4, at twelve, at the offices of Sharp and Sharp, 47, Ann-street, Birmingham. Sol. Rawlings, Birmingham

PIMBLOTT, ISAAC, boiler maker, Northwich. Pet. May 22. June 6, at twelve, at office of Sol. Garthwaite, Manchester POPHAM, ELIZA RACHEL, and POPHAM, ANN DOREATHEA, lace manufacturers, Mare-st, Hackney. Pet. May 23. June 12. at two, at offices of Sols. Tilyard and Gribble, King-street, Cheapside PITTS, MARGARET, Gorton. Pet. May 22. June 16, at eleven, at office of Sol. Hampson, Manchester PINKER, WILLIAM, jun., Her Majesty's Prison, Wandsworth. Pet. May 20. June 16, at three, at office of Sol. Hare, 2, Pinner's-ct, 54, Old Broad-st

RICHES, GEORGE, coal merchant, Farnham. Pet, May 21. June 10, at four, at Masons' Hall Tavern, Masons'. -avenue, Basinghall-st. Sol. Chandler, Guildhall-chmbrs, Basinghall st

ROBBINS, WILLIAM, tailor. Tipton. Pet. May 22. June 6, at eleven, at office of Sol. Travis, Tipton

SAMS, JAMES, publican, Holme. Pet. May 22. June 6, at one, at the Admiral inn, Holme. Sol. Gaches, Peterborough

SHAW, JOSEPH, and SHAW, ALFRED, Woollen manufacturers, Elland, Pet. May 24. June 9, at eleven, at office of Sol. Garsed, Halifax

SIMCOCKS, WILLIAM JONATHAN. commission agent, Higher Tranmere. Pet, May 23. June 11, at twelve, at office of Sol. Carruthers, Liverpool

SNELL, CHARLES HENRY, tailor, Bristol. Pet. May 24. June 7, at twelve, at the office of Sprod, 13, John-st, Bristol. Sol. Essery, Bristol

SHARER, NAUMEN, dealer in china, New road. White chapel. Pet. May 17. June 1, at three, at office of Sol. Cattlin, Wormwood-st, Old Broad-st

SHARPE, FREDERICK CONSTANTINE, wine merchant. St. Paul's-bldgs, Paternoster-row. Pet. May 22. June 10, at two, at office of Sol. Poole, Bartholomew-close SMITH, EDMUND TYDEMAN, farmer, Creeting All Saints. Pet. May 21. June 16. at twelve, at the Swan hotel, Needham Market. Sol. Gudgeon

SMITH, SAMUEL GEORGE, farmer, Leigh. Pet. May 22.
June 12, at twelve, at the Mermaid hotel, High-street,
Yeovil. Sols. Andrews, Pore, and Andrews, Dorchester
SPENCER, WILLIAM, farmer, Potters Marston. Pet. May 24.
June 13, at twelve, at the offices of the Trade Protection
Society, 4, New-street, Leicester. Sols. Toller and Sons,
Leicester

SMITH, JAMES, saddler, Lowestoft. Pet. May 21. June 11,
at twelve, at office of Sol, Seago, Lowestoft
SPENCELAYH, WILLIAM BROWN, ironmonger. Chatham
Pet. May 24. June 17, at twelve, at the Guildhall tavern,
Gresham-st, City. Sol. Winch, Chatham
SKINNER, ADOLPHUS, farmer, Fairlight. Pet. May 19.
June 1, at one, at office of Sol, Savery, Hastings
SUTTON, JOHN, beerhouse keeper, Maghull. Pet. May 22.
June 6, at three, at offices of Sols. Brighouse and Brig-
house. Ormskirk

SCOTT, GEORGE, woollen merchant, Leeds. Pet. May 23.
June 9, at three, at office of Sol. Pullan, Leeds
TAZEWELL, JOHN, farmer, Bridgwater. Pet. May 24. June 9,
at twelve, at office of Sois. Reed and Cook, Bridgwater
TIPPETTS, THEODORE GEORGE, solicitor, Atherstone. Pet.
May 23. June 9, at three, at the Red Lion hotel, Ather-
stone. Sols. Argyle and Sons

THOMAS, CHARLES, jun., baker, Southampton. Pet. May 21. June 6, at four, at office of Sol. Watts, Southampton TAYLOR, JOHN ROBERT SELKIRK, shipwright, Drypool. Pet. May 17. June 5, at three, at offices of Sols. Singleton and Martinson, Kingston-upon-Hull

TURNER, HERBERT, draper, Rotherham. Pet. May 17. June

WILDAY, CHARLES HARRY LITTLETON, Cox, ROWLAND LOCKYER, lithographers, Castle-st, Holborn. Pet. May 17. Jane 12, at two, at offices of Sols. Lawrance, Plews and Baker, Old Jewry-chmbs

WOLFENSBERGER, JOHN HENRY, wine merchant, Chorltonupon-Medlock. Pet. May 23. June 10, at three, at office of Sol. Tidswell, Manchester

WILLIAMS, THOMAS JOSEPH FREDERICK, tailor, High-st.
Shoreditch. Pet. May 12. June 5, at three, at the Inns of
Court hotel. Lincoln's-inn-fields. Sol. Betts, Southamp
ton-st. Strand

WEBB, JOHN CROSS, japanner, Manchester. Pet. May 22.
June 17, at three, at office of Sol, Jones, Manchester
WRIGHT, RICHARD, joiner, Kingston-upon-Hull. Pet. May
19. June 4, at three, at office of Pickering, Parliament-st,
Kingston-upon-Hull. Sols, Woodhouse and Peach, Hall
WILSON, JAMES, builder, Birmingham. Pet. May 23. June,
at half-past two, at 67 (late 23), Colmore-row, Birming-
ham. Sol. Barber
WALKER, ARNOLO HERBERT, wine retailer, Birmingham.
Pet. May 23. June 9, at four, at office of Sol. Phillips.
Aston
WOOKEY, JOSEPH, farm bailiff, Mortimer. Pet. May 2.
June 9, at eleven, at 20, the Forbury, Reading. Sol.
Creed

WILLIAMSON, FERDINAND HEDWORTH, gentleman, Bessborough-rd. Pimlico. Pet. May 11. June 5, at two. at Ashley's hotel, Henrietta-st, Covent Garden. Sols. Wilkinson and Howlett

WOOLF, MORRIS, boot manufacturer, Birmingham. Pet. May 23. June 6, at eleven, at office of Sol. Spencer, Birmingham

WINSCORN, EDWIN, tea dealer, Carisbrook. Pet. May 22. June 6. at eleven, at office of Poole, Bartholomew-close. Sol. Joyce

Dibidends.

BANKRUPTS' ESTATES.

The Official Assignees, &c., are given, to whom apply for the Dividends.

nell, High Wycombe. Bicheno, R., ironmonger, first and final, 17s. 10d. At Trust. Laming, Spalding.-Borter and Beck, builders, first, 10s. At Trust. Harrison, Burton-onTrent.-Bristow, R., Dover-st, first and final, 3s. 3d. At Trust. Smith, Basinghall-st.-Cruse, J., butcher, first and final, 2s. At Trust. Hutchings, Bideford.-Dance, R. wool len merchant, first, 6d. At Trust. Good, New Poultrychmbs, Poultry.-Hutton, T. grocer, first, 4s. At Trust. Wright, Doncaster.-M'Gregor, F. J. S. retired commander R.N., third, 64d. At London Bankruptcy Court. Mirfield M. worsted top maker, second, 1s. At offices of Blackburn and Blackburn, accountants, Bradford.- Nelson, J. T. mechanical engineer, first and final, 3d. At Trust. Close, Leeds. Piper, E. widow, second, 78. At London Bank

Bennell, E. J., farmer, first and final, 2d. At Trust. Ben

ruptcy Court.-Pulsford, T. and T. drapers, fourth and final 4d. At Trust. Lovering, Gresham-st.-Swallow, J. T, austioneer, first and final, Id. At Taust. Gaches, Peterborongh -Yonge or Montaigu, G. H. further, 4s. At Trust. Henderson, Moorgate-st-bldgs.

BAINES. On the 12th inst., at 1, Park-villas, St. Giles Oxford, the wife of Henry Baines, Solicitor, of a son., DUNCAN-On the 18th inst., at 31, Connaught-square, Hyde Park, the wife of C. A. Duncan, Esq., Barrister-at-law, of a daughter.

DUNCAN. On the 14th inst., at St. Margaret's, Twickenham, the wife of George James Duncan, of the Inner Temple. Barrister-at-law, of a son. JENKINS.-On the 17th inst., the wife of William Jenkins, Esq., of 13, Cranley-place, Onslow-square, S. W., Barristerat-law, of a son.

KITE. On the 17th inst., at Haines Hill, Taunton, the wife of George H. Kite, Solicitor, of a daughter. LEE. On the 23rd inst. at 19, Bassett-road, Ladbrokegrove-road, W., the wife of Edward Lee, Sólici.or, of a

son.

VERNEY.-On the 25th inst,, the wife of Frederick Verney, Barrister-at-law, of a son.

WILKES. On the 22nd inst., at Wenden House, Sutton, the wife of John Wilkes, Esq., Barrister-at-law, of a son. WILSON. On the 21st inst., at 12, Nightingale-road, Clapton, London, the wife of T. H. Wilson, Solicitor, of Calcatta, of a daughter. WOOD-On the 15th inst., at 5, Park-lane. Stoke Newington, N., the wife of William Wood, Solicitor, of a son.

MARRIAGES.

PORTER-HOUSTON.-On the 17th inst., at Rawdon, near Leeds, James Biggs Porter, Esq., of the Inner Temple. Barrister-at-law, to Rosina Louisa. third daughter of the late Henry Houston, Esq., of The Elms, Frome. PRITCHARD STARTIN.-On the 20th inst., in the Chapel Royal, Savoy, Charles Edward Crosse Prichard, Solicitor, London, to Annie, only daughter of the late John Startin, H.E.I.C.S.

STANLEY-NORRIS.-On the 20th inst., at St. Mary's Church, Blechingley, John Stanley, LLB., Barrister-at-law, Dublin, to Annie, eldest daughter of James Norris. Castle-hill, Blechingley, Surrey.

DEATHS.

PHILLIPS. On the 17th inst., at Cottingham, East Yorks,
Charles Henry Phillips, Solicitor, Registrar of the County
Court at Hull, in the 83rd year of his age.
SEWELL. On the 14th inst., at 4, Salisbury-villas, Station
road, Cambridge, aged 71, Henry Sewell, Esq., formerly
Attorney-General of New Zealand.

STREETEN. On the 21st inst., at 14, Park-road, Haverstock. hill, N.W., Francis Towers Streeten, Esq.. Bencher of Gray's-inn, Recorder of Worcester, &c.

10. at two, at the Queen's hotel, Manchester. Sols. Bad- PAINLESS DENTISTRY.

gers, Rhodes, and Co, Rotherham

THORNLEY, CATHERINE, earthenware dealer, Ardwick. Pet. May 22. June 11, at eleven, at office of Sol. Rowley, Man

chester

WILLIAMSON, JAMES, glass merchant, North Shields. Pet. May 22. June 5, at eleven, at office of Sol. Kewney, North Shields

WILSON. THOMAS, wholesale hosier, Newcastle-upon-Tyne. Pet. May 22. June 6, at twelve, at office of Sol. Pybus, Newcastle-upon-Tyne

WILKINS, JOHN, joiner, Derby. Pet. May 22, June 14, at eleven, at office of Sol. Leech, Derby

ARTIFICIAL TEETH.

MR. G. H. JONES,

Surgeon Dentist,

7. GREAT RUSSELL-STREET, LONDON, (Immediately opposite the British Museum.) Has obtained HEB MAJESTY'S ROYAL LETTERS PATENT for his perfectly painless system of adapting Prize Medal (London and Paris)

ARTIFICIAL TEETH BY ATMOSPHERIC PRESSURE

Pamphlet gratis and post free.

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][ocr errors][subsumed][subsumed][subsumed][ocr errors][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

On Covenants which run with the

Land at Law

355

105 Rota of Registrars in Attendance. 105 105 Supreme Court of Judicature... THE GAZETTES..

107

BIRTHS, MARRIAGES, AND DEATHS......... 108

The Law and the Lawyers.

We are glad to find that the unsatisfactory state of the law relating to child murder is to be brought under the notice of the House of Commons by Sir EARDLEY WILMOT, who has given notice that, when the Criminal Code Bill comes on in committee, he intends to move the addition of a clause which will have the effect of abolishing the punishment of death in cases of child murder, where it is proved that the death of such child occurred with seven days of its birth. Under the existing law if a woman at the time of delivery kills the infant which she brings into the world, the deed is technically as much murder as the most premeditated case of homicide, and has assigned to it exactly the same punishment. Sir EARDLEY WILMOT has given notice that he will propose the addition of a clause which will have the effect of creating a new offence altogether, which may be described as "child murder within seven days from birth." The proposed clause is this: "Where any woman shall have been convicted of the murder of her infant child, and it has been proved by evidence before the court that the death of such child occurred at any period within seven days of its birth, sentence of VOL. LXVII.-No. 1888.

death shall not be passed upon her; but she shall be punishable with penal servitude for any period not less than seven years." This clause, if it should become law, will go a long way towards placing the punishment for child murder upon a more satisfactory footing, and will no doubt result in punishment being inflicted with far greater certainty than is now the case. This proposition it will be seen does not alter in any way the present definition of the crime of murder, but will, if adopted, give the judges a discretion to pass a sentence appropriate to the particular case. The principle is one which, with some modification, perhaps, might with advantage be extended to all cases of murder.

APPEALS by way of motion from inferior courts must be entered upon the court list within the time named in the notice to show cause. In the case of Donovan v. Brown which recently came before the Exchequer Division, a rule had been obtained to set aside a nonsuit in the Mayor's Court, but, upon its coming on for argument, objection was taken that the appeal had not been entered upon the list at the Crown Office of the Queen's Bench within the time named in the notice to show cause, which was some day last November. In support of this objection reference was made to Re National Funds Assurance Company (35 L. T. Rep. N. S. 689), where it was held that not only must the proper notice of appeal be given in time, but it must be actually entered before the day named in the notice, or it will be treated as abandoned. But this was decided under Order LVIII., r. 8, where all the formal proceedings for filing notice of appeal are set out elaborately; while appeals by way of motion from inferior courts are regulated by rule 19 of the same order, which contains no such provisions, and points to no similar necessity; the only words from which it could be inferred being, "All such appeals shall be entered in one list by the officers of the Crown Office of the Queen's Bench Division." Seeing, therefore, that no mention whatever is made of time while the act to be done is official, this seems a strong decision. The Exchequer Division, however, could see no distinction between this rule 19 and rule 8, on which the above case was decided, and so supported the objection.

The

FROM the recent case of The Eider (reported in 40 L. T. Rep. N. S. 462), a different practice appears to prevail in actions for accounts with regard to the time down to which the account is to be made up. That was an action brought by one co-owner of a ship against the other co-owners, under the Admiralty Court Act 1861, sect. 8, for a settlement of accounts between the co-owners. registrar, to whom all matters had been referred to report on, had investigated the accounts down to the date of the writ, and reported that there was a balance due to the defendant on the co-ownership accounts. There was an admitted sum due to the plaintiff on the account rendered for the current half-year subsequent to the writ, and it was contended by the plaintiff that that sum should be taken into the account, in which case there would be a balance in his favour. He however refused, and upon application made to the court, the Court confirmed the report. It was contended by the plaintiff, before the court, that the practice of the Court of Chancery was to settle up accounts up to the date of the chief clerk's certificate, and that, according to this practice, the above sum ought to have been taken into the accounts, and so the balance made up in the plaintiff's favour. The Judge, however, stated that it was the invariable and long settled practice of the Court of Admiralty for the registrar to take accounts in the way he had done, and that with regard to the Chancery practice the Court of Admiralty had always had an independent practice of its own which he (the judge) would not depart from until it was made clear to him that it was founded on a wrong principle. He pointed out that, if he were to decide that the Chancery practice making weekly or was to be followed in the case of a vessel monthly voyages, the accounts would never be finally settled, and the registrar might be kept sitting de die in diem, and the reference would never come to an end.

VARIOUS causes of action may properly be joined with an action for recovery of land by leave of the court, which can be obtained ex parte; but this must not be done without that leave, reliance being placed upon the court's subsequently consenting because the joinder is suitable. Such is the result of Pilcher v. Hinds, in which Mr. Justice FRY's decision was recently supported by the Court of Appeal. There the plaintiffs had issued a writ asking for administration of the trusts of the will, an account of rents and profits, and possession and sale of certain freeholds held by the defendants, who were the executors. This was all done without leave; the writ was served, defendants appeared, and then the plaintiffs came to the court before delivering their statement of claim, and asked for an order "to continue the action in its present form." They admitted having acted against Order XVII., r. 2, by not first getting leave, but argued that the causes of action were rightly joined upon the authority of Whetstone v. Dews (33 L. T. Rep. N. S. 501) where it was held that an action for the administration of personal estate is proper to be joined with an action for the recovery of land given by the same will, Having

got so far in their defence the plaintiffs asked the court to grant the leave required nunc pro tunc, using Order LVIL, r. 6, in support of their view that every judge had power in his discretion to do whatever might meet the justice of the case. But Mr. Justice FRY, and afterwards the Court of Appeal, pointed out that this rule applied only to questions of enlarging a period of time, and had nothing to do with the present case. The leave should have been applied for before the action was commenced, and though the rule does not, in terms, lay this down, such is its meaning. The judge, therefore, holding that the practice should be uniform, dismissed the summons with costs; and the court above, saying they could not now rectify the error did the same with the appeal. Even if there is any discretion given by the rules in such cases it does not seem likely to be often exercised.

WHETHER Sheriffs can be ordered to pay the costs of applications against them arising from their neglect in not making a return, is a question that has hitherto been, to say the least, very doubtful. But some light was thrown upon it by the decision in a case that came before Vice-Chancellor HALL, appeared that the defendant had obtained an order against the which is both instructive and important. In Hall v. Rey it plaintiff for the costs of an abandoned motion which he duly taxed, and in default of payment issued a writ of fi. fa., and lodged it with the sheriff of Surrey. No return could be obtained in spite of repeated applications, and on April 2 the defendant asked for and received the usual order that he should make his return forthwith. This not being obeyed counsel moved ex parte for an order nisi on the sheriff to make his return within six days or a committal in default, and asked for the costs. But no authority being then forthcoming the VICE-CHANCELLOR doubted whether he had any such power. Subsequently, however, the old case of Evans v. Davies (7 Beav. 81) was quoted to him, and as the then MASTER of the ROLLS had, under a state of facts precisely in point, granted costs of both applications against the sheriff, his ruling was at once approved and followed by the VICE-CHANCELLOR. We hope that these decisions will have a wholesome effect upon sheriffs and their officers. The delays of sheriffs, and of some in particular, as to making a return, however repeated may be the applications, cause much annoyance and inconvenience to the Profession, and it is well if we have found a ready remedy by punishing their neglect with an order for costs. The old case quoted and the recent decision where it was followed are certainly in Chancery, but under the new system it may be presumed that they would apply equally to motions in the Common Law Division. There is no reason whatever in the nature of things why sheriffs should not be made to pay for delay in doing their duty as well as other people, and an application to the High Court of this kind, supported by a proper affidavit of facts setting forth repeated demands for a return and continued neglect, will for the future probably prove successful.

AN inhabited house is within the jurisdiction conferred by the sections of the Public Health Act 1875 which relate to nuisances; and if such house is in so bad repair as to amount to a nuisance, the local authority may be authorised to pull it down. This in effect was the result of the case in Brown v. The Guardians of Biggleswade Union, which was heard on appeal from a County Court a few days ago. The action was for damages alleged to be due to the conduct of the defendants in causing the plaintiff's cottage to be pulled down. The guardians relied by way of defence upon an order made by the justices under the above Act. The plaintiff had for many years occupied a mud hut on waste land. He was summoned before justices for occupying a house unfit for human habitation, and ordered by them to vacate it in thirty days. He was fined for non-compliance with the justices' order, and imprisoned for nor payment of the fine. The justices' direction to the inspector of nuisances was "to take the necessary steps to abate the nuisance," the order stating that the premises were in such a dilapidated and ruinous condition as to be unfit for human habitation. The inspector, intending to comply with the order of the justices, caused the building to be pulled down. Amongst the illustrations of nuisances given by sect. 91 of the above Act are "any premises in such a state as to be a nuisance or injurious to health," and any house or part of a house so overcrowded as to be dangerous or injurious to the health of the inmates. The 96th section gives power to a court of summary jurisdiction to make an order dealing with the nuisance, directed to the person by whose act, or default, or sufferance the nuisance arises or continues, or, if he cannot be found, to the owner or occupier of the premises on which such nuisance arises. The 97th section provides that where the nuisance proved to exist is such as to render a house or building, in the judgment of the court, unfit for human habitation, the court may prohibit the using thereof for that purpose; the 98th provides a penalty for disobedience of an order of court, and also empowers the local authority to enter the premises to which any order relates and abate the nuisance, and do whatever may be necessary in execution of such order, the expenses of such abatement being recoverable from the person upon whom the order is made. In the present case the local authorities had

given notice to the plaintiff and he had disobeyed it. The County Court judge gave judgment for the defendants; and that judg ment was affirmed by the divisional court. The plaintiff's contention was that the pulling down of the house was an excess of authority, since the proper course was to repair and charge the plaintiff with the cost. The Court, however, thought that the only way in which the nuisance could be abated was by pulling the house down, and that the guardians were not bound to build or repair. There does not appear to be any difficulty about the law of the case; the decision nevertheless is of interest, inasmuch as it is a practical illustration of the working of an Act which must affect very many owners and occupiers.

A NOVEL application of the 54th section of the Merchant Shipping Amendment Act 1862, was made in the case of Chapman v. Royal Netherlands Steam Navigation Company (40 L. T. Rep. N. S. 433). The plaintiff was the owner of the steamship Savernake, the defendants were the owners of the steamship Vesuvius and her cargo. A collision had occurred between the two vessels, whereby the latter had been lost with her cargo. The former also was damaged. In an action in the Admiralty Division both vessels had been found to blame, and the ordinary Admiralty rule under such circumstances was ordered to apply, namely, that each was to pay half the damage to the other. The owner of the Saver. nake then took proceedings in the Chancery Division to obtain the benefit of the provision of the Merchant Shipping Act which enables shipowners to limit their liability to a sum equal to £8 per ton of the tonnage of their ship. The loss on the Vesuvius and her cargo was about £28,000, and the limit of liability at £8 per ton of the Savernake would be only £5200. The loss on the latter ship was about £400. The owner of the Savernake, while claiming to limit his own liability to £8 per ton, claimed nevertheless to recover half the damage sustained by his own vessel against the owners of the Vesuvius, which would make him liable for a balance of about £3200. The owners of the Vesuvius on the other hand claimed to have the two sets of damages first assessed, and the Savernake's half damage deducted from the Vesuvius's half damage, and then contended that the owners of the Vesuvius should prove against the Savernake for the balance to the extent of £8 per ton, which would make the plaintiff liable to the full limit of his liability, namely, £5200. The MASTER of the ROLLS before whom the case came, originally held that the damages should be calculated as the damages arising from the collision payable by one party to the other; if both vessels were damaged, the sum payable would be the balance. "That," said his Lordship, "I think is the fair view of the Act of Parliament-not two losses, not two independent actions, and two independent rights, but the loss arising from the collision; and if you look at the Act you will find that there is nothing said about the person entitled to recover. It is only a limitation of the amount that the owner of the vessel is liable to pay." The MASTER of the ROLLS accordingly decided in favour of the claim made by the owners of the Vesuvius. The judges who heard the appeal from that decision were Lords Justices COTTON, BAGGALLAY, and BRETT; of whom the two former were in favour of the appeal, whilst the latter supported the judgment of the court below. The 54th section of the Act, to which we have referred, provides that where by reason of the improper navigation of any ship, but without the actual fault or privity of its owners, loss or damage is caused to any other ship, or to any goods on board such other ship, the owners. of the first mentioned ship shall not be answerable in damages in respect of such loss or damage to an aggregate amount exceeding £8 per ton of their own ship tonnage. "Where, remarked Lord Justice BRETT," the limitation action or application by petition is instituted after the judgment in a damage cause or causes, or where either of them is instituted before such judg ment, but no order is made to stay any proceedings in the damage causes, the 54th section of the Merchant Shipping Acts Amend. ment Act 1862, if it be invoked as against several claimants, cannot prevent the more successful party from ascertaining in the usual way, and according to the usual rules, the amount of loss or damage primarily due to him. In such cases the phrase "answerable in damages" is applicable to the last proceeding only of the whole litigation, that is to say, to the distribution of the limitation amount among the parties. On the other hand, Lord Justice BAGGALLAY thought that, if the contention of the owners of the Vesuvius, viz., the respondents, was well founded, the plaintiff or appellant, as owner of the Savernake, instead of having his liability limited to £8 per ton upon the registered tonnage of the ship, would also lose the amount in which the owners of the Vesuvius had been condemned, and would be in exactly the same position, as regards the amount of loss he would have to bear, as he would have been in had he been held alone to blame; that is, he would have to pay £8 per ton, and bear the loss caused by the damage done to his own ship. Lord Justice COTTON thought that the decision of the MASTER of the ROLLS was appa rently against the words and meaning of the Merchant Shipping Acts, and the provisions therein contained limiting the liability of the owners of ships. "But it is attempted," said his Lordship, "to support the order appealed from by urging that in the Admiralty Court a motion to enforce payment in such cases is

« Előző Tovább »

Könyvek

The Law Times, 67. kötet