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SIEETINGS FOR ALLOWANCE OF CERTIFICATES. 30, at half-past eleven-Clarke, C. coal dealer, Paradise-st. TERVOUSNESS: CURE for the MILAllerton, R. wheelwright, Bootle cum Linacre, April 21, at Lambeth, April 1, at eleven. -D' Asmar, M. T. spinster,

LION.-M. HENRY NEWTON (late Chemist to eleven, Liverpool.- Arnold, J. woollen draper, Walsall

, King-st. Portman-square, April 1. at half.past ten... Day, the Rev. Dr. Wills Moseley) has made arrangements to a April 22, at eleven, Birmingham.-Capas, T. builder. Bir

8. grocer, Hitchin, March 30, at half.past twelve. - Dexter: tend to every member of the community the benefit of the mingham, April 21, at eleven, Birmingham.- Daris, w. c. W. glove maker, Duke-st. West Smithfield, March 30, at

great discovery for the CURE of NERVOUS COMplasterer, Manchester, April 20, at twelve, Manchester. - eleven: - Donisum, W. engraver, Thornton-st. Bermondsey, PLAINTS, which hitherto has been enjoyed by the upper Hopton and Co. dyers, Leeds, 'April 20, at half-past one, April 1, at eleven.-Edie, E. widow, Market-st. Tottenham- and wealthier classes exclusively. Persons suffering from Leeds, as to Rose.

court-road, April 8, at eleven.--Francklin, T. baker, Mar- groundless fear, delusion, melancholy, inquietude, disincliGazette, March 31.

gate, April 1, at half-past ten.--Gardner, J. smith, Watling nation for society, study, business, &c. confusion, blood to Ashworth and Keyworth, brewers, Manchester, April 22,

ton, April 2, at eleven.-Glover, G. plumber, Hemel Hemp- the head, giddiness, failure of memory, irresolution, and at twelve, Manchester, aud. - Daniel, w. cabinet maker, stead, April 3, at half-past twelve - Harcus, J. tailor,

every other form of nervous disease, are invited to avail Chatham, March 30, at eleven.- Hendry, J. back-maker, themselves of this never-failing remedy. The most deeply. Manchester, April 23, at twelve, Manchester, aud. - For. dyce, w. bookseller, Newcastle, aud. -Hunsen,'P. merchant Henry's-place, Horton Old town, March 30, at half.past rooted symptoms are effectually and permanently removed. and shipowner, Newcastle-upon-Tyne, April 21, at twelve, twelve.- Hunt, J. beer retailer, Johnson's-court, Fleet-st.

Hours for consultation daily from Eleven to Five, and in the Newcastle, aud. and April 23, at one, further div.-Hender? April 1, at eleven.-Larke, J. sen. house carpenter, Great

evening from Seven to Nine, at Mr. Newton's residence, 7, son, J. horse dealer, High Crosby, Cumberland, April 21, at Yarmouth, April 1, at half-past ten.--Moon, J. surveyor, Northumberland-street, Trafalgar-square. - Letters, with a eleven, Newcastle, aud. and April 23, at one, div.-- Lowthin, Arundel-st. April 1, at eleven.-Onion, J. gardener. Ely, concise statement of cases, promptly attended to, and the J. and Brinley, R. J. printers, Newcastle-upon-Tyne, April April 1 at, eleven.--Parris, J. general shopkeeper, Bedford

means of cure sent to all parts. 21, at twelve, Newcastle, aud. and April 23, at half-past: st. Walworth, April 1, at eleven.-Rodwell, J. cabinet maker, one, further joint dir.-Oldham, E. and T. builders and rail. Watford, April two, at eleven.

ALVANISM.-Invalids are solicited to way directors, Chalford, Gloucester, and Cheltenham, April PETITIONS TO BE HEARD IN THE COUNTRY.

send to Mr. HALSE, of 5, PELHAM CRESCENT, 27, at eleven, Bristol, aud. and final div.-Russell, C. H. Barnes, I. provision shopkeeper, Manchester, April 4, at

BROMPTON, LONDON, for his PAMPHLET on MEDIA scrivener, Ludlow, April 25, at eleven, Birmingham, aud. twelve, Manchester.- Bensley, B. in no business, poolholm, CAL GALVANISM, which will be forwarded free on receipt MEETINGS FOR ALLOWANCE OF CERTIFICATES. April 16, at eleven, Bristol. - Butterworth, B. linen draper, of Two Postage Stamps. They will be astonished at its con

Sutton in Ashfield, March 27, at eleven, Leeds.- Dewhurst, tents. In it will be found the particulars of cures in cases of
Kilpatriek and Smith, rope manufacturers, Liverpool, s. sawyer, Blackburn, April 7, at twelve, Manchester.— Asthma, Rheumatism, Sciatica, Tic-douloureus, Paralysis,
April 24, at twelve, Liverpool.-Wren, T. sharebroker, Pres.
ton, April 22, at twelve, Manchester,

Duckworth, H. woollen carder, Rochdale, April 2, at twelve, Spinal Complaints, Headaches, deficiency of Nervous Energy,
Manchester.- Green, M. A. widow, Sheffield, March 27, at

Liver Complaints, General Debility, Indigestion, Stiff Joints, eleven, Leeds.-Hindley, F. c. butcher, Newark-upon- all sorts of Nervous disorders, &c. Mr. Halse's method of Partnerships Dissolbed.

Trent, April 3, at eleven, Birmingham. -Jones, T. buteher, applying the Galvanic Fluid is quite free from all unpleasant Gazette, March 24.

Newtown, April 3, at eleven, Liverpool.- Pewsom, T. butcher, sensation; in fact, it is rather pleasurable than otherwise, Abbott, W. W. and Habershon, w. G. architects, St. Sheffield, April 3, at eleven, Leeds. Ogilvie, A. surgeon, and many ladies are exceedingly fond of it. It quickly causes Neot's, Jan, 1.- Allatt, I. Hillhouse. Dean, J. Crosiand, J. Bath, April 2, at one, Exeter. - Pickett, B. carrier, Ifra- the patient to do without medicine. Terms, One Guines Hepworth, J. and Chadwick, E. Huddersfield, faney manu- combe, April 1, at one,' Exeter.-Pratt, J. blacksmith, Col. per week.

“Galvanism.-We hold it a positive duty to call attention facturers, Jan. 2. Debts paid by Allatt.–Barton, W. sen. lumpton, April 1, at eleven, Exeter.-Ridsdale, T. publican, Mawdesley, and Cookson, 'w. Parbold, quarrymen, March Ferry-hill, Durham, April 7, at half past twelve, Newcastle to the extraordinary cures lately effected by Mr. Halse, of 20. Dehts paid by Barton.-Bates, J. and Willis, D. mer- Rose, J. R. clerk, Newcastle under-Lyme, March 23, at

Pelham-crescent, Brompton, London, by the means of Gal. chants, Liverpool, March 20.-Berridge, M. and Baker, R. half-past ten, Birmingham.-Sartell, T. game dealer, Bath, vanism. A detail of these may be seen in a clever pamphlet drapers, Leicester, March 20. Debts paid by Baker.- April 9, at eleven, Bristol.-Scott, F. gaol keeper, Halifax,

on the subject, lately published by the practitioner himself; Bower, L. and Bottrell, J. coal dealers, Birmingham, March March 26, at eleven, Leeds.- Vincen, J. in no business, but we are enabled to corroborate the most essential part of 16.- Carter, G. and Mullett, J. butty miners, Kingswinford, Bedminster, April 2, at twelve, Bristol.-Wood, J. salesman,

these statements, by the fact of having ourselres undergone March 12. Debts paid by Muliett.-Cathie, J. and T. piano- Ashton-under-Lyne, April 6, at twelve, Manchester.

the operation, the process of which is no way disa zreeable, forte manufacturers, Charles-street, Long-acre, March 19. Wright, T. table knife manufacturer, Sheffield, March 27, at

while the effect is equally astonishing and complete. Ia Debts paid by J. Cathie.- Catterson, G. and W. tanners, eleven, Leeds.

Asthma, more especially, the powers of Galvanism, properly Beverley, March 19.-Chrismas, R., T., and T. farmers,

Gazette, March 27.

applied, are wonderful."--Court Journal. Mountfield, so far as regards R. Chrismas, Oct. 11. Debts

* Galvanism.--The Science of Galvanism appears to be

PETITIONS TO BE HEARD AT BASINGHALLpaid by the remaining partners.--Collier, H. and Eaton, G.

now brought to great perfection ; for we are given to under.

STREET. share-brokers, Sheffield, March 19. -Colrille, S. and Birrell,

stand that it can be adıninistered to mere infants, without A. I. merchants, Liverpool, Sept. 17.-Falcke, H., D., and c. land surveyor, Poole, April 2, at two.-Poulton, J. painter, Pelham-crescent, Brompton, is the gentleman to whom the

Daris, J. P. attorney, Chiswick, April 2, at two.Etty, producing the least inconvenience to them. Mr. Halse, of I. curiosity dealers, Oxford-st. and Hanway-st, March 17.

West-st. Walworth, April 2, at two. Debts paid by H. Falcke.-Ferrnley, David and Dan, wire

public are indebted for this improvement in the Galvanic Ap. drawers, Birstal, March 18. Debts paid by David Fearnley.

PETITIONS TO BE HEARD IN THE COUNTRY. paratus ; in short, Mr. Halse may be considered the Medical - Gauthorp, M. and Rideal, S. victuallers, Great Portland.

Daries, D. publican, Llantrissent, April 17, at eleven, Galvanist of the metropolis. Like most other men of talent, st. March 17.-Gilham, C. and I. and Moore, G. hat manu.

Bristol.-- James, R. out of business, Bath, April 17, at however, he has opponents and imitators ; but what reasonfacturers, so far as regards Moore, March 17., Debts paid by March 31, at eleren, Leeds.-- Knowles, T. butcher, Kidder- of Galvanism, would think of resorting to any imitator, when

eleven, Bristol.- Johnson, R. woolstapler, Snape, Yorkshire, able person, who feels desirous of trying the remedial powers Messrs. Gilham.-Hamilton, C. J. and Bird, W.J. booksellers, Higb-st. Islington, March 20. Debts paid by Ha.

minster, April 18, at eleven, Birmingham.-Liggins, J. H. Mr. Halse can bimself be applied to ?''-Weekly Chronicle. milton.-Hampson, J. and L. stone dealers, Dukinfield, gent. Nuneaton, April 14, at eleven, Birmingham.-Oakey, " Galvanism.-Our readers may have noticed several es. March 19.- Jackson, W. and Moore, J. linen drapers, Not.

C. jeweller, Cheltenham, April 13, at eleven, Bristol.-- tracts we have given from Jr. Halse's Pamphlet on Medical tingham and Sutton-in-Ashfield, March 11.-Kingham, W.

Turner, J. framesmith, Nottingham, April 2, at half-past Galvanism. We have reason to believe, that every case Edmondson, G. Keniston, S. and Howson, B. woollen dra. ten, Birmingham.

stated in the pamphlet is perfectly true, wonderful as they pers, Ludgate-hill, Feb. 18. Debts paid by Kingham, Ed.

certainly are ; for a short time since we called on Mr. Halse, mondson, and Keniston.- Lmo, G. and Fuller, H. G. brass.

and were introduced by him to a gentleman who was under. founders, Rose-lane, Ratcliffe, March 18.-Lewis, W.

Bankrupts.

going the operation. The patient informed us that it was and s. builders, Wokingham, March 20.-Ludlow, D.

not at all an unpleasant sensation ; indeed, we felt it our

From the Gazette of Friday, April 3. and Mills, J. hosiers, Oxford-st. March 21.-Morewood,

selves, and there was not the least unpleasantness about it. G. B. Hetherington, M. Morewond, A. and J. R. Liver Haye, J. and Ayres, H. woollen drapers, Newgate-st. This gentleman's case was Paralysis ; and he declared to us, pool, Dec. 31. Debts paid by either partner.-Needham, S. Dutt, J. carpenter, Cpper-st. Islington.- Pile, Wi licensed that before he came to Nr. Halse, one leg had withered and D. pork butchers, Manchester, Jan.7.-Nicholls, A. and victualler, Lower Thames.st.--Dykes, E. S. basket maker, away to a mere skeleton, 'but now,' said he, ' you pereeire, Jones, W. I. lamp manufacturers, Birmingham, March 19.- Essex.IIolmes, J. R. brewer, Poplar.-Duffield, A. and M.

it is both stout and healthy.' Such, indeed, was the case. Roden, W. and T. C. surgeons, Kidderminster, June 24.- ironmongers, Slough.-Shann, T. G. woollen cloth mer- If we can judge by the number of patients Mr. Halse has, Veltmann, F. C., Kuhiing, L. and Meyer, J. merchants and cbant, Leeds.-Cook, T. M. publican. Bath.-Watkinson, we should say he is making some very wonderful cures." agents, Hull, so far as regards, Meyer, Jan. 1.-Walkey, J. H. carpenter, President-st. East, St. Luke.--Withers, J. Shipping and Merrantile Gazette. and Stevens, R. painters, Plymouth, March 21. Debts paid cattle dealer, Bushey-heath, Hertford.–Bradford, W. G.

HALSE'S PORTABLE GALVANIC APPARATUS.by Walkey.-Webster, G. and Thompson, M. architects, tailor, Bucklersbury. - Forshall, T. surgeon, Doddington. Mr. W.H. Halse, of 5, Pelham-crescent, Brompton, LowKendal, March 20. Debts paid by Thompson.-Wild, J., grove, Kennington-Williamson, J. brick maker, Manches. don, is now ready to supply patients with his efficient Dunnicliff, J. D. and Bradbury, w. lace manufacturers, ter. --Olirer, M. innkeeper, Longtown, Cumberland.- PORTABLE APPARATUS. It is constructed on so simple Nottingham, March 19. Debts paid by Wild.-Woodgate, s. Henry, T. draper, Liverpool.-- Marsland, H. silk throwster, a plan, that the most unscientific can manage it ; and what and How, c. T. St. Leonard's-op-Sea, Feb. 28.-Worssam, Bosden, Cheshire. Morris, J. dealer in furniture, Lanca. renders it far superior to all other galvanic apparatus is, G. J. and S. millwrights, Great Mitchell-st. March 14.- shire.

that it will remain in action for several weeks without the Wray, J. and E. commission agents, Friday, March 18.

Icast trouble. It is constructed on precisely the same Yale, G. and W. and Barker, G. china manufacturers,

principle as the ones he uses at Pelham-crescent; and as he Stoke-upon-Trent, so far as regards G. Barker, March 19.

ADVERTISEMENTS. Debts paid by the remaining partners.

galvanizes between 40 and 50 patients every day, it may be well supposed that he has brought the galvanic apparatus to

great perfection. Price 10 guineas, the cash to accompany Gazette, March 27. Beal, H. and Watson, C. wheelwrights, Spencer-st. Shore.

EEDS FOR EXECUTION ABROAD. the order. Medical advice will be given how to apply it. ditch, March 21. Debts paid by Watson.--Biling, W. and

N.B.–Ky inclosing two postage stamps to Mr. Halse, a Hall, J. flour dealers, King's Lynn, March 19.-Carling, W. No.7, Old Jewry, beg to inform the Legal Profession, that pamphlet on galvanism will be forwarded post-free. and Vilbourne, W. stockbrokers, Bishopwearmouth, March they undertake to forward Deeds for Execution by Parties 24.-Chaduick, J. and Ashworth, T. manufacturers, Man- abroad, through their correspondents on the Continent, for

ALF-PINTS PORT and SHERRY, chester, March 24.--Clark, J. and Cowan, T. and J. millers, the costs of transmission, and a simple commission. Rotherhithe, March 25. Debts paid by either partner.

List of Correspondents, and for further information, apply Four glasses of capital wine, in an elegant bottle, called Fouler, J. jun. and B. cordwainers, Malmsbury, March 16. as above.

a demi-semi-quaver, so ornamentaily shaped as to grace any Debts paid by B. Fowler.-Hamer, B. and Lund, J. cotton

dinner-table."- Reniew. spinners, Bury, March 26. Debts paid by Hamer.-Hayes,

COMFORT FOR TENDER FEET, &c.

* In the study, at chainbers, or at the office, with a snack M. and J. dentists, Great May's-buildings, March 25. Debts

WELLINGTON-STREET, STRAND, LONDOX.

or luncheon, nothing can be better, and the wine is certainly paid by J. Hayes.- Heaken, S., Buckley, T. and M. A. Pon. tesbury, April 28.--- Jackson, J. and Stinson, J. frame smiths,

PANNIS CORIUM, or LEATHER CLOTH

“The wine is admirable, and the half-pints, or demi-semiMansfield,' Feb. 19.-James, R. and Woodburn, J. letter- BOOTS and SHOES, for Ladies and Gentlemen. These quaver bottles, a most convenient form."-Herald. press printers, Liverpool, March 26.-Jones, G. and Wil. articles have borne the test and received the approbation of

Hampers, containing one dozen of each, or smaller quanliams, P. coal masters, Walsall, July 23.-Maggi, C. and all who have worn them. Such as are troubled with Corns, tities, may be had as samples. Semi-quavers, or pints, 21$. ; Cuve, M. milliners, Regent-st. March 27:- Nicholson, J. and Bunions, Gout, Chilblains, or Tenderness of Feet from any quavers, or quarts; los Drew, T. linen drapers, Devonport, March 19.-Orton, J. other cause, will find them the softest and most comfortable

QUAVER WINE STORES, 70, St. Martin's-lane. and Donnison, F.mustard manufacturers, Newcastle, March ever invented--they never draw the feet or get hard, are very

Terms-Cash. Country Agents Wanted. 5.- Perks, W. S. and J. and Riddell, w. brewers, Burton, durable, adapted for every climate ; they resemble the finest

WILLIAM CHARLES, Manager. upon-Trent, so far as regards Riddell, March 25. Debts paid Leather, and are cleaned with common Blacking, by the remaining partners.-Philpotts, J. and Weaver, C. S. The PATENT INDIA RUBBER GOLOSHES are light,

These shawl warehousemen, Holborn-hill, March 24.—Price, J. durable, elastic, and waterproof; they thoroughly protect and Daries, T. druggists, Abergavenny, March 19. Debts the feet from damp or cold: are excellent preservatives world, and esteemed for their durability and beauty of work.

celebrated Brushes are well known in most parts of the paid by Davies.-Stainforth, S., Hutton, G. and Rickett, J. against Gout, Chilblains, &c.; and when worn over a boot manship. They retain the hair till quite worn out, are made J. corn millers, Sheffield, March 25. Debts paid by Rickett. - Wheeler, R. sen. and jun. and T. bankers, High Wycombe, and Gentlemen may be fitted with either of the above by tent of nearly 100 sorts, including those recommended by

or shoe, no sensible addition is felt to the weight. Ladies of every degree of hardness and variety of shape, to the es. so far as regards T. Wheeler, March 20. sending a boot or shoe.

the principal dentists of our day, and are sold at the usual Hall and Co.'s Portable WATERPROOF DRESSES for price of ls. each, or by post for thirteen stamps. Ensolvents

Ladies and Gentlemen. This desirable article claims the Superior smooth-pointed Tortoiseshell Combs, the work Petitioning the Courts of Bankruptcy.

attention of all who are exposed to the wet. Ladies' Car- manship of which is rarely equalled. The new and fashion.

dinal Cloaks, with Hoods, iss. Gentlemen's Dresses, com- able Comb for Ladies' Head-dress in great abundance. Tail Gazette, March 24.

prising Cape, Overalls, and Hood, 218. The whole can be and Dressing Combs, together with Front Combs, carved, PETITIONS TO BE HEARD AT BASINGHALL- carried with convenience in the pocket.

turned, and plain. The stock, for variety, colour, or extent, STREET.

The Trade supplied. - Ternis, Ready Money. is presumed to be the most complete as well as the largest Barker, R. victualler, Clarendon-st. Somers'-town, March HALL and co. particularly invite attention to their in London. 30, at twelve.---Bosley, M. domestic servant, Park-place ELASTIC BOOTS, which are much

approved ; they super- Proat's Brush and Comb Manufactosy, 229, Strand, West

, Camden-town.-Bridges, A. cheesemonger, Lambeth- sede lacing, or buttoning, are drawn on in an instant, and London, seven houses west of Temple-bar. Established walk, March 30, at twelve.-Bullock, R. tailor, Dover, March ! are a great support to the ankle.

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GAZETTES
ADVERTISEMENTS,

CONTENTS.

Page relating to any of the matters in the said bill mentioned, The bill was filed against Josbua Shaw, Mary Ann REPORTSVice-Chancellor of England's Court.............

with the exception of such documents in his possession Bennett, the elder, William Bennett and Mary Ann Rolls Court ....

or power, as related exclusively to the rents and pro- Bennett, the younger, praying that the said indenture Vice-Chancellor Bruce's Court

26 fits of the said copyhold estates or some part or parts of 24th Sept. 1838, might be declared fraudulent and Vice-Chancellor Wigram's Court

27 thereof received by this defendant since the death of void against the plaintiffs, and that the said defendants Court of Queen's Bench

28 the said Thomas Rigby, or to the personal occupation might be declared only entitled to the said leasehold Court of Exchequer

28 of the same estates, or to some part or parts thereof by premises, subject to the aforesaid equitable mortgage, Commissioners' Courts-London

this defendant since the death of the said Thomas and that the defendants might be decreed to pay to Circuit Reports LEGISLATOR-Summary .......

31 Rigby." And save as in the said schedule mentioned, the plaintiffs what should be found due on taking an Business of Parliament.......

31 the defendant denied the possession of any documents, account of principal and interest. The defendants The Debates....

31 &c., "relating to the matters, or any matter in the now objected that the representatives of Robert MAGISTRATE--Summary..

32 said bill mentioned, whereby, if the same were pro- Bennett, the settlor, ought to be made parties, and New Settlement Bill.

duced, the truth of such matters, or any of them, upon this objection the cause was set down (a). Expenses of Coroners

Tennent, in support of the objection, contended, that would appear, except documents relating exclusively Practice of Summary Convictions (continued). LAWYER-Summary

33 to rents and profits 80 received by the defendant since the plaintiffs did not positively state that there is ProNOTIONS, APPOINTMENTS, &c..

33 the death of the said Thomas Rigby as aforesaid, or such an indenture of settlement, but simply this, COURT PAPERS......

33 to the personal occupation by the defendant since the namely it is alleged that there is; and there exists no LEGAL INTELLIGENCE

35 death of the said Thomas Rigby, of the said copyhola instance in which the Court has gone to the extent of CORRESPONDBNCBRailway Liabilities

estates and premises, or some part or parts thereof." declaring an instrument fraudulent in the absence of Transfer of Property Acts

Jas. Parker and Ran. Palmer, in support of the the party making it. Cumming o. Bedborough

36 plea.- The statements in the bill may be divided into Piggott, for the plaintiffs, stated, that the settlor LEADING ARTICLES

two parts. The one which relates to the indentity of had by the settlement made an absolute assignment Law of Debtor and Creditor

36

the individuals who claim the property, which must of all his interest to the defendants. Legal Education (Ireland)

37

be answered; the other part is consequential upon His Honour thought, that, looking at the whole THE CRITICThe Bench Formulist

37

that, and against which we claim a right of protecting record, whatever infirmity there might have been in BIRTIS, MARRIAGES, AND DEATHS

37 ourselves. This is a case where one party, a total the allegations contained in the bill, it was sufficient PROPERTY JOURNAL

stranger, asks for an account of the rents and profits that the substantial question was, whether the set. Practice of Sales (continued)

37 of a gentleman's estate. The plea ought not to be tlement should stand good as against the mort. Public Sales............... Money Market............

39 disregarded by the Court, inasmuch as it proffers a gagees. If not, his opinion was, that the bill might fair issue as to identity.

stand without the settlor's representatives, and there-
Robson, for the bill, contended that the plea was fore overruled the objection.
not in fairness an issuable plea; and that it only
aimed to protect the defendants from a discovery of

ROLLS COURT.
THE REPORTS,

the documents which related to the rents and profits ;
and might contain incidental information by rentals,

Tuesday, Feb. 17.
&c., to which the plaintiff was justly entitled.

Re RICHARDSON,
Equity Courts.

The

Vice-CHANCELLOR.-The hill contains a ge- Solicitor's bill of costs-DeliveryTaxation-Paying neral allegation that the defendants are in possession

over trust money-Delivery of papers. VICE-CHANCELLOR OF ENGLAND'S of documents relating to the matters aforesaid. Your COURT. plea goes to the whole relief, and so much of the dis. Four persons having taken a conveyance of property

claimed by a fifth, for the purpose of raising money covery as prays an account of the rents and profits.

to prosecute his claims, employed a solicitor, and Can this be taken as a division of the bill into two Thursday, Feb. 12.

deposited the money yc. with him ; three of the RIGBY V. RIGBY. parts? The documents, as you state them, are not

trustees, together with the cestui que trust, haring Practice- Pleading-Discovery of documents, &c.

divided into two parts, since they all relate to some
of the matters aforesaid.

employed another solicitor, applied to the Court to The plaintiff's bill contained an allegation of his title

order the delivery of the former solicitor's bill, and J. Parker.-I have a right to protect myself from to an estate (the subject- matter of the suit), and the production of documents relating to the discovery

to refer it for taxation, they undertaking to pay prayed an account of the rents and a discovery of covered by the plea, if I produce all those which re

what should be found due. The former solicitor was documents, &c. relating to the estate, One of the late to the other matters mentioned in the bill. We gave

forbidden by the fourth trustee to deliver his bill, defendants pleaded in bar to the relief, and to a dis- the plaintiff all such documents as do not relate ex

pay over the money, or deliver up the papers. The covery of documents relating to the rents, setting clusively to rents and profits.

Court ordered the delivery of the bill and taxation, forth in his answer a list of all the documents “ in The VICE-CHANCELLOR. - I do not understand

reserving all other questions and also cosis, and his possession or power relating to any of the matterswbat is meant by the expression "exclusively," for

permitting the solicitor to review his bill, though made in the said bill mentioned," except such documents as although it may be taken as signifying a deed which

out fully, if not actually delivered. related exclusively to rents. Upon the ground that did relate to the rents and profits exclusively, yet to have, a right to certain property, but not having

One William Mobbs haviog, or conceiving himself the documents in question might, in their recitals, there may be contained in that same instrument recicontain information to which the plaintiff was en.

the means of asserting his rights, arranged with four titled on other points, the plea was overruled gene- formation to which the plaintiff is entitled. The plea for the purpose of raising money to prosecute his tals or descriptions of parties, which might afford in.

persons to become trustees for him of the property rally. The plaintiff, John Rigby, in his bill, stated" that bill as the testator's nephew, John Rigby ; still the solicitor, and certain moneys which had been raised,

avers that the defendant is the party named in the claims. The trustees appointed Mr. Richardson their his uncle, John Rigby, after surrendering, certain plaintiff is entitled to a discovery of the rents and copybolds to the use of his will dated 22nd January, profits, and all that you allege is, that you have set as well as papers, were deposited in Mr. Richardson's 1812, directed the trustee therein named to stand fined forth in a schedule all that do not relate exclusively cestui que trust, having thought fit to change their

Three of the trustees, together with the and seised of all his aforesaid surrendered copyhold to the rents and profits. You then ask protection estates in trust for the use of his brothers, William from discovery of the documents which relate to the solicitor, demanded bis bill of costs from Mr. RichRigby and Thomas Rigby, from and after his decease, rents and profits. The circumstance of the defen- ardson, together with an account of the money transequally to be divided between them as tenants in dant's being entitled, affords no reason why he should actions, and a delivery of the papers, and

he having common and not as joint tenants during their natural not make a discovery of those deeds which relate to refused, Mobbs presented a petition

to that effect, lives, and to and for the use of the survivor of them the rents and profits.

The present petition did not, during the natural life of such survivor, and, from and

Plea overruled, without leave to stand for answer.

as before, ask for the money in his hands, but only after the decease of such survivor, in trust for the use

for the delivery of his bill, and an order for its taxaof his n:phew John Rigby and his heirs and assigns.

tion when delivered, &c. they undertaking to pay The testator died in 1812, and besides the said

Friday, Feb. 13.

what should be found due. William Rigby and Thomas Rigby, the testator bad Practice-Parties-Fraudulent Settlement— Represen- stated that Thomas Smith, the other trustee, would

BOSTOCK v. SHAW.

Shapter, for the petitioners, read the affidavits, and two other brothers, one who died in the lifetime of the testator, leaving a son, John Rigby, the defendant, To a bill filed for the purpose of impeaching a settle. not joine, and another, Henry Rigby, the father of John Rigby,

ment on the ground of fraud, an objection was raised

Kindersley, contrà, said that the respondent was the plaintiff. The bill stated the respective deaths of Henry Rigby, William Rigby, and Thomas Rigby,

for want of the representatives of the settlor. Held, willing to deliver his bill, and to comply with the that such representatives were unnecessary parties.

wishes of the petitioners; but he held a sum of money and that since the death of Thomas Rigby the

The bill stated that one Robert Bennett, for securing which had been borrowed to prosecute the suit of defendant: John Rigby, had continued in possession the repayment of a sum of 1501. to the plaintiffs, de Mobbs, and there were also papers in his hands, and defendants had in their possession documents, &c. At the same time gave them a written memorandum either the money or the papers, inasmuch as Smith relating to the matters aforesaid, and whereby if pro- of the transaction. The plaintiffs, at the request of was liable to other persons from whom the money was duced, the truth thereof would appear.” And prayed Robert Bennett, advanced the further sum of 201. and borrowed. [The Master of the ROLLS...That can that it might be declared that the said testator by his received another memorandum at the foot of the for

be discussed and settled hereafter, if only the delivery nephew John Rigby, in the said will named, meant the mer one ; that an indenture of settlement was al- and taxation of the bill be ordered now.]. The conplaintiff, and not the defendant John Rigby, and that leged to have been made, dated the 24th Sept. 1838, trust on the one hand, and the remaining trustee on the plaiutiff might be declared entitled to the said whereby the said Robert Bennett professed to assign copyhold estates, and prayed an account of the rents to Joshua Shaw, his executors, administrators, and

the other. and profits of the said copyhold estates since the assigns, the premises comprised in the said lease upon

Moore, for Thomas Smith, said, he considered him. decease of the said Thomas Rigby. To this bill the defendant John Rigby put in a plea nett, Mary Ann Bennett, his wife, and William Ben; which directs, " that when the defendant

shall

, by his ancertain trusts, for the benefit of the said Robert Ben

(a) This was under the 39th Order, 26th August, 1841, and answer, whereby be pleaded in bar to all the re.

nett and Mary Ann Bennett, his two children, and all lief prayed, and to so much of the discovery as asked and every other child and children of the said Robert the plaintiff shall be at liberty,

within fourteen days after

swer, suggest that the bill is defective for want of parties, for an account of the rents and profits, and as re- Bennett and Mary Ann Bennett the elder,

as therein answer filed, to set the cause down for argument upon that quired, the discovery or production of documents re- mentioned ; that, until the month of August, 1844, objection only, and the purport for which the same is so lating to the receipt or application of the rents and the plaintiffs had never heard or bad any suspicion Registrar's Book, in the form or to the effect following (that profits of the said copyhold estates or some part that the said Robert Bennett had made any such set- is to say), Set down, upon the defendunt's objection

for thereof since the death of the said Thomas Rigby; tlement; that the plaintiffs were purchasers for valu- want of parties, and that where the plaintiff shall not so and for plea saying that he the defendant was the able consideration of the said leasehold premises to set down his cause, but shall proceed therewith to a hearing, testator's nephew John Rigby in the said will named. the extent of 1701. and interest ; and that the said in- notwithstanding an objection for want of parties taken by To certain other parts of the bill the defendant John denture of 24th September, 1838, was a voluntary defendant's objection shall then be allowed, be entitled as Rigby answered as follows, that in a schedule to his settlement, and

fraudulent and void against the plain of course to an order for liberty to amend his bill by adding answer annexed he bad " set forth a full and true list tiffs as such purchasers, as aforesaid: that in June, parties ; but the Court, if it thinks

fit, shall be at liberty to of all the documents now in his possession or power,' 1845, the said Robert Bennett died.

dismiss the bill." VOL. 7. No. 138.

a

self only liable, but that the others, though they said accordingly given in his presence and with his appro- day, shero cause why his name should not be struck they were, really were not liable.

bation; but the question was, how to proceed after of the rolls. The MASTER of the Rolls said, he understood having got it. The plaintiffs' solicitor says it would This suit was instituted against the executor of a that the four trustees employed the solicitor, and it have been useless for him to proceed unless he was will and Mr. George Price Hill, his solicitor, for the had not been denied. He would therefore crder the the solicitor on the record, and so, after taking ad- purpose of having a sum of stock, which bad been bill to be delivered and taxed, and would reserve all vice, he got himself substituted for the purpose of improperly sold out, replaced. The allegations of the other questions, which, if he could, on the jurisdiction giving the consent and authorising the passing of the bill were substantially admitted by the answers. The he then exercised, he would consider. If the bill had decree. It would have been better if he had told the conduct of Mr. George Price Hill, as it appeared not been delivered, though fully made out the lady of the difficulty, and prevailed upon her to give upon the pleadings, formed the principal subject of solicitor might review it, and he allowed bim six a peremptory order to her solicitor or to some one discussion, and after the other parts of the case had weeks to deliver it.

else to appear for her; he did not do so, however, been disposed of,

but at the same time he did not act on his own au- The VICE-CHANCELLOR said, I have now so far Wednesday, Feb. 25. thority without advice which appeared satisfactory. disposed of the cause.

I must do more. An old BRADSTOCK v. WHATLEY.

Well, having got himself substituted as solicitor, and man, in a lowly class of society, a Worcestershire Consent to pass decree-Change of solicitorIrregu- having appeared and consented, he was functus officio. peasant, scarcely or not at all above the station of a larity- Order to restore solicitor.

Inquiries having been made by the defendant's soli- farm labourer, happens to be a trustee under a farmer's It being necessary to have the consent of a defendant, citor, who was desirous of communicating with Mrs. will, of a sum of stock amounting to 6501. Three per

who had not been properly serred, to the passing of Whatley, he finds himself displaced, and wants to Cent. Consols, for the benefit of the Goodwin family, a decree, so as to make it binding, application was know how he is to get out of the difficulty, and it who are infants-for the benefit, probably, of unbora made to the solicitor of one set of defendants, of occurs to bim that the only way is to obtain an order persons, The stock stands in the name of the testawhom this defendant was one, to act, but he refusing to discharge the order for a change of solicitors. tor, and is bequeathed to his sole acting executor and to do so, the solicitor of the plaintiff's haring got the Now that is not a proper order ; for if he had done trustee, for the benefit of the children, and that bedefendant's signature to a consent to pass the decree, what the other party did, there would have been no quest of the stock is for this purpose a specific beobtained an order making himself solicitor of the de- occasion for the change. First, then, no costs must quest, and has been assented to. I must, upon the fendunt in place of his own solicilor, and the decree fall upon this lady in consequence of the proper effort evidence, consider the trust as fixed, and the fund as was passed. The defendant haring moved to dis made by the plaintiffs' solicitor to supply the defect clear, except that the legacy-duty, amounting to ll. charge the order for changing the solicitor, it was of her non-appearance. On the other hand, as she per cent. which makes the amount something less ordered, not that the order should be discharged, but did consent to pass the decree, let it not be disturbed. than 81. bas not at this time been paid. In this state that the original solicitor should be the solicitor on The proper order is, that the defendant's original of things the old man, the trustee, seems to have re. the record, and the costs should fall on the plaintiff. solicitor shall be the solicitor on the record, and the ceived the ordinary application from the legacy-duty In this case Ann Whatley, one of a set of defen. costs to fall on the plaintiffs.

office, as I collect, on the subject of the duty, and to dants, made so at the hearing, being found in the

have consulted Mr. Hill, a solicitor, upon it. Mr. registrar's office not to have been duly served, it was

Saturday, March 21.

Hill advises him to sell the whole of the stock. necessary to have her appearance and consent to the

GOLDING v. CASTLE.

I desire now not to be understood as adopting passing of the decree, in order to make it binding General Orders- Master's finding-- Master's duty on the evidence of Mr. Gibbon, witness in upon her; and for that purpose application was made a reference to him-Inconvenience of his not draicing the cause.

I do not put it so unfavourably to her solicitor, who was the solicitor of her co-defen- a conclusion,

to Mr. Hill as that evidence does. He advises dants, to act for her ; but he refusing to do so, she The 48th General Order of August, 1841, requires the him to sell the whole of the stock, the will giving no was applied to by a solicitor on behalf of the plaintiffs Master not to insert states of facts, &c. in his reports, authority for this purpose. This advice was plainly to sign a paper in presence of her son, whereby she but to refer to them merely; and the Master ouyht to unjustifiable, and most manifestly unwarranted. Perconsented to the passing of the decree. The solicitor come to a conclusion on the matters submitted to him haps it might not have been wrong to sell, or to for the plaintiffs having obtained this consent, was as well that the parties may have the opportunity advise the sale of, a specific part of the stock to pay doubtful how he should proceed upon it, but, acting of excepting to his report, as that the Court may the duty, but for that object certainly not so much as on advice, he got the common order to change soli. have the benefit of his finding. And where, in a re. 151. could have been wanted. I am bound to attri. citors, substituting himself in the place of the de- port, the Master had set forth a full state of facts, bute to Mr. Hill a knowledge of the title to the stock fendant's solicitor. This it was thought necessary &.c. and had come to no conclusion upon then, the in question, of the circumstances of that title, and to do in order to avail himself of the defendant's Court referred the report back to him to review it. also a knowledge of the nature of the advice he gave. consent, for no one but the solicitor on the record for This was an administration suit, and, by the decree I cannot, upon the evidence before me, ascribe to the the time being acting for the defendant conld give made at the hearing, it was ordered that it should trustee a sufficient degree of knowledge or informainstructions to counsel, or take any step on her be- be referred to the Master to inquire who were the tion to enable him to judge whether the advice given half, and so the consent would be inoperative, if next of kin of the testator, and to ascertain whether him was right or wrong. The trustee follows the acted on by the solicitor for the plaintiffs as such. any and what debts were due to his estate from a advice. Mr. Hill causes a blank power of attorney The decree was accordingly passed, Mrs. Whatley particular defendant therein named; also to inquire to be prepared in favour of his London agent, Mr. assenting thereto by her new solicitor. The matter, who were interested in the residuary estate, and whe. Smith; it is sent down to Mr. Hill, who procured its however, coming to her knowledge, and that of ther any and what proceedings ought to be taken to execution by the trustee, and then sent it back to her own solicitor, they were both dissatisfied; and get itin or otherwise in respect thereof, with liberty to London, where the agent, Mr. Smith, under Mr. hence the present motion to discharge the common state special circumstances. The matter having come Hill's direction, acted upon it by selling out the order to change solicitors, which, if successful, would before the Master, and the executors having carried in stock and paying the clear proceeds, amounting to be equivalent to setting aside the decree. The mo- certain states of facts, and having produced several more than 5901, sterling into a London banking. tion was opposed, therefore, by the plaintiffs, and it affidavits relating to the debts in question, the house, to the credit of Mr. Hill's account with a was alleged at the bar, though there was no affidavit Master set them out in his report at full length, not country bank, by which transaction the clear produce to that effect, that the plaintiff's solicitor had pro- withstanding the 48th General Order of August, 1841, of the whole sale found its way into the name and posed to the defendant's solicitor to obtain the com- which directs that states of facts, &c. shall not be set into the power of Mr. Hill, and in fact came into his mon crder to restore him, and that this suggestion out, but only referred to. The Master also found hands. It is unnecessary to characterise such a was made before the notice of motion. On the other some debts due, but he left it for the consider- transaction. But the matter does not end here. Mr. haid, Mrs. Whatley, as well as her son, in whose ation and direction of the Court whether any proceed. Hill afterwards dealt with the money, and in doing presence and with whose approbation the consent ings ought to be taken by the executors to recover so it was materially at his peril, by lending it, or rewas given, denied that anything had ever been said and get in the residuary estate. The report was duly presenting himself to have lent it, on a security on to them about a change of solicitors, and if they had confirmed, and the cause now came on upon further which (even supposing, as I collect, the will had known it was intended, the consent would not have directions ; but the attention of the Court being drawn authorised a sale) it would have been unwarrantable been given.

to the report, the further hearing was directed to and improper in its nature to have lent it upon. He Turner (with him Borrell) contended that the order stand over.

misapplied grossly, and represents himself to bave to change solicitors had been improperly obtained, The Master of the Rolls observed that the misapplied grossly, in some other manner, the reand ought to be discharged. Mrs. Whatley was not Master had, in violation of the rule of Court, founded mainder of the money, and claimed all, or nearly told, nor was her son, that the change was intended on the General Orders, set out in full the states of facts, all, the remainder, as being due to him for charges of to be made, or she would not have agreed to it. affidavits, &c. which had been carried in before him, an unreasonable nature, at least in part, and with

Kindersley (with him Pitman) said his clients had and, besides, had come to no conclusion respecting which, as to part, the persons who were beneficially no objection to obtain the common order to restore the matters submitted to him. He had never seen a interested in the fund could have nothing to do. He the defendant's solicitor, and a suggestion of that greater departure from the rules of the Court in the prepared, and caused to be executed, a release to him, kind bad been made to the other side before motion, form of a Master's report. It was of the utmost im- self in respect of these transactions... What would but there was no affidavit of it. The order was, tó portance that the rules of the Court should be ad- have been the right mode of dealing with or viewing appear for Mrs. Whatley and consent to the passing hered to; and the interest of the parties in the cause, conduct such as this, had the trustee been a person of of the decree, and, her solicitor refusing to do so, her as well as of the suitors in general, required that they education, or a man capable of protecting himself, I consent was obtained by the plaintiffs; but as no should be go. The Master in this case had come to need not say. Upon the evidence before me, I believe solicitor can give authority to counsel except the no conclusion, and the parties were therefore deprived that the trustee here was a helpless and ignorant insolicitor on the record, it was therefore thought ne. of the opportunity of exceptiog to the report, and the strument-a mere instrument in the hands of Mr. cessary to go through the form of changing the soli- Court was deprived of the benefit of the Master's Hill, without any judgment, or with scarcely more citor. This, it is said, was wrong, and the defendant finding on the facts and evidence before him. He judgment or volition for any effectual, substansays she never consented to it; but if the only way was unwilling to increase the expense, but he could tial, or useful purpose, in this matter, than of making the consent she gave operative was by not adjudicate on a report in this state. He would the pen with which he was made to sign his changing the solicitor, it is clear she virtually assented therefore discharge the Order confirming the Master's name. It has been said of other persons, to that step: The plaintiffs' solicitor had no objec- report, and refer it back to the Master to review it, so and in other instances, and it may be said of Mr. tion to pay for the common order to change solicitors, far as related to the points on which he had come to Hill and of this case, that the regret that a profes. the cost of which is 7s. ; and also for another order no conclusion.

sional man should have so conducted himself is only to restore the defendant's solicitor; but it is sub.

equalled by the wonder that, as he has the means of mitted he ouglit not to pay more.

preventing this transaction from being brought under The MASTER of the Rolls.-It seems this lady VICE-CHANCELLOR KNIGHT

public observation, he should have allowed it to go was one of a set of defendants who were brought

BRUCE'S COURT.

forth to the world as he has. None of the parties before the Court at the hearing, and that she could not

interested have made any application against him be duly served. This being discovered in the regis.

Monday, March 9.

except by the institution of this suit. I see no reaElitnarha ometiplication was made to the solicitor of

GOODWIN r. GOSNELL.

son for supposing Mr. Hill to be unable to satisfy the the e delcuants to appear and consent for her to the

Misconduct of solicitor.

pecuniary demand which the plaintiffs have upon him, pak-inj-of the decree; but he refused to do so, and I'here, upon the pleadings in a suit, the conduct of a if it had not been necessary that the case should come tittcre i po sd, would not therefore be binding solicitor, who was a defendant, appeared to have been before the Court. As it is, however, unfortunately on hiscent, Application was then made through a grossly improper, the Court, after disposing of the the case has come before the Court, and it is now son of the hicfcedant for her consent, and it was case, ordered that the solicitor should, by a certain judicially before me, and my understanding of the

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duty I owe to this profession and society prohibits Romilly and Daniel, for the plaintiffs,

of the sale, the shareholders generally had managed me from treating it as not containing any thing beyond Wood and Stinton, for the defendants.

their own concerns; as, in the case of ordinary partner. a mere matter of civil litigation. If a solicitor by The arguments are fully entered into in the ships, it would not be unreasonable to presume that his employment professionally on behalf of an ignorant

JUDGMENT.

they were acquainted with the contents of their own man, and by means of the confidence reposed in him by The Vice-CHANCELLOR.-I do not find in the bill books; in the present case it was not unreasonable to his client-by means of information given him by the any suggestion that the committee of management impute to the shareholders at large a knowledge client-is enabled to acquire, and using those means exceeded its authority in buying the shares on behalf which the committee had acquired. I think the body for the purpose of acquiring, does acquire by them, of the company, or that the price given for them ex- of shareholders are clearly bound by acquiescence in from the client, the property of others for whom the ceeded the market value of the shares at the time. A the present case. The shareholders would, from a client is trustee, and to whom he is answerable for supplemental bill was filed, introducing charges of circular sent at the annual meeting, be aware whether it-if the solicitor thus acquires, and I do not merely fraud and of false and fraudulent representations, al. Adie continued a shareholder or not, but this alone say unduly, I do not merely say unjustly, and leged to have been made by the committee of manage- would not have notified to whom the shares had been for an improper purpose, but in manner ment, of which Adie was a member, as to the state of sold; it was not notified that they had been sold to which the solicitor must have known to be im- the company's affairs. It was alleged that Adie was a the company; however, after March 1836, it was ad. proper and unfair, for purposes which he must have party to these fraudulent representations. Assuming mitted that the fact of Adie's having ceased to be a known to be manifestly unjustifiable-if, having done the authority of the committee extended to the pur. shareholder became a subject of discussion amongst so, the solicitor actually does misapply the property cbase of shares on behalf of the company, and that no the shareholders, but it was not known then to whom so unduly acquired, and if the purpose for which, and excess of price was charged for those shares, I should he had sold them. It was clear that, immediately the manner in which, he so misapplies it, is to any assume that the position of Adie, as a member of the after the meeting of June 1837, it became known to extent substantially for his own private advantage, committee of management, was not such as to bring the shareholders, or some of them, including the benefit, or profit, and if the client so relying upon the him within the scope of the equitable rule relied on in plaintiff Walford, that Adie's shares had been sold to solicitor is a person by education and station so inca- the argument, which, if it applied in this case, would the company. Having got this notice, they did not pable of forming a correct estimate of the propriety place Adie under an incapacity to sell to the company. call upon the committee to convene a special meeting or impropriety of the act of the other as to be sub Would the sale of shares, in that view of the case, be to take active steps until August 1838, when a comstantially a mere instrument or machine in his hands, impeachable on the ground of fraud, or otherwise ? mittee was appointed to inquire into the transaction.

I do not find a word of used by him as I have said, I am not prepared to say The answer to this question, although not strictly The bill was filed in 1841. that such a professional man ought to remain a soli- called for by the pleadings, might be material. explanation for the delay; the question, therefore, citor of any court. Assuming the act of acquiring As explaining the view which I take of the other was, whether the Court was to pronounce a decree which property under such circumstances not to amount to branches of the case, my opinion is, that the sale, in was to have the effect of making Adie a partner from an indictable offence, I do not see any other reason that view of the case, could not be impeached; that July 1837 in a trading concern of a fluctuating character, than that against the substantial applicability to him the concerns of the company at the time of the sale and involving him in all the subsequent transactions of a term or terms more ordinarily and familiarly in were in a depressed state, might, perhaps, not admit of the company. All the facts of this case proved the use in jurisdictions of a kind differing from this, and of dispute ; but that it was the duty of any share- soundness of that general rule, which imposed upon which I need not more specifically express. As I am holder, upon that account only, to retain his shares, parties engaged in a Auctuating trading concern of to my great regret unable to say that the materials no one, I think, can with any success contend. If that this chracter, the necessity of promptitude and activity before me do not afford a probable ground for appre were so, the position of Adie, as a member of the in stating what were their intentions; it had been hending the supposed case, which I have been men- committee of management, could not place him in a said that Adie was privy to a fraud in misrepresent.

Adie denied tioning, to be a substantially correct description of different position, unless it could be shown he took ing the state of the account in 1835. Mr. Hill's conduct in respect of the 6501. stock, and undue advantage of his situation as a committeeman, actual knowledge of those accounts. I cannot, withits produce, and, therefore, for questioning the pro. to sell his shares at an undue value to a party who out inquiry, trust to the evidence on that point, but I priety of the continuance of Mr. Hill as an officer of had not the same means of knowledge as himself: think this observation is applicable to it, that if Adie the court, I should in my judgment, considering the this was not the case in the present transaction; the were guilty of fraud, it was one by which he was nature of the case, be deserting one of the most im- committee of management thought it was for the in making himself liable, nor can I 'in the slightest portant duties belonging to the judicial office, were I terest of the company that they should become the degree connect the alleged misrepresentation with the not to order, as I now do, that Mr. Hill do shew purchasers of the shares; the committee had the same sale which is the subject of complaint. I must, therecause, on some future day to be now fixed, why, means of information as Adie himself; the solicitor fore, dismiss the original and supplemental bill with having regard to his answer and to the evidence in of the company was one of the body, and generally costs, and the cross bill, filed for the purpose of disthis cause, his name should not be struck of the roll acted as chairman of the committee who had pur-covery, without costs. of solicitors of the Court of Chancery.

chased other shares, about the same period, for a The second day of Easter Term was then fixed for similar price. If the purchase were really onerous to

Saturday, March 14. Mr. Hill to shew cause. the company, the members of the committee, other

HUNTER v. NOCKHOLES. Russell, Goodeve, Renshaw, Wigram, and Rogers than Adie, were acting in direct opposition to their

Practice--Injunction-Defendant. were the coursel for the several parties.

individual interests, inasmuch as it appeared that A defendant cannot move for an injunction against & Saturday, March 14.-The Vice-CHANCELLOR more than one-fourth of the shares of the whole con.

plaintiff. said that a somewhat similar order to that which he cern was held by the managing committee other than A person who has no personal interest in the subject. bad made in this case, had been made in 1794, in Adie; every thing had been done openly; the whole matter cannot more for an injunction, eren though he Dungey v. Angom. The order in the registrar's book transaction had been entered in the books of the com- may be a party defendant in a suit. (5th August, 1794; A. 1793, fol. 542), appeared to pany; then could Adie's position, as a member of the The plaintiff, as equitable mortgagee, had obtained be as follows:-" And it is further ordered that the committee, render the sale void ? The agreement was, an order to remove the defendant from the office of said Anthony Steventon be struck off the roll of so- that his contract could not bind the company, unless receiver over the estates of Sir Francis Vincent, who licitors of this court unless he shall, on the first day it was made with the committee; and that as he was is living in Italy. The defendant was the agent of of next Michaelmas Term, shew unto this Court good the seller, he was incapacitated from acting as a Sir Francis, and in that character had been made a cause to the contrary."

member of the committee, and therefore the com- party to the suit for the purpose of having an account mittee for the time being could not contract. Consider of the rents received by him. When the defendant

ing the objection involved as one of the greatest im- was removed it was referred to the Master to have VICE-CHANCELLOR WIGRAM'S

portance, I shall consider the objection to be well found- another receiver appointed; but before the receiver COURT.

ed, and consider whether, upon that assumption, the was appointed, the plaintiff bad gone down to the

present bill could be sustained, always remembering estates and caused å fall of timber and underwood Monday, March 2.

that the price at which the shares were sold had not to be made; whereupon the defendant moved ex WALFORD 0. Apie.

been made the subject of the bill; the retirement of parte for an injunction to restrain the plaintiff from ADIE O. WALFORD.

the defendant, and his consequent escape from removing the timber he had cut down, and from furJoint Stock Company-Liability-Member of Com- liability, were grievances complained of by the original ther proceeding to cut down timber or underwood on

mittee-Sale of shares-Embarrassment-Fraud. suit. Upon this point, however, I felt less difficulty the estate in the cause. The motion was supported A member of the committee of a Joint Stock Com- during the argument than perhaps any other part of by an affidavit of the facts.

pany may sell his shares to the company without fraud the case. The defendant was a shareholder in a Schomberg appeared in support of the motion, and upon the other shareholders, where the proceeding is mining partnership; in July 1835, he retired from the cited Blanchard v. Cawthorne (6 Sim. 155). done according to the rules of the company, and thus partnership by selling his shares to the company; he The Vice-CHANCELLOR.-I never heard such an relieve himself from further liability, although he had, ever since, lost all the privileges of a partner. application being made by a defendant. The proper knew al the time the company were embarrassed, and The sale of Adie's shares was (as I assume for the course would have been to file a bill and pray an inobtained that information from the situation he held purpose of argument) voidable at the option of the junction. No doubt after an order for a receiver, the in the company:

company; but if the company in such a case had act of cutting the timber is highly improper ; but the This was an original bill and cross bill for a dis- thought fit to avoid the sale, they were bound to have affidavit is defective by not stating the time Nockcovery, which came on for hearing together. The done so with promptness. The company having notice boles first heard of the intention to cut timber. Had first bill was filed by Walford on behalf of himself and of the sale could not be permitted to carry on the this application been made by Sir Francis Vincent, the other members of the Birmingham Coal Com- concerns in the absence of Adie, reserving to them. his duly appointed agent, or any one having an inpany, against the defendants Adie and Robinson, and selves the power to affirm the transaction if the con- terest in the property injured, the Court would have prayed to have the transfer of twenty-two shares in cern should turn out prosperous, or to rescind it if it granted it; but the mode in which it is now made is the company made by Adie declared fraudulent and should appear to be for the interest of the company altogether irregular, for it is admitted Nockboles, void, and that the same might be cancelled, and that that it should do so. In a concern of such a nature, who makes it, has no personal interest in the subAdie might be decreed to pay the calls which had been it was the right of Adie to know, at the earliest mo-ject-matter of the suit; he is the mere agent subsequently made upon them, and contribute rate- ment, whether the company elected to treat the sale of Sir Francis Vincent discharged by the Court, and ably with the other shareholders to the payment of void or not, especially where, as in this case, Adie does not now appear in the character of agent for Sir the debts of the company.

might, without the consent of the company, have got Francis Vincent, but as an accounting party deThe company in question was formed in the year rid of his shares to other persons. In fact, no step fendant in the suit. A party so circumstanced has 1793, and the defendant Adie held twenty-two sbares had been taken from the time of the sale in 1835 until no right to apply for an injunction. I therefore rein it, and was a member of the committee of ma- 1841, when the bill was filed. During this interval fuse the application. nagement. The company became very embarrassed, the company had obtained, and had since acted upon, Schomberg immediately proceeded before the Lord and during that time, and while Adie was a member the provisions of the Act of Parliament obtained in Chancellor, and made a similar application which was of the committee, he sold the shares to the company 1836, enlarging their capital, creating new sbares, refused on the same ground, but the Lord Chancellor in July 1835, and made a transfer of the shares into and extending their mining operations, and Adie had said the plaintiff had laid bimself subject to an appli. the name of the secretary, Robinson, in trust for the been permitted to consider himself throughout as un- cation for violating an order of the Court. company, which was duly registered. The bill charged connected with and as having no interest in the con. that Adie knew the company was embarrassed when cerns of the company. The question then was, from he sold the shares, and that he did so to avoid liabi- what time it was to be considered that the company had lity as a shareholder ; for after the sale and transfer acquiesced in the sale; or, in other words, at what time Adię ceased to act on the committee,

lit was to consider the company as having had notice

Common Law Courts.

in difference between the said parties to the said arbitrator thereon, should be made a rule of the said

action, and between the defendants and the said Court. And the plaintiffs aver that at the time of COURT OF QUEEN'S BENCA,

William Cole, who consented to be made a party making the said order of reference, and from thence thereto, and to order and determine what he, the said until after the making the said award, there were not

Robert Allen, should think fit to be done by either any matters in difference between the said plaintif, Tuesday, Jan. 27.

party respecting the matters in dispute, who thereby Sarah Hawkins, and the defendants, in the said suit, HAWKINS and ANOTHER v. BENTON.

agreed to be bound and concluded by such determi- or either of them, or between the said William Cole Award-Declaration on.

nation, and to remain contented and satisfied there. and the said defendants in the said suit, or either of A declaration stated that divers disputes had arisen with, so as the said Robert Allen, the arbitrator afore- them ; nor were there any other matters, differences,

and being depending between one of two plaintiffs, said, should make and publish his award in writing of or questions brought before the said arbitrator, or S. H. and the defendant, of and concerning certain and concerning the matters so referred ready to be was the award of the said arbitrator made or given in premises and buildings, and also between the other delivered to the said parties on or before the last day respect of any causes or matters in difference what of the plaintiffs, w. C. and the defendant, of and of Michaelmas Term then next ensuing, or in case of soever other than the controversies and disputes in concerning the said premises and buildings. S. H. the death of the said parties, or either of them, to the introductory part of this count mentioned. And commences an action against the defendant and his their or either of their personal representatives re. the plaintiffs further say, that the costs of the said bailiff for breaking and entering the said premises, quiring the same. And it was by the said order and action, reference, and award, afterwards, to wit, on and that while the said action and the said with such consent as aforesaid, further provided, that the twenty-third day of August, in the year of our disputes were 50 depending, it was agreed to the said parties should in all things keep such award Lord one thousand eight hundred and forty, four, were refer the cause and the matters in difference so to be made as aforesaid, and that the costs of the duly taxed at a large sum of money, to wit, the sun between the two plaintiffs and the defendant in the said cause should abide the event of the said cause, of one hundred and seventy-five pounds, five shillings, introductory part of the count mentioned to R. A. and that all other costs should be in the discretion of of all which said premises the defendant afterwards, esq. a barrister, with power to him to direct for what the said arbitrator, who should direct and award to, to wit, on the first day of March, in the year one sum the verdict should be entered, and to settle all and by whom, and in what manner, the same should thousand eight hundred and forty-five, bad notice, matters in difference. It then sets out the award of be paid; and it was by the said order, and by such Yet the defendant did not, nor would, on the said the arbitrator, who found that the plaintiff had a consent' as aforesaid, further directed that the said first day of March, or at any time before or since, al. good cause of action against the defendant, and was arbitrator should have power, with or without the though often requested so to do, pay to the plaintiffs entitled to a verdict therein, and assessed the damages consent of the said parties, to enlarge the time for the said sum of forty shillings in the said award at the sum of forty shillings, to be paid by the said making his said award from time to time, as occasion mentioned, and the said sum of one hundred and defendant to the said plaintiff, s. H. and W. C. who might require, and possess the same powers as a seventy-five pounds five shillings, the amount of the consented to become a party in the cause,

,and judge at Nisi Prius, and should also be at liberty, if said costs, or any part thereof, but hath hitherto directed the costs to be paid by the defendant. It he should so think it, to examine the said parties to wholly neglected and refused, and still neglects and then, after setting out the necessary arerments, con. the said suit, and their respective witnesses, upon refuses so to do, whereby an action hath accrued to cluded in debt for the amount of the damages and oath ; and also, that neither the then plaintiff, nor the plaintiffs to demand and have of and from the detaxed costs. The defendant demurred on the ground the defendants, or the said William Cole, should bring fendant the said sum of forty shillings, and one hun. that the declaration did not shew that W. C. was a or prosecute any action or suit of law or in equity dred and seventy-seven pounds five shillings, parcel party to the action which had been referred, or that against the said arbitrator, or bring any writ of error, of the said sum above demanded by the plaintiffs. there was any matter in difference between S. H. and or prefer any bill in equity against each other, of and And whereas the defendant, on the first day of March, W. C. jointly and the defendant, and yet the arbitra- concerning

the matters so referred ; and that if either in the year of our Lord one thousand eight hundred tor ordered the damages to be paid to $. H. and w. party should, by affected delay or otherwise, wilfully and forty-five, was indebted to the plaintiffs in one C. jointly :--Held, that as an equitable claim might prevent the 'said arbitrator from making his said hundred and seventy-seven pounds five shillings, for exist by which w. C. was virtually co-plaintiff with award, he should pay such costs to the other as the money found to be due from the defendant to the S. H. there must be judgment for the plaintiff. said Court of Queen's Bench should think reasonable plaintiffs on an account then stated between them,

Sarah Hawkins and William Cole, the and just; and by the said order, and with the like which said sum of one hundred and seventy-seven to wit. their attorney, complain of Robert Benton, the de- should be made a rule of her Majesty's said Court of ant to the plaintiffs on request, yet the defendant, fendant in this suit, who has been summoned to Queen's Bench, if the said Court should so please ; although often requested so to do, hath not paid the answer the said plaintiffs by virtue of a writ issued on and thereupon heretofore, to wit, on the twentieth said sum of one hundred and seventy-seven pounds the sixth day of March, in the year of our Lord one day of November, in the year of our Lord one thou- five shillings, residue of the said sum above de. thousand eight hundred and forty-five, out of the sand eight hundred and forty-three, the said Robert manded, or any part thereof to the plaintiffs, but bath court of our lady the Queen, before the Queen ber- Allen, in pursuance of the power reserved to him by hitherto wholly refused, and doth still refuse so to do; self at Westminster, and the plaintiffs demand of the the said order of reference, did, by a certain me- whereby, and by reason of the non-payment of the defendant the sum of three hundred and fifty-four morandum in writing on the said order, enlarge the moneys in this declaration mentioned, an action hath pounds, ten shillings,

which the defendant owes to time for making biso said award until the sixth day accrued to the plaintiff, to demand and have of and and unjustly detains from them. For that whereas of December then next ensuing, and did afterwards from the defendant the said sum of money above dedivers disputes, controversies and differences having by a certain other memorandum in writing on the manded ; yet the defendant hath not paid the said sum arisen and being depending between the now plaintiff, said order of reference, to wit, on the sixth day of of money above demanded, or any part thereof, to the Sarah Hawkins, and the now defendant, Robert December, in the year last aforesaid, further plaintiff's damage of ten pounds, and thereupon they Benton, of and concerning certain premises and enlarge the said time until the tenth day of bring suit. buildings. And whereas, also, divers disputes, con- January, in the year of our Lord one thousand eight

Demurrer and joinder. troversies, and differences having arisen and being hundred and forty-four, and did afterwards, to wit,

The defendant stated the following point :-That it depending between the said plaintiff, William Cole, on the said last-mentioned day, by a certain other does not appear by the declaration that the said Wiland the defendant, of and concerning the said pre- memorandum in writing on the said order of re- liam Cole was any party to the action which was remises and buildings, the plaintiff, Sarah Hawkins, ference, further enlarge the said time until the first ferred to, or that any matters in difference between heretofore, to wit, on the eighth day of June, one day of March, one thousand eight hundred and forty- the said plaintiffs, Sarah Hawkins and William Cole, thousand eight hundred and forty-one, commenced an four. And whereas, before the making of the award jointly, and the defendants were referred to the arbiaction at law in her Majesty's Court of Queen's Bench hereinafter mentioned, to wit, on the first day of Notrator ; yet the award directs the sum of forty shil. at Westminster against the now defendantand one John vember, one thousand eight hundred and forty-three, lings to be paid as damages by the defendants to the Smith, acting as the bailiff and servant of the said the said John

Smith died, and the plaintiffs, Sarah said Sarah Hawkins and William Cole, jointly, Robert Benton in that behalf, for breaking and enter- Hawkins and Wm. Cole, in fact, say, that afterwards

Gray, in support of the demurrer.—The arbitrator ing the said premises, and taking away certain goods and before the expiration of the time limited by the has treated Cole as a plaintiff, which he was not. He and chattels therein, which said action or suit, at the said last-mentioned memorandum in writing made by has found 40s. damages, which will carry costs. Non time of making the order hereinafter mentioned, was the said arbitrator, on the said order of reference, to constat, that if he had severed the damages, he would depending and undetermined. And whereas, while wit

, on the twenty-second day of February, in the have awarded a sum that would have carried costs, the said action was so depending as aforesaid, and year of our Lord one thousand eight hundred and The action was one of trespass, and perhaps the real While the said several controversies and disputes in forty-four, the said

Robert Allen, in pursuance of the plaintiff would not be entitled to costs. the introductory part of this count mentioned were so said order of reference and the said several memoran- By the Court.-The arbitrator might have thought depending as aforesaid, it was agreed by and between dums on the said order, did

make and publish his that an equitable claim existed, by which Cole was the said several parties to the said suit, and by and award, arbitrament, and final end and determination virtually a plaintiff with Hawkins. between the said several parties and the said William in writing, of and concerning the said premises, ready

Best, for the plaintiffs, was not called on. Cole, that it would be for the benefit of all the parties to be delivered to the said parties in difference, or

Judgment for the plaintiffs. aforesaid, and also for the benefit of the said William such of them as should require the same, and bearing Cole, that the said cause, and all the several matters date heretofore to wit, the day and year last aforein difference in the introductory part of this count said, and did thereby award, adjudge, and determine

COURT OF EXCHEQUER. mentioned, as well as all other matters then in dif- that all further proceedings in the said cause should ference, if there should then be any such, between the from thenceforth cease and be no further prosecuted ;

Saturday, Jan. 31. parties to the said suit, and all other matters in dif- and that the said plaintiff had good cause of action (Before Rolfe, B. sitting in the Exchequer ference, if there should be any such, between the said against the said defendant in the said cause, and was

Chambers.) defendants and the said William Cole, be referred to entitled to a verdict therein, and did thereby assess

DUFFIELD v. MORRETT. arbitration. And thereupon, heretofore to wit, on and award the damages at the sum of forty shillings,

Commission to examine witnesses abroad, effect of. the first day of October, in the year of our Lord one to be paid by the said defendants to the said plaintiffs, An order of a judge directing that a commission thousand eight hundred and forty-three, by an order of Sarah Hawkins and William Cole, who consented to issue for the examination of witnesses abroad on be. the honourable Mr. Justice Coleridge, then being one of become a party in the cause. And the said arbitrator half of the plaintiff, if served on the defendant's at. the justices of the said Court of Queen's Bench, made did thereby further direct and award that the costs of torney, is a revocation of a notice of trial which the in the said action, dated the day and year last afore. the said reference and award be paid by the said de. plaintiff's attorney may have given, and if the plain. said, it was amongst other things ordered, with the fendants, as by the said award reference being thereconsent of the attorneys on both sides of the unto had will more fully and at large appear, of

tiff chose not to arail himself of the order, he cannot

proceed to trial without giving fresh notice in the resaid cause, and also with the consent of the attorney which said award the now defendant, the said Robert gular way. of the said William Cole, that a verdict in the said Benton, afterwards, to wit, on the first day of March, In this case notice of trial had been given on the cause be entered for the plaintiff

, Sarah Hawkins, for in the year of our Lord one thousand eight hundred 5th of December for the first sittings in Hilary Term. the sum of 50l. subject to the award of Robert Allen, and forty-four, had notice. And the plaintiffs further On the 7th of January a judge's order for a commis. esq. barrister-at-law, who should be at liberty to say that afterwards, to wit, on the seventeenth day of sion to examine witnesses at Gibraltar on the order and direct for whom and what sum the verdict October, in the year of our Lord one thousand eight part of the plaintiff was served on the defendant's should be finally entered ; and it was, by the said hundred and forty-four, .it was duly ordered by the attorney. On the morning of Tuesday, the 14th of order and with such consent as aforesaid, referred to said Court of Queen's Bench, that the said order January, being the first day of the first sittings, the the award, order, arbitrament, final end and determi- of the Honourable Mr. Justice Coleridge, together defendant's attorney received from the plaintiffs atnation of the said Robert Allen to settle all matters with the three said several memorandums of the said torney the following letter :-“ Duffield, Executors,

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