ACCESSION TO DEED.

What constitutes accession to a deed of inspection-Subsequent insolvency of firm-Liabilities and duties of inspector-Pleading.-Messrs. F. and Co. were creditors upon bills of exchange of a firm of L., M. and Co., in Calcutta, consisting of seven partners. Messrs. L., M. and Co. entered into a deed of inspection for the benefit of such of their creditors as should execute or otherwise accede to the terms of the deed. It was agreed that if an adjudication of insolvency should be issued against the partners of the firm, or any of them, the deed should be thenceforth absolutely void. The inspector covenanted, as often as the surplus should be sufficient, to make and pay a dividend, and pay the surplus into the Bank of Bengal. Messrs. F. and Co. caused the bills to be sent to Messrs. L., M. and Co., and they were registered as claims against the estate of the latter. Afterwards a petition in insolvency was filed by four individuals of the firm of Messrs. L., M. and Co., an adjudication issued, and the inspector, after paying a dividend of ten per cent. on certain claims, exclusive of those of Messrs. F. and Co., paid over the surplus to the official assignee in insolvency. A bill was filed by the creditors, Messrs. F. and Co., seeking to charge the inspector personally with the amount so paid over by him to the official assignee. On production of the bills in court, it appeared by certain indorsements upon them, under the stamp of the official assignee, that payments had been made and received in respect of them; but the indorsements were not set out in the pleadings: Held, on the evidence, that the registration of the bills was a sufficient accession, within the terms of the deed, to give the plaintiffs the rights which would accrue to those creditors who had executed it. Held also, that the plaintiffs had no right to come upon the fund paid over by the inspector, as a trust-fund, but that the inspector had discharged himself by payment to the official assignee. Held, further, that, as the plaintiffs had resorted to the very fund in the hands of the official assignee, which they said to him had been improperly paid, they could not now complain of proceedings of which they had taken the benefit: Held, also, that the plaintiff's should have stated in their bill the indorsements upon the bills of exchange. Bill dismissed with costs. Forbes v. Limond, 6.

ACCOMMODATION BILLS. Accepting accommodation bills.-Where it appears that one of the parties to an accommodation bill is of ability to pay, and when the bill arrives at maturity makes the offer: Held, that it is a sufficient answer to a charge against the other party of contracting a debt without reasonable or probable expectations of payment. Re John Warner, 65.

DISCHARGE.

Discharge from custody before hearing by detaining creditor.-An insolvent, not in actual custody within the walls of a prison up to the day of hearing without any intermission, except on bail, cannot be discharged by the court, Re Jeffries, 65. Discharge of insolvent by detaining creditor before adjudication-Proof of debt.-Held, that the discharge of a debtor in execution for debt, after vesting order made on creditor's petition, operates as a satisfaction of the debt, so as to disable a plaintiff or his representative from proving for a dividend. Re Richard Candlin, 253.

FRIENDLY ARREST. Friendly arrest-Assignment of property for benefit of creditors.-Where a trader assigns his property for the benefit of creditors, but one creditor holds out with a view of suing the debtor when he gets into business again, and the debtor has himself arrested in order to pass through the Insolvent Court and get rid of this liability: the court will dismiss the petition if the creditor insist on it, on the ground that the debtor came into court wholly for his own purpose. Re Magrath, 114.

OPPOSITION.

Vexatious defence of an action.-Held, that having vexatiously defended an action is no ground for refusing the enlargement of an insolvent upon bail till his hearing. Re Frederick Weston, 211. Vexatious defence to an action-The discretionary clause. An insolvent will not be remanded for vexatious defence to an action brought against him in the Superior Courts, that might have been brought

in a County Court. Where an insolvent removes his furniture to avoid a distress for rent, although it be afterwards accounted for, he will be remanded under the discretionary clause. Re Ryan, 114. Vexatious defence.-Held, that a vexatious defence of an action is not per se a ground of opposition under these statutes either on the first examination or on the day for granting a final order, and also that this court will not hold the costs occasioned by such vexatious defence to be a debt contracted unfairly, or fraudulently, or without reasonable expectations of payment on the day for granting a final order. Vexatious defence to an action.-Where an insolvent Re William Liddelow, 19.

takes defence to an action to recover the amount of her acceptance by advice of her attorney, and puts the plaintiff to the costs of a trial at which she does not appear, still she will not be remanded for a vexatious defence to the action. Re Maria French Hungerford, 255.

Final order-Vexatious defence of an action.-Held, that the vexatious defence of an action is a ground of opposition upon the day for granting a final order. Re William James Johns, 39.

Vexatious defence.-Where there has been a contest before a jury and a motion afterwards to the court upon a legal point, the court is usually slow to pronounce the defence to be vexatious; but where such proceeding has caused to the plaintiff great expense and the plea was founded in falsehood, the court will hold the defence to be vexatious. Re Stephen Couchman, 138.

Vexatiously bringing unfounded actions-Costs of, to plaintiff, a debt from defendant within the meaning of the statute.-Held, that the debt of a plaintiff to a defendant for costs is within the 78th section, as a debt contracted by means of false pretences, if it appears to the court that the claim made by him was unfounded. The court will not make an order upon the detaining creditor, at whose suit an insolvent is remanded, to pay the "sixpences" under the 86th section to the prisoner during the period of his remand, upon the day of pronouncing the adjudication. Re Richard Dunn, 38.

In

Being indebted &c. in damages for seduction-Fraudu- | lent preference Collusion Making away. opposition against an insolvent who is indebted in damages for seduction, if the opposing creditor go into any of the original facts of the case, the court will permit the insolvent to go into the merits of his case by way of defence. The amount of the verdict is the rule by which the length of remand is to be measured. Where there is a debt due, for which a bond is passed after an action is commenced, and under which all the insolvent's property is sold, and a verdict against him defeated, although the case is full of suspicion, the court will not, in absence of direct evidence of collusion, hold that there was a fraudulent preference or a making away. Re Leggitt, 211.

Vexatious defence of an action.-Held, that if the full amount sued for in an action for debt be not recovered, that will be evidence to show that the plea was justifiable; but it will not, per se, be an answer to the charge of vexatiously defending an action. Ke Charles Hatcher, 40.

Trustee of a debt.-A creditor, making a loan and executing a deed, whereby her solicitor is constituted trustee for securing the debt and its repayment, is personally precluded from opposing the insolvent debtor's discharge: Held, that the right of opposition is in the trustee of the debt. Re Thomas Baynell Baker, clerk, 19.

Opposition by trustees of mutual assurance society.Held, that the trustees of a British mutual subscription and assurance class, not being members, may oppose a member of the class for having contracted a debt with the class by false pretences. Re Perry, 65.

Distinction between breach of trust and nonpayment of money-1 & 2 Vict. c. 78.-The trustee of an assignment by a debtor for the benefit of creditors, who receives assets thereunder, and invests them in his own business, instead of dividing the funds among the creditors pursuant to the trusts of the deed, does not, when such a retention of the funds is permitted by the creditors for a long period of time, thereby commit a breach of trust, under the 1 & 2 Vict. c. 78, which makes the constructing of a debt fraudulently, or by means of a breach of trust," punishable with two years' imprisonment. Such a transaction by a trustee, who becomes insolvent, and petitions this court for relief: Held, to be not a statutable breach of trust, under this section of the Act; but a nonpayment of money only, coming within the cases of defaulters, against whom, to

64

sustain the opposition for a remand under the statute on this ground, something must be proved more than a deficiency of accounts; something to evince a guilty mind in the person whose deficiency of account is charged as an offence. Re Alexander Halcomb, 40.

Opposition by assignee of debt—Amendment of schedule -Practice as to naming a day. Held, that the assignee of a debt may oppose in the name of the assignor. Quære, can an outlaw's petition be sustained under these statutes? Where an adjournment is necessary to amend the schedule, the court Where the whole body of the creditors are benefited will not, at the same time, name a day for the final order. Re Harry Robert Sorrell, 19. by an individual opposition, although the court has no power eo nomine to give costs, they will be allowed, under the head of expenses of getting in the estate, at the audit. Re William Booth, 253. Contracting debts without reasonable expectations of payment-Debts for goods in trade.-When an insolvent is opposed for contracting a debt without reasonable expectations of payment, and it appears that the debt was for goods in the way of his trade, the court holds that, although he may be in embarrassed circumstances at the time, he has a reasonable expectation of payment from the sale of the goods; but, Held, that this presumption only applies when it appears that an insolvent has been carrying on a fair trading; and if it turns out that he has disposed of the goods in an improper manner, this presumption will not apply. Re Richardson, 65. Debts fraudulently contracted-Refusing to sign a declaration of insolvency. Where a trader purchases goods for cash to be paid within eight days, and such is the usage of the trade, yet where the vendors depart from that usage, and in their general dealings allow the credit to run for a month or more, such debt will not be held to be fraudulently contracted. Refusing to sign a declaration of insolvency, in order to shut out an execution at the suit of the trustees of the marriage settlement of a trader's wife, is not a ground of remand, where no act is done hostile to the rights of creditors. Re Stephen Mack and John Mack, 89.

1

Insolvent going security for another when unable to pay his own debts-False representations.-When an insolvent becomes security for another when he is insolvent himself, and unable to meet his liabilities, he will not get a free discharge from the debt so contracted. An insolvent will not be remanded for making false representations to a creditor who has the means within his own power of immediately testing the truth of them. Re Kelly, 89. Opposition-Creditor releasing debt.-Held, that a

creditor whose debt is inserted as admitted in the schedule, is not precluded from opposing, notwithstanding that he has executed an instrument containing a release, whereby a third party is appointed trustee of the effects of the insolvent for the benefit of the creditors. Re Rev. James Brothers, 40. Parting with property with a view to petitioning the court.-Held a fatal objection. Re Richard Thorne,

64.

Creditor seeking a preference for himself-Suppression of property.-Where a creditor seeks a preference for himself after an insolvent files his petition and schedule, he will not be allowed to oppose. Where evidence is given that an insolvent stated he had suppressed property, his petition will be dismissed, although there is no evidence given that he had the property. Re Dunne, 88.

Warrant of attorney.-An insolvent having, by warrant of attorney, parted with his interest in his furniture, stock-in-trade, &c., and continued contracting fresh debts to a large amount: Held, that the debts contracted under the circumstances were contracted fraudulently and without reasonable and probable expectation of payment. Re Charles Mace, 208.

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Bail after original hearing-Right of detaining creditor oppose such application upon his omission to give notice and appear upon the original hearing-Right of attorney's clerk to appear upon bail.-Upon an application to be admitted to bail after an original hearing, where no notice of opposition had been entered: Held, that notwithstanding, as the detaining creditor had received notice as in ordinary cases of applications to be admittted to bail before the original hearing, he might oppose. Quære, could this opposition extend beyond the fitness and responsibility of the bail tendered? Quære, could creditor, who had neglected to give notice of opposition as required by the statute at the original hearing, be admitted to appear for any purpose upon an adjourned hearing? Quære, can attorneys

clerks be admitted to support bail? Re George Ruffel, 254.

Parties to a bill of exchange-Who may opposePractice as to the admission of new opposing creditors upon adjournment of the last examination for a specific purpose.-Where the names of several parties are entered in the schedule in connection with a bill of exchange: Held, that the holder only has a right to oppose. Upon an adjournment of the last examination for a specific purpose: Held, that a creditor who has neglected to appear at the previous examinations will not then be admitted to oppose. Re Mary Ann Cann, 253. Opposition-Practice.-Retainer of attorney by opposing creditor under 1 & 2 Vict. c. 110; Held, that general instructions to an attorney to proceed for the recovery of a debt as far as the law will allow, will not justify an opposition in the matter of the insolvency of the debtor, unless it appear that an intimation of this intention has been made to the creditor on whose behalf the opposition is instituted. Re Edward Lidbetter, 254.

Petition-Description-Omission of trading carried on.-Where a trader petitions as a trader debtor, but omits in his description in the petition an enumeration of the trade or trades, business or businesses, which he has carried on, the omission is fatal, as there is no power to amend the petition : Held, also, that the enumeration of one of the businesses carried on by the petitioner in the description in the schedule will not cure the defect. Re Samuel Wray, 65.

Notice of opposition-Omission of surname―Practice. -The omission by a creditor to write the surname of the debtor upon entering notice of opposition: Held fatal. A valid notice of opposition having been given by one creditor, any creditor may, by the practice of the court, come in and oppose; but in this case the only notice of opposition entered being invalided by the mistake of the creditor who entered it: Held, that the error also deprived the other creditors of their locus standi to oppose. Held, also, that an insolvent who has contracted debts since the vesting order, and which were not inserted in the schedule filed, may, upon the adjudication of discharge in respect of the debts in the schedule, obtain leave to file another petition with the object of discharging the insolvent from the debts contracted while in prison. Re Catherine Helena Laicas, 20.

Legal definition of the term "malice"-1 & 2 Vict. c. 110, s. 78.-Held, that where an assault had been made, and damages awarded by a jury, against an insolvent, for a malicious injury, the court will hear the facts to judge of the malice, and, if it appear that the assault was without provocation, will hold that in law there is malice. Re Nolan, 20. Contracting debt by false representations-Post-nuptial settlement-Refusing to sign declaration of insolvency-Obtaining forbearance.-To sustain a ground of remand for contracting a debt by false representations, the creditor must appear and give his own evidence. A post-nuptial settlement before an insolvent gets into trade, and executed when he owes no debt, will not be deemed fraudulent. Refusing to sign a declaration of insolvency is no ground of remand. Paying money on foot of a composition, and thus inducing a creditor to withdraw a cautionary notice served on a sheriff, is not obtaining forbearance. Re Thomas Hanlon, 210.

Two petitions and schedules in existence at the same time, each having been filed when the insolvent was in different custodies-Habeas corpus.-Where an insolvent files a petition and schedule to be heard in one county, and omits to come up for hearing, and is sued by civil bill and arrested in another county, and then files a new petition and schedule, he cannot be removed back by habeas corpus to his first custody: and, there being no jurisdiction to hear him on either petition, both will be dismissed, with liberty to file again. Re Robert Knox, 255.

PRACTICE.

Practice as to setting aside income.-The court, in setting aside a petitioner's income, under these statutes, for the benefit of creditors, will have regard to the circumstances in which he is placed, his condition in life, and the duties imposed upon him. Re William Gascoyn Maxey, 21.

A party becoming surety for another when unable to meet his own liabilities-Fraudulent mortgage of property. An insolvent will not be remanded for becoming security for another when unable to meet his own liabilities, where he is never questioned as to his solvency, and where there are means of

ascertaining from the public records how his property is circumstanced. Where an insolvent executes a fraudulent mortgage of his property, he will not be discharged until an assignee is appointed and that property handed over to him. Re Armstrong, 41.

Creditor's petition-Discharge from illegal custodyAdministering insolvent's estate before adjudication.Where a creditor files a petition, and obtains a vesting order against his debtor, whom he has in custody under an execution, and he then has him removed into criminal custody for not filing his schedule pursuant to the statute, although that custody be pronounced to be illegal by the Q. B., and the prisoner is discharged: still, the court will, on application of that creditor, appoint an assignee, and administer the insolvent's estate, although no adjudication has taken place. Semble, if the discharge was at the suit of a creditor. Re Stephen Fox Dixon, 113.

Practice-Insolvency-Protection-Disobedience of final order-Contempt.-An insolvent having petitioned a County Court under the Protection Statutes obtained his final order upon the condition of his paying 251. per annum by quarterly instalments, which after a time he failed to do: Held, by the judge, that his failure in that respect was not such a disobedience of the order of the court as would warrant the committal of the insolvent for contempt: Held, also, that the insolvent was entitled to his costs of opposing the motion for his committal. Re Norman, 62.

Costs of insolvent's attorney-Allowance for support of petitioner. Held, that the insolvent's attorney's bill of costs may be paid out of money in court belonging to the estate, under the proviso in 5 & 6 Vict. c. 116, s. 4, authorising an allowance for the support of the petitioner out of his estate and effects. Re Warner, 64.

require evidence of an applicant's responsibility and fitness before it will appoint him assignee, Re John Stanley, 253.

A creditor having been plaintiff in an action to recover money received on his own account, defendant pleaded, by way of set-off, payment made in arbitration on plaintiff's account, and applies for a commission to examine witnesses. Plaintiff, under a judge's order, admits such payments to have been made, and goes to the jury on the question only whether they can be charged against plaintiff under the agreement between the parties. A judgment being recovered, and defendant becoming insolvent, plaintiff, the opposing creditor, is not, by his admission in the action, precluded from inquiring under the insolvency whether the payments so admitted have been, in truth, made by the insolvent; for, if not, it may be an inquiry after existing assets applicable to a dividend. Re Michael Henry Myers,

284.

REHEARING.

Rehearing-County Court.-Although there is a clause in the Irish County Courts Act, authorising the rehearing of country cases in Dublin, still there does not appear to be any power in the court to send the insolvent back to his original custody, and therefore where a case has been heard before the judge of an Irish County Court, it must also be reheard before the same tribunal. Re John Hubert Moore, 235.

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Bail after original hearing-Right of detaining creditor oppose such application upon his omission to give notice and appear upon the original hearing-Right of attorney's clerk to appear upon bail.-Upon an application to be admitted to bail after an original hearing, where no notice of opposition had been entered: Held, that notwithstanding, as the detaining creditor had received notice as in ordinary cases of applications to be admitted to bail before the original hearing, he might oppose: Quiere, could this opposition extend beyond the fitness and responsibility of the bail tendered? Quære, could a creditor who had neglected to give notice of opposition as required by the statute at the original hearing, be admitted to appear for any purpose upon an adjourned hearing? Quare, can attorneys' clerks be admitted to support bail? Re George Ruffel, 235.

REPUTED OWNERSHIP. Attachment-Reputed ownership.-Where an insolvent, upon his discharge, stated in his schedule that all his household furniture and plate had been mortgaged to a person residing with him in his own house; but that he had the use and possession of the property by consent of the mortgagee, and he afterwards refused to give up this property to his assignee: the court will not attach him for such refusal-the proper remedy being an action of trover by the assignee against the mortgagee. Re Rev. Courtney Turner, 41.

SCHEDULE.

Break in residence.-A temporary absence from home for the purposes of business or pleasure constitutes no break in residence. Re Stephen Williams, Clerk,

20.

being able to pay them.-An insolvent who starts in business with 2s. 9d. only as capital, but with the appearance of being worth upwards of 2004., which he borrows, and gives a judgment to the party lending the money, enabling him at any time to sweep off all the effects from the premises, thereby commits a fraud, by setting up false appearances upon his general creditors, and will be reanded for having contracted debts without reasonable or probable expectation of being able to pay them. Re William Silk, 64.

PETITION.

Creditors-Petitions-Vesting arder-Filing accounts. -The court will not inquire into the motives which may induce a creditor who has his debtor in execution to apply for and obtain a vesting order; and at that stage of the proceedings it will give no opinion as to the merits of the case. All that is necessary for the creditor is to comply with the requisites of the statute. It will be unnecessary for him to set out any account between himself and the debtor if he swears that the debtor has no claim against him. Re Edmund Power, 112. Dismissal of petition by Co. C. judge.-Effect of, in vacating vesting order made by the court in London. -Quare: when a petition has been filed, and a vesting order made by this court under the 1 & 2 Vict. c. 110, is the vesting order vacated by the dismissal of the petition in the County Courts ? Re Robert William Marshall, 64. Allocation orderCreditor's petition-Military pay.Where a military officer, in receipt of large pay, remains in prison, and refuses to file a schedule,

the hands of an assignee until he has filed an account. Re Joseph Munns, 40.

Re

After-acquired property- Right of a scheduled creditor's trustee to move as a creditor-Rule to hold and retain-Disobedience-Contempt-Costs-Practice.Held, that the trustee of a creditor may use the creditor's name in an application to the court for a rule to hold and retain after-acquired property under an insolvency. Disobedience of a rule of court to hold and retain is a contempt of court. George Cooper, 18. Insolvent-Remand-Payment of money to detaining creditor-1 & 2 Vict. c. 110, ss. 85, 91.-An insolvent was remanded for seven months, and was arrested under 1 & 2 Vict. c. 110, s. 85, and during his imprisonment he gave his detaining creditor a judge's order for the payment of the debt and costs, by instalments, and 15l. was paid pursuant to the arrangement; subsequently the insolvent brought an action to recover back the 157. so paid: Held, that such action would not lie. Hawkins, 12.

Viner v.

Costs of petitioner's attorney.-Held, that the costs of insolvent's attorney may be paid out of funds in court. Re Philip John James, 254. Application to the discretion of the court-Dismissing petition.-The discretion of a court should be in conformity with the law and rules by which it is governed. Where the law clearly points out what is to be done no discretion exists. If an insolvent's petition is dismissed, the court loses all control over himself and his property, and could not enforce any undertaking he might enter into. Re Edward Reynolds, 255.

Appointment of assignees-Practice.-The court will

ferent places-Credits taken in balance-sheet incident to the several changes in trade-Truth of schedule.— Where a trader within a short period changes frequently his place of business and name of firm under which he trades, the court will regard such circumstance with suspicion; and if he is not able to vouch the items for which he takes credit as expenses incident to those changes, his petition will be dismissed. Where books are kept, the insolvent is bound to sustain the truth of his schedule as to his losses by reference to them. Re Robert Duff Ironside, 113.

The court will not allow the debts in a protection schedule to be transferred to the schedule filed under a subsequent prison petition. Re William Alex. Holmes, 188.

Insolvent debtor-Omitting debt of a creditor from schedule.-Where a defendant, being indebted to a plaintiff, petitions, under the Insolvent Acts, 5 & 6 Vict. c. 116, ss. 7 and 9, and 7 & 8 Vict. c. 96, s. 22, for his protection, and omits the debt due to the plaintiff from his schedule, by and with the knowledge and consent of the plaintiff, and through his contrivance and procuring, the debt is barred. The effect of such an omission by the insolvent of any debt in his schedule is to defeat the object of the Acts of Parliement, to deceive the court and the other creditors, and to make the insolvent commit perjury. In legal contemplation, it is a fraud upon the court and the creditors. Wilkin and another v. Manning, 109.

Evidence as to amount of debts receivable upon the day for granting the final order-Distress for rent-Proof of Application of trader debtor with unpaid debts above three hundred still owing after bankruptcy with

certificate.-The court will receive evidence to correct the amount of a debt inserted in the schedule of a trader debtor upon the day for granting the final order. Where a distress for rent has been levied, the court will require the production of the condemnation papers, including the original inventory and notice delivered by the bailiff distraining, with an account, verified by affidavit, of the manner in which the goods distrained were disposed of, and the appropriation of the money realised. The court will not require the unpaid debts under a bankruptcy with certificate to be added to the amount, in estimating the amount of debts owing by a trader debtor petitioning under these statutes. Re John Whitfield, 66.

STAMP.

Counsel's fees Stamps not requisite to counsel's signature.-A stamp is not necessary upon a brief, where counsel acknowledges by his signature the receipt of the fee marked thereon. Re Beavan, 85.

TRADER.

A., a practising barrister, prepares periodically a series of legal reports, and a digest of cases in all the courts, paying for professional assistance to enable him regularly to complete the manuscripts. He buys paper, pays for the printing of his works upon it, and sends it to a publisher for sale upon commission, his own name not being held out to the world as engaged in the transaction: Held, not a trader within the meaning of the bankrupt laws. Re Edward Bourne Lovell, 87. Trader-Fishing-smack-owner.-Held, that a fisherman owning fishing-smacks, which he uses for fishing purposes only, is not a trader as a "shipowner

within the meaning of the bankrupt laws. Re George Stubbs, 64.

Trade debtor-Insertion in schedule of debts under former insolvencies and bankruptcies.-This court, in estimating the amount of a trader-debtor's liabilities under the Protection Statutes, will not take notice of unpaid debts under a prior bankruptcy with certificate, or under prior insolvency. Re Charles Christopher Cusack Geary, 19.

Trader debtor-Debts under three hundred pounds by composition. The payment and acceptance by a creditor of a small sum in discharge of a debt due to a larger amount, does not constitute a legal discharge of the debt: Quære, in cases of compositions effected, will the court exercise its equitable powers to mitigate the strict rules of law in favour of the debtor? Held, that it will not, in a case where, upon the merits, a petitioner does not stand favourably before the court. Re Richard Wade, 40.

VESTING ORDER.

Possibility of the heir apparent of a tenant in tail in remainder Whether it passes by a resting order under the 1 & 2 Vict. c. 110-Provisional assignee in in insolvency-Judgment.-In 1842, G. H., being then a prisoner for debt, was the heir apparent in tail male of his father, who was tenant in tail in remainder expectant on a life estate, in certain residuary trust estates. A vesting order was made in July 1842, under the 1 & 2 Vict. c. 110, s. 37, whereby all the real and personal estate of the insolvent, and all the future estate, right, title, &c. of the insolvent in, or to any real and personal estates which might revert, descend or come to him before he should be entitled to his final discharge, were vested in the provisional assignee in

insolvency. An order for the final discharge, of the prisoner was obtained in Nov. 1842. In Aug. 1843 the father died, leaving G. H. tenant in tail in remainder expectant on the said life estate. In April 1853 the life estate expired, and G. H. became tenant in tail in possession. In Aug. 1853, G. H. conveyed all his interest in the trust estates for the benefit of his creditors: Held, that the possible right which G. H. had in 1842 to the residuary trust estate, not having descended or come to him before the order for his final discharge, did not pass to the provisional assignee. There was nothing to show that the judgment, a warrant to confess which had been executed in 1842 by the insolvent, under the above Act, had been entered up by the provisional assignee at any time before Aug. 1853: Held, that the mere existence of the authority to enter up judgment has not the same effect as if the judgment had been duly entered up, as it ought to have been, before Aug. 1853. Hawker v. Hallewell, ex parte Sturgis, 225.

Revesting order-Practice.-Upon an application under the 92nd sect. of the 1 & 2 Vict. c. 110, for a revesting order, it is for the court alone to determine whether an insolvent's debts have been discharged and satisfied. Re Charles Elsworth, 39.

MISCELLANEOUS.

Casks sent with vinegar the property of the vinegar merchant, and not saleable under a bill of sale before the time arrived due for its being returned or charged.-Persons had no right to purchase property of this description, and if they did so they must do it at their own risk. In an action of trover under these circumstances, cask or its value ordered to be returned. Hill and others v. Haley, 137.

COUNTY COURT JUDGMENT. DEPUTATION TO LORD PALMERSTON.-A deputation, consisting of Messrs. E. H. Payne, mayor of Wallingford, John Dalzell, magistrate, R. H. Allnatt, M.D., Edward Wells, alderman, T. E. Field, alderman, and J. J. Allatt, waited on Lord Palmerston, by appointment, at the Home-office, and presented to him a memorial, signed by the high steward, the mayor, the clergy, and other leading inhabitants and tradesmen of the borough, praying for inquiry into a late decision of Mr. J. B. Parry, Q.C., the Judge of the Berkshire County Court.

are

country, that, since the passing of the Common Law Procedure Act, creditors, especially the most respectable portion of them, prefer proceeding in the Superior Courts, as the expenses in the latter courts much lower than in the Co. Courts. The expense of obtaining a judgment by default of a debt under 204. in the former is 31. 83. 1d.; whilst, to recover the same amount in the latter court, the fees alone would amount to 3l. 11s. 8d., exclusive of solicitor's charges. This apparent anomaly cannot by any course of reasoning be defended or reconciled, as the Co. Courts were established to afford cheap law; whilst the real facts are sufficient to show any one they have not been successful in carrying out this object. And, on It was represented to his Lordship that Thomas the other hand, the attorneys are so inadequately remunerated, that the better class of them selTurner, a labouring man, with a family of young dom avail themselves of these courts, but advise children, and who is also town-crier, had been convicted of an assault on Miss Blackstone, the sister of their clients to proceed in the Superior Courts. To remove these anomalies and obstructions should be the the former member for the borough. I would therefore complained of was of the mildest character, Turner first duty of the commissioners. being accused of merely holding up his fists in a threat-propose (and I quite agree in this respect with your ening manner towards the complainant over the correspondent "W. L., Bath,") shoulder of a man who stood before her. The lady

The deputation was introduced by Mr. Richard Malins, Q.C., the member for the borough.

The offence

the

That so much of the fees as are now charged and appropriated for payment of the judges' salaries should be abolished, and the judges to be paid out of the Consolidated Fund, the same as the superior judges are now paid-and the remainder of the fee, that is, 19-40ths, being the clerk's proportion, together with the bailiff's fees, should be the only court fees chargeable.

admitted at the trial that she was not even alarmed by the conduct of the defendant. For this comparatively slight offence the judge sentenced Turner to 501. damages, with full costs and immediate execution, and his goods were taken under the legal process shortly afterwards, but were insufficient to pay costs. At a subsequent court the judge, after inThat the general fund fee should be abolished, exquiring into Turner's means, ordered that the damages and costs should be discharged by monthly instal-cept so much of it as would provide for the maintenance of the court, offices, &c. It these fees were ments of 6s., thus in effect alienating a considerable abolished, it would then become a question whether portion of his weekly earnings for seventeen years the services of the Treasury could not be dispensed prospectively, or subjecting him in default of payment to repeated monthly imprisonments during the whole with, and thereby effect a large saving to the public. That the jurisdiction of the courts be extended to of his future life, a process which, so far from cancelactions for damages, such as for defamation of chaling the debt, would materially increase its amount by the addition of the heavy fees of the court upon racter, &c., as persons in humble circumstances have characters to protect as well as their richer neighevery fresh imprisonment. The sum now due from bours: persons of small means have no remedy whatthis poor man amounts to 681. ever, in cases of this kind.

The Mayor and the other gentlemen present bespoke his Lordship's consideration to the unprecedented severity of the sentence, the discrepancy of the evidence on which the conviction was based, the absence of a jury, and the existence of circumstances calculated to excite the defendant's resentment on the occasion alluded to; they moreover expressed their belief that Turner was innocent of the alleged assault, and respectfully urged his Lordship to institute further inquiry into the extraordinary case, with a view to such ulterior proceedings on behalf of an honest and industrious man as his Lordship might think fit. Turner being unable to pay the first instalment of 6s., increased by costs to 27. 18. 67., has been committed to Abingdon Gaol for thirty days, and his family are now dependent for support on the Union funds.

LORD PALMERSTON, having listened with great attention to the statement of the various speakers, stated that upon a primâ fucie view of the case it certainly appeared one of great hardship and cruelty. He was not, however, prepared at the moment to say what ulterior proceedings ought to be taken; but he assured the deputation that the matter should receive his best attention.

The Mayor thanked his Lordship, on behalf of the town, for the courteous manner in which the deputation had been received, and the parties then withdrew.

SUGGESTIONS FOR THE IMPROVEMENT OF THE COUNTY COURTS. NOTWITHSTANDING the many improvements and reforms which have been effected in our law during the last few years, and more especially by the establishment of the Co. Courts in the year 1847, by which (to use a rather hackneyed phrase) cheap law was brought to every mansion-unquestionably this was a great desideratum. The public appreciated the boon, and they are grateful; but, unfortunately for them as well as the Profession, the practice and mode of procedure in these courts are far from realising the expectation they created, of giving cheap law and The otherwise general satisfaction to the suitors. heavy fees payable to the courts, as well as the mean and illiberal allowance to the Profession, are sources of universal discontent. It is to these evils I am desirous of inviting the attention of the commissioners who are now pursuing their inquiries as to the practice of these courts, and also to submit a few suggestions for amending the practice in those particulars in which it is considered most defective. The Profession is much indebted to you for your valuable articles on Co. C. grievances; and it is to be hoped that the improvements you have so ably advocated from time to time will be ultimately carried out. The Co. Courts, offering so many advantages as they do, from their local positions, are, it is true, much resorted to, not altogether on account of their cheapness, but for their easy mode of procedure, and the local advantages they possess. It is therefore of the highest importance that every facility and inducement should be offered to the public for proceeding in these courts for recovery of their demands, without being liable to pay such heavy court fees, as well as the costs of the attorneys for conducting their cases. An impression is daily gaining ground in the

That the judges should be invested with power to grant warrants for the arrest of debtors about to abscond, for amounts below 201., similar to that vested in them by the Absconding Debtors Arrest Act for sums above that amount-say for all sums above 5l., -or to attach their goods without the necessity of a previous summons.

I intend very shortly to submit a proposed scale of charges to be allowed to attorneys and counsel in lieu W. C. of those at present allowed.

Reading, Dec. 19, 1853.

to the client.

more readily effect the service, and with greater certainty-the influence of the bailiffs would be avoided, and settlements or arrangements would be more easily effected.

4. That consents to arrangements should be taken and filed without oath, unless disputed, as in the Superior Courts; because it would prevent unnecessary expense.

5. That plaints should be entered with the clerk without special application to the court, the clerk (being competent) giving the necessary information as to districts. In some instances, plaintiffs have to travel many miles across a country without ordinary conveyances, and consequently at great expense and inconvenience, on a court day, to make these applications, for which no expenses are allowed.

1. Because that would enable them to consult convenience, and often save much important time and expenses-prevent previous notice to defendants and other creditors-and secure the first applicant the chance he deserves.

2. Because it would prevent exposure, and consequent pressure upon falling tradesmen.

6. That plaintiff's should be entitled to issue execution immediately, or at any time within a year, without serving an order of court when the defendant appears, and without a judgment summons.

1. Because the creditors are entitled to deal with their debtors as they think fit, as in the Superior Courts; and the expense of the order might be saved, as the defendants, by attending the court, have notice of its decision.

7. That the proceedings of the court should be assimilated as nearly as may be to the proceedings in the Superior Courts, now they are so altered.

8. That it should not be necessary for judgment creditors to follow the debtors, but the defendants should be brought to the place of trial or hearing.

1. Because the debtor is the aggressor, and ought therefore to bear the expense and inconvenience of the journey instead of the creditor.

2. Because debtors often remove for the purpose either of increasing the expense to the creditor, and so punishing him in revenge for the suit, or of escaping justice.

9. That the jurisdiction of the court should be extended to verbal slander, where the damages claimed do not exceed 207.

1. Because slander is rife, and the law in the Superior Courts is still expensive, and these local courts, having cognisance, would tend to repress it through local exposure and proportionate punishment.

I know instances to which every suggestion here offered will apply, and in some where the results have been important.

H. J. M.

Late Cases on the Law and Practice of the County Courts. By GEORGE HARRIS, Esq, Barrister-at-Law REPORTS OF CASES DECIDED IN THE SUPERIOR COURTS:V. C. Stuart's CourtForbes v. Limond

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