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JUST PUBLISHED,

THE SIXTH EDITION, ENTIRELY REVISED,

OF

Cox and Lloyd's

LAW AND PRACTICE OF
OF THE COUNTY COURTS.

BY

MORGAN LLOYD, ESQ., BARRISTER-AT-LAW,

EDITOR OF

"THE COUNTY COURTS CHRONICLE."

THE new edition contains all the new Jurisdictions, with the new Statutes, Rules and Orders, and all the cases decided down to the present time, comprising the entire of the Law and Practice of the County Courts as it is; and as it will continue until the Commission has reported and Parliament shall have legislated upon the Report, so that for two years, at least, no change can be made in the existing law and practice.

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Воок Х.

THE NEW JURISDICTIONS OF 16 & 17 VICT.

1. The Jurisdiction under the Succession Duties Act. 2. The Jurisdiction under the Charitable Trusts Act. 3. The Proceedings under the Charitable Trusts Act.

BOOK XI.

FEES AND COSTS.

THE AUTHORIZED FORMS,

GIVEN IN THE SCHEDULE TO THE RULES.

Authorized Forms under the Absconding Debtors' Act. Authorized
Forms under the Charitable Funds Act. Forms not given in the
Schedule to the Rules. Forms under Absconding Debtors' Act.

THE APPENDIX.

9 & 10 Vict. c. 95.-An Act for the more easy Recovery of Small Debts and Demands in England.

10 & 11 Vict. c. 102.-An Act to Abolish the Court of Review in Bankruptcy, and to make Alterations in the Jurisdiction of the Courts of Bankruptcy, and Court for Relief of Insolvent Debtors. 12 & 13 Vict. c. 101.-An Act to amend an Act for the more easy Recovery of Small Debts and Demands in England, and to abolish certain Inferior Courts of Record.

13 & 14 Vict. c. 61.-An Act to extend the Act for the more easy Recovery of Small Debts and Demands in England, and to amend

the same.

15 Vict. c. lxxvii.—-An Act for the more easy Recovery of Small Debts and Demands within the City of London and the Liberties

thereof.

15 & 16 Vict. c. 54.-An Act further to facilitate and arrange proceedings in the County Courts.

16 & 17 Vict. c. 137. An Act for the better Administration of Charitable Trusts.

16 & 17 Vict. c. 83.-An Act to amend an Act of the 14 & 15 Vict. c. 99 (Law of Evidence Act.)

General Rules and Orders for and concerning the practice and pro-
ceedings of the County Courts in England.

Instructions issued by the Lords Commissioners of Her Majesty's
Treasury, to the Treasurers of County Courts, December, 1851, in
lieu of those of June, 1847.
Table of Cases, Index, &c.

Price 21s. cloth; 23s. half-bound; 24s. bound in calf.

LONDON: JOHN CROCKFORD, 29, ESSEX STREET, STRAND.

LONDON:-Printed by JOHN CROCKFORD, of 16, Oakley-square, Hampstead-road, in the county of Middlesex, at his Printing-office, 13, Princes-street, New Turnstile, in the parish of St. Giles, Bloomsbury, and Published by the said JOHN CROCKFORD, at 29, Essex-street, Strand, in the City of Westminster, on Friday, the 1st of December, 1854.

THE

COUNTY COURTS CHRONICLE

FROM

JANUARY TO DECEMBER 1855.

VOLUME VIII.

EDITED BY

MORGAN LLOYD, ESQ., BARRISTER-AT-LAW.

LONDON:

JOHN CROCKFORD, COUNTY COURTS CHRONICLE OFFICE,

29, ESSEX-STREET,

1855.

STRAND.

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INDEX TO CASES

DECIDED IN THE SUPERIOR AND INSOLVENT DEBTORS' COURTS.

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P.

PAMPHILLON, re WILLIAM, 227
Parsons v. Alexander, 161
Pearce, re Francis, 16
Perkins, re Samuel, 148
Perrel, re J. W. 16
Pinsent, re Charles, 16
Powers v. Fowler, 30

Pittman, re Thomas, 224

Plummer v. Hedge, 36
Plunkett, re Richard, 164

Hearn v. London and South-Western Railway Com- Poland v. Terbutt, 146

pany, 84

Hernaman v. Smith, 36, 48

Hertford, Marquis of, v. Griffin, 31

Hill v. Swift and Uxor, 35

Hitchen v. London and North-Western Company, 147 Holdsworth v. Walice, 224

Honiball v. Bloomer and others, 10

Horne v. Curtis, 103

Huddison v. Northey, 184

Hughes v. Paramore, 27, 99

--, re, Rev. James, 186, 187

Humphries v. Williams, 12
Hunter, re John, 70

Hutchinson v. Boyle, 221

Hutton and another v. Newport Abergavenny and Hereford Railway Company, 184

I.

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INCORPORATED SOCIETY FOR BUILDING Rogers, re, 165
CHURCHES v. COLES, 122

J.

JACKSON v. BEAUMONT, 162

Jones v. Giles, 206

Jamieson v. Trevelyan, 35

Jecks, re Charles, 150

Jenniggs v. Roberts, 31

Johnson v. Gandy, 219

Jones v.

Parry, 183

K.

KEMP AND ANOTHER v. HURRY, 26

Kennealy v. Buckmaster, 13

Kent v. Godts, 219

L.

LAKE v. BUTLER, 124

Lang, re David, 224

103

Rose, re,

185

Routh v. Watts, 183

Ryan v. Jenkinson, 180

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Langbridge v. Bristol and Exeter Railway Company Stiles, re Joshua, 227

Laughton, re Charles, 227

Lee v. Leslie, 104

re William, 16 Leopard, re Lazarus, 164

Lewis v. Bright, 101

Phipps, 106

Long v. Burton, 14

Lonsdale v. Nelson, 103

M.

Stoddard, re, 225

Summers, ex parte, 126

Sutton and another v. Tomkinson, 85

Swann v. Dakins, 83

Swatman v. Ambler, 31

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MAGUIRE v. NORTH STAFFORDSHIRE RAIL- Thomas v. Edmond and others, 221

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Thomson, re, 160

Thurston v. Lipscomb, 147
Tomson v. Judge, 141

Tucker, re William Owen, 224

Tudway v. Jones, 123

Tupper v. Tupper, 205

WALSH, re, 226

W.

Waring v. Great Western Company, 55 Watkins v. Burns, 104

Watt, re Charles, 150

Watson r. Humphrey, 52

-v. Hoare, 87

Webber v. Wilkinson, 103

Webb v. Bayley, 55

Wells, re Joseph, 226

Wentworth v. North-Eastern Railway, 88

White v. Treharne, 14

Wildish, re John, 228

Williams, re Robert, 208

Williamson, re, 159

Woodall v. Coates, 146

Woodgate v. Wetton, 10

Woraker, re Joseph, 70

Worth v. Newton, 8

Wright, re Mount Stephen, 209

re William, 209

Wyatt v. Jennings, 53

Wylam Steam Coal Company v. Street, 83

GENERAL INDEX.

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Life Assurance, 111; new practice, 111; alleged
breach of promise, 150; attorney and client, 150;
County Court expenditure, 150; County Court
returns, 190; practitioners in County Courts,
191; action for recovery of a copyhold admission
fine and fees, 191; assault on a legal officer,
191; frightful accident, 191; a curious case,
210; fees of clerks of the peace and justices'
clerks, 211; proceedings of law societies, 211;
scale of fees, 230; a sham lawyer committed
for trial for perjury, 230; assaulting a so-
licitor, 230; a County Court judge, 230;
serious charge against an officer, 230; compro-
mising a felony, 230; a salutary judgment, 230;
power of the County Court in cases of assault
after magisterial decision, 231; resisting a bailiff,
231; Whitechapel County Court, 231; Manches-
ter County Court, 231.

J.

JUDGES OF COUNTY COURTS-

Salaries, 28; letters on, 24; article on, 41; letter
from Mr. Temple to Mr. Wilson, 45; Mr. Fal-
coner to Treasury, 45; return to an address of
the House of Lords, 64; Mr. Temple's letter to
the Lord Chancellor, 78; Mr. Johnes to Mr.
Wilson, 78; return to an address of the House
of Lords, 78; Mr. Temple's letter to the Editor
of County Courts Chronicle,110; powers of County
Court judges, 110; County Court judges in con-
mission of assize, 113, Mr. Hoe's letter to Mr.
Wilson, 117; speeches upon in the House of
Lords, 119; power of judge of Superior Court to
direct judges of County Courts to take examina-
tions, 171; arbitratious, 171; Cranbrook, C. C.,

171

JURISDICTION OF COUNTY COURTS-

proposed extension, 130; jurisdiction to commit
protected insolvents, 134

L.

LANDLORD AND TENANT-

Late cases upon the law of, 135, tenancies from
year to year, 154; assignments and surrenders of
leases, 174; covenants contained in leases, 197;
implied duties and liabilities, 215

LEADING ARTICLES--

Notes of important decisions, 1
Recovery of seamen's wages in the County Court, 1
Contracts of hire, 2

The Common Law Procedure Act, 3
The law relating to husband and wife, 4
The salaries of the County Court judges, 21
The Common Law Procedure Act 1854, 21
Monthly commentary, 22

The law relating to husband and wife, 22
Cases upon discharge of insolvent before hearing
by the detaining creditor, 24

The salaries of the County Court judges, 41
Notes of recent decisions, 41
Monthly commentary, 42

Effect of discharge of an insolvent after petition,
and before adjudication, 42

The law relating to husband and wife, 43
The law of charities, 61

The laws relating to husband and wife, 61
The Testamentary Jurisdiction Bill, 73
Notes of recent decisions, 73
Monthly commentary, 74

The laws relating to husband and wife, 75
Practical points lately decided, 76

The report of the County Court Commission, 93
Notes of recent decisions, 93
Monthly commentary, 94

The law relating to husband and wife, 94
The Report of the County Court Commission, 113

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Remedy for the illegal imprisonment of insolvents
by certain County Courts, 134

What contracts are avoided by the statute against
gaming, 135

Late cases on the law of landlord and tenant, 135
The law and practice of attachment of debts, 137
Limited liability, 153

The summary procedure on bills of exchange and
the County Courts, 153
Monthly commentary, 154

Late cases on the law of landlord and tenant, 154
Practice cases in the Court for the relict of Insol-
vent Debtors, 155

Review of recent decisions in Insolvency, 156
The County Court system, 173
Monthly commentary, 173

The Friendly Societies Act, 174
Late cases on the law of landlord and tenant, 174
Limited liability, 193

COUNTY COURT LEGISLATION-

The Statute of Frauds, 193; the Friendly Societies
Act, 194; suggestions to practitioners upon the
opposition and support of insolvent debtors, 195;
the vexatious defence of actions by insolvents,
196; late cases on the law of landlord and ten-
aut, 197; the Bank Restriction Act, 218; the
Friendly Societies Act, 213; the Statute of
Frauds, 214; late cases on the law of landlord
and tenant, 215

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