boHis Honour requested him to proceed to the next objection:9792 90IV152 Stilistƒ?d' a. any justices of the peace for the said town and borough, &c. The above are all the provisions of the Last worders The petition was filed on the 25th June Act which I think it necessary to refer to. It will be in court, and the petitioner's attorney presented observed that the language the 34th section, which the affidavit, verifying a petition to the registrar of has reference to the payment of tolls, is not expressly the court (on his swearing petitioner) with the jurat applicable to slaughter-houses, but inasmuch as the filled up in the following manner:-"Sworn at the schedule to which it particularly refers does contain a town and county of Hertford, in the county of Hert-rate of payment for the slaughter-houses, I am disford, this twenty-fifth day of June 1855, before posed to think that the right of the corporation to me,&c. The date was altered, the word "third" charge for them according to the rate specified in the having been struck out, and fifth" interlined; this schedule will not be affected by the nonmention of had the initials of the registrar to it in the margin. them in the clause of the Act. When the new He (Sworder) said that this, like the description of market-place was ready for use, the corporation by a the petitioner, was a tissue of nonsense; and argued bye-law, dated 21st Dec. 1839, fixed the several rates also, that the affidavit could not be received with of payment, and ordered that a table of the tolls be a correction in the jurat, which ought to have been set up in the new market. With respect to shambles rewritten; and referred to the practice of the Supe- and slaughter-houses they fixed the rates of toll at rior Courts, which he contended should prevail in the maximum rate allowed by the schedule, viz. for this court. He gave up the third objection, on being every shamble 3s., and for every slaughter-house 3s. referred to sect. 5 of 10 & 11 Vict. cap. 102. It was not proved whether the corporation had in fact Henry de Medina, of Crosby-hall Chambers (peti-ever collected tolls at the above rates, but it was adtioner's attorney), said that the objections were cap-mitted by the plaintiffs that they had for some years tious, and would not be listened to in Portugal-street; and contended that the registrar having taken the affidavit in its then present state, the objection could not prevail. His Hoyour considered that the objections were good, especially in regard to the jurat of the affidavit: to hold otherwise would encourage great laxity; and as it could not now be amended, the petition must be dismissed. Petition dismissed. ein ni 17 14 MONMOUTH, 91. ٠١٢٠ received the sun of 18. 6d. per week for every slaughterhouse, and that some time since they had increased the accommodations of the butchers by providing the slaughter-houses with a water supply, when they increased the charge to 1s. 8d. per week. This latter amount it was admitted they had received from the defendant, who is a butcher living in the town, as well as from all the other butchers of the town, for two years at least, previous to July last, when in consequence of the defendant having discontinued his stall or shambles in the market, the plaintiffs gave him notice to determine the rate he was then paying for the slaughter-house, and also to quit the slaughter-house then assigned to him. The defendant then demanded Jurisdiction Title to toll-What is a toll within the a slaughter-house, when the same which he had 8th section of 9 of 10 Vict. c. 95. before occupied was assigned to him at the weekly His HoNour delivered the following judgment.-rate of 3s. All the other butchers have continued to In this action the Corporation of Monmouth seek to pay 1s. 8d. per week, but they have all rented stalls, recover the sum of 67. 9s., which is claimed as the toll for which they have been charged 2s. 3d. per week. or rent payable in respect of a slaughter-house used The corporation have never entered on their books by the defendant from July last to May last, being at any fresh bye-laws altering the rates of tolls as the rate of 38. per week for 43 weeks. The defendant originally fixed, and the tables of tolls originally insisted that he was only liable to pay 1s. 8d. a week, published by them is still posted up in the marketand has paid 31. 11s. 8d. into court, the sum payable place. Mr. Owen, on behalf of the defendant, confor the same period if the plaintiffs are only entitled tended that the corporation by their Act of Parliato charge this lower rate. In the year 1834 the cor- ment were bound to take the same rate of toll from poration obtained an Act of Parliament to enable every person using the market; and, secondly, that them to remove the markets, and to provide other mar- this corporation having by usage established a toll of ket-places in lieu thereof. In the preamble it is recited 1s. 8d. for every slaughter-house, they must be held that a market for the sale of corn, &c., meat, &c., to have affixed that sum as the rate of toll, and that and other provisions, hath been immemorially held they are precluded from demanding a higher rate in the market-place of the town, and that the cor- until they had again fixed and appointed such higher poration are entitled to certain rents, tolls, stallage rate, and published on tables as required by the Act. and profits arising from or in respect of articles ex- Mr. Williams, on the other hand, denied that the posed for sale. By the 28th section persons are pro- corporation had any wish or intention to make any hibited from selling any corn, &c., meat, &c., or other distinction in the rate of charge where the different marketable provisions in any other place within the butchers had the same accommodation; but he claimed town than the new market-place; but it is provided by for his clients the right of offering the advantage the same section that nothing therein contained shall of a reduced rate to those butchers of the town, extend or be construed to extend to prevent or hinder who took a stall in the market-place as well as any person from selling, or exposing for sale, any corn, a slaughter-house. This right, however, was stoutly &c., or any meat, &c., in his own dwelling-house, or denied by Mr. Owen, as an infringement of that in his own shop or premises in any part of the said equality of toll which the Act prescribed, and also of town or borough. By the 31st section it is enacted the proviso which reserved to the butchers the right that as soon as the mayor, &c. shall have erected suita- of selling in their own shops. At the hearing, I felt ble slaughter-houses, and shall have given due notice that the question at issue was one on which I had no thereof, no person or persons shall kill, slaughter, jurisdiction, being a question affecting the right of singe, scald, or dress any cattle, swine, or other beasts the corporation to demand a higher rate of toll. Mr. for sale in any shop, house, shed, building, outhouse, Williams, however, having referred me to the case of yard, garden, or court, or in any other place within Hunt v. The Great Western Railway Company, as an the town of Monmouth, except in such slaughter-authority in favour of the jurisdiction, I reserved houses, or other buildings or places as may be erected my judgment to look into that case. There have and set apart for that purpose, nor shall cause or per- been two decisions of that case-one by Coleridge, J. mit any blood or filth to run from any slaughter- in the Bail Court, and the other by the Court of C. B. house, house, building, shop, shamble, or place into It came before each court in the shape of an applicaany of the streets or places within the said town: and tion for a prohibition of the judge of the Hertfordshire every person so offending shall for every such offence Co. C. From the statements of the case it appears forfeit and pay any sum not exceeding 51. By the that the action was brought in the Co. Co. to recover 84th section it is enacted that there shall be paid to compensation for loss sustained and expenses incurred to the said mayor, bailiffs and commonalty, or to the by delay in the carriage and delivery of coal from person appointed by them to exercise the same by Peterburgh to Potter's Bar; and one question in this every person holding, using, or occupying any stall case was, whether the defendants had a right to charge or standing, or selling or offering or exposing to sale 44d. per mile for the conveyance of the plaintiff's any corn, &c., brought into the said existing market-empty coal trucks along the line on the back journey. place, or the intended new market-place so to be The defendants applied for a prohibition, on the erected and established as aforesaid, such tolls, rents ground that the question involved the right to toll. and stallage as shall from time to time be fixed and Both courts refused the prohibition; but the Court of appointed by the said mayor, bailiffs and commonalty, C. B. appear to have grounded this refusal on their not exceeding the several tolls, rents and stallage opinion that the payment was not a toll, but a specified in the schedule to the Act, a table of which sum payable for locomotive power. But since tolls, rents and stallage, the said mayor, bailiffs and that case, the Court of Q. B. have held in Reg. commonalty shall set up and maintain in some con- v. Everett, 1 El. and BI. 273, that such a question spicuous part of the said market-places, and in case as that raised before me is not within the jurisdiction any person holding, using, or in any manner occupy- of the Co. C. That case was an application for a ing any of the said stalls, or standings, or selling, or prohibition to the judge of the Dorsetshire Co. C. in offering, or exposing to sale any corn, &c. in the said in the cause of Ady v. The Deputy Master of the market-places, shall refuse to pay the several sums Trinity House. The action in the Co. C. was brought aforesaid, or any, or either of them, or any part thereof, to recover a sum of money which had been demanded, then it shall be lawful for the said corporation to levy and paid under protest by the plaintiff to the Collector the same by distress and sale of the goods exposed to of Customs at the port of Poole, as to the amount of sale,' &c. In the schedule above referred to, are these two rates due to the trustees under 32 Geo., 3, c. 74, in amongst many other items for every butcher's respect of the plaintiff's brig Freedom, which had shamble, per week, not exceeding 3s. For every sailed on a voyage from Poole to Memel and back; slaughter-house, per week, not exceeding 3s. By the and the question before the court, was, whether the Both section it is enacted that if any dispute or dif- voyage out and the voyage home were separato voyference shall arise, touching such tolls, seats, and ages, for which separate payments were due; or one stallages, such disputes shall and may be settled by voyage for which only one payment was due. The court were unanimously of opinion that the question Master JUDGMENT. His HONOUR.-The facts of this case are very simple:-A menial servant of the defendant was seized by cholera, the doctor (the plaintiff') was sent for, and attended such servant at the house of the defendant. The first question which arises is, whether a master is by law bound to find and pay for the medicines and attendance requisite for a domestic servant whilst in his service. When one looks closely at what is the contract between master and servant, and considers that it is a contract for services of the servant, and for wages for such services, it would seem strange and unreasonable if the master had to pay, in addition to such wages, for what in point of fact deprives him of what he has contracted for the services of the servant-of which during such sickness he is deprived. And although Lord Kenyon had held in Scarman v. Castall, 1 Esp. 270, that the master was so liable, that holding was overruled by the Court of Common Pleas, in the case of Wennall v. Adney, 3 Bos. & P. 247. But a different question may arise as between the master and doctor under particular circumstances and emergencies, whatever may be the liability as between the master and servant. Circumstances may arise which will create an obligation on the part of the master to send for medical assistance to the servant as where the servant is seized by a fit or other dangerous seizure which endangers life, and requires immediate relief. In such cases no doubt the master is bound to do what is necessary for the protection of the life of his servant and I think the circumstances of this case imposed such obligation on the defendant, and rendered him liable for the attendance and medicines administered to the servant as a member of the defendant's family. It is not altogether to be overlooked that the plaintiff was the defendant's medical man, and the remainder of this claim is for attending Mrs. Deaville in her confinement, which was paid into court. Let there be judgment for the plaintiff, to be paid forthwith. case stands. Although this summons is dated the 28th July, the defendant did not receive it until the 3rd Aug. The plaintiff has in his possession a number of pictures that were deposited with him as security for this money, and we desire to have time to plead a set-off. His HONOUR.-That is not a matter of set-off at all. Loaden.-I want, if your Honour will allow me, to put you in possession of the facts of the case. We are bringing an action now in the Court of Exchequer, to recover damages for the mode in which our pictures have been dealt with. We have also evidence to show that when this note was given to the plaintiff he never considered it as security for the money he advanced, but the pictures were the security; and that he so thought is clear from the fact that the note is not payable "to order," but to him personally. I should, if time were given, be able to show that he ought not to recover upon this note if the retains the pictures. My client is very anxious not to keep him out of his money, and is willing to pay into court the debt and costs, and any interest your Honour pleases. The plaintiff has damaged the pictures, keeps them as security and threatens to charge rent for them, but brings his action upon this note which was never intended to be paid or sued upon. Mr. Harrison. This is an account now of five years. If they only pay the amount now, they shall have the pictures at once. But the defendant won't do that, and he drives me into this court, and has brought an action in the Court of Ex. Loaden.-I will apply for a certiorari. His HONOUR.-Do you think you can get this moved into the Court of Ex.? The COURT dismissed this petition, and made order DUBLIN. Re RICHARD PLUNKET. Appointment of assignee in room of assignee deceased. fraud, and a second petition filed for protection against could not give up any property under la second petiasame debts, the court dismissed the second petition and tion for distribution amongst his creditors. He would made order that another petition was not to be filed cite two or three cases to show that a second fiat seed without leave of the court. boli sa out against an uncertificated bankrupt, and conThis insolvent came up to day for his first examisequently a second petition, was not absolutely void nation. It appeared that on the 2nd Dec 1851, he upon this ground. Undoubtedly that was the old had petitioned the court and was remanded for doctrine, but some modern cases went to show that eighteen months. Upon the 3rd March 1855 he pe- this was not so. He would cite two or three of thems titioned under the Protection Acts. That petition cases. The first case was Herbert v. Sayer, 5 Q. B. was dismissed, it appearing that the debt of creditor 965. The question as to the right of an uncertificated No. 1 was fraudulently contracted. Upon the 2nd bankrupt to own property there arose on special pleas, June he had filed the present petition for protection. The Court of Q. B. had come to a different conclusion from the Court of Error in this case, relying upon Rishworth v. Young, 8 Ad. & El 470. The facts will sufficiently appear in the judgment of Chief Justice Tindal. The question arose in the case of a second certificate under which the bankrupt had not paid 15s, in the pound. The Chief Justice says: "The poist to be considered and decided is of great importance with reference to the right of a bankrupt twice certificated, and who has not paid 15s. in the pound, to after-acquired property, such as the bill for which the plaintiff sues; and the question is whether he has a good right to such property against the parties on the bill and all the world except the assignees, or whether he has no right whatever, so that he cannot sue at all upon the bill. We are of opinion that he has a good right, except as against his assignees; and as the plea does not state that they have interfered, it does not contain a complete defence; and to this conclusion we have come as well upon the authorities as upon the reason and convenience of the principles which they establish." The Chief Justice then proceeds to establish the right of the uncertificated Levy now applied under the 53rd section of the In-bankrupt to property, except as against his assignees, solvent Act (English, s. 65), on the part of the son of by argument and authority, observing that "upon cenKilkenny, who swore that he was the only person in ex-sideration we think the case of Young v. Bishworth can istence interested in the judgment to have an assignee appointed, so as to bring the fund into the Insolvent Court and have it administered there; he had the original assignment in court. [COMMISSIONER.----You do not apply on the part of a creditor, nor the assignee or administrator of a creditor, and the application cannot be granted.] The application was on the part of a person interested in the fund, and who should prove his title to it before he could receive a dividend; but suppose there was no one entitled to it, and the court was informed that there was a fund applicable to the matter, surely it ought to have the power to appoint an assignee to advertise for claimants, and if none were found, the statute pointed out what was to be done with the fund, and it was the duty of the court to protect it. The COMMISSIONER said, upon looking into the Debts contracted in trade-Reasonable expectations of statute, he found he could not appoint an assignee in chambers. His HONOUR.Very well then, I will adjourn the case until two o'clock on Friday. At two o'clock precisely Mr. Harrison and Mr. Loaden attended, and the case being called on, Mr. Loaden handed in a writ of certiorari directed to the judge of this court, removing this cause into the Court of Ex. At a later hour in the day a gentleman from the office of Messrs. Few and Co. attended on behalf of the plaintiff, to make an application. He believed it had been represented to his Honour that a certiorari had been issued in this cause, but that had been so issued upon the terms that the defendant was to give security for any amount that might be recovered by the plaintiff, such security to be fixed by the master of the Court of Ex. The master had that day fixed the security, and on behalf of the plaintiffs he wished to ask his Honour simply to adjourn the cause in case the security should not be given. His HONOUR intimated that, in the event of the security not being given, the proper course would be to apply for a fresh summons, which would be issued in such a case gratuitously. The matter then dropped. REPORTS OF INSOLVENCY CASES. 1 Friday, June 22. (Before the Chief Commissioner Law.) Re LAZARUS LEOPARD. payment. 『。 room of one deceased, unless upon the application of Held, that debts incurred in the course of an insolvent's The CHIEF COMMISSIONER remanded the insolvent for eight calendar months for having contracted the debt of Messrs. Billiard and Gray without reasonable expectations of payment. [Note. From these cases it appears that the court will form a judgment as to whether a debt incurred in trade was contracted without reasonable expectations of payment, and will form its judgment from surrounding circumstances as it does in other cases. : See other cases on this point before the present Chief Commissioner Law and the late Chief Commissioner * Reynolds: Macrae's Insol. Prac. 889.] PROTECTION CASE. ↑ Re ALFRED THOMAS BACHELOR. Dismissal of petition for fraud-Filing of second petition Same debts. Where a protection petition has been dismissed for Wednesday, April 18. (Before Mr. Commissioner MURPHY.) entertain a second petition ? Leave had been given to file a second petition in this case on the 27th Feb. last, upon the application of Mr. Lucas, it being understood that the application was granted without prejudice, and that the point should be postponed for argument till a subsequent day. The case stood adjourned to the 18th April, and being called on in its turn, Lucas applied for permission to sustain it.—The application was necessary on account of the refusal of the officer of the court to file the petition, he having received a written order from the Chief Commissioner Law that no such petition should be received. He had referred to the judgment of the Chief Commissioner in the case of an application before him to entertain such a petition; and it appeared that he was under the impression that a second petitioner under the Protection Acts must be considered to be in the position of an uncertificated bankrupt, who was incapable of owing property himself, and therefore not be supported." Then the question whether a second fiat was valid came before the court in Battery. Hobson, 5 Scott, 798; 6 Jur. 957; 2 M. D. & D. L The first part of this case did not strictly relate to the point, but the real point arose on the taxation second fiat was valid, and the master on that ground of costs. Some gentlemen raised the point whether's disallowed the costs, and the judges were afterwards obliged to determine the point, and intimated that third fiat. That case he thought was decisive. There they thought the evidence sufficient to support the were also two cases before Mr. Commissioner Holroyd: Re Edward Parks (1 Bank. and Insol. Rep. 113; Common Law and Equity Reports). These cases showed that a fiat against an uncertificated bankrupt in some cases was not wholly void, and that in oriand trade without the interference of the assignees, nary cases where a bankrupt was allowed to go the property thus acquired became his by reputed ownership. The learned counsel concluded his argDment by adverting to the inconveniences and hardships consequent upon the holding of the opposite Re THOMAS ROBERT FORGE Description-Trading Shipowner-Carrier. Held, that the omission of the petitioner's trade or profession from the petition is fatal che v Quare-What constitutes a shipowner eo nomine, the meaning of the Bankrupt Act? Quære Is a fishing-smack owner cho, when he has a deficient cargo of fish, fills up the vacant spacs in his vessel with the fish of other owners, carrying it to their factors in the markets, and receiving freightage for the carriage, a carrier eo nomine within the meaning of the Bankrupt Act? Nichols appeared to oppose for creditors. The insolvent had described himself as, T. R. F. of Barking, fishing-smack owner, having a warehouse at the waterside, Barking, and he had petitioned as a nontrader, owing less than 8001. Having a legal objection to submit upon the description and the trading, he would examine the insolvent. The learned counsel " then proceeded with the examination, from which it appeared that he had twelve fishing-smacks duly registered These certificates of registration were second trial there was a verdict for the plaintiff for 1007. damages and costs; for this verdict and the costs he was arrested, and having been sent to the prison at Dundalk, he filed his petition and schedule with a view to be discharged by the Insolvent Court; and DO? Hagan, Q.C. (with him Levy) applied that the insolvent might be discharged in the usual way upon bail, pending the hearing which will take place at the quarter sessions in Dundalk, on the 28th June next. The 21st section of the Insolvent Act (English analagous, 38 s.) gave the commissioner a discretionary power to admit insolvents to bail pending the hearing, upon entering into such recognisance as the court shall think fit, that the insolvent shall duly appear at the time and place fixed for the hearing of the petition, and on every adjourned hearing, and so abide the judgment of the court. There was nothing in that section which created the power to admit to bail in such cases, to prevent the court exercising its jurisdiction in that respect, no matter what the nature of the debt was for which the insolvent was of law there ought not to have been a verdict against Exham for the Rev. Mr. Smyly.-The verdict was at least prima facie evidence of malice. The action was for assault and battery, and was one of those causes of remand which were clearly pointed out by the 68th section of the Act. It was contended on the other side that, because the word malice did not appear on the pleadings, there was no evidence of malice; but every pleader knew that in a declaration for assault and battery the word malice was never introduced. The Rev. Mr. Smyly had made an affidavit in which he stated his belief that Mr. Hughes was actuated by malice towards him, because he believed he was a scripture reader. If a rule of bail hearing that the insolvent was entitled to his diswere granted it would be used as an argument on the charge. It would be defeating the ends of justice to let an insolvent out on bail against whom there was a verdict for 1001. in an action for an assault and Levy in reply. The COMMISSIONER said he felt some difficulty in the case. He thought he was wrong to have allowed the affidavits to be read; he would consider what he ought to do, and give judgment on Saturday. sent to prison, and on his application for a bail rüle it was refused. On the whole of the case he was of opinion, although malice did not appear on the pleadings, that the verdict presented at least a prima facie ground of remand which it would be then premature to investigate, and that the insolvent should remain in prison till the hearing, and if it should appear that he ought to be remanded he will get cre dit for all the time he shall then have been in prison. No rule on the motion. Assignment of future-acquired property-Equitable order by the court. Where an insolvent becomes entitled to future acquired property which cannot be taken in execution, the proper proceeding is by petition to commit the insolvent to prison if he does not assign it to his assignee. On hearing that petition the court may make such equitable order as will meet the justice of the case." ghal, was discharged in the year 1845, and since then The insolvent, who was a medical doctor in You he became entitled under the will of his aunt to some became entitled as lessee to two denominations of freehold property situate in Devonshire-place in the town of Youghal, with remainder to his son. He also leasehold property, one of which he mortgaged for nearly what it was worth, and the other he had in his own possession. A conditional order for an attachment having been obtained against him under the 79th section (English analogous 88) for an attachment to commit him to the county prison of Cork, for no assigning this property to his assignee for the benefi of his creditors, in question was future-acquired; it could not be taken in execution. The statute provided "that where an insolvent after his discharge shall become entitled to, or Levy now applied to have the order made absolute. On the following Saturday, Levy said he had found-The section of the Act was mandatory—the property a case in the LAW TIMES which he thought clearly established the proposition that, unless there was a clear and absolute ground of remand apparent on the face of the schedule or the pleadings, the insolvent ought to be admitted to bail. That although there might be an apparent ground of remand, yet if it might be explained away on the hearing, a bail rule would not be refused: (Re Western, 23 L. T. Rep. 308.) confined. But then came the 68th section (English before the jury he did not know, but he was of opi- possessed of in his own right, any stock in the public funds in this country, or other property whether the same be in Ireland or elsewhere, shall and such insolvent have refused to convey or assign same, or so much thereof as shall be sufficient to satisfy the judgment entered up against him for the amount of the debts from which he was discharged, then and in such case it shall be lawful for the assignee to apply by petition in a summary way, that the said insolvent may be taken and committed to custody; and if the contents of the petition appear to be true, then and in such case the court shall declare and adjudge, and thereupon order the said insolvent to be apprehended and committed to custody within the walls of any prison which the said court shall direct, until he shall convey and assign said property," &c. The insolvent had filed an affidavit in reply to the petition; but it did not appear that he had contracted any new debts. He was besides in receipt of a considerable income in right of his wife, on whom he had settled all his property at the time of his marriage (which was immediately before his insolvency) in fraud of his creditors. ** Power for the insolvent. The COMMISSIONER, after having taken time to consider the case, said, there was no doubt the insolvent had acted fraudulently towards his creditors by settling all his property on his wife, owing all the debts which he owed at present. No step was taken to set aside that settlement; and of course he had nothing to say to it; but the present application was with regard to property which he had acquired since his insolvency. There were two denominations of it not worth looking after, as one of them was mortgaged and the other of little value; but with regard to the property in Devonshire-place, Youghal, he would make an equitable order to meet the justice of the case. He would order the insolvent to assign it to the assignee, the assignee then to make a lease to him, reserving a profit-rent that might be accumulated for the purposes of a dividend, or to insure the life of the insolvent. He would make absolute the conditional order, with directions that it should not issue if the insolvent éxecuted the assignment. Jerit så ace190 CIRCUIT REPORTS. grinaadi (re 19 de Liverpool, Aug. 22. arose. Atherton, C. and Quain appeared for the plaintiff, and Hugh Hill, Q.C. and Spinks for the defendant. The action was brought to try the validity of an execution issued out of the Manchester Co. C., and involved a somewhat curious point arising under the County Courts Acts. by and with the advice and consent of the Lords 1. From October 24, 1855, all actions upon bills of exchange, so. may be by writ of summons as form in schedule A; plaintiff, on filing affidavit of personal service, may at once sign final judgment, as form in schedule B. From and after the twenty-fourth day of October one thousand eight hundred and fifty-five, all actions upon bills of exchange or promissory notes commenced within six months after the same shall have become due and payable may be by writ of sunThe plaintiff was an innkeeper at Sheffield, and ions in the special form contained in schedule A. to the defendant a wine merchant at Manchester, and this Aet annexed, and indorsed as therein mentioned; in the habit of supplying the plaintiff with wine and and it shall be lawful for the plaintiff, on filing an spirits in his trade. In the beginning of the present affidavit of personal service of such writ within the year, a balance was due from the plaintiff to the defen- jurisdiction of the court, or an order for leave to prodant, for which the defendant issued a plaint from the ceed, as provided by the Common Law Procedure Act Co. C. at Manchester. It appeared that the course of 1852, and a copy of the writ of summons and the business was for the plaintiff to give orders to the de- indorsements thereon, in case the defendant shall not fendant's traveller when he came to Sheffield, and the have obtained leave to appear and have appeared to goods were then sent from Manchester by the defen- such writ according to the exigency thereof, at once dant. It was now objected that the Manchester Co. C. to sign final judgment in the form contained in had no jurisdiction, as the cause of action arose at Shef-schedule B. to this Act annexed (on which judgment field, where the orders were given by the plaintiff, and no proceeding in error shall lie) for any sum not exthat the plaint should have been issued from the court ceeding the sum indorsed on the writ, together with there. On the other hand it was contended for the interest, at the rate specified (if any), to the date of defendant that there was a contract by letter from the judgment, and a sum for costs to be fixed by the the plaintiff (ordering one parcel of wine) which was masters of the Superior Courts or any three of them, posted at Sheffield and received at Manchester, and subject to the approval of the judges thereof or any that the value of the bottles for this parcel formed eight of them (of whom the Lord Chief Justices and part of the cause of action in the Co. C. of Manches- the Lord Chief Baron shall be three), unless the ter, and this was shown by the defendant's invoice, plaintiff claim more than such fixed sum, in which which contained a notice to the effect that the bottles case the costs shall be taxed in the ordinary way, and he plaintiff may upon such judgment issue execution forthwith. were to be paid for, if not returned to Manchester CORRESPONDENCE. BROWN AND ANOTHER v. ACKROYD.-ACKROYD v. GILL. In all the Yorkshire papers which I have seen, these cases were fairly reported, but the report of the first case sent to the Times is coloured and incorrect. With respect to this action for the recovery of the proctor's bill of costs, I will await the judgment of the Court of Q. B., on leave given by Mr. Baron Platt to move to enter a verdict for the plaintiffs. From the report of the Times you have, in your comments in this day's Law TIMES, assumed that my only defence on the penal action was, that I was not an officer of the County Court, whereas I was quite prepared to prove that I had not practised so as to render myself liable to a penalty; but the learned judge having held that I was not an officer of the court, rendered this proof unnecessary. MATTHEW GILL. Knaresborough, 28th July 1855.-Law Times. STATUTES OF THE SESSION. A An Act for the better Administration of Justice in abolished... 2. Writs and judgments to be directed and executed in the cinque ports as in other places. 3. On petition of inhabitants of parishes within the Thanet division, her Majesty may order such parishes to be part of said county, and county justices to have jurisdiction. 4. Justices of Kent empowered to levy county rates in the parishes and places which may be severed from Dover. 5. 51 Geo. 3, c. 36, 5 & 6 Will, 4. c. 135, and sect. 11, and part of sect. 10, of 6 & 7 Will. 4, c, 105, repealed as to places severed from Dover. 6. Places severed from Dover to continue liable to existing debt. 7. Saving as to persons committed or held to bail in places separate from Dover. 8. Compensations. 1 3. Judge may, under special circumstances, set aside judgment.-After judgment, the court or a judge may, under special circumstances, set aside the judgment, and, if necessary, stay or set aside execution, and may give leave to appear to the writ, and to defend the action, if it shall appear to be reasonable to the court or judge so to do, and on such terms as to the court or judge may seem just. 4. Judge may order bill to be deposited with officer of court in certain cases.—In any proceedings under this Act it shall be competent to the court or a judge to order the bill or note sought to be proceeded upon to be forthwith deposited with an officer of the court, and further to order that all proceedings shall be stayed until the plaintiff shall have given security for the costs thereof. 5. Remedy for the recovery of expenses of noting nonacceptance of dishonoured bill. The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for conacceptance or nonpayment, or otherwise, by reason of such dishonour, as he has under this Act for the recovery of the amount of such bill or note. 6. Holder of bill of exchange may issue one summons against all or any of the parties to the bill.-The holder of any bill of exchange or promissory note may, if he this Act, against all or any number of the parties to think fit, issue one writ of summons, according to such bill or note, and such writ of summons shall be the commencement of an action or actions against the proceedings against such respective parties shall be in parties therein named respectively, and all subsequent like manner, so far as may be, as if separate writs of summons had been issued. 7. Common Law Procedure Acts and rules incorporated with this Act. The provisions of the Common Law Procedure Act 1852, and the Common Law Procedure Act 1854, and all rules made under or by virtue of either of the said Acts, shall, so far as the same are or may be made applicable, extend and apply to all proceedings to be had or taken under this Act. 9. Prisoners in gaol of Dover Castle to be removed and Durham. The provisions of this Act shall apply, to county gaol. of frivolous or fictitious Defences to Actions thereon.sary thereto. 8. Act to apply to Court of Common Pleas, Lancaster 10. Saving rights of lord warden, &c. as near as may be, to the Court of Common Pleas at Lancaster and the Court of Pleas at Durham, and the CAP. LXVII. Judges of such courts, being judges of one of the An Act to facilitate the Remedies on Bills of Ex-Superior Courts of Common Law at Westminster, change and Promissory Notes by the Prevention shall have power to frame all rules and process neces(July 23, 1855.) 9. Her Majesty may direct Act to apply to Courts of Record in England and Wales.-It shall be lawful for her Majesty from time to time, by an order in council, to direct that all or any part of the provisions of this Act shall apply to all or any Court or Courts of Record in England and Wales, and within one month after such order shall have been made and published in the London Gazette such provisions shall extend and apply in manner directed by such order, and any Whereas bond fide holders of dishonoured bills of exchange and promissory notes are often unjustly delayed and put to unnecessary expense in recovering the amount thereof by reason of frivolous or fictitious defences to actions thereon, and it is expedient that greater facilities than now exist should be given for the recovery of money due on such bills and notes: be it enacted by the Queen's most excellent Majesty, Take notice, that if the defendant do not obtain leave from one of the judges of the courts within twelve days after having been served with this writ inclusive of the day of such service, to appear thereto, and do within such time canse an appearance to be entered for him in the court out of which this writ issues, the plaintiff will be at liberty at any time after 18 and the said C. D. has not appeared: pounds for costs of suit. ofurther said: several statutes, every friendly society not subsisting, which heretofore had been formed and established under the said Acts or any of them, shall still be deemed to be and shall continue to be a subsisting society, as fully as if this Act had not been made, unless and until such society shall be dissolved, or united with some other society as hereinafter mentionedervor of or ༣་དུ་དཀིནྡྲ་ other property shall be fairly and distinctly stated in the agreement for dissolution prior to such consent being given; and the agreement for such dissolution, duly signed as aforesaid, accompanied with a statu members and one 3. Their rules to continue in force, and enrolments to be sent to registrar++Provided also, that the rules of every such subsisting society hitherto formed and established; which have been hitherto confirmed, registered, or certified under the said Acts or any of them, va for the secretary, taken before a justice of same shall be altered or rescinded as hereinafter mentioned; and all transcripts of any of such rules which are now filed with the rolls of the sessions of the peace of any county, riding or division, city or borough, liberty or place, shall be taken off the file, and shall be transmitted, on or before the first day of November one thousand eight hundred and fifty-five, to the registrar under this Act, to be by him kept in such manner as shall be directed from time to time by one of her Majesty's Secretaries of State in that behalf 4. All their contracts, and all bonds, &c. to them, to continue in force.-Provided also, that all contracts and engagements by or with any of the said societies now valid and in force, and all bonds and securities heretofore given by any trustee, treasurer, or other officer of any such society, shall continue and be valid and in force notwithstanding the repeal of Aets. 5. or a sum payable on death, or on any other coupectively, unless the plain of every such person be first the peace, that the provisions of this Act have been exemptions, powers and privileges under this and any such trustee or officer who shall make trict with judge of the County Court of the dis Act. All such subsisting societies, whose rules have heretofore been confirmed, registered, or certified under the said Acts or any of them, shall, so long as they shall not hereafter effect an assurance to any member thereof, or other person, of any sum exceed ing two hundred pounds, or of any annuity exceeding thirty pounds per annum, enjoy all the exemptions and privileges by this Act conferred on societies to be established under the provisions of this Act, as fully as if they had been registered and certified under this Act as hereinafter mentioned. G. Registrars, how and by whom appointed.-For the purposes of this Act, there shall be three registrars of friendly societies, one for England, one for Scotland, and one for Ireland, who shall hold their respective offices during the pleasure of the Commissioners for the Reduction of the National Debt; and upon the death, resignation, or removal of any one of them, the said commissioners shall appoint another, being a barrister in England or Ireland, and in Scotland an advocate, of not less than seven years' standing, to the said office soqqu ot onere dos 11. Benevolent societies, in what case entitled to the benefits of this Act.-And whereas many provident, benevolent, and charitable institutions and societies are formed and may be formed for the purpose of relieving the physical wants and necessities of persons in poor circumstances, or for improving the dwellings of the labouring classes, or for granting pensions, or for providing habitations for the memTheir salaries. It shall be lawful for the Com-bers or other persons elected by them, and it is expemissioners of her Majesty's Treasury to pay to the dient to afford protection to the funds thereof: be present registrar for England a salary equal to that it enacted, that if two copies of the rules of any such which has been paid to him yearly in each of the institution or society, and from time to time the like three last years, not exceeding one thousand pounds copies of any alterations or amendments made in the per annum, and to pay to any registrar hereafter to same, signed by three members and the secretary be appointed for England a salary not exceeding thereof, shall be transmitted to the registrar aforesaid, eight hundred pounds a-year, and to pay to the re- such registrar shall, if he shall find that the same are gistrars for Scotland and Ireland respectively a salary not repugnant to law, give a certificate to that effect; such as the said commissioners shall direct, not ex- and thereupon the following sections of this Act, ceeding one hundred and fifty pounds a-year, every that is to say, the seventeenth, eighteenth, nineteenth, such salary to be paid by four equal quarterly pay-twentieth, twenty-first, and twenty-second, fortieth, ments; and any of the said registrars who shall be forty-first, forty-second, and forty-third, shall extend appointed, or who shall die, resign, or be removed 14. Societies may unite with others, or one society may transfer its engagements to another.—It shall be lawful for any two or more societies established under this or any of the Acts hereby repealed to unite and become incorporated in one society, with or without any dissolution or division of the funds of such, societies or either of them; or a society formed and established under this Act or any of the said repealed Acts may be allowed to transfer its engagements to any other friendly society, if any other such society shall undertake to fulfil the engagements of such society, upon such terms as shall be agreed upon by the major part of the trustees, and also of the committee of management of both societies, or the majority of the members of each of such societies atga general meeting convened for the purpose. 15. Minors may be elected as members.-A person under the age of twenty-one may be elected or admitted as a member of any society established under this Act or any of the Acts hereby repealed, the rules of which he is hereby conpoweral to execute and may and necessary struments and to give all necessary acquittances: no provided always, that during his nonage he trustee, be competent to hold any office of director, t treasurer or manager of such society. and be applicable to the said institution and society, 12. Statutes as to unlawful oaths not to extend to so- not 16. Buildings for the purpose may be purchased or leased.-It shall lawful for the trustee or trustees for the tlife being of any friendly society formed and established under this Act or under any of the Acts hereby repealed, with the consent of a majority of the members thereof present at a special or general meeting of the society, to purchase, build, hire, or take upon lease any building for the purpose of holding such metings, and to adapt and furnish the same, and to purchase or hold upon lease any land not exthereon a building what formed; relates to the objects of the society as on for holding the meetings of the For insuring a sum of money to be paid on the adbirth of a member's child, or on the death of a tember, or for the funeral expenses of the wife sor child of a member. 13. Societies, how dissolved.-It shall be lawful for the members of any society heretofore formed and es tablished or hereafter to be formed and esta2 For the relief or maintenance of the members, blished, at some meeting thereof to be specially their busbands, wives, children, brothers or sisters, called in that behalf, to dissolve or determine the nephews or nieces, in old age, sickness, or widow-same by consent: provided that no society established hood, or the endowment of members or nominees under this or any Act relating to friendly societies of members at any age:fed shall be dissolved or determined without obtaining 3. For any purpose which shall be authorised by the votes of consent of five-sixths in value of the then one of her Majesty's principal Secretaries of existing members thereof, including the honorary State, or in Scotland by the Lord Advocate, as a members, if any, to be ascertained in manner hereinpurpose to which the powers and facilities of this after mentioned, nor without the consent of all persons, Act ought to be extended: if any, then receiving or then entitled to receive any Provided, that no member shall subscribe or contract relief, annuity, or other benefit from the funds thereof, for an annuity exceeding thirty pounds per annum, to bo testified under their hands individually and rest | society, and such trustee or trustees shall thereupon fing of any part thereof; and the receipt in |