206 Privy Council Appeals.-Chancery Cause Lists, LIST OF APPEALS. SOLICITORS OR PROCTORS. APPELLANTS, RESPONDENTS. . . . . . . . . Ramrutton Rae. Furrook-oon-Nissa Bengal, Jan. 4, 1847 . Sutton & Ewens. Desborough and Young, pt. hd. Mussumat Gholab Collector of Be. Koonwur. nares Bengal, Jan. So, 1847 R. Clarke Lawfords. Rany Pudmavati . Baboo Dcla Singh Bengal, February 16, 1847 . Same . Same. Fennel Bate . Court of Arches March 30, Rothery Jenner, Dyke and 1847 Jenner. Ras Muni Dibiah . Prawn Kishen Doss Bengal , April 13, 1847 : : R. Clarke . Lawfords, Rany Srimuty Di. biah Rany Khoond Suta Bengal, April 13, 1817 . . Same . . Same. Representatives of the Count de Commissioners of Beavan and An. Solicitors to Trea. Wall French Claims . April 20, 1847 derson sury. Bainbridge . Bainbridge Bombay, April 23, 1847 . Cherrill Pownal. Phillips (Annie) Phillips (Revell). Court of Arches, April, 23 1847 . Toller . . . Toker. Shersby. . Hibbert. . High Court of Admiralty, Rothery Deacon, (ship D. May 6, 1847 of Manchester. Vyphins . . Dyett . British Guiana, May 18,1847 Whitaker . . . Gregory & FaulkLogan Lemesurier, Canada, May 19, 1847 Oliverson & Co. Simpson & Cobb. Flint Walker . Walton. . Prerogative Slade, Wadeson & 1847 Crickitt. New South Wales, May 25, Farrer. (Esparte appel. asia 1847 lant.) Cameron. . Butts. . British Guiana, May 22, 1847 Jones & Trinder, (exparte respond ent.) Green . Ryan High Court of Admiralty, Stokes . Pucklé (ship SeMay 25, 1847 ringapatam.) Store. Barnes . Court of Arches, May 28, . Tebbs. . Toller. Pattinson's Patent Extension, (Desilverization of Lead), to be heard on the 21st June, at 10 a. M. Smith and Robertson's Patent Extension, (Spinning Machinery), to be heard after the preceding case. } } Chancery Cause Lists. 207 Wire-bancellor of England. Short, Brydges v. Holmes. Jarvis v. Wardale. Parkin v. Balgrove, fur, dirs, and costs. ditto. RECTIONS. Sewell v. Murray, otherwise Clarke, 4 causes, Lysure v. Marryat. Vice-Chancellor knight Bruce. CAUSES, FURTHER DIRECTIONS, AND EXCEPTIONS. Raven v. Kirl, exons. Skey v. Garlike, dem. Michas., Dodsworth v. Lord Kinnard, 2 causes. Smith v. Bury and Ipswich Railway Company. Ditto, Smith v. Smith, 3 causes. S.O. G. Wastell v. Leslie, 8 causes, exons, and S.O. Bonsfield v. Mould, 2 causes pt.hd. fur. dirs. Barker v. Birch, Esans v. Crosbie. June 24 Same v. Same, Wills v. Same. 28 Ditto v. ditto, cause Sutton v. Clifford, fur. dirs, and costs. Grant v. Hutchinson Hackett v. Clifton ditto. Dickenson v. Callbeck. Attorney-General v. Grainger Schofield v. Calmac. Governors of Christ's Hospital by order. June 19, Gillan v. Morrison. v. Grainger June 19, Massey v. Duncan. S.O. Webb o. Webb. Edinburgh Life Insurance Company v. Jones. Byrn v. Hay, fur, dirs, and costs. Congreve 7. Harrison. Herring v. Hay. Howells v. Williams. Hiles v. Moore June 29, Sparkman v. Heming. Same v. Gleadow Jnne 28, Reynolds 0. Whelan. Same v. Moore July 1, Sband v, Shand, Carpenter v. Bott, exons. June 30, Cunliffe v. Lawrence, Edwards v. Priestly, fur. dirs, and costs.' July 1, Goodricke v. Ward. Steward v. Forbes. July 2, Beaumont v. Henneli. Tinslay v. Genese. July 5, Blair v. Ormond. Bourne v. Dufaur, fur. dirs. & costs and petn. Ditto Clark v. Cook, Paynter v. Kingdon, 3 causes. Ditte Smith v. Short. Robinson v. Smith, fur. dirs. and costs. July 18, Perrott v. Novelli. Waller o. Westcott, diito. July 8, Bull v. Falkner. Cochran v. Fearon, exons. June 21, Penrice v. Penrice. Anning v. Hurley, fur, dirs, and costs. July 18, Goodricke v. Moore. Rippin o. Dolman, ditto. Short, Hall v. Gee. Rand 7. M‘Malon, exons, and fur. dirs. July 14, Smith v. Mornington. Hewlett r. Welliugton, fur. dirs. and costs. June 21, Wroughton v. Colquhoun, fur. dirs, and Major o. Major, 2 causes. petn. Rand 3. MMahon, esons. July 15, Sewell v. Walker. Charobers v. Waters, exons. June 21, Harrison, v. Branfil, fur. dirş. and costs. Hickson v. Mainwaring. Short, Gilbard v. Pike. Same v. Smith July 16, Arnold v. Barlow, 25th June, Taylor v. Webley, fur. dirs, and costs. Short, Ferraby v. Ferraby. Milros v. Milroy far. dirs, and costs. July 16, Weaver », Grant. Ditto v. Dean Brewster v. Thorpe, 2 causes. Wade v. Smith, fur, dirs, and costs. Nokes v. Earl of Kilmorey. Chambre v. Siggers. Parker v. Constable, 3 causes. Ditto Sturgis. Makepeace v. Jury. Vice-Chancellor lligram. CAUSES, FURTHER DIRECTIONS, AND EXCEPTIONS. Carter v. Barnard, Michs. T., Menzies ». Desanges. Marks v. Solomons. Michs. T., Attorney-General v. Ward. Strother v. Dutton, exons. June 30, Phillipson v. Gatty. Short, Rawlins v. Rawlins. To fix , Moor v. Vardon, Chambers v. Artis, exons. a day | Ditto v. Lachlan. Hopkinson v. Metaxa. • Say v. Creed. Curling v. Hebert, Short, Dowle v. Lucy, fur. dirs. and costs. Marr o. Hastlehurst. Walker v. Holloway. Walsh y. Trevanion. Clarkey. Melville. S.O.G. Ditto v. Rickards. June 19, Rochfort v. Lambert, fur. dirs, and pe. tition, pt. bd. Short, Bartholomew v. Bartholomew. June 30, Gatty v. Pbillipson. 5 Belsham v. Percival Ditto v. Harrison, } } 208 Chancery Cause Lists.---Circuits of the Judges.- Parliamentary Proceedings. Arnold v. Sturgis. costs. Bateman v. Wilks. { Fagge v. Fagge, } • 10 • 12 • 16 . Cardiff Wednesday July 7 Hertford Abingdon Thursday. 8 Friday 9 Buckingham Saturday York & City Oxford Monday: Winchester. Chelmsfd. Tuesday 13 Bedford Newtown Carmar Worcester Wednesday 14 Northamp (then Friday (ton Huntingdon [& City Dolgelly Haverford Monday . 19 Stafford Carnarvon (west&TO Wednesday . 21 Nottingham Exeter & Co. Norwich & Cardigan Thursday . 22 [& Tn. Maidstone Beaumaris (City Saturday. • 24 Derby Durham Brecon Shrewsbury Ruthin Ipswich Hereford Mold Presteign Thursday 29 Leicest. & B. Newcastle & Monmouth 31 [Tn. Croydon Saturday Chester Chester Monday Aug. 2 Oakham Carlisle Monday 2 Coventry Wednesday 4 Warwick Bridgewater Glo'ster & C. Thursday 5 Appleby Saturday 7 Lancaster Wednesday. . 11 Devizes Liverpool Monday 16 Bristol . ............ . . PROCEEDINGS IN PARLIAMENT RE House of Commons. NEW BILLS IN PROGRESS. Encumbered Estates (Ireland). Re-com mitted. Koyal Assents. June 21, 1347. Highways Bill. In Committee. Poor Removal. Registration of Voters. Re-committed. Towns Improvement Clauses. Parliamentary Electors. For 2nd reading. Drainage of Lands. Vexatious Actions. In Committee. Joint Stock Companies. In Committee. House of Commons Taxation of Costs. For NEW BILLS IN PROGRESS. further consideration of report. Poor Laws Administration. For 3rd read. London City Small Debts. For 2nd reading. Juvenite Offenders. For 3rd reading. ing. Highway Rates. For 2nd reading. Abolition of Mastership in Chancery. For 2nd reading Clergy Offences. In Committee. Abolition of Public Office in Chancery. For 2nd reading. The Legal Observer, , DIGEST, AND JOURNAL OF JURISPRUDENCE. SATURDAY, JULY 3, 1847. " Quod magis ad nos HORAT, ALTERATIONS IN THE JURIS- Jnishes another illustration of the absence of DICTION IN BANKRUPTCY AND consideration, and want of practical knowINSOLVENCY. ledge, evinced by those who have unfortunately had sufficient influence to induce the legislature to adopt so many ill-advised The bill proceeding through parliament, measures. The jurisdiction of the Court to abolish the Court of Review and alter of Bankruptcy, under the 8 & 9 Vict. c. the jurisdiction in bankruptcy and insol- 127, was in a great degree superseded by vency, has undergone several changes of the County Courts Act, (9 & 10 Vict. c. greater or less importance since its intro- 95,) which in effect confined it to cases in duction to the House of Lords. We have which judgment may still be obtained in now before us a copy printed by order of the superior courts, for a sum not exceedthe House of Commons on the 25th of ing 201. In those cases, under the present June, after the bill had come from the bill , the jurisdiction is divided between the House of Peers. The fourth section is Court for the Relief of Insolvent Debtors altered and remodelled in various particu- and the County Courts, in the same manner lars. The mistake noticed in our last num- as the jurisdiction in insolvency. One reber, (ante, p. 187,) of transferring the juris- sult produced by this arrangement is somediction in bankruptcy in cases where a fiat what anomalous. The judges of the County issues on the petition of the trader, under Courts are entrusted with a power—which the 7 & 8 Vict. c. 96, s. 41, bas been cor- the judges of the superior courts are exrected, by confining the transfer of jurisdic- pressly deprived of,- to give effect to the tion to so much of the recited acts as re- judgments of the superior courts by comlates to "matters of insolvency." Ou the mittal. The judges of the superior courts other hand, a provision has been introduced may be called upon to discharge a debtor into this section transferring the jurisdic- who has been arrested upon a judgment tion and authority of the Commissioners of obtained in one of the superior courts for the Court of Bankruptcy under the Small a debt not exceeding 201. , but they have Debts Act, (8 & 9 Vict. c. 127,) to the no power to order such a debtor to be deCourt for the Relief of - Insolvent Debtors tained in custody. The judges of the and the judges of the County Courts; and County Courts, however, have authority it is provided that the provisional assignee under this bill, conjointly with the 8 & 9 of the Insolvent Court, and the Clerk of the Vict. c. 127, to commit a debtor, against County Court, shall be and act as the whom judyment has been signed in one of official assignee of the estate and effects of the superior courts for a debt under 201., the insolvent. for any period not exceeding forty days. The transfer of jurisdiction under the An easy method of evading the penal Small Debts Act seems to bave been an consequences, and defeating the operation, afterthougit, and the manner in which it is of the 8 & 9 Vict. c. 127, is, we presume, sought to be carried out in this bill fur- unintentionally suggested by the provisions VOL. XXXIV. No. 1,008. L 210 Alterations in the Jurisdiction in Bankruptcy and Insolvency. of the new bill. The 8 & 9 Vict. c. 127, sioner of the said court for the relief of insolr. s. 1, provides that the creditor may obtain ent dehtors shall henceforth, singly, be and a summons from any Commissioner of the form a court for every purpose under all acts Court of Bankruptcy, or any Court for the now in force or which may hereafter be in force relating to insolvent debtors." Recovery of Small Debts, - within the jurisdiction of which euch debtor shall re- - I this clause stood, without any further side or be." The bill under consideration, provision, the difficulty suggested as to however, provides, that the defendant summonses issued against judgment debtors, against whom a summons issues “shall under the 8 & 9 Vict. c. 127, would exist have resided for six calendar months next with respect to insolvent debtors. An inimmediately preceding the suing out of solvent who did not reside in one place for any such summons,” within the district of six months next preceding the date of his the court issuing the snmmons. The clause petition, would not have a locus standi as by which this uncalled for alteration is an insolvent petitioner in any court, This effected, and which is numbered five in appears to have been foreseen, and is atthe printed bill, is as follows: tempted to be provided for, though we will not take upon us to say effectually, as re“That from the time this act shall commence and take effect , the Court for the Relief of In- gards insolvent debtors, by the 7th section, solvent Debtors in England, and the commis- which is in these words :sioners thereof, and the judges of the county courts aforesaid, shall have jurisdiction in all “ Provided always, That if any such insolvent matters of insolvency and debt under the afore shall not have so resided for six months in ang said act, in manner following ; (that is to say,) one place as aforesaid, then the jurisdiction the said court for the relief of insolvent debtors, aforesaid in matters of insolvency shal be vested and the commissioners thereof, in all cases in either in the court for relief of insolvent debtors which the insolvent, in cases of insolvency, or in Loudon, or in such one of the said county the defendant, in the case of any summons courts as the said court for the relief of insol. issued under the aforesaid act for the better se vent debtors shall from time to time order." curing the payment of small debts, shall have resided for six calendar months next immedi There is no siinilar provision, nor any ately preceding the time of filing his petition, other provision, as to the jurisdiction under or of the suing out of any such summons afore- the Small Debts Act, and, as already said within the counties of Middlesex or Hert- stated, the consequence will be, if the bill ford, or within such parts of the counties of passes in its present form, thai a judgment Kent, Surrey, Sussex, and Essex as do not ex- debtor under 201., who accidentally or inceed the distance of 20 miles from the General tentionally changes his place of domicile the said court and the commissioners thereof so as not to reside at any time for six under the aforesaid acts is hereby restricted, months in any district, will be altogether and the judges of the county courts aforesaid, exempted from the operation of the act, in all cases wherein the insolvent or defendant Why a fraudulent or contumacious debtor, shall have resided elsewhere, and shall have re- shifting his place of residence, should be sided for six calendar months next immediately placed in a more favourable position, and preceding the time of filing his petition, or the not subjected to the punishment that awaits suing out of any summons within the district of the judge of the court to which such insolvent one who is not of a migratory habit, those ishall prefer his petition, or to which any plain- who have framed the bill can best explain! tiff may apply for any summons as aforesaid, The latest edition of the bill retains the and that every commissioner of the court for clause (numbered 11) authorising the Lord the relief of insolvent debtors, and every judge Chancellor to give directions for sittings of of the county courts aforesaid, shall, from and the Court of Bankruptcy elsewhere than in after the time this act shall commence and take London, although a similar authority is aleffect, have and exercise, in the prosecution of such petitions and summonses filed and issued ready conferred upon that functionary, in in such courts respectively, the like power and nearly the same words, by the 7 & 8 Vict. authority in all respects under the aforesaid c. 96, section 44. It is more remarkable, acts as the commissioners of her Majesty's and much more objectionable, that no pro Court of Bankruptcy and district courts of vision is introduced to avoid the palpable bankruptcy have heretofore had and exercised, absurdity already pointed out, (ante, p. 186,) on the presentation of petitions of the insolvent of calling upon the Commissioners for the debtore, and on such summonses as aforesaid Relief of Insolvent Debtors to administer Ewchode and shall each of them, singly, be two distinct, and in some respects, adverse, such acts, except as hereinafter otherwise and form a court for every purpose under this systems of Insolvency Law under the same or the aforesaid acts; and that every commis- roof, and it may be within an hour, the in |
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