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Attorneys to be Admitted, tion, but one of their own principal officers, be correctly answered. The proposed althe Master, always presides, and is thus teration, however, should be well consienabled to increase or moderate any strict- dered, and if adopted, ample notice should ness or severity in conducting the examina- be given of the time when it will come into tion. After, however, ten years' trial, it operation. The number and nature of the may, perhaps, be expedient,-if not to ex- questions seem to be confided to the extend (as some have suggested) the number aminers, but any material change in the and difficulty of the questions,—yet to re- present practice must be done with the quire a larger proportion than at present to sanction of the judges.
ATTORNEYS TO BE ADMITTED,
Michaelmas Term, 1847.
(Concluded from page 224, ante.)
To whom Articled, Assigned, &c.
John Crabtree, Halesworth
W. G. Taylor, John Street, Bedford Row
J. T. Marsh, Warrington
John Foster, Walsall
R. Bolum, and S. W. Rix, Beeles
J. Russell, York
Henry Darvill, New Windsor Morris, Edward, 6, Southampton Street,
Mornington Crescent; Hereford ; Wellington Street, Strand; Halywell House; Haverstock Ilill
John Cleave, Hereford Myers, John, Manchester
Already admitted in the Court of C. P. at
Lancaster Nicholl, John James, 16, Ely Place
Robert Southee, 16, Ely Place
Gray's Inn Road; East Retford; and
John Mee, East Retford
Messrs. Newman and Lyon, Yeovil
Thomas Ellis, Pwllheli Ottaway, Philip Watson, 35, Charter House
Square; Staplehurst; East Place, Ken
nington Road; and Burton Street . G. J. Ottaway, Staplehurst Oxley, John, jun., 12, River Street, Myddle
ton Square ; Rotherham; Gerrard Street,
John Oxley, Rotherham
Powell, Broderip and Wilde, 9, New Square Pemberthy, Henry, Devonport; 12, Harring
ton Street, North Hampstead Road . George Pridham, Plymouth Price, Richard Hope, jun., 18, St. Thomas Street, East ; Tettenhall
J. B. Deaken, and Wm. Dent, Wolverhampton
Mornington Road; and Tettenball A. H. Browne, Wolverhampton
R. W. Parr, Poole
C. R. Craddock, Gray's Inn
Attorneys to be Admitted. Pratt, John Forster, 7, Arthur Street, Gray's
Inn Road; and Berwick-upon-Tweed Robert Weddell, Berwick-upon-Tweed
William Everett, Andover
W. Phelps, Red Lion Square
Charles John Palmer, Great Yarmouth
Thomas Mitton, Southampton Buildings
South, Camden Town; and Southampton Charles Long, Southampton
Thomas C. Roche, Daventry
, Gray's Inn Road; and Hawkeshead .
John Slater, Hawkshead
Charter House Square; and Richmond,
Henry Allison, Richmond, Yorkshire
G. Waller, jun., 24, Finsbury Circus
John Clayton, Newcastle-upon-Tyne
Mecklenburgh Square; and Cranbrook I. France, 24, Bedford Row Smith, Albert, 14, Royal Hill, Greenwich;
Stoke Damerel; Upper Stamford Street;
Blackheath; and St. Thomas Street, East John Smith, Devonport.o: Symes, Charles Pitman, Coombe near Sherborne, Dorsetshire; Liverpool
Messrs. Statham and Horner, Liverpool Stockwell, Augustine Ambrose, 29, Manches
ter Terrace, Islington; and Solley Ter- G. Selby, Lincoln's Inn Fields race, Pentonville
E. Mackeson, Lincoln's Inn Fields Stretton, George, 2, Great Russell Street, Co. George Freeth, Nottingham vent Garden
George Rawson, Nottingham
William Spurrier, Birmingham
Edwin Ball, Pershore
Messrs. Scoones and Alleyne, Tonbridge
John Physic, Bath
Charles Score, Sherborne
Thomas Turner, Bath Stansfield, John Fish, 3, Mornington Place,
Hampstead Road; Patmos, Todmorden; and Accrington
James Stansfield, Ewood, near Todmorden Selby, John Caleb, 32, Tavistock Piace, Knowles King, Maidstone and Sheerness
Robert Edmeades, Sheerness
Powis Place; Great Ormond Street James Burton, Powis Place
Messrs. Rogers, Manchester Buildings
William Wells, Bradford Tippetts, J. Berriman, jun., 6, Pancras Lane J. P. Tippets, Pancras Lane Thomas, William Joseph, 4, Canonbury Park,
Islington ; Hay; Brecon ; and Hereford . Alfred Rendall, Hay Turner, John Barnabas, 31, Haymarket; Thomas Moseley, 13, Bedford Street, Covent
Kensington; Garden Terrace, Hyde Park Garden Underhill, Henry, 9, Montague Place'; River
Terrace, Islington; Wolverhampton Edward Bennett, Wolverhampton
Attorneys to be Admitted.
G. F. P. Sutton, Basinghall Street
Edward Trollope, 60, Carey Street
Richard Henry Witty, Essex Street
Edward Strick, 159, Fenchurch Street
George Game Day, St. Ives
Edward H. Edwards, 11, New Palace Yard
Thomas Kirk, 10, Symond's Inn
Charles Henry Turner, Exeter
J. C. Weddell, Berwick-upon-Tweed Winfred, William, 6, Elysium Row, Fulham; and Hart Street, Bloomsbury .
Charles Addis, Great Queen St., Westminster White, John, jun., 9, Grosvenor Place, Cam- J. White, sen., Barge Yard Chamber, Buckberwell Road
lersbury Woolcott, John, 20, Frederick Street, Gray's
Inn; Wimborne Minster; Drummond
Street Road; and Calthorpe Place Henry Rowden, Wimborne Minster Whiteman, Alfred, Eastbourne
R. Terrewest, Eastbourne Wittey, Henry, 24, Trinity Square; and Colchester
Samuel Wittey, Colchester Wilson, Richard, Leeds
John Shackleton, Leeds
William Eaton Mousley, Derby
Thomas Lott, Bow Lane, Cheapside.
William Carr Foster, 28, John Street Abrahams, Michael, 19 A, Cambridge Terrace, Hyde Park
Samuel Abrahams, 4, Lincoln's Inn Fields Byam, Joseph Davies, Bristol
Joseph Baker Grindon, Bristol Bromet, John Addinell
, 15, Lower Calthorpe Street; and Tadcaster
Richard Baillie, Tadcaster Clay, Charles, jun., Knighton
Richard Green and Thomas Peters, Knighton Falconar, J. B. jun., Newcastle-upon-Tyne John Fenwick, Newcastle-upon-Tyne Headley, Tanfield George, 35, Gloucester Place, Portman Square
Robert William Peake, 11, New Palace Yard Johnson, James Henry, 9, Åmpton Street, Gray's Inn Road
William Ghrimes Kell, 43, Bedford Row
Jones, Ruthin, Denbigh, and 32, Alfred James Vaughan Horne, Denbigh
James Proctor, New Square, Lincoln's Inn Indermaur, John, 21, Friedenstein Terrace,
Mornington Road; Quickset Row, St.
Edmund Sharp, 2, Devonshire Terrace King, Samuel Leyson Wickens, 22, Wilming- Samuel King, Wilmington Square; Furnival's ton Square
Inn Lough, John jun., 12, Featherstone Buildings;
John Samuel Warren, Langport Eastown and Langport Eastown
John S. Gregory, Bedford Row
Richard Roy, 32, Lothbury
George Shaw, Billericay
Court; 26, Albert Street, Regent's Park. William Foster, New Sleaford
Edward I. Sydney, Liverpool Street.
19th instant. Taylor, John, jun., 9, Pakenham Street, Gray's
Inn Road; Green Terrace, Clerkenwell ;
Thomas Ayliff, Holbeach,
REPORTED IN ALL THE COURTS.
Analytical Digest of Cases : Court of Review.
269 ANALYTICAL DIGEST OF CASES, benefit of creditors employ an agent to proceed
to America to recover part of the assigned property. Afterwards the debtors become bank.
rupt, and three of the trustees are appointed Court of Review.
assignees. Held, that, under the circumstances BANKRUPTCY.
of the case, the assignees ought to be allowed
in their accounts the expense of employing the ACT OF BANKRUPTCY.
agent. See Lunatic; Keputed Ownership, 2.
For the purpose of bringing expenses within
the description of just allowances, it is not neAFFIDAVIT OF DEBT.
cessary to show that they have actually bene. Taken off file. Affidavit of debt filed under fited the estate, if there was a fair probability 1 & 2 Vict. c. 110, s. 8, ordered to be taken off of their so doing. Where there had been no the file with the creditor's assent. Anon, 1 De audit of the assignee's accounts, and large Gex, 334.
sums had been received by them, it was held, And see Removal of Fiat.
that the official assignee acted properly in calling for an audit, although 25 years had elapsed
since Death of one bankrupt before adjudication. - made any complaint; but the court being of
any step had been taken, and no creditor Where one of the bankrupts died before the ad- opinion that the official assignee inight with judication under a joint fiat, the fiat was ordered little difficulty and at a small expense have sato be amended by omitting his name. Exparte tisfied himself that the circumstances did not Hall, 1 De Gex, 332.
render it incumbent on him to continue to pro. ANNUITY.
secute a claim against the creditor's assignee, Set-off
. — Valuation. — Assignees who had he was not held entitled to his full costs as brought an action against an annuity creditor against the latter, there being no estate. Exof the bankrupt on a cross-demand were, on parte Shaw, 1 De Gex, 242. the petition of the creditor, submitting to the
Case cited in the judgment: Exparte Christy, 3 jurisdiction of the court, restrained from pro
M. & A. 90. ceeding in the action. Exparte Law, i De Gex, 2. Assignee's accounts.
Where the solicitor 378.
to the fiat received and paid all monies on acSemble, that the commissioner has no juris- count of the estate, and at the audit the acdiction to value the annuity for the purpose of counts were verified by his affidavit as to their its value being set off in an action. Èxparte accuracy, and the affidavit of the assignees that Law, i De Gex, 378.
they had neither received nor paid anything, ANNULLING FIAT.
except what had been so received and paid by
the solicitor; but there was nothing to show 1. Costs.-A fiat was issued at the bank- that either of the assignees had, either as to inrupt's instance, and on a petition by a creditor, formation or belief, verified the accuracy of the assented to by the bankrupt and the assignees, accounts. Held, that the accounts ought to be the same was annulled, with costs to be paid opened and retaken, although three years had out of the estate, the petitioner undertaking to passed since the audit. Exparte Rees and anissue a new fiat immediately. Exparte Lowtell, other, 1 De Gex, 205. in re Dutchman, 33 L. 0.527.
Case cited in the judgment: Exparte Woolston, 2. The debtor, on being served with the sum- 3 M. D. & D. 702. mons, called on the creditor's solicitor and saw his clerk, at whose instance the debtor signed
BANKRUPT'S EXPENSES. a memorandum promising to pay at a certain Changing venue of fiat.—Bankrupt allowed time, or that if he did not, the creditor might his expenses arising from changing the venue proceed on the summons. The debtor was at- of the fiat after adjudication. Exparte Cheesetended by no solicitor on his behalf, and was borough and another, 1 De Gex, 333. not aware of the irregularity in the proceedings. Held, that neither the signature of the memo
BANKRUPT'S FIAT. randum nor his failure to attend the summons
After he has ceased trading.--Creditor's pea prevented his impeaching the regularity of the tition to annul.-Semble, a man who has ceased proceedings, but that the fiat ought to be an- to trade cannot sue out a fiat against himself, nulled with costs. Exparte Greenstock, 1 De unless he owes a debt contracted during the Gex, 230.
trading which would support a creditor's fiat. 3. Surrender.-Petition of bankrupt to annul A creditor who has successfully opposed an the fiat heard, although he had not surrendered, application by an insolvent for relief under 5 & the time for his surrender having expired be- 6 Vict. c. 116, on the ground that he is a tween the presentation of the petition and the trader, cannot afterwards petition to annul a fiat hearing. Exparte Hodson, i De Gex, 374. sued out by the insolvent himself for want of And see Office Fees, 2.
trading. Exparte Mitchell, 1 De Gex, 267. ASSIGNEE'S ACCOUNTS.
See Priority of Costs. 1. Official assignee's duty in calling for old accounts.- Trustees under an assignment for Without order.- When an assignee bought
DEATH OF BANKRUPT.
Analytical Digest of Cases : Court of Review. in without an order, he was ordered to make security: Held, that the creditor ought not to good the loss occasioned hy a re-sale. Expurte be called upon to refund. Exparte Follett, 1 Gover, 1 De Gex, 349.
De Gex, 212.
COVENANT AS TO BUILDING. See Bankrupt's expenses.
In a contract for a purchase of land, there is a stipulation that the conveyance shall be made
subject to certain conditions and restrictions as 1. Contempt. -- Irregular order. – Although to building upon the land, and to a covenant an order of commitment should contain an ex- for their observance, and proper provisions for press adjudication that a contempt has been securing the due performance thereof: Held, committed, the want of an express adjudication that this contract entitled the veodor to have a is not sufficient ground for discharging the power of entry inserted in the conveyance in order. Exparte Van Sandau ; Exparte Turner case of a breach of the covenant, but not t and another, i De Gex, 303.
have a term of years, or a rent-charge limited Cases cited in the judgment: In re the St. to a trustee. Form of the power of entry which
James' Evening Post, 2 Auk. 469; Morgan v. the vendor is entitled to have : Quære, whether Jones, 1745, Lord Hardw.; Totherby v. Pres- such covenants as the above run with the land. ton, 26 Mch. 1748 ; Priestly v. Lamb, 5 Ves. Exparte Ralph and another ; Exparte Hastings 420 ; In re Quick, 20 Dec. 1806; Lechmere and others, i De Gex, 219.
Charlton's case. 2. An order of commitment may direct the
See Amending Fiat. party committed to pay the costs of the party complaining, but not his costs, charges, and
DIVIDEND. expenses. Exparte Van Sandau ; Exparte 1. Stay of, to admit proof.--Dividend stayed Turner and another, 1 De Gex, 303.
to give opportunity of proving to creditors who Cases cited in the judgment: Bullen v. Ovey, had delayed proving for 11 years, no dividend
16 Ves. 141 ; Leonard v. Attwell, 17 Ves having been declared for upwards of 11 years 385.
after the fiat issued. Exparte Sturton and 3. Irregular Warrant.
Damages. — When others, 1 De Gex, 341. the party complaining obtained a warrant for
2. General right to come in when dividend the apprehension of the party ordered to be stayed.-Opening dividend at instance of one committed, and delivered it to the officer by creditor lets in others to prove. Exparte Bouwhom it was executed, and afterwards the ner, 1 De Gex, 343. party committed was discharged on his own application, and various orders were made
Reading examination.—Examinations before founded on the commitment, and it afterwards the commissioner cannot be read as evidence appeared that the warrant was by an oversight on a petition. Exparte Rees and another, 1 De not sealed : Held, that the commitment was in- Gex, 105. valid--that the consequent order ought to be discharged, and that the party committed was
EXAMINATION, entitled to recover damages from the party ob- Where no creditor's assignee has been taining the process.
Exparte Van Sandau ; ch the bankrupt cannot be allowed to pass Exparte Turner and another, 1 De Gex, 303.
his last examination as of course. In re Wells, 33 L. 0. 503.
And see Evidence. See Trading.
Where no assets. -Semble, That an insolvent Set-off:--Lien.-Quære, whether it can be petitioner, or a bankrupt on his own petition, made part of the order that the creditor should having no property to be distributed amongst set off his debt against the costs ; and whether creditors, is not within the scope and meaning any consideration of the lien of the debtor's of the statute 7 & 8 Vict. c. 96.-In re Gilham; solicitor would prevent such an order being In re Alex. Braughan, 33 L. (. 378. made. Exparte Greenstock, 1 De Gex, 230.
And see Annulling Fiat, 1; Commitment, 2; Insolvent; Official Assignee, 2; Proof, 2; Sur
See Proof, I. render, 2.
See Order in Chancery. Refunding amount received on security.
JURISDICTION. Where all parties acted under an impression that a security was for the whole amount of a risdiction to open accounts audited and passed
Quære, Whether the commissioner has judebt, and 21 years had elapsed since the security was given, but no evidence could be pro- Exparte Rees and another, 1 De Gex, 105.
by commissioners under the old jurisdiction. duced of any contract except one for security to a limited amount, which was exceeded by the amount received by the creditor upon his See Reputed Ownership, 3.