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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.


Michaelmas Term, 1847.

(Concluded from page 224, ante.)

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Queen's Bench.
Clerks' Names and Residences.

To whom Articled, Assigned, &c.
Markby, Henry, 53, Acton Street, Gray's Inn
Road; Halesworth .

John Crabtree, Halesworth
Mellor, John William, 21, Queen's Row, Pen-
tonville ; and Swinton Street

W. G. Taylor, John Street, Bedford Row
Milner, Dennis, 2, Charles Street, Gibson
Square; and Moore

J. T. Marsh, Warrington
Marlow, Thomas, 6, Frederick Place; and

John Foster, Walsall
Miller, William, 23, Wilton Place, Belgrave
Square; and Beeles

R. Bolum, and S. W. Rix, Beeles
Meggison, Robert Graham, Newcastle-upon-
Tyne; and York

J. Russell, York
Micklem, ' Thomas, 39, Holford Square ; John Weedon, Reading
Maidenhead; 8, Lloyd Square

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
Neale, William John, 24, Liverpool Street,

Gray's Inn Road; East Retford; and
East Street, Queen's Square

John Mee, East Retford
Norman, George Lewis, 5, Wigmore Street;

Messrs. Newman and Lyon, Yeovil
Owen, Owen, Pwllbeli

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
Pollard, George Octavius, 35, Dorset Sireet,
Portman Square

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
Prescott, George William, Stourbridge Rowland Price, Stourbridge
Pretty, Henry Granger, 28, Albert Street,

Mornington Road; and Tettenball A. H. Browne, Wolverhampton
Parr, William, 17, Portugal Street, Lincoln's

R. W. Parr, Poole
Pickop, William, 39, Argyle Street, New Henry Hargreaves, Blackburn
Road; and Blackburn

C. R. Craddock, Gray's Inn



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Attorneys to be Admitted. Pratt, John Forster, 7, Arthur Street, Gray's

Inn Road; and Berwick-upon-Tweed Robert Weddell, Berwick-upon-Tweed
Poore, Philip Henry, 29, Alfred Street, Bed-
ford Square; and Andover

William Everett, Andover
Picard, Alfred Christopher, 41, Newington

W. Phelps, Red Lion Square
Reynolds, William Collett, Great Yarmouth;
12, New Milman Street

Charles John Palmer, Great Yarmouth
Rouse, James, 4, South Square, Gray's Inn Charles Ranken, South Square
Robinson, Thomas, 4, Albany Road, Barns-
bury Park

Thomas Mitton, Southampton Buildings
Rogers, Walker Goddard, 12, Bayham Street

South, Camden Town; and Southampton Charles Long, Southampton
Roche, Charles Bennett, 38, Gloucester Street,
Queen's Square ; and Daventry

Thomas C. Roche, Daventry
Raven, John, 43, Manchester Street

, Gray's Inn Road; and Hawkeshead .

John Slater, Hawkshead
Rowlands, Edward Richard, Worcester Thomas Barneby, Worcester
Robinson, William, 17, Parkenham Street,

Charter House Square; and Richmond,

Henry Allison, Richmond, Yorkshire
Symms, John Lockhart, 20,

Hermes Street,
Pentonville ; 9, Cottage Grove, Walworth Charles Davison Scott, Furnivals Inn
Spicer, Ralph North, 17, Great Ormond Ralph Spicer, Great Marlow

G. Waller, jun., 24, Finsbury Circus
Smith, William Ackers, Lower Road, Deptford George Hildyard, Furnivals Inn
Stoker, John George, Newcastle-upon-Tyne ;
Albany Street

John Clayton, Newcastle-upon-Tyne
Sladen, Douglas Brooke, 22, Doughty Street, William T. Neve, Cranbrook

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
Smallwood, John, 37, Lower Park Street, Is-

William Spurrier, Birmingham
Shekell, Thomas Stevens, Pebworth ; 11,
Gower Place ; Pershore

Edwin Ball, Pershore
Scoones, Francis, Tonbridge; 14, Feather-
stone Buildings

Messrs. Scoones and Alleyne, Tonbridge
Seymour, Hugh Callan, Leigh Street, Burton
Crescent; Bath

John Physic, Bath
Smith, William Frederick, Hemel Hempstead : William Smith, Hemel Hempstead
Score, Charles Call, 43, Carey Street

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
Sansom, Samuel, 66, Judd Street, New Road;

Powis Place; Great Ormond Street James Burton, Powis Place
Trollope, William Mann, 37, Chester Square,

Messrs. Rogers, Manchester Buildings
Thornton, George, Bradford

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

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Attorneys to be Admitted.
Upward, Walter, 12, Hamilton Place, New Samuel White Sweet, Basinghall Street

G. F. P. Sutton, Basinghall Street
Worthington, Thomas, '60, Carey Street; 6,
Myddleton Square

Edward Trollope, 60, Carey Street
Walker, William, 15, Ranelagh Grove, Pimlico William Bartholomew, 3, Gray's Inn Place

Richard Henry Witty, Essex Street

Edward Strick, 159, Fenchurch Street
Wallingford, Edward Alfred, St. Ives

George Game Day, St. Ives
Waring, Thomas, 123, Chancery Lane John Francis Bellwood Fay, Ruthin

Edward H. Edwards, 11, New Palace Yard

Thomas Kirk, 10, Symond's Inn
Watts, G. Augustus Everitt, St. Leonard,

Charles Henry Turner, Exeter
Wilson, Robert jun., 103, Lower Thames St.;
and Berwick-upon-Tweed

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
Wallis, George Oakes, 13, King Street, Port-
man Square; Derby

William Eaton Mousley, Derby
West, Frederick, 20, John Street, Pentonville;
Edwin Place, Peckham; Highgate

Thomas Lott, Bow Lane, Cheapside.
Notice of Admission in Michaelmas Term, 1847, pursuant to Judges' Orders.
Alcock, Joseph Locker, 89, Hatton Garden Thomas Bisgood, Carey Street

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, John Parry, formerly called John

Jones, Ruthin, Denbigh, and 32, Alfred James Vaughan Horne, Denbigh
Street, Bedford Square

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
Roy, William Gascoyne, 37, Great George
Street, Westminster

Richard Roy, 32, Lothbury
Shaw, Henry, Billericay

George Shaw, Billericay
Toynbee, Robert, New Sleaford ; 13, Warwick

Court; 26, Albert Street, Regent's Park. William Foster, New Sleaford
Yates, Alfred, 7, Liverpool Street, Broad St. Saul Yates, Bury Street, St. Mary Axe.

Edward I. Sydney, Liverpool Street.
The following Notice was put under the Door on the Evening of the 18th or Morning of the

19th instant. Taylor, John, jun., 9, Pakenham Street, Gray's

Inn Road; Green Terrace, Clerkenwell ;
Isle of Ely

Thomas Ayliff, Holbeach,

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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






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.








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