Local and Personal Acts, declared Public, and to be Judicially Noticed.

593

the construction of the sea or wharf walls along, certain branch railway from Kenilworth to Wallesey Pool; and for other purposes. Berkswell, and to widen the line from Leamington to Coventry, all in the county of Warwick; and for other purposes.

266. An Act for authorizing the sale of the Leominster Canal, and other property of the company of proprietors of the Leominster Canal Navigation, and for winding up and adjusting the concerns of the same company.

267. An Act for the better drainage of lands called Crowland Washes and Fodder Lots, Cowbit Wash, and Deeping Fen Wash, in the several parishes of Crowland, Spalding, and Pinchbeck, the hamlets of Cowbit and Peakhill, and the extra-parochial place or lands called Deeping Fen, or Deeping Fen Welland Washes, all in the county of Lincoln.

268. An Act to change the name of the Liverpool Fire and Life Insurance Company, and for other purposes relating thereto.

269. An Act to enable the National Mercantile Life Assurance Society to sue and be sued in the name of a nominal party, and for other purposes relating to the said company.

270. An Act to enable the Coventry, Nuneaton, Birmingham, and Leicester Railway Company to sell and transfer their railway, works, and interests to the London and Northwestern Midland Railway Companies, or either of them; and for other purposes.

271. An Act to enable the Saint Helen's Canal and Railway Company to make branch railways to Warrington and to Blackbrook, and to make certain alterations in their railway, and also to take a lease of the Rainford branch of the London and North-western Railway.

272. An Act to enable the Great Northern Railway Company to make a railway from Saint Alban's to the Great Northern Railway at Hatfield, and thence to the town of Hertford. 273. An Act for making a deviation in the line of the Taw Vale Railway, for making branches therefrom to the towns of Bideford and South Molton, for enlarging the dock, and for amending the acts relating thereto.

274. An act to enable the Edinburgh and Northern Railway Company to improve the Ferry between Ferry-Port-on-Craig and the North Shore of the river Tay.

275. An Act for consolidating the Lynn and Ely, the Ely and Huntingdon, and the Lynn and Dereham Railway Companies into one company, to be called "The East Anglian Railways Company."

279. An Act to enable the Manchester, Sheffield, and Lincolnshire Railway Company to sell the water not required for their canals called the Peak Forest Canal and Macclesfield Canal, and to make additional works in con nexion with such canals.

280. An Act for widening and improving Cannon Street, and for making a new street from the west end of Cannon Street to Queen Street, and for widening and improving Queen Street, and for effecting other improvements in the city of London.

281. An Act to amend an act for improving the navigation from the Hythe at Colchester to Wivenhoe in the county of Essex, and for better paving, lighting, and improving the town of Colchester; and for making a new channel and deepening the river Colne from Wivenhoe to Ram's Hard leading towards the sea.

282. An Act for better supplying with water the inhabitants of the borough of Leicester, and certain parishes and places adjacent thereto, in the county of Leicester.

283. An Act for removing doubts as to the purchase of lands by the Dock Company at Kingston-upon-Hull in certain cases.

284. An Act to purchase and define the manorial and market rights of Stockport, to establish public parks, to purchase or lease water-works, to build bridges, and to make other communications within the borough of Stockport.

285. An Act for establishing a general cemetery at Wolverhampton in the county of Stafford, and for making certain direct roads and approaches to the said Cemetery from the town of Wolverhampton and the neighbour. hood thereof.

286. An Act to enable the Great Northern Railway Company to make a branch railway near Sutton in Lincolnshire.

287. An Act to enable the Great Northern Railway Company to make certain alterations in the line and levels of their railway between London and the neighbourhood of Grantham.

288. An Act to enable the East Lancashire Railway Company to alter the line and levels 276. An Act for enlarging the present of their railway, and to make a branch railway station of the London, Brighton, and South therefrom; and for other purposes relating Coast Railway Company at or near London thereto. Bridge, and for the division of the present 289. An Act to enable the East Lancashire station between the London, Brighton, and South Coast and the South-eastern Railway Companies, for the separate accommodation of the traffic of such two railway companies.

Railway Company to extend the Liverpool, Ormskirk, and Preston, and the Blackburn and Preston lines of their railway, into Preston; and for other purposes relating thereto. 277. An Act to enable the Edinburgh and 290. An Act to enable the Northern Northern Railway Company to construct Counties Union Railway Company to make branch railways to Saint Andrew's and New-certain alterations in their railway in the burgh harbour, and to divert and alter the parishes of Aysgarth and Wensley in the levels of certain turnpike roads in the line of North Riding of the county of York. the Newport Railway Extension.

291. An Act for making several lines of rail278. An Act to empower the London and way between Penistone, Barnsley, Elsecar, and North-western Railway Company to make a Doncaster, in the West Riding of Yorkshire,

594

Local and Personal Acts.-Private Acts Printed by the Queen's Printer.

to be called "The South Yorkshire, Doncaster, | Churchman Long, deceased, and for authoand Goole Railway;" and for authorizing the rizing the leasing of the settled estates. purchase of part of the Sheffield, Rotherham, Barnsley, Wakefield, Huddersfield, and Goole Railway, and of the Dun Navigation and Dearne and Dove Canal.

292. An Act for enabling the Wear Valley Railway Company to purchase or lease the Bishop Auckland and Weardale Railway, the Wear and Derwent Railway, the Weardale Extension Railway, and the Shildon Tunnel, and to raise an additional sum of money; and for other purposes.

293. An Act for establishing a general cemetery for the interment of the dead in the parish of Newbury near the town of Newbury in the county of Berks.

294. An Act to empower the London and North-western Railway Company to make divers branch railways in the county of Lancaster; and for other purposes.

295. An Act for the consolidation of the Duffryn, Llynvi, and Porth Cawl Railway Company with the Llynvi Valley Railway Company.

296. An Act for forming and regulating "The Timber Preserving Company;" and to enable the said company to purchase and work certain letters patent.

297. An Act for improving and regulating the harbour of Sutton Pool within the port of Plymouth in the County of Devon.

PRIVATE ACTS,

PRINTED BY THE QUEEN'S PRINTER, And whereof the Printed Copies may be given in Evidence.

1. An Act to enable the minister of the parish of Dalkeith in the county of Edinburgh to feu his glebe lands lying in the said parish.

2. An Act to empower the devisees of the Most Noble Francis Duke of Bridgewater, deceased, to appropriate to building purposes a portion of Cleveland Square, in the parish of Saint James, Westminster, and to improve the approaches thereto.

3. An Act to divide the parish and rectory of Doddington, otherwise Dornington, into three separate and distinct parishes and rectories, and to endow the same out of the revenues of that rectory, and to make provision for the further division of such rectories and parishes; and for other purposes connected therewith.

4. An Act for dividing, allotting, and inclosing certain open marshes and waste lands in the township of Terrington in the county of Norfolk.

7. An Act for exchanging certain detached portions situate in the county of Sutherland of the entailed estate of Poyntzfield, belonging to Sir George Gun Munro, Knight, for the lands of Udale, situate in the county of Cromarty, belonging to James Matheson, Esq., contiguous to the said estate of Poyntzfield, and for securing the purchase of other lands, to be entailed, and to form, along with the said lands of Udale, parts of the said entailed estate of Poyntzfield.

8. An Act to rectify an error in an act of the last session, intituled "An Act to enable the Trustees appointed by Mrs. Jane Ferguson, deceased, to sell the lands of Laverocklaw, and also certain subjects situate in the village of Ormiston, vested in them in trust, and to apply the price to be obtained, and certain trust monies in their hands, in the purchase of other lands, for the purposes of the said trust.

9. An Act for exchanging hereditaments subject to uses declared by the will of Anthony Compton, Esq., deceased, for hereditaments belonging to the Right Honourable Henry Earl Grey, for selling and exchanging other hereditaments subject to the same uses, and for investing the net proceeds to arise from such sales and exchanges in the purchase of other hereditaments, to be settled to the same uses; and to authorize the granting of leases of part of the hereditaments subject to the uses of the said will.

10. An Act to enable Edward Legh and Mary Anne his wife, and others, to make and authorize sales, exchanges, and also building and other leases, of estates at Newington otherwise Newington Lucies and Lewisham respectively, in the county of Kent; and for other purposes.

11. An Act to enable Charles Gordon Duke of Richmond and Lennox to borrow a certain sum of money upon the security of his entailed estates, for repayment to him of a portion of the monies laid out by him in the improvement of these estates.

12. An Act for enabling certain estates in Ireland of the Right Honourable William Earl of Devon to be sold, and the proceeds arising therefrom, after payment of certain charges and incumbrances, to be applied in payment or towards reduction of the charges and incumbrances affecting the family and other estates in England late of the said Earl of Devon; and for authorizing the raising by mortgage of the estates in Ireland, until sold, of a limited sum of money, to be applied, under the direction of the High Court of Chancery in England, in or towards permanently improving the said estates in Ireland; and for making provision for the liquidation and payment of the principal monies and interest; and for other purposes.

5. An Act for facilitating the proof of the will of the Right Honourable George Obrien, 13. An Act for enabling the sale and conlate Earl of Egremont and Baron of Cocker-veyance of certain cottages, gardens, and other mouth, in certain actions in Ireland.

6. An Act for exchanging freehold estates belonging to Robert Kellett Long, Esq., for freehold estates settled by the will of Robert

improved lands comprised in the will of the Right Honourable John William Earl of Dudley, deceased, and for laying out the sale monies in the purchase of estates, to be settled to the uses of the said will; and for other purposes.

List of Private Acts Printed by the Queen's Printer.

595

14. An Act for authorizing the sale and ex- 24. An Act for vesting in the company of change of certain lands, collieries, heredita- proprietors of Northam Bridge and Roads cerments, and mining stock, forming part of the tain lands in the town and county of Southestate of John Bowes late Earl of Strathmore, ampton, and for empowering them to sell the and for enabling the trustees to shift the same. charges affecting the inheritance of the same 25. An Act for enabling the trustees of the lands and hereditaments; and for other pur-will of George Charles Rooke, Esq., deceased, poses. to carry into effect a contract for the purchase of the life estate and interest of Hannah Rooke, widow, in the real and personal estates of the said George Charles Rooke, respectively devised and bequeathed by his will, and for raising money for that purpose; and for payment of the debts of the said George Charles Rooke, and of the legacies and arrears of annuities bequeathed by his said will; and for other purposes incidental thereto.

15. An Act to incorporate the president and trustees of Huggens's College at Northfleet in the county of Kent, and to enable them the better to carry on the charitable designs of the said college.

16. An Act to increase the number of trustees for the management of the Dollar Institution of John M'Nabb's School, and to incorporate the trustees.

17. An Act for enabling conveyances to be made of the estate and interest of Elizabeth Goddard (who is of unsound mind) in lands and tenements a partition or division whereof is directed by a decree of the High Court of Chancery made in a cause "Whitmore v. Goddard."

18. An Act to authorize the sale of an estate called Morrant's Court, otherwise Morant's Court, otherwise Madam's Court, in the county of Kent, late the property of John Fry, Esq., deceased, and for applying the monies to arise by such sale in payment of incumbrances affecting the said estate, and for investing the residue of such monies for the benefit of the parties beneficially interested in the said estate. 19. An Act for exonerating the trustees of the deceased George Paterson, of Castle Huntly, Esq., the elder, of their expenditure in making improvements upon the entailed estates left by him; for enabling them to acquire certain lands contiguous thereto, and to grant feus; and for certain other purposes.

20. An Act for authorizing the sale of so much of the entailed lands and estates of Dundas, in the county of Linlithgow, belonging to James Dundas, Esq., as may be required to pay the debts affecting or that may be made to affect the said estates; and for enabling the said James Dundas to borrow money upon the security of the said lands and estates, for repayment of a portion of the monies laid out in the improvement of the said lands and estates, and in building a mansion house and offices for the same.

21. An Act for authorizing the granting of a new lease of certain coal mines and hereditaments in the county of Durham, late the estate of John Lyon, Esq., deceased.

22. An Act to vest in trustees certain lands in the vicinity of Glasgow which belonged to the late Colin Gillespie, for the purpose of selling a portion thereof to pay off the debt affecting the same, and of partitioning the feuing out the remainder for the benefit of his heirs.

23. An Act for extending the time for enrolling (pursuant to the statute 3rd and 4th Wilham the 4th, c. 74,) a deed executed in the colony of New South Wales for the purpose of enlarging a base fee in hereditaments at Messingham in the county of Lincoln into an estate in fee simple,

26. An Act for enabling leases, sales, and partitions to be made of certain estates in the county palatine of Lancaster heretofore belonging to John Penson and Molly his wife.

27. An Act to enable the trustees of a charity called the Leeds Free Grammar School to sell parts of the trust estates belonging to the said charity, and to purchase other lands, for the uses and purposes of the said charity; and for other purposes.

28. An Act to empower the Dean and Chapter of Westminster to sell and exchange certain lands and hereditaments in the parishes of Paddington and Saint George Hanover Square, in the county of Middlesex, and to lay out the monies to arise from such sale in the purchase of other lands and hereditaments; and for other purposes.

29. An Act to vest certain estates in the county of York in England in Alexander William Robert Bosville and Godfrey Wentworth Bayard Bosville, and in Skye and North Uist in Scotland in the Right Honourable Godfrey William Wentworth Lord Macdonald, and to enable the said Lord Macdonald to sell parts of the said estates in Scotland, for the payment of debts; and for other purposes.

30. An Act for authorizing the sale to the Right Honourable William Baron Ward of certain freehold and copyhold hereditaments in the county of Worcester devised by the will of Thomas Pickernell, Esq., deceased, and for directing the investment of the purchase money in other hereditaments, to be settled in like

manner.

31. An Act for authorizing leases to be granted for quarrying and mining purposes of certain estates in the Isle of Purbeck in the county of Dorset, subject to the uses of the will of Maria Sophia Richards, Spinster, deceased.

32. An Act for enabling the Tunstall Market Company to sell their estate and wind up their concerns, and for dissolving the company.

33. An Act to enable the trustees and executors of the will and codicil of Sir John Saint Aubyn, Baronet, deceased, to raise a sum of money towards the liquidation of his debts by mortgage of his devised estates in th county of Devon, instead of selling cer

596

List of Private Acts, not Printed.—Superior Courts: Lord Chancellor.

leasehold hereditaments in the county of Corn-, stated that this was an appeal from a decree of wall; and to enable the said trustees to convey the Master of the Rolls, and involved a prethe reversion in fee simple in the same here liminary question respecting the evidence of ditaments, vested in them for that purpose two of the plaintiff's former partners, who were under the will of the Reverend John Moles-now made defendants by order of Lord Chanworth Saint Aubyn, deceased, to the uses of cellor Lyndhurst, contrary to the opinion of the said will and codicil of the said Sir John his Lordship the Master of the Rolls, (1 Phil. Saint Aubyn, so as to convert such leaseholds 594). The bill was filed for a partnership acinto a fee simple estate in possession; and for count, and for the purpose of making the estate other purposes. of a Mr. Nash, deceased, and one of the al34. An Act for the better support and better leged partners, liable for a certain proportion regulation of the Hospital of the Holy Jesus, of the loss sustained in a corn speculation founded in the Manors in the town and county stated to have been entered into by the plaintiff of Newcastle-upon-Tyne, at the costs and conjointly with Nash, Carpenter, Webb, and charges of the mayor and burgesses of the Sheppard, who were respectively to have partown of Newcastle-upon-Tyne, in the county of ticipated in given proportions in the profits, if the town of Newcastle-upon-Tyne aforesaid, any, of the transaction, and to have contributed and for confirming sales and other dispositions in like manner to any loss which might be susmade of estates formerly part of the possessions tained. The adventure having been unsucof the said hospital; and for other purposes; cessful, Carpenter paid his portion of the deand for repealing an act of the last session of ficiency, and an account had been settled be parliament for the same purposes..

35. An Act to authorize the construction of a canal on the estates devised by the will of the late Mr. Jonathan Passingham, for the transport of bricks manufactured on such estates, and to enable the trustees of the will to complete the purchase of an adjoining estate contracted for by them; and for other

purposes.

PRIVATE ACTS,

NOT PRINTED.

36. An Act to dissolve the marriage of Robert Montgomery Martin, Esq., with Jane Avis Francis Martin, his now wife, and to enable him to marry again; and for other purposes therein mentioned.

37. An Act to extend the Relief given by an act of the 6th and 7th years of the reign of her present Majesty, intituled "An Act to declare that certain Persons therein mentioned are not Children of the Most Honourable George Ferrars Marquis Townshend."

tween the plaintiff and Webb (who had become insolvent) and Sheppard; money had been paid by the latter two, and they, upon being released by the plaintiff from all his demands upon them, had released all their claims in the partnership affair. The object of the bill was to obtain from the executors of Nash his proportion of the loss, and the Master of the Rolls had permitted the evidence of Webb and Sheppard to be read for the purpose of establishing the fact of the partnership. An objection was taken, that they had such an interest in the suit as would disqualify them from giving evidence in the cause, but the learned counsel contended that they were merely formal parties, and might therefore, by the practice of the courts of equity, be made

witnesses.

Mr. J. Russell and Mr. Smythe, contrà, submitted, that the plaintiff could not, by releasing two of several partners, obtain evidence from them whereby the remaining co-partners might be damnified. They argued that the defendants were substantial parties, as they had an interest 38. An Act to dissolve the marriage of in the subject-matter of the suit. Another Thomas Brooks with Mary his now wife, and objection was, that there was no order that to enable him to marry again; and for other their evidence should be read, but simply an order to admit it, saving all just exceptions. They cited Murray v. Shadwell, 2 Ves. & Bea. RECENT DECISIONS IN THE SUPE- 401; Blackett v. Weir, 5 Barn. & Cres. 385;

purposes.

RIOR COURTS.

REPORTED BY BARRISTERS OF THE SEVERAL

COURTS.

Lord Chancellor.

Hills v. Nash. July 26th, 1847. EVIDENCE OF UNINTERESTED PARTNERS. A bill having been filed by the plaintiff for contribution from his co-partners in an unsuccessful adventure, Held, that the evidence of those defendants who had disclaimed all profits and had been released by the plaintiff from all demands by him, was admissible for the purpose of establishing the fact of the co-partnership. Mr. Roupell, with whom was Mr. Piggott,

and Exparte Benfield, 5 Ves. 424.

The Lord Chancellor, without calling for a reply, said, he had no doubt from the statement that the evidence was receivable. To prevent it there must be an interest resulting from the suit, and not merely a remote contingent interest. After stating the facts, his lordship said the suit had terminated as to the one who had paid his share. The other two had been released by the plaintiff and had disclaimed all interest. It might have been different if there had been any profits. Their disclaimer would enable the plaintiff to reimburse himself out of the estate of Nash, and it appeared to his lordship, therefore, that the Master of the Rolls came to a right conclusion when he decided that their evidence might be

received.

Superior Courts: Rolls.-V. C. Knight Brace.-Vice-Chancellor Wigram.

Rolls Court.

697

hibit interrogatories to establish the interest of the bankrupt.

Mr. Bacon, for the plaintiff, now moved for liberty to prove the allowance of the certificate, and the execution of a release by the bankrupt, and to re-examine the bankrupt on the interrogatories upon which he had already been examined, or upon other interrogatories for that purpose. The motion was supported by an affidavit that the omission to obtain the execution of the release was purely accidental. He referred to Milward v. Atkins, (cited in a note to Cox v. Allingham, Jac. 339.)

Anon. July 28, 1847. SOLICITOR.-7 & 8 VICT. C 73.-ARTICLES. To induce the court to exercise the power given it by the 9th sect. of the 7 & 8 Vict. c. 73, of directing that the service of an articled clerk shall be taken to commence before the filing of the affidavits required by the 8th sect., some ground for the non-compliance with the regulations of the act must be shown. Mr. Toller moved, under the 9th sect. of the 6 & 7 Vict. c. 78, that the service of an articled clerk, whose articles bore date in Feb. 1846, might be directed to commence from the date of the articles, notwithstanding the omission of June 19. His Honour this day ordered, that the solicitor to whom he was articled to file the the plaintiff should be at liberty to examine the affidavit of the execution of the articles required bankrupt on the same interrogatories on which by the act, within six months after their execu- he had before been examined, or to examine tion. He dwelt upon the hardship of the clerk other witnesses to prove the certificate and rehaving to suffer for the neglect of the attorney, lease, but that the plaintiff must pay the costs but could not adduce any other reason for the of the application and of the former examinanon-compliance with the statutary requirements tion as between solicitor and client.

than inadvertence.

Lord Langdale said, that for aught he knew the attorney might be answerable in damages to the clerk, but before he could interfere, some ground for interference must be shown him. To hold that in any case of inadvertence, the rule might be dispensed with, would make it absurd, as would be seen by supposing such a provision to be inserted in the act.

Mr. Russell, for the defendants, opposed the motion, and cited Vaughan v. Worral, 2 Swanst. 401.

Vice-Chancellor Wigram.

Fisher v. Fisher. April 21 & 22, 1847.

PARTIES. EVIDENCE.-INSOLVENT.

The court refused to make an order for examining an insolvent who had been plaintiff in the original suit, although his assignees had, in consequence of the defect, filed a supplemental bill for the same objects, and asked leave to examine him.

THIS was a motion, on behalf of assignees, who were plaintiffs to the supplemental bill, for leave to examine the insolvent, who was plaintiff to the original bill, the object of both bills due from the defendant, as agent, who had rebeing identical, viz., for an account of costs ceived them for the plaintiff, (the insolvent,) his principal. The issue raised between the parties was, as to the fact of agency at the time

when the costs were received.

Mr. J. Russell and Mr. Sidney Smith apthat the insolvent's evidence was admissible, peared in support of the motion, and contended his interest having ceased from the date of the insolvency, or of the filing of the supplemental bill by his assignees.

The motion was opposed by Mr. Bagshawe, who submitted that the insolvent still remained liable in respect of the costs, and his evidence was not therefore receivable. If he were not a party, the present special application was unnecessary. Upon both grounds, therefore, it ought to be refused.

THIS suit was instituted by the purchaser from the assignees of Joseph Mould, a bankrupt, of his interest in a mortgage debt, secured upon certain leasehold premises, of which the mortgagor was a tenant in common with some of the defendants. The bill was filed for the purpose of obtaining payment of the mortgage The following cases were cited :-Hewatson debt. The plaintiff had examined the bank-v. Tookey, 2 Dick, 799; Armiter v. Swanton, 1 rupt as a witness to prove his interest, at the Amb. 393; Mutteux v. Mackreth, 1 Ves. J. time of the bankruptcy, in the mortgage debt, 142; Ewer v. Atkinson, 2 Cox, 393; The Corbut, the cause coming on to be heard, an ob-poration of Colchester v. jection was taken to his evidence being read, in 595; Wheeler v. Malins, 4 Mad. 171; Sharp v. consequence of his not having released his in- Hullett, 2 S. & S. 496; Benson v. Chester, Jac. terest in the surplus under the fiat, and it 577; Lord Huntingtower v. Sherborn, 5 Beav. was accordingly ordered that the cause should 380; Edwards v. Goodwin, 10 Sim. 123; stand over, with liberty for the plaintiff to ex- Robertson v. Southgate, 5 Hare, 223.

1 P. Wms.