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sented Aug 29, directed to be heard before Stirling, J., on Sept 14. Whitfield, REEVE, JAMES, Trowbridge, Wilts. Sept 29. Jones, Trowbridge Finsbury pavement, solor for petner

SEWELL, SARAH ALERS, Eastbourne. Oct 10. Gellatly & Co, Lombard et MINING SECURITIES AND INVESTMENT TRUST, LIMITED-Pet for wlading up,

presented Aug 24, directed to be heard before Stirling, J., on Sept 7. Maddi SHOREY, WILLIAM, Yetminster, Dorset, Farmer. Sept 22. Bollen, Yeovil son, King's Arms yard, solor for petner

STRACHAN, FRANCES, Newcastle upon Tyne. Sept 9. Swan, Newcastle upon SHINGLETON ICE CO, LIMITED-By an order made by Kekewich, J, dated Aug

Tyne 17, it was ordered that the voluntary winding up of the company be continued.

USHER, ANN, Durdham Down, Bristol. Nov 28. Hunt & Co, Bristol
Burton, Blackfriars rd, solor for petner

WHITWORTH, Sir JOSEPH, Stancliffe Hall, Derby. Oct 18. Darbishire & Tatham,
UNLIMITED IN CHANCERY.

Manchester
SOVEREIGN LIFE ASSURANCE Co-Pet for winding up, presented Aug 5,

directed to be heard before Kekewich, J., on Sept 7. Robinson, Philpot lane,
solor for petner
FRIENDLY SOCIETIES DISSOLVED.

WARNING TO INTENDING HOUSE PURCHASERS AND LESSEES. -Before purchasing
SUSPENDRD FOR THREE MONTHS.

or renting a house have the Sanitary arrangements thoroughly examined by an INKERMAN, LODGE, LEEDS UNITED ORDER OF ODD FELLOWS' FRIENDLY 80- expert from The Sanitary Engineering & Ventilation Co., 115, Victoria-st., WestCIETY, Miners' Arms, Albert rd, Morley, Leeds. Aug 26

minster (Estab. 1875), who also undertake the Ventilation of Offices, &c.-(ADVT.] LOYAL REFORMED ORDER OF ODD FELLOWS' FRIENDLY SOCIETY, New Inn,

Mary st, Bridgnorth, Salop. Aug 26 PRIDE OF ST ANDREW'S LODGE ORDER OF DRUIDS FRIENDLY SOCIETY, Coach and Horses Inn, South Church, Bishop Auckland, Durham. Aug 26

BANKRUPTCY NOTICES.

London Gazette.-FRIDAY, August 26.
CREDITORS NOTICES.

RECEIVING ORDERS.
UNDER ESTATES IN CHANCERY.

ABERCROMBIE, EDGAR, Market pl, Oxford st, Brass Manufacturer. High Court.
LAST DAY OF CLAIM.

Pet Aug 23. Ord Aug 23
London Gazette.-FRIDAY, August 26.

BANKS, WILLIAM, Cumberworth, Lincolnshire, Farmer. Boston. Pet Aug 22.
BRETT, WILLIAM RICHARD, Hampstead, Licensed Victualler. Sept 30. Lane v Ord Aug 22
Brett, North, J. Squire, Gt James st

BAKER, GEORGE WILLIAM, Bradford, Insurance Broker. Bradford. Pet Aug 22.
BENNETT, WILLIAM PARSONS, Gt Russell st, Bookseller. Sept 23. Bingley v Ord Aug 22
Bennett, Stirling, J. Lee, New inn, Strand

BARTLETT, SARAH ANNIE, Brighton, Milliner. Brighton. Pet Aug 9. Ord
London Gazette. - TUESDAY, August 30.

Aug 23
MASON, THOMAS, Heaton, Lancaster, Farmer. Sept 24. Mason y Mason, Regis- BROOKS, WILLIAM CHARLES, Crowle, Lincolnshire, Grocer. Sheffield. Pet Aug
trar of Preston. Catterall, Preston

23. Ord Aug 23
BUCKLER, JOHN, Plymouth, Boot Maker. East Stonehouse. Pet Aug 24. Ord

Aug 24

CATCHPOLE, JOSEPH JAMES, Mells Brickfield, nr Halesworth, Brick Maker. Great
UNDER 22 & 23 VICT. CAP. 35.

Yarmouth. Pet Aug 24. Ord Aug 24
LAST DAY OF CLAIM.

DAVIES, DAVID THOMAS, ARNOLD FOSTER BARHAM, and JAMES HALL, Birming.
London Gasette.-FRIDAY, August 26.

ham. Brassfounders. Birmingham., Pet Aug 23. Ord Aug 23 ALLFREY, HENRY WELLS, Alveston, Warwick, Esq. Oct. 15. Withall & Co, DEACON, MATTHEW, Harrogate, Baker. York. Pet Aug 23. Ord Aug 23 Great George at

GANDER, and - BATCHELOR, Bexhill, Sussex, Builders. Hastings. Pet ANNISS, JAMES, Plymouth, Gent. Sept 20. Graves, Devonport

Aug 20. Ord Aug 20 BLACKMORE, RICHARD, Churchstanton, Devon, Gent. Oct 1. Kite, Taunton

HEAFFORD, JOHN RICHARD, Loughborough, Milliner. Leicester. Pet Aug 20.

Ord Aug 20 BRAY, JANE, Margate. Sept 24. Isaacson, Margate

HODGES, JAMES, West Derby, nr Liverpool, Law Stationer. Liverpool. Pet BROOKMAN, STEPHEN, Deptford, Gent. Oct 1. Sandom & Co, Gracechurch st

Aug 24. Ord Aug 24

HOWES, MARY ANN, Widnes, Lancashire, Butcher. Liverpool. Pet Aug 8.
BUTLER. LINDSEY HOLLAND, Victoria st, Westminster, Esq. Oct 31. Mead & Ord Aug 23
Sons, Coventry st

HUNT, JOSIAH SEPTIMUS, Leyland, Lancashire, Builder. Pet Aug 10.

Ord COTTRELL, GEORGE, Canterbury, Gent. Oct 11. Sankey & Flint, Canterbury

Aug 22 ELLIS, RICHARD RICH WILFORD, Compton Gifford, Devon, Retired Colonel. Sept JACKSON, JOHN UPTON, Sheffield, Tailor. Sheffield. Pet Aug 23. Ord Aug 28 24. Greenway & Son, Plymouth

JAMES, ELIZA, Newport, Salop, Cooper. Stafford. Pet Aug 20, Ord Aug 20
FOREMAN, ANN, Harrington st. Sept 30. Wells, Paternoster row

KEEP, WILLIAM JOHN, Liverpool, Tailor. Liverpool. Pet July 29. Ord Aug 34
GOLDSBURY, FRANCES RACHEL, Wimbledon. Oct 3. Ashby & Compton, Queen
Victoria st

KNIGHT, HENRY REGINALD, Newcastle on Tyne, Clerk. Newcastle on Tyne. GREEN, JOHN ATHERTON, Allerton, Lancaster, Retired Farmer. Nov 1. Welsby

Pet Aug 23. Ord Aug 23 & Co, Southport

NIELSEN, DITLEFF CHRISTIAN VILHELM, Landport, Hamps, grocer. Portsmouth. LAING, JAMES, Cromwell place. Oct 1. Radcliffes & Co, Craven st

Pet Aug 22. Ord Aug 25

PEARCE, THOMAS ALBERT, Bt Albans, Retired Licensed Victualler. St Albans. LYALL, ROBERT, Cheltenham, Gent. Sept 30. Ticehurst & Sons, Cheltenham

Pet Aug 2. Ord Aug 18 MORRIS, JOHN, Bedford. Sept 80. Adderley & Marfleet, Longton

PHILLIPS, ABIATHAR, Abercorn, Mon, Tea Dealer. Newport, Mon. Pet Aug 23.

Ord Aug 23 PARRY, MARY, Chester. Sept 30. Evans, Chester

PICKARD, JOHN HENRY, Maindee, nr Newport, Mon, Grocer. Newport, Mon. POOLE, THOMAS, Chelsea. Sept 30. J. H. & J. Y. Johnson, Lincoln's inn fields

Pet Aug 23. Ord Aug 23 SAUNDERS, JOHN WRIGHT, Gloucester, House Furnisher. Sept 29. Franklin,

SARGENT, ALFRED, Topsham, Devon, Licensed Victualler. Exeter. Pet Aug 10. Gloucester

Ord Aug 22
Scorts PATRIOEDulwich Wood Park, Surrey, Esq. Sept 26. Gosling & Co, SCHELD: ROBERT, Woolton, nr Liverpool, Bank Manager. Liverpool. Pet Aug
SHERWIN, WILLIAM, Southampton, Esq. Sept 29. Fisher & Co, Ashby de la

SHIELD, WILLIAM GEORGE, Hebburn, Durham, Boot Dealer. Newcastle on
Zouch

Tyne. Pet Aug 22. Ord Aug 22 THORNTHWAITE, WILLIAM, Stockton. Oct 1. Brayshay, Stockton on Tees

SHORT, WILLIAM GEORGE, Southsea, Florist. Portsmouth. Pet Aug 23. Ord

Aug 23 TIZARD, JANE, Liverpool. Oct 1. T. J. Smith & Son, Liverpool

STANTON, THOMAS, Nottingham, Grocer. Nottingham, Pet Aug 23. Ord WALES, WILLIAM, Langton St Andrews, Lincoln, Farmer. Sept 20. Tweed &

Aug 23

STEPHENSON, EDWARD, Lincoln, Law Writer. Lincoln. Pet Aug 22. Co, Lincoln

Ord

Aug 22
WARBUDTON, CATHERINE, Haslingden, Lancaster. Oct 7. Woodcock & Sons,
Haslingden

STOKES, ALBERT, Nottingham, Baker. Nottingham. Pet Aug 24. Ord Aug 24
WARD, JOHN CHARLES, Portland, Farmer. Sept 29. Howard, Weymouth

SWIFT, BENJAMIN, Elland, Yorks, Coal Merchant. Halifax. Pet Aug 22. Ord WEST, JAMES, Northfleet, Kent, Carpenter. Sept 17. Tolhurst & Co, Gravesend

Aug 22

WALMSLEY, GEORGE FREDERICK, Church, Lancs, Gent. Blackburn. Pet July WILKINSON, HENRY Cox, White Webb's Park, Enfield, Esq. Oct 7. Collyer

26. Ord Aug 23 Bristow & Co, Bedford row, W.O.

WILLIS, WILLIAM, Maidenhead, Carman. Windsor. Pet Aug 22. Ord Aug 22 WOOD, ANN, Nottingham, Oct 29. Buckby & Perry, Nottingham

WINGFIELD, WILLIAM, 8t Leonards on Sea, Engineer. Hastings. Pet Aug 18. London Gazette.-TUESDAY, August 30.

Ord Aug 18 ANNISS, JAMES, Plymouth, Gent. Sept 20. Graves, Devonport

WORTHINGTON, ZEBULON, Bolton, Coal Dealer. Bolton, Pet Aug 24. Ord

Aug 24 BAKER, JAMES, Scarborough, Draper. Sept 3. Drawbridge & Rowntree, Scar

FIRST MEETINGS. BALSHAW, LOSEPH, Bolton, Lancaster, Cashier. Sept 27. Balshaw & Hodgkin- BARKER, GEORGE WILLIAM, Bradford, Insurance Broker. Sept 5 at 11. Of Rec,

31, Manor row, Bradford BLUNDELL, THOMAS WELD, Ince Blundell, Lancaster, Esq. Sept 26. Liverpool

Weld,

BERRIDGE, WILLIAM, Longley st, Bermondsey, Corn Dealer. Sept 2 at 11. 83,

Carey at, Lincoln's inn BROWN, ROBERT, Chester le street, Durham, Husbandman. Sept 26. Harle, BRADSHAW, THOMAS, Blackburn, Plumber. Sept 5 at 2.30. County Court house, CARYON, HARRIET, Truro. Sept 14. Carlyon & Kerby, Truro

BRISCOE, HENRY JOHN, Litherland, Lancs, Merchant. Sept 5 at 12. Off Rec, 35, DIXON, MARGARET, Gateshead, Durham. Oct 1. Elødon & Dransfield, New

Victoria st, Liverpool castle upon Tyne

BURNETT. WILLIAM HALL, Middlesborough, Printer. Sept 2 at 12.15. Station ELPHICK, ELI, Brighton, Cattle Dealer. Oct 8. Haselwood & Co, Brighton

Hotel. York FOSTER, SARAH, Ovington sq, Brompton. Sept 26. Hudson & Co, Queen Vic

OHAPMAN, WILLIAM, Grimston, Norfolk, Farmer. Sept 9 at 10. Court house, toria st GILDING, MARY, Bath. Oct 1. Clennell, Gt James st, W.O.

CHATTOCK, RICHARD F, Upper Thames st, Tin Plate Merchant. Sept 6 at 11. 33, HOG JOHN, Hadleigh, Suffolk, Corn Merchant. Oct 1. Grimwade, Hadleigh

COKE, REGINALD, Harrington gdns, South Kensington, Lieutenant in Scots HUGHES, WILLIAM, Gt Neston, Chester, Licensed Victualler. Oct 1. Kent & Co,

Guards. Sept 6 at 12. 33, Carey st, Lincoln's inn Liverpool

DEACON, MATTHEW, Harrogate, Baker. 'Sept 6 at 2. Off Rec, York JACOMB, OHARLES, Springfield, Upper Clapton, Wool Broker. Nov 1. Janson &

FITZGERALD, MICHAEL, Bristol, Coal Dealer. Sept 3 at 12. Off Rec, Bank chbrs, KAY, ANN, Church rd, Islington. Oct 8. Gush & Co, Finsbury circus

FREEMAN, THOMAS, Stafford, Contractor. Sept 14 at 11.30. County Court, StafLOYE, ANN, Plymouth. Oct 11. Adams, Plymouth NEWMAN, HENRY, Bishop's rd, Paddington, Job Master. Oct 31. Stephens, Hochos, HORARIOS HOMannhet, Fall Mall, Wine Merchant. Sept 2 at 11. Banka

GARLICE, JOSEPH, Oldham, Lancs, Draper. Sept 2 at 3.30. Off Rec, Ogden's Orchard st, w.

ruptcy bldgs, Lincoln's inn

borough

HASELDEN. THOMAS JAMES, Rhyl, Flint, Teacher of Music. Sept 2 at 12. Off PICKARD, JOHN HENRY, Maindee, ar Newport, Mon, Grocer, Newport, Mon. Rec, Crypt chbrs, Chester

Pet Aug 23. Ord Aug 24 HEAFFORD, JOHN RICHARD, Loughborough, Milliner. Sept 3 at 11.30. 28, Friar PINCKNEY JOHN ASHWORTH. Toxteth park, Lancashire, Accountant. Liverpool.

lane, Leicester HIPPSLEY, CHARLES, Clevedon, Somersetshire, Butcher. Sept 3 at 11.30. Off POPPLETON, WILLIAM, Walsall, Bridle Cutter. Walsall. Pet Aug 2. Ord Rec, Bank chmbrs, Bristol

Aug 24 HOWBS, MARY ANN, Widnes, Lanos, Butcher. Sept 8 at 3. Off Rec, 35, Victoria RANSOM, 8, Gray's inn road, Builder. High Court. Pet July 15. Ord Aug 22

st. Liverpool HUMMELL, F, Montpelier st, Knightsbridge, Watch Maker. Sept 2 at 12. 33, RICHARDS, JOSEPH, Christchurch, Mon, Engineer. Newport, Mon. Pet Aug 20. Carey st. Lincoln's inn

Ord Aug 22 HUNT, JOSIAH SEPTIMUS, Leylands, Lancs, Builder. Sept 5 at 11. 16, Wood st,

SHARP, GEORGE HENRY, Bishop Auckland, Grooer. Durham. Pet July 29. Ori Bolton

Aug 24 JAMES, ELIZA, Newport, Salop, Cooper. Sept 12 at 1.30. County Court, Staf

SHEPHERD, THOMAS, Warrenby, Yorks, Grocer. Stockton on Tees, and Middlesford

borough. Pet July 12. Ord Aug 23 JOHNSON, HENRY, Farnborough, Hants, Draper. Sept 2 at 11. 16 Room, 30 and

SHORT, WILLIAM GEORGE, Southsea, Florist. Portsmouth. Pet Aug 23. Ord 31, St Switbin's lane

Aug 23 KING, BARNETT, Newport, Mon, General shopkeeper. Sept 9 at 12. 12, Tredegar SQUIRE, JOHN, and SQUIRE, ALBERT, Acle, Norfolk, Farmers. Norwich. Pet pl, Newport Mon

July 20. Ord Aug 22 KING, HARRY GEORGE, Buckingham, Poulterer. Sept]6 at 11.30. 1, 8t Aldates, STEPHENSON, EDWARD, Lincoln, Law Writer. Lincoln. Pet Aug 22. Ord Aug 22 Oxford

SUTTON, WILLIAM, Hampton in Arden, Warwiokshire, Coal Merchant. BirmingKING, RICHARD, Wellington, Coal Dealer. Sept 3 at 11.30. Off Rec, 9, Middle st, ham. Pet Aug 9. Ord Aug 22 Taunton

SWIFT, BENJAMIN, Elland, Yorks, Coal Merchant. Halifax. Pet Aug 22. Ord KITTS, CHARLES, and KITTS, WALTER JOHN, Folkestone, Poulterers. Sept 2 at Aug 22 9.30. 32, St George's st. Canterbury

SWINBORN, JOHN DEAN, High road, Kilburn, Umbrella Manufacturer. High KNIGHT. HENRY REGINALD, Newcastle on Tyne, Clerk. Sept 5 at 12. Off Rec, Court. Pet Aug 16. Ord Aug 23 Pink lane, Newcastle on Tyne

TAYLOR, FRANCIS NICHOLAS, Leverington, Cambs, Farmer. King's Lynn. Pet LIBBY. BENJAMIN, Penzance, Innkeeper. Sept 2 at 12. Off Rec, Boscawen st, Aug 13. Ord Aug 22 Truro

WALKER, GEORGE, Dudley, Draper. Dudley. Pet Aug 13. Ord Aug 20 LIVINGSTON, HENRY BIAS, Stafford, Shoe Manufacturer. Sept 5 at 11.30. County Court, Stafford

London Gazette.-TUESDAY, Aug. 80. NIELSEN, DITLEFF CHRISTIAN VILHELM, Cheapside, Grocer. Sept 8 at 3.30. 166,

RECEIVING ORDERS. Queen st, Portsea PEMBERTON, OLIVER JAMES, Sutton Coldfield, Warwick, Licensed Victualler. ALLEN, ROBERT, Latimer rd, Notting hill, Pianoforte Manufacturer. Pet Aug Sept 6 at 3. Off Rec, 25, Colmore row, Birmingham

26. Ord Aug 26 PHILLIPS, ABIATHAR, Abercarne, Mon, Tea Dealer. Sept 6 at 12. Off Rec, 12, ARTHUR, DAVID BEYNON, Kidwelly, Carmarthen, Grocer. Carmarthen. Pet Tredegar pl. Newport, Mon

Aug 26. Ord Aug 26 PICKARD, JOHN HENRY, Maindee, nr Newport, Grocer. Sept 6 at 11. Off Reo, BENSON, WILLIAM, Osgodby, Yorks, Thrashing Machine Proprietor. York. Pet 12, Tredegar pl, Newport, Mon

Aug 24. Ord Aug 24 POPPLETON, WILLIAY, Walsall, Cutter. Sept 5 at 11.30. Off Rec, Walsall DAVIS, DANIEL THOMAS, Birmingbam, no occupation. Aberystwith. Pet Aug 4. PURSHOUSE, JOHN, Churchbridge, nr Cannock, Stafford, Beerhouse Keeper. Sept EASBY, THOMAS, jun, and JOSEPH EASBY, Redcar, Yorks, Painters. Stockton on

Ord Aug 25 5 at 11 Off Rec, Walsall RAW, HENRY THORNTON, Furnival's inn, Solicitor. Sept 2 at 11. Bankruptcy EVANS, THOMAS SAUNDERS, Wallingford, Berks, Plumber. Oxford. Pet Aug 23.

Tees and Middlesborough. Pet Aug 24. Ord Aug 24 bdgs, Portugal st, Lincoln's inn fields RICHARDS, JOSEPH, Maindee, Mon, Engineer. Sept 3 at 12. 12, Tredegar pl, FINLEY, JOHN, Temple st, Whitefriars, Licensed Victualler. High Court. Pet

Newport, Mon SAGE, T BUSH, Elgin avenue, Paddington, Builder. Sept 2 at 12. 83, Carey st, FLINTHAM, RICHARD, Higham Ferrers, Northampton, Farmer. Northampton.

Aug 27. Ord Aug 27 Lincoln's inn

Pet Aug 26. Ord Aug 25 SARGENT, ALFRED, Topsham, Devon, Licensed Victualler. Sept 5 at 11. Castle of Exeter, at Exeter

HAYLOCK, WILLIAM DAINTREE, Go Grimsby, Ironmonger. Gt Grimsby. Pet

Aug 26. Ord Aug 28
SHIELD, WILLIAM GEORGE, Hebburn, Durham, Boot Dealer. Sept 5 at 11. Off
Rec, Pink lane, Newcastle on Tyne

HUGHES, THOMAS, Wolverhampton, Japanner. Wolverhampton. Pet Aug 27.

Ord Aug 27
SILVER, RICHARD, jun, Tittle Row, nr Maidenhead, Machinist. Sept 3 at 11.
Herbert & Son, 95, Peascod st, Windsor

HUMBLE, JOICEY, Newcastle on Tyne, Rope Manufacturer. Newcastle on Tyne.

Pet Aug 27. Ord Aug 27 SWIFT, BENJAMIN, Elland, Yorks, Coal Merchant. Sept 5 at 3. Off Rec, Town. hall chbrs, Halifax

JOHNSON, JEM, Hedon, Yorks, Fellmonger. Kingston upon Hull. Pet Aug 27,

Ord Aug 27
TAYLOR, FRANCIS NICHOLAS, Leverington, Cambridge, Farmer. Sept 9 at 10.30.
Court house, King's Lynn

JONES, JOHN, Wrexham, Hosier. Wrexham. Pet Aug 27. Ord Aug 27
TURNER, GEORGE, Strafford rd, Acton, Florist. Sept 2 at 12. 16 Room, 30 and 31, KELF, JAMES, Hardy ter, Wood green, Auctioneer. Edmonton. Pet Aug 9.
St Swithin's lane

Ord Aug 23 WILSON, BENJAMIN, Church Lawton, Cheshire, Farmer. Sept 2 at 11. Off Rec, LEVI, MORRIS, Leeds, Boot Manufacturer. Leeds. Pet Aug 25. Ord Aug 25 28, King Edward st, Macclesfield

McWALKER, WILLIAM, Darlington, Draper. Stockton on Tees and MiddlesWORTHINGTON, ZEBULON, Bolton, Lancs, Coal Dealer. Sept 7 at 11. 16, Wood st,

brough. Pet Aug 12. Ord Aug 25 Bolton

PRATT, ISAAC, Blyth, Northumberland, Boot Manufacturer. Newcastle on Tyne. The following amended potices are substituted for those published in the

Pet Aug 25 Ord Aug 25
London Gazette of Aug. 19.

QUELCH, WILLIAM HENRY, Sittingbourne, Boot Maker. Rochester. Pet Aug

25. Ord Aug 25 BOND, CHARLES FREDERICK, Carisbrooke, I. W., Retired Major in Army. Sept RANDS, WILLIAM, Scarborough, Baker. Scarborough. Pet Aug 26. Ord Aug 26 WILLIAMS, JOHN, Newport, 1. W., Butcher. Sept 17 at 3. Of Rec, Newport ROBINSON, JOHN WOODBURN, Barrow in Furness, Carter. Ulverston and Bar

row. Pet Aug 26. Ord Aug 26 ADJUDICATIONS.

SUGAR, Max, Holborn circus, Fancy (toods Dealer. High Court. Pet July 11. ARCHER, ALFRED JAMES, Josephine avenue, Brixton, no occupation. High

Ord Aug 25 Court. Pet July 23. Ord Aug 22

SMITH. WILLIAM EDWARD, Cheltenham, Solicitor. Cheltenham. Pet July 28. BANKS, WILLIAM, Cumberworth, Lincolnshire, Farmer. Boeton. Pet Aug 22. Ord Aug 24 Ord Aug 22

THOMAS, JOHN, Gwennap, Cornwall, Farmer. Truro. Pet Aug 26. Ord Aug 26 BARKER, GEORGE WILLIAM, Bradford, Insurance Broker. Bradford. Pet Aug 22. Ord Aug 22

TURNER, ELIZA, East India rd, Poplar, Tailor. High Court. Pet Aug 24. Ord

Aug 26 BARNES, WALTER, Puller rd, West Barnet, Grocer. Barnet. Pet June 28. Ord

UNDERHAY, WILLIAM ELGAR, Dittisham, Devon, Farmer. East Stonehouse.
Aug 18
BROOKS, WILLIAM CHARLES, Crowle, Lincolnshire, Grocer. Sheffield. Pet Aug VARNEY, THOMAS, Liverpool st, Boot Maker. High Court. Pet Aug 24. Orð
23. Ord Aug 23

Aug 24
BURNETT, GEORGE THORNE, Stogumber, Somersetshire, Grocer. Taunton. Pet
July 19, Ord Aug 24

WATKINS, ANNIE FIELD, Cheltenham, Schooln istress. Cheltenham. Pet Aug

26. Ord Aug 26 CASEY, EDWIN, Southampton, Furniture Dealer. Southampton. Pet Aug 19. Ord Aug 22

WHEELER, JOHN ROBERT, Rhyl, Painter. Bangor. Pet Aug 25. Ord Aug 25 CHALK, MICHAEL, Bideford, Hatter. Barnstaple. Pet Aug 17. Ord Aug 23 WILLICOMBE, ALFRED, John st, Adelphi, Colliery Agent. High Court. Pet Aug

10. _Ord Aug 25 CURTIS, RICHARD, Aldersgate st, Builder. High Court. Pet April 15. Ord | WILLS, ROBERT HENRY, Totnes, Licensed Victualler. East Stonehouse. Pet Aug 24

Aug 25. Ord Aug 25
DAVIS, SAMUEL, Kingston upon Hull, Fish Merchant. Kingston upon Hull. Pet
July 18. Ord Aug 23

The following amended notices are substituted for those published in the

London Gazette of August 9.
ELIOTT, ŠAMUEL, Alphington, Devon, Nurseryman. Exeter. Pet July 30. Ord
Aug 24

ADAMS, HENRY CADWALLADER, Shepperton, Esq. Brentford. Pet Aug 8. Ord

Aug 5 FREEMAN, THOMAS, Stafford, Contractor. Stafford. Pet Aug 19. Ord Aug 24 TURNER, GEORGE, Strafford rd, Acton, Florist. Brentford. Pet Aug 3. Ord GARLICK, JOSEPH, Oldham, Draper. Oldham. Pet Aug 19. Ord Aug 23

Aug 3 GRIFFITHS, WILLIAM GEORGE, Lydney, Gloucestershire, Draper.

The following amended notice is substituted for that published in the
Newport,

London Gazette of Aug 23.
Mon Pet Aug 12. Ord Aug 22,
HARRIS, MONTAGUE, Bristol, Glass Factor. Cheltenham. Pet Aug 16. Ord

VARNEY, HENRY, Liverpool st, Bootmaker. High Court. Pet Aug 10. Ord Aug 22

Aug 20

RECEIVING ORDER RESOINDED. HASELDEN, THOMAS JAMES, Rbyl, Flintshire, Teacher of Music. Bangor. Pet ROCKE, W L, residence unknown, Officer in ist Wits. High Court. Ord Aug 18.

Kesc Aug 27 HODGES, JAMES, West Derby, or Liverpool, Law Stationer. Liverpool. Pet

FIRST MEETINGS. Howes, MARY ANN, Widnes, Lancashire, Butcher. Liverpool. Pet Aug 6. Ord ABRAHAM, SOLOMON, Darlington, Draper. Sept 6 at 1.30. Queen Hotel, Leeds KING, BARNETT, Newport, Mon, General-shop Keeper. (Newport, Mon. Pet

ALBERT, EDWARD, EMANUEL ALBERT, and FRANCIS HAUPTMAN, Station rd,

Willesden, Glass Manuf:cturers. Sept 7 at 12. Bankruptcy bldgs, Portu.

gal bldgs, Portugal st, Lincolo's inn fields KING, HARBY GEORGE, Buckingham, Poulterer. Banbury. Pet Aug 13. Ord BENSON, WILLIAM, Osgodby, York, Thrashing Machine Proprietor. Sept 6 at 12. KNIGHT, HENRY REGINALD, Newcastle on Tyne, Clerk. Newcastle on Tyne. BERESFORD, HUGH W., Knockholt, Kent, Gent. Sept 7 at 1. Bankruptcy bldgs,

Portugal st, Lincoln's ion fields LEGG, GEORGE FRANCIS, St James's st, Solicitor. High Court. Pet June 29. BUCKLER, JOHN, Plymouth, Boot Maker. Sept 9 at 11, 18, Frankfort st, Ply

mouth NIELSEN, DITLEFF CHRISTIAN VILHELM, Landport, Hampshire, Grocer. Ports CATCHPOLE, JOSEPH JAMES, Brickfield, nr Halesworth, Brickmaker. Sept 10 at

12. Off Rec, 8, King st, Norwich PALMER, ALBERT, and ALBERT EDWARD PALMER, Yeovil, Glass Manufacturers. COKER, THOMAS, Brecon, Butcher. Sept 7 at 11.15. Castle Hotel, Brecon PHILLIPS, ABIATHAR, Åbercarn, Mon,Tea Dealer. Newport, Mon. Pet Aug 22.

DANIELL, ALFRED HORATIO SISSON, Fleet st, Merchant. Sept 8 at 11. Banke

ruptcy bldge, Portugal st, Lincoln's inn fields

Ord Aug 20

Ord Aug 28

1

1

1

Davis. SAMUEL, Kingston upon Hull. Fish Merchant. Sept 6 at 2. Law Society, LEVI, MORRIS, Leeds, Boot Manufacturer. Leeds. Pet Aug 25. Ord Aug 25
Lincoln's inn buildings, Bowla)ley lane, Hull

LIDDIATT, RICHARD KILMINSTER, Chalford, nr Stroud, Builder. Gloucester. Pet
DICK, ANDREW EIDER, Leadenhall st, Broker. Sept 9 at 11. Bankruptcy bldgs,

July 29. Ord Aug 26 Portugelst, Lincoln's inn fields

MARSON, THOMAS, Birmingham, Jeweller. Birmingham. Pet July 21. Ord EISNER, ISAAC, Birmingham, Pawnbroker. Sept 8 at 11. Off Rec, 25, Colmore

Aug 26 row, Birminghom

PEMBERTON, OLIVER JAMES, Sutton Coldfield, Warwick, Licensed Victualler. EVANS, THOMAS SAMUEL, Matilda st, Thornbill eq, Upholsterer. Sept 7 at 11. 33,

Birmingbam. Pet July 28, Ord Aug 26 Car y st, Lincoln'e inn

PINDER, GEORGE BANKS, Cottingham, nr Kingston upon Hull, Wood Broker. FIS) FI WILLIAM. Cliff Hill, Gorleston, Suffolk, Smackowner. Sept 10 at 11. Off

Kingston upon Hul. Pet Aug 4. Ord Aug 28 RC, 8, King st, Norwich

PROBERT, ARTHUR JAMES, Hay, Biecknock, Butcher. Hereford. Pet July 27. FLINTHAM, RICHARD, Higham Ferrers, Northamptonshire, Farmer. Sept 10 at

Ord Aug 27 11. County Court. Northampton

PURSHOUSE, JOHN, Churchbridge, or Cannock, Beerhouse Keeper. Walsall. Pet GRIFFITHS, JOHN WATKINS, Brecon, Ironmonger. Sept 7 at 12. Castle Hotel,

Aug 15. Ord Aug 25 Brecon

ROBINSON, JOHN WOODBURN. Barrow in Furness, Carter. Ulverston and Barrow HANCOCK, WILLIAM OLDING, East Dulwich green, Sept 6 at 11. Bankruptcy

in Furness. Pet Aug 26. Ord Aug 26 bldge, Portugal st, Lincoln's inn fields

SANGER, WILLIAM, Margate, Proprietor of Steam Roundabouts. Canterbury. HARLRY, WILLIAM GEORGE, Blackman st, Southwark, Hop Merchant. Sept 7 at

Pet July 12. Oid Aug 25 12. 33, Carey st, Lincoln's inn

SARGENT, ALFRED, Topsham, Devon, Licensed Victualler. Exeter. Pet Aug 10.
HIGGINS, S., Leather lane, Merchant. Sept 6 at 12. 33, Carey st, Lincoln's inn

Ord Aug 24
HUMBLE, JOICEY, Newcastle on Tyne, Rope Manufacturer. Sept 10 at 11. Off SCHELP, ROBERT, Woolton, nr Liverpool, Bank Manager. Liverpool. Pet Aug 10.
Rec, Pink lane, Newcastle on Tyne

Ord Aug 25
HUXLEY, CHARLES, Wrexham, Builder. Sept 6 at 3. Wynnstay Arms Hotel, SEWARD, THOMAS, Kingston upon Hull, Timber Merchart. Kingston upon Huli.
Wrexham

Pet July 27. Ord Aug 26
Jones, WILLIAM, Rhyl, Grocer. Sept 7 at 3. Off Rec, Crypt chbis, Chester SHEARD, JOE, Kirkheaton, nr Huddersfield, Land Agent. Halifax, transferred

from Huddersfield. Pet Aug 3. Ord Aug 26, MEN, THOMAS JOSEPH, Percy ter, Lordship lane, East Dulwich, China Dealer.

SLAPOFFSHI, JOSEPH GUSTAVE, Camden st, Camden rd, Professor of Music. High
Sept 8 at 12. 33, Carey st, Lincoln's inn

Court. Pet July 22. Ord Aug 26
MILLER, WILLIAM CARVER, Great Yarmouth, Tobacconist. Sept 10 at 11.30. Off
Rec, 8, King st, Norwich

STANTON, THOMAS, Nottingham, Grocer. Nottingham. Pet Aug 23. Ord Aug 25
ORME, JOHN, West Bromwich, Butcher. Sept 19 at 10.30. Court house, Oldbury STEEL, JAMES, Cheltenham, Dealer in Tricyles. Cheltenham. Pet July 19. Ord

Aug 26 PAILLARD, ARTHUR, Holborn Viaduct, Musical Instrument Importer. Sept 6 at

STOKES, WILLIAM HENRY, Birchfield, Staffordshire, Jeweller. Birmingham. Pet 12. Bankruptcy bldogs, Lincoln's inn

July 19. Ord Aug 25
PHILPOT, C DAWSON, Tokenhouse yd, Gent. Sept 8 at 12. Bankruptcy bldgs, STOKES, À LBERT, Nottingham, Baker. Nottingham. Pet Aug 24. Ord Aug 26

Portugal st, Lincoln's inn fields
PINDER, GEORGE BANKS, Cottingham, nr Kingston upon Hull, Wool Broker. WAGHORN, GEORGE, Tunbridge Wells, Lodging house keeper. Tunbridge Wells.
Sept 8 at 11. Off Rec, Lincoln's inn bdgs, Bowlalley lane. Hull

Pet Aug 3. Ord Aug 26
PINN, THOMAS, Wardour st, Soho, Baker. Sept 7 at 11. Bankruptoy bdge, WALMSLEY, GEORGE FREDERICK, Church, Lancs, Gent. Blackburn. Pet July 22.
Portugal st, Lincoln's inn fields

Ord Aug 25
PRATT, ISAAC. Blyth, Northumberland, Boot Manufacturer. Sept 8 at 2.30. Off WHEELER, JOHN ROBERT, Rhyl, Painter. Bangor. Pet Aug 25. Ord Aug 25

Rec, Pink lane, Newcastle on Tyne
QUELCH, WILLIAM HENRY, Bittingbourne, Boot Maker. Sept 8 at 11.30. Of WILLIS, WILLIAM, Maidenhead, Carman. Windsor. Pet Aug 22. Ord Aug 27
Rec, High st, Rochester

WINGFIELD, WILLIAM, St Leonard's on Sea, Engineer. Hastings. Pet Aug 18.
SMITA, JOHN, Llanfaes, Brecon, Ironmonger. Sept 7 at 12.54. Castle Hotel, Ord Aug 25
Brecon

WORTHINGTON. ZEBULON, Bolton, Lancashire, Coal Dealer, Bolton. Pet Aug
STANTON, THOMAS, Nottingham, Grccer. Sept 6 at 12. Off Rec, 1, High pave-

24. Ord Aug 25 ment, Nottingham

YAPP, THOMAS, Hereford, Confectioner. Hereford. Pet July 29. Ord Aug 27
STOKES, ALBERT, Nottingham, Baker. Sept 6 at 11. Off Rec, 1, High pavement,
Nottingham

The following amended notices are substituted for those published in the
SUTTON, WILLIAM, Hampden in Arden, Warwick, Coal Merchant. Sept 9 at 3.

London Gazette of August 12. Off Rec, 25, Colmore row, Birmingham

ADAMS, HENRY CADWALLADER, Bhepperton, Esq. Brentford. Pet Aug 4. Ord THOMAS, DAVID, Ton Ystrad, Glamorgan, Boot Maker. Sept 6 at 13. Court

Aug 9 house. Pontypridd

TURNER, GEORGE, Strafford rd, Acton, Florist. Brentford. Pet Aug 3, Urd WESTALL, WILLIAM, Accrington, Stonemason. Sept 6 at 3. Commercial flotel,

Aug 9 Blackburn rd, Accrington

ADJUDICATION ANNULLED. WHEELER, JOHN ROBERT, Rhyl, Painter. Sept 9 at 3. Off Rec, Crypt chbrs,

PERROTTWILLIAM THOMAS, Luppitt, Devon, Clerk in Holy Orders. Exeter. Chester

Adjud June 7. Annul Aug i8 WILLARD, WILLIAM, Wandsworth rd, out of business. Sept 6 at 11. Bank

ruptcy bldge, Lincoln's inn
WILLIAMS. ELLEN, Amlwch, Anglesey, Tailor. Sept 8 at 11.30. Queen's Head

Cafe, Bangor
WILLS, ROBERT HENRY, Totnes, Licensed Victualler. Sept 9 at 3. 18, Frankfort

BIRTHS, MARRIAGES, AND DEATHS. st. Plymouth

BIRTHS. WINGFIELD, WILLIAM, St Leonard's 'on Sea, Engineer. Sept 7 at 12. Bank

BICKERSTETH.-August 27, at Hampstead, the wife of Hugh Bickersteth, soliciruptcy bldgs, Lincoln's inn

tor, of a son. ADJUDICATIONS.

FREEMAN. - August 29, at 30, Bassett-road, W., the wife of G. B. Freeman, ALLERSON, EDWIN, Byker, Newcastie on Tyne, Tobacconist. Newcastle on Tyne.

barrister-at-law, of a son. Pet Aug 4._Ord Aug 25

MACNAMARA.- August 28, the wife of Walter H. Nacnamara, barrister-at-law, of
ARTHUR. DAVID BEYNON, Kidwelly, Carmarthenshire, Grocer. Carmarthen, Pet
Aug 25. Ord Aug 26

PARSONS.-August 25, at Mildenhall, Suffolk, the wife of Herbert Parsons, solici.
BARTLETT, SARAH A NNIE, Brighton, Milliner. Brighton. Pet Aug 8. Ord Aug 26

tor, of a boy.

DEATH.
BENSON, WILLIAM, Osgodeby, Yorks, Thrashing Machine Proprietor. York. Pet RUTTER.–August 27, at Richmond, Surrey, John Simpson Rutter, solicitor, in
Ord 24. Ord Aug 25

bis Soth year. BUCKLER, JOHN, Plymouth, Boot Maker. East Stonehouse. Pet Aug 24. Ord

Aug 25
CARLTON, EDWIN, residence unknown. High Court. Pet May 26. Ord Aug 25
ExLEX, WILLIAM, Malton, Yorks, Boot Dealer. Scarborough. Pet Aug 9. Ord All letters intended for publication in the Solicitors' Journal” must be
FISHER, JOHN, Nottingham, Tailor. Nottingham. Pet Aug 2. Ord Aug 25

authenticated by the name of the writer.
FITZGERALD, MICHAEL, Bristol, Coal Dealer. Bristol. Pet Aug 20. Ord Aug 25 Where difficulty is experienced in procuring the Journal with regularity,
FLINTHAM, RICHARD. Higham Ferrers, Northamptonshire, Farmer. Northamp-
ton. Fet Aus 25. Ord Aug 25

in the Country, it is requested that application be made direct to the GILL, GFORGE FREDERICK, Spencer st, Rhodeswell rd, Limehouse, Timber Merchant. High Court. Pet July 14. Ord Aug 26

Publisher. GRANTHAM, THOMAS HENRY, Ellerby in Holderness, Yorks, Machinist. King

ston upon Hull. Pet Aug 15. Ord Aug 27
GREFN, JOHN, Sheffield, Pawn broker. Sheffield. Pet Aug 16. Pet Aug 25

CONTENTS.
GRISSEI L. CHARLES E., Elm pk gdns, Fulham, Gent. High Court. Pet Sept 15
Ord Aug 25

CURRENT TOPICS

LEGAL NEWS HIPPSLEY, CHARLES, Clevedon, Butcher. Bristol, Pet Aug 20. Ord Aug 28

THE EFFECT OF A JUDGMENT WINDING-UP NOTICES

AGAINST A JOINT CONTRACTOR.... 724 CREDITORS' NOTICES HUNT. JOSIAH SEPTIMUS, Leyland, Lancashire, Builder. Bolton, Pet Aug 10.

BANKRUPTCY NOTICES Ord Aug 22

PUBLIC GENERAL STATUTES.

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CASES REPORTED THIS WEEK.

books, and from one totwo months where he has traded with knowledge Buffalo Bill's Wild West Co. (Lim.) Hallett v. The Marquis of Bris of insolvency. These suspensions, as the inspector points out, do v. Sanger

734 tol Ackerman-Lawrence v. Bouvet,

734 not entail any appreciable inconvenience on the debtor, and the Ladubay, & Co. ... 734

impression is likely to gain ground that conduct of the kind

referred to only constitutes a venial irregularity which may be The Solicitors' Journal and Reporter. discharge in bankruptcy.

committed without any practical risk or inconvenience as regards

It is at all events desirable that it

should be made clear by legislation whether this result is intended, LONDON, SEPTEMBER 10, 1887.

and under what circumstances the debtor is to receive his discharge,

whether in all cases where he has not been guilty of fraud or CURRENT TOPICS.

fraudulent intention, or only in cases where he has proved that his

bankruptcy is not the result of reckless trading. THE RETIREMENT of Mr. Justice GROVE will be much regretted by the profession, as involving the loss to the bench of one of the most patient, courteous, and genial of its members. His appointment, sixteen years ago, was made under somewhat exceptional

IN THE RECENT CASE of Crears v. Hunter (35 W. R. 821, 19 circumstances, as a tribute to his world-wide celebrity as a chemist Q. B.D. 341), the Court of Appeal dealt with an almost elementary and a man of science : but whether by accident or from the practical question in connection with the law of principal and surety-namely, removal of patent actions to the Chancery Division he has during his the sufficiency of the consideration for a guarantee. The defendant judicial career tried only a comparatively small number of cases in was sued on a promissory note made by himself and his father, which his scientific knowledge was of special value. He will no doubt who had recently died, for £200, payable on demand, with interest once more pursue, in his retirement, those studies and researches at five per cent. When the note was signed the defendant's father which achieved for him so brilliant a reputation in his younger days. owed the plaintiff £200. There was no evidence of an express

agreement by the plaintiff not to sue for the pre-existing debt but

the jury found that he did in fact give the debtor time to pay, and THE APPOINTMENT of Mr. ARTHUR CHARLES, Q.C., to the vacant

that the defendant signed the note in order that the plaintiff might judgeship will be heartily welcomed. Professional opinion has Court, and on an appeal the plaintiff's counsel relied on the

A verdict for the plaintiff had been set aside by a Divisional long marked him out for promotion, and, if his past career affords defendant's implied request to give time, and on the authority of any index, his judicial record is likely to be a good one. He has latterly occupied a place at the bar which affords the best training urged on the other side that nothing short of an express agreement

Oldershaw v. King (5 W. R. 753, 2 H. & N. 517); whilst it was for a judge of the High Court, for while he had within immediate not to sue could constitute a good consideration for a guarantee, reach the highest rank as a leader exclusively engaged in heavy and that the fact that the note was payable on demand shewed that cases, he had not yet cut himself loose from ordinary litigation. He will therefore bring to the bench a fresh experience of almost the dicta of the Lords Justices in Miles v. New Zealand Alford Estate

no time was given. Some discussion also arose with reference to every class of business; and when to this it is added that he is Co. (34 W. R. 669, 32 Ch. D. 266.) In that case Lord Justice characterised by rapid apprehension of the gist of a case, com- Bowen, who dissented from his colleagues, laid down that forbearance bined with sound and cautious judgment, accurate and extensive to sue at the express or implied request of the guarantor would learning, and an admirable power of clear and graceful expression, be a good consideration for a guarantee, and that no particular we think we are justified in anticipating for him a high judicial form of words was necessary to create an agreement to give time, reputation.

although “forbearance of a non-existing claim would not be for

bearance at all.” On the other hand, Lord Justice Cotton observed MR. JUSTICE Charles furnishes another instance of the pro- that, to make a consideration binding, there must be something fessional success which has for many years attended members of the done at the same time by the promisee, and that“ a simple expectaWestern Circuit, which is already represented on the judicial tion, even though realised, would not be a consideration for the bench by Lord COLERIDGE and Lords Justices Bowen and LOPES,

promise." The Court of Appeal held that the plaintiff was entitled and which was not long ago also represented by Lord MONKSWELL to judgment. The Master of the Rolls referred to Oldershaw v. and Sir MONTAGUE SMITH. The same circuit has produced two Lords King as having established that the fact of the creditor's forChief Justices of England in succession and also several Attorney- bearance at the surety's request to sue for a pre-existing debt was Generals, including (in addition to law officers who have become a good consideration for the guarantee, and he thought that there judges) Sir WILLIAM FOLLETT and Sir John KARSLAKE.

The was evidence from which such a request and forbearance could be Chief Justices; but the old Home Circuit still retains its pre- not enough, but an express or implied request by the Burety was estern Circuit can also claim two out of the four present Indian implied, since the promissory note, though payable on demand, pro

vided for payment of interest half-yearly. Mere forbearance was Barnes Peacock, Sir JAMES HANNEN, Baron" Połłock, and Justices good consideration. Lord Justice LINDLEY also pointed out that DENMAN, MATHEW, Day, SMITH, and GRANTHAM.

the only inference to be drawn from the joint promissory note was, that the defendant intended to obtain further time for his father to

pay the debt. It is thus settled that an implied request by the elasticity which is found to exist” in section 55 of the Bankruptcy guarantee. abrironDA: SUGGESTION of legislation to remedy " the want of surety for forbearance, and an implied promise by the creditor not

to sue the principal, will constitute a good consideration for a Act, 1883, relating to the disclaimer of onerous property, and to simplify the procedure and shorten the time necessary for obtaining the approval of compositions and schemes in non-summary cases, AN ESTEEMED CORRESPONDENT sums up the practical result of the the report of the Board of Trade on the working of the Bankruptcy recent decisions upon the liability of trustees with his usual Act, which has just been issued, contains little matter of interest ; trenchant terseness. kout in the annexed report of the Inspector-General there is to be of his remarks may be stated as follows ? Advice to those about to be found an elaborate and valuable discussion of the evils arising from come trustees—" Don't”; advice to those who are already trustees the defective provisions of the Act relating to the debtor's discharge. " Get out of the trust.” The soundness of this advice under the this matter, and the County Court judges, in the exercise of their unquestionable ; and if solicitors had only intending trustees to discretion, take different views as to the offences specified in section advise we should indorse his statement that it is the duty of 28, and as to their effect on the conditions to be attached to every solicitor to advise a client against accepting a trust." But

In the great majority of cases, however, the condition solicitors have also to advise the executors of trusts, who have inattached to a discharge is a suspension of a more or less nominal variably the strongest objection to the administration of the trusts ordinary condition where the debtor has neglected to keep proper A general strike of trustees would involve ruinous expense to vast

discharge.

numbers of needy cestuis que trustent, and we think that, before by the plaintiff; but the court reversed his decision. The Master our correspondent's advice to intending trustees is generally of the Rolls described the real question in the case as being adopted, it should be ascertained whether no means short of this whether the goods were “necessaries in the legal sense,” which will be effectual for their protection. We are perfectly aware of they would not be if the infant was already suficiently supplied the failure of the ancient trustee's indemnity clause, but we do not with similar articles. He pointed out that in Ryder v. Wombwell see why a clause might not be framed which would enable trustees the Court of Exchequer Chamber had expressly left the present accepting office under its protection to defy the knife of the question open ; and he was clearly of opinion that the decision of sacrificial priest.” There is an opportunity for the Council of the Court of Exchequer was inconsistent with the earlier authori. the Incorporated Law Society to confer a considerable benefit on ties, and that Barnes v. Toye had been rightly decided. The same the community. Let them frame instructions setting forth pre- view was taken, not only by Lord Justice Lopes, who was one of cisely the various grounds on which a trustee may be made the judges who decided Barnes v. Toye, but also by Lord Justice

there answerable (otherwise than by fraudulent misappropriation) for LINDLEY, who remarked that, if Ryder v. Wombwell was law, loss of the trust fund; and then submit those instructions to Mr. would be no protection for infants, since the question was not WOLSTENHOLME, requesting him to frame a clause for insertion in whether the articles were necessaries in themselves, but whether trust instruments intended to protect the trustees from the con- they were necessaries for the defendant; and therefore his possessequences of any act done in the management of the trust property sion of similar articles was a material issue. These decisions of other than an act amounting to fraudulent misappropriation of the three judges of the Court of Appeal will, no doubt, be sufficient, trust property. The clause must specifically extend to negligence, without any further appeal, to turn the scale of authority in favour improper investment of trust funds, and acting by the hand of of Barnes v. Toye as against Ryder v. Wombwell. another ; it being left to the creator of the trust to insert any express exceptions which he and the intending trustee may agree upon. The clause, in fact, should extend to every liability connected with the management of the trust property, as distinguished

THE LAW OF GIFTS INTER VIVOS. from the ascertainment of the persons beneficially entitled. When finally settled, the clause should be circulated with a recommenda

V. tion that, until the law relating to the liability of trustees is Gifts by deed.-A gift of chattels by deed vests the chattels in altered, persons asked to accept the office of trustee should only be the donee without delivery of them to him, subject, of course, to advised to do so under the protection of this clause, modified, if so his right to refuse the gift: 7 Edw. 4, 20, pl. 21. "If the deed agreed, by express exception, so as to enable the trustee to under- be delivered to the use of the donee, he goods and chattels are in stand precisely the liability he is undertaking. If this proposal the donee presently before notice or agreement; but the donee may appears to be startling, it should be remembered that the creators make refusal in pais, and by that the property and interest will of trusts never knowingly appoint dishonest or incompetent per. be devested: Butler and Baker's case (3 Rep., at pp. 266, 27a); sons as trustees, and, we should imagine, do not rely for the proper consider Carr v. Burdiss (1 C. M. & R. 782). The cases collected performance of the trusts upon the knife of the sacrificial priest,” in Siggers v. Sutton (5 El. & B. 367), which shew that a voluntary but upon the probity and business qualities of the trustees. If assignment made by a debtor to a trustee for his creditors is this is so, the insertion of the clause above suggested would revocable by the grantor until it has been communicated to a simply carry out the intentions of the creators of trusts.

creditor, are not authorities for the proposition incorrectly laid down in 7 Edw. 4, 29, pl. 14, that a gift by deed is revocable until

it is communicated to the donee. The distinction between the two THE WELL-KNOWN CASE of Ryder v. Wombwell (16 W. R. 515, cases is obvious. In the case of the creditor's deed, the debtor is 3 Ex. 90), which was recognised for nearly twenty years as merely directing how his own property is to be applied for his own a leading authority as to the rule of evidence applicable in an benefit; the deed has merely the same effect as if the debtor had action to recover the price of necessaries supplied to an infant, can delivered money to an agent to pay his creditors, in which case he be no longer considered law, in view of the decision of the Master might, before payment or communication by the agent to the of the Rolls and Lords Justices LINDLEY and Lopes in the recent creditors, change his mind and recall the money : in the case of a case of Johnstone v. Marks (35 W. R. 806); for, although those gift, the effect of the deed is actually to change the ownership of learned judges were sitting only as a divisional court, Lord Esher the property for the benefit of the donee. expressly stated that he was prepared to pronounce the same The questions that sometimes arise where a deed of gift is decision if he were called upon to decide the question again in suppressed or destroyed by the donor, or is not communicated to his appellate capacity. It will be remembered that in Ryder v. the donee, are discussed in E. N. & C. 'on Interpretation, at p. 120. Wombwell, the majority of the judges of the Court of Exchequer The conclusions that the learned authors come to are(BRAMWELL, B., dissenting) held that in an action against an infant (1) That the operation of a deed is not suspended by the to recover the price of necessaries supplied to him, evidence is in fact that the party who executes it retains it in his own admissible to shew that the defendant was, at the time of the custody: Xenos v. Wickham (2 H. L. at 323); Doe d. purchase from the plaintiff, amply supplied with goods of the same Garnons v. Knight (5 B. & C. 671); Alleyne v. Alleyne (2 Jo. character. The case went to the Exchequer Chamber (17 W. R. & Lat. 544); Boughton v. Boughton (1 Atk. 625); and alters 167, L. R. 4 Ex. 32), where the judgment of the Court of it : Worrall v. Jacob (3 Mer. 256); or cancels it : Sepalino v. Exchequer was reversed, on the ground that the burden of I'witty (2 Eq. Ca. Ab. 287). proof in such actions was on the plaintiff; and WILLES, J., (2) That the operation of a deed is not suspended by the observed that it was unnecessary to determine the question of the fact that a person entitled to the benefit of it is ignorant of admissibility of evidence as to the defendant being already sup its existence : Thompson v. Leach, or Leeche's case (2. Vent. plied with similar goods. The decision of the Court of Exchequer 198; same case, 3 Lev. 284, Carth. 250); Clavering y. on the latter point was accordingly followed by the courts until 1884, when the Queen's Bench Division, in Barnes v. Toye (33

Clavering (2 Vern. 473; same case, 7 Br. P. C. Ed. Toml. W. R. 15, 13 Q. B. D. 410), declined to act upon it. Mr. Justice

410); Barlow v. Heneage (Prec. "Ch. 211; Fletcher v. FIELD treated the question as having been left open by the

Fletcher (4 Ha. 67); Exton v. Scott (6 Sim. 31); Grugeon

v. Gerrard (4 Y. & Col. Ex. 119). Exchequer Chamber, and he pointed out that the decision of the majority of the Court of Exchequer was in conflict with earlier

(3) That, even where the deed is voluntary and notice to authorities. He held that the question whether the articles were

trustees is necessary for the purpose of perfecting an assignnecessaries depended, not merely upon the character of the goods,

ment made by it, it is good as between the donor and the but on the extent to which the infant was supplied with them.

donee, notwithstanding that no such notice has been given : Johnstone v. Marks had been tried in the Westminster County

Re Way's Trusts (2 De G. J. & Sm. 365); Donaldson v. Court, and involved precisely the same issue as Ryder v. Wombwell,

Donaldson (Kay, 711). and upon the authority of which case the judge had declined to made subject to a condition precedent or to a condition subsequent,

Gifts on condition and for a particular purpose.— A gift may be receive any evidence as to the defendant being supplied with goods in which cases the gift may be prevented from arising, or may be of the same description as those which had been supplied to him ) defeated by the performance of the condition. Gifts of this nature

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