Page images
PDF
EPUB

Companies.

carried on by Henry Fison Killick and Frederick Douglas | did not touch the question of whether rule 55 applied to Hntton, in co-partnership with Charles John Vint, under the Court of Passage. Thus Cockburn, O.J., says, “The the firm of Killick, Hutton, & Vint.) December 31. effect of this rule is that a mere negative proceeding on (Gasette, January 6.)

the part of the judge is not sufficient to deprive the plainCHARLES REYNOLDS WILLIAMS, JOHN HENRY JAMES, and tiff of his costs, but it is necessary that there should be EUGENE WASOX, solicitors, 62, Lincoln's-inn-fields, W.C. some positive act, and this is not proved, for the learned (Firm will in future be carried on by John Henry James, agsessor seems only to have said that he should allow the Eugene Wason, & Romer Williams.) December 31. law to take its course. If follows that the plaintiff is en(Gazette, January 6.)

titled to his costs." As to the second question, it is true CHARLES FRANCIS YORKE and ARTHUR ALFRED BREWER, the Lord Chief Justice is made to say, “I think solicitors, 29, Conduit-street, Bond-street (Yorke & Brewer). there can be no doubt that section 91 of the JudioDecember 11. (Gazette, January 6.)

ature Act of 1873 applies to actions brought in the Messrs. ALSOP & Co., solicitors, 23, Great Marlborough

Passage Court of Liverpool, and this section is to the effect street, London, W., have taken into partnership, Mr. J. P.

that the several rules of law enacted in the Act shall be in Mann, solicitor (late of 37, Essex-street, Strand, and of force in all courts in England. Now one of the rules in the Kingston-on-Thames).

schedule to the Judicature Act, 1875, wbich are substituted for thuse under the Judicature Act, 1873, is order 55, which provides that where any action is tried by a jury the costs shall follow the event unless upon application at the trial the judge, on good cause shown, shall otherwise order." Mellor, J., is also made to say, “I think it a necessary

result of section 91 of the Judicature Act, 1873, which WINDING-UP NOTICES.

brings in order 55, and makes it regulate the procedure in JOINT STOCK COMPANIES.

the Passage Court." And Lush, J., is made to say, “I am LIMITED IN CHANCERY.

of the same opinion. I think section 91 can have no other FURNESS PAPER COMPANY, LIMITED.-Petition for winding up, pre construction than that which my lord has stated. Section

sented Dec 31, directed to be heard before V.O. Bacon, on Jan 17. Tabourding and Hargreaves, Victoria st, Westminster, agents for

| 1 of the Judicature Act, 1875, declares that the Act shall Jarkson, Ulverston, solicitor for the petitioners

he construed as one with the Judicature Act, 1873, so that the SILVERTOWN LAND COMPANY, LIMITED.-Petition for winding up, pre rules contained in the latter Act may be taken to be referred

sented Dec 22, directed to be heard before V.0. Malins, on Jan 16. to in section 91 of the Act of 1873. The section is not limited Marsh, Fen er, Fenchurch st, solicitor for the petitioner

(Gazette, Jan. 2.)

to the superior courts properly so called, but applies generally STANNARIES OF CORNWALL.

to all courts in England, and must therefore extend to the UNLIMITED IN CHANCERY.

Passage Court." This is the point in which I presume the NORTH TRESKERBT MININO COMPANY.--Petition for winding up, pre

error exists, as it could not have been suggested in argument septed Jan 1, directed to be heard before the V.W., at the Princes Hall, Truro, on Jan 14 at 11. Affidavits intended to be used at the

that the rule did not apply to the Court of Passage, and hearing, in opposition to the petition, must be filed at the registrars thus the High Court could not have been called upon to office, Truro, on or before Jan 12, and notice thereof must at the

give judgment whether it did or did not apply, because the same time be given to the petitioner or his solicitors. Hodge and Co, Truro, solicitors for the petitioners

application of this rule 55 to the Court of Passage was

[Gazette, Jan. 6.] known, and is admitted in the case, and it is stated in the FRIENDLY SOCIETIES DISSOLVED.

report that “the assessor had with the consent of three LONGSTONE Cow CLUB, Cattle Insurance Society, Schoolroom, Great judges of the High Court of Justice adapted the rules and Longstone, Derby. Dec 31

[Gazette, Jan. 2.]

orders of the Judicature Act, 1875," to that court. The GREAT WESTERN AND BRISTOL AND EXETER AND METROPOLITAN RAIL

question therefore could not bave been argued that the rules WATS PROVIDENT SOCIETY, Great Western Railway Station, Padding did not apply to that court, but merely the effect of rule 55,

ton. Dec 31 VICTORIA FRIENDLY SOCIETY, Crown Ino, Appleby, Leicester. Jan 2

taken in connection with the Court of Passage Acts, and [Gazette, Jan. 6.]

the proceedings of the assessor.

I think, therefore, that the question is still open as to how far the Mayor's Court is affected by the Judicature

Acts and by the rules of law, or rules of court, or of Mayor's Conrt, London. practice and procedure in the Act and schedule to the Act

of 1875. In the Act of 1873 there are rules of law ex

pressed as such, and these are, by the 91st section of the (Before the AssistANT JUDGE.)

Act, applied to inferior courts. It says :-" The several Dec. 22.-Dermer v. Mott.

rules of law enacted and declared by this Act shall be in Judicature Act, 1873, 8. 91-Order 55-Application of to

force and receive effect in all courts wbatsoever in England the Mayor's Court.

so far as the matters to which such rules relate shall This was an application to review the taxation of the

be respectively cognizable by such courts." These rules registrar, who had allowed the plaintiff costs upon the

of law are to be found specified in seotions 24 and 25. ordinary scale in actions under £10, the verdict having

Independently of these rules of law the Aots provided for been found for him for one farthing damages in an action for

the creation of other rules. These other rules are spoken slander.

of in the Acts as rules of court-rules of procedure and The ASSISTANT JUDGE said: I order that the taxation be

practice. Thus the 23rd section of the Act of 1873 says :amended, and the amount of costs allowed to the plaintiff

“The jurisdiotion transferred to the High Court of Justice be reduced to one farthing, but I wish, in deference to and Court of Appeal shall be exercised (so far as regards the case of King v. Hawkesworth (L. R. 4 Q. B. D. 371), procedure and practice') in manner provided by this cited before me, to say why I have not considered myself Act, or by such rules and orders of coart” as may be bound by it. It appears to me that there is an error in made pursuant to this Act. Seotion 68 of the same that report. The case, as reported, appears to determine two Aot provided that the Lord Chancellor and judges should questions. (1) The effect of order 55 in the schedule to the " cause to be prepared rules in this Act referred to as 'Rules Judicature Act of 1875 upon certain proceedings in the | of Court,' providing as follows" :-(1) For the sittings of Passage Court of Liverpool. (2) That order 55 is a the High Court and divisions. (2) The circuits. (3) Regalarole of law, and applicable to the Passage Court of tion of matter not expressly determined by the rules in Liverpool as an inferior court, and to all other inferior | the schedule. (4) Generally for the regulation of any courts, under section 91 of the Judicature Act, 1873, matters relating to the practice and procedure of the said which says that, “ the several rules of law enacted and | courts. Section 74 of tbe same Act gave power to alter declared by this Act shall be in force and receive effect in or annul any rules of court for the time being in force, and all courts whatsover in England, so far as the matters to mako any new rules “ for the parpose of regulating all which such rules relate sball be respectively cognizable by such matters of practice and procedure in the Supreme such courte." I conceive that the judgment of the court Court." In substitution for these provisions the 16th in that case really turned upon the first questior-viz., section of the Act of 1875 enacts that the “Rules of Court the effect of rule 55 in connection with the Court of in the 1st schedule to this Act shall come into operation Passage Act and the several Acts and sections set out in the at the commencement of this Aot, and as to all report and the proceedings on the part of the assessor, and I matters to which tbey extend shall thenceiorth regulate

the proceedings of the High Court of Justice," and in seo what manner they shall be carried out. For example, No. 6 tion 17 there is a provision for making “Rules of Court" says the assessor or judge, registrar, deputy registrar, serafter the commencement of the Act, and, in particular, for jeant-at-mace, and other officers shall, mutatis mutandis, perall or any of the following matters so far as they are not form the duties, &c. This proceeding appears to me to be provided for by the rules in the 1st sobedule of this Act ; perfectly clear, supposing that the rules are rules of prothat is to say :-(1) Regulating the sittings. (2) Regu cedure applicable to the High Court of Justice only ; but if lating the pleading, practice, and procedure of the High | the rules in the schedule are “rules of law" and are Court of Justice and Court of Appeal. (3) Generally for applied by the Act itself to all inferior courts, then there regulating any matter relating to the practice and pro

appears to have been no reason for the order of the judges, cedure of the said courts. And power is given by this

for the rules were already applied. If this were so it section to alter and amend, in substitution of the 74th sec

would lead to a confusion which could not have been con. tion of the Aot of 1873.

templated by the Legislature, for every rule is a rule These are the only provisions relative to rules other than

applied to and directing the practice of the High Court of rules of law mentioned in sections 24 and 25—that is, rules

Justice, and, consequently, all inferior courts would become

diminutive High Courts of Justice. If rule 55, which is of practice and procedure. It will be observed that in the Acts themselves they are called Rules of Court to regulate

only one of a series, applies to all inferior courts, the whole

must be so applied, and inasmuch as there is no qualification the practice, and in the authority to create other rules they are still tormed “ Rales of Court to regulate the proceed

as to how they are to be applied, the application must be ings and practice." Thus, the 68th section of the Act of

taken without any qualification and restriction, and literally 1873 says that the Lord Chancellor, & c., shall cause to

as they are declared by the Act, or any schedule or rules

from time to time. be “prepared rules in this Act referred to as Rules of

If the rules in the schedule are applicable to the inferior Court," and the rules 80 to be prepared related to the

courts, I must confess I do not see in what manner they are practice and procedure of the said High Court. This |

to be carried out in the Mayor's Court, for I do not see any was repealed, but it showed the intention of the framers

way in which the proceedings of that court are to be conof the Act. The 16th and 17th sections of the Act of 1875

ducted under them. This will equally apply to the Passage sabstitute other rules for those of the Act of 1873. Sec Court, for the order made by the judges wouid be ultra vires, tion 16 says, “The Rules of Court" in the 1st schedule

for it modifies or varies an Act of Parliament. This would ghall come into operation, and, as to all matters to which

also apply to the Queen in Council. The provisions of an they extend, shall tbenceforth “ regulate the proceedings Act of Parliament relating only to the High Court may be of the High Court of Justice," and the schedule is headed

made applicable to an inferior court under the powers “ Rules of Court." Section 17 gives power to make other already mentioned, and the order made in pursuance would rules still to regulate the proceedings, &c.

direct how these provisions should be carried out, having All the rules in the schedule appear to be simply rules regard to the jurisdiction and character of such inferior of practice, and relate not to courts in general, but simply to court; but if the Act of Parliament at once itself applies the High Court of Justice. There does not appear to be one by these rules to inferior courts, it appears to me that no rule of law in them. The 69th section of the Act of 1873 power exists in any person or body to alter or vary the rules made the rules in the schedule to that Act part of the Act, so as to make them applicable to any inferior court, always but that section is repealed; the Act of 1875 simply saying supposing that no power exists in the Act for that purpose. that the rules in the schedule shall come into operation at the | Again, if order 55 is a rule of law, it might have an effect commencement of the Act, and giving authority to prepare somewhat startling as to the jurisdiction of the inferior others in pursuance of the Act. Thus the title and effect of tribunals. Order 11 says that service out of the jurisdiction of these rules are separate and distinct from the rules of law, a writ of summons may be allowed when the whole or any and it may be said that there is not one rule of practice in | part of the subject-matter of the action is land, or stock, or the Act, or one rule of law properly so-called in the schedule; other property situate within the jurisdiction, or where relief nor is there any authority in any part of the Acts for the | is sought for breach of contract made within the jurisdiction, Lord Chancellor, &c., to prepare rules other than the “rules or a breach within the jurisdiction of a contract made anyof practice and procedare." I consider that section 16 of the whers. This, if it applies to an inferior court, may confer Act of 1875 is very clear. It declares that the rules of court in a jurisdiction beyond its local limits, if all words in az the schedule, “regulating the proceedings of the High Court | Act of Parliament are considered to have some meaning or of Justice," "sball come into operation with the Act. The | force. There is no mention of the High Court in the rule; schedule is headed “Rules of Court," and those rules it is general. Therefore, this rule, referring to an inferior throughout refer to the practice of the High Court. Rule 55 court, might be construed as acknowledging or granting is in the schedule, and I cannot think that those rules can be such a jurisdiction to an inferior court, and it is quite clear termed rules of law applicable to all courts, superior as well that an inferior court, say the Mayor's Court, may have as inferior.

cognizance of the “matter” of law to which such rules It therefore appears to me that the only rules of law ap. relate. Again, if these rules are rules of law applied to all plied to inferior courts are the rules in sections 24 and 25, courts in England, then they must apply to the county and that all the other rules are mere rules of practice separate courts, and thus create a revolution in the practice of those and distinct from the rules of law, and are not applied or courts so far as these rules may extend, and it is no reply to applicable by the Act to any inferior court. It has been say that the county courts are courts created and having a usual, when any provisions of an Act of Parliament relating particular procedure under special Acts of Parliament, for, to the superior tribunals bas been sought to be applied to an according to the case of Garnet v. Bradley (25 W. R. 653, inferior court, to obtain an order of the Queen in Council for L. R. 3 H. L. 944), as these rules override and repeal consuch application; this the Queen is authorized to grant by trary enactments in Acts of Parliament, and, thus, in this various Acts of Parliament-6.g., under the Common Law respect, virtually repeal the Statute of James, so they must Procedure Acts, 1852, section 228; 1854, section 105 ; 1860, override and repeal any provisions of Acts of Parliament Section 44. The orders thus made have set out what pro which are inconsistent with the roles in the Judicature Act, visions shall be applied, and how they are to be executed. a thing wbich I feel assured could never have been in the The same authority is also given by the Mayor's Court Pro contemplation of the Legislatore. cedure Act, and it appears that such provisions and roles For these reasons it appears to me that the rules in the may also be applied to the Court of Passage by the Liver schedule to the Act of 1875 were not intended to apply, pool Court of Passage Act, 1853 (16 Vict. c. 21), ss. 52, and do not apply to the Mayor's Court, and that the Act 53, with the assent of a certain number of the of James is still in existence as regards proceedings in judges now of the High Court of Jastice, and thus that court. the assessor of that court, under section 52, had, with It is stated that a writ of mandamus bas isgoed unopposed the consent of three judges of the High Cuurt of Justice, directed to the registrar to tax the costs in this cause, and adapted the rules and orders of the Judicature Acts. This, that he has returned that he has taxed them. So far he has it is presumed, is upon the supposition that the rules so obeyed the writ. I do not interfere with his act of taxaapplied are rules of practice or procedure in the High tion as he is directed by the mandamus. I simply direct Court oply, or, whatever they may be, that they are not by that the same be reduced to one farthing. It is to be the Judicature Acts applied to all inferior coarts including the regretted that a question of such vital importance to the Court of Pagsage. In this view the rules as applied by the court should have escaped argument, and I trust that there said judges' order are modified, and that order directs in ' may be found some way in which it may receive full con

sideration, not only as to whether the roles in the schedule | Scott, ARCHIBALD CAMPBELL, Mincinz lane, Merchant. Mar 31. apply to this court, but if so how they are to be applied,

Benecke Souchay and Co v. Scott, V.C. Hall. Stephens and Stephens

Essex st, Strand and by whom they are to be carried out. I do not think SIMPSON, MARGARET, Whitburn, Darham. Jan 27. Williamson . that I need say one word excusing myself from any inten Simpson, M.R. Kidson, Sunderland tion to act in opposition to the ruling of the Queen's Bench

STANNARD, WILLIAM, Ryde, Plumber. Jan 21. Capital and Counties Division of the High Court of Justice, nor do I consider

Bank v. Stannard, District Rögistrar, Newport, Isle of Wight..

Fardell, Ryds that I am so acting, but I believe that the question has WATTS, HENRY, Leicester, Innkeeper. Jan 29. Watts v. Curtis, and not received full consideration; I also feel that it is of vital

Parsons v. Curtis, M.R. Curtis, Leicester importance to this court, for I do not see how the practice

WHITE, John, Leeds, Leather Merchant. Jan 31. White y. White,

V.C. Hall. Patience, Gracechurch st of this court is to be carried on under the rules in the WHITFIKLD, ALLISON, Sunderland, Ship Owner. Jan 26. Whitfield v. schedule to the Judicatore Act, and I do not see where

Whitfield, M.R. Brown, Sunderland any authority exists to modify them so as to make them

WILDE, MARY, Moorhouse Ford, Salop. Jan 29. Wilde v. Salt, M.R.

Salt, Shrewsbury applicable.

WINSLADE, CHARLES, St. Helen's, Lancashire, Builder. Jan 30.
Hydgson v. Winslade, V.C. Bacon. Massey, St. Helen's

[Gazette, Dec. 26.) Creditors' Claims.

LAMB, NATHAN, Wilmot sq, Bethnal Green. Jan 30. Lamb v. Lamb,

V.C. Hall. Love, Scott yd, Cannon st
STAFFURTH, ABRAHAM, Milverton, Leamington, Gent. Jan 27. Staf-

furth v. Payn3, M.R. Smith, Gt James st, Bedford row CREDITORS UNDER ESTATES IN CHANCERY.

TINES, BRIDGET RODD, Catherine Grove, Greenwich. Jan 21. McClean

v. Vines, V.C. Hall. Oliver, Corbet ct, Gracechurch st LAST DAY OF PROOF.

VINES, RICHARD, Gt College st, Camden Town, Veterinary Surgeon. BATLIS, Tomas, Redditch, Worcester, Needle Manufacturer. Jan 19,

Jan 21. MoClean v. Vines, V.C. Hall. Oliver, Corbet ct, Grace

chureh st Baylis v. Baylis, M.R. Cox, Evesham DOGGAN, WILLIAM, Cardiff, Woollen Draper. Jan 31. Duggan v.

[Gazette, Dec 30.] Daggan, V.O. Malins. Waldron, Cardiff

ALBESON, WILLIAM, Altrincham, Cheshire. Public House Manager HENRY, DAVID, Bath, Merchant. Jan 15, Henry v. Malcolm, V.C.

Feb 10. Albeson v. Street, V.C. Hall. Radford, Manchester Bacon. Braikenridge, Bartlett's bldgs, Holborn

BROADHURST, JAMES CARISTOPHER, Campbell rd, Bow, Gent. Jan 31. LUER, CHARLES AUGUSTUS WILLIAM, Arundel Wharf House, Strand, Broadhurst v. Broadhurst and Morton, V.C. Bacon. Frost, LeadenCoal Merchant, Jan 16. Tegetuier v. Mabus, V.O. Bacon. Innes,

hall st Billiter st

LAMB, NATHAN, Wilmot sg, Bethnal Green rd, Jan 30. Lamb . MATHEW, Sir GEORGE BENVENUTO BUCKLEY, Suffolk st, Pall Mall, Wood, V.C. Hall. Love, Scott yd, Cannon st K.C.M.G. Jan 20. De Berends v. Earle, V.C. Hall. Pym, Frederick's

[Gazette, Jan. 2.) pl, Old Jewry PHILLIPS, WILLIAM, Pontnewynwydd, Monmouth, Colliery Proprietor.

Jan 21. Price v. Phillips, V.C. Hall. Plews, Merthyr Tydfil PRIDGEON, CHARLOTTE HARRIET, Oxford Cottages, Clapham. Jan 19.

CREDITORS UNDER 22 & 23 VICT. CAP. 25. Pridgeon v. Pridgeon, V.C. Malins. Brady, St. Swithin's lane

LAST DAY OF CLAIM. THOMPEON, WILLIAM, Underley Hall, Westmoreland, Alderman of

BAGGALY, WILLIAM, King's Norton, Worcester. Jan 31. Johnson City of London. Jan 31, Keolis v. Hodgson, V.O. Bacon. Beau

and Birmingham mont, New sq, Lincoln's inn

BATEMAN, SAMUEL, Burslem, Stafford, Potter. Jan 31. Tomkinson [Gazette, Dec. 19.]

and Furnival, Burslem BULLIVANT, HARRIET FIDELIA FLETCHER, Derby. Jan 20. Barton v, BENNETT, JAMES, Dronfield, Derby, Farmer. Feb 26. Smith and Son, Barton, M.R. Ekiog, Nottingham

Sheffield Dons, RICHARD, Porten terrace, Hammersmith, Builder. Jan 31. BoxALL, Sir WILLIAM, Welbeck st, Koight, R.A. Feb 17. Wilde and Dunn v. Satehell, V.C. Malins. Woodcock, New inn, Strand

Co, College-hill ELLIOTT, GEORGE, Guildford, Licensed Victualler. Feb 2. Hough v. BRIDLE, JANE, Ramboldswhyke, Sussex. Feb 1. Arnold, Chichester Whiten, V.C. Hall. Capron and Sparkes, Guildford

BRIDLE, WILLIAM, iRumboldswbyke, Sussex, Painter. Feb 1. Arnold, GRANT, JANE, Kensington gate, Kensington. Jan 20.

Grant v.

Chichester Grant, M.R. Barber, Old Jewry

COATSWORTH, EMMA, Ribey Villa, Great Grimsby. Feb 12. Tenney HALI, WILLIAN ROBERT AYLMER, Frant, Sussex, Esq. Jan 21.

and Dawber, Hull Haly v. Haly, M.R. Stone, Tunbridge Wells

Cock, EDMUND RAND, Alexandra rd, Southampton, Gent. Jan 20. LEGG, JOB, Burton, Dorset, Gent. Jan 29. Groves v. Legg, M.R.

Guscotte and Co, Essex st, Strand Loggin, Bridport

Cox, EDWARD WILLIAM, Moat Mount, Hendon, Serjeant-at-Law. OsBox, WILLIAM, Stourbridge. Jan 24. Ebborn v. Osborn, V.C. Hall. Feb 2. Harris and Powell, Essex st, Strand Homer, Brierley hill

Cross, WILLIAM, Frating, Essex, Farmer. Feb 1. Grimwade, HadSMITE, GEORGE, Maida vale, Warehouseman.

Jan 20. Carrier v.

leigh Smith, M.R. Parker, St. Helen's pl

DALLEN, ABRAHAM, Great Bookham, Surrey, Bootmaker. Jan 31. THOXAS, Masy Ann, Caroline p!, Mecklenburgh sq, and WILLIAM Smallpeice and Sons, Guildford

THOMAS, Gray's inn pl, Gray's inn, Solicitor. Jan 22, Solicitor for DITCHBURN, WILFRID FISHER, Liverpool, Master Mariner. Feb 25. H.M.'s Treasury v. 1.M.'s Att.-Gen., M.R. Hare, Surrey St,

Rue and Thompson, Liverpool Strand

DUGDALE, ALICE, Wigton, Cumberland, Hosier. Jun 20. Carriok and TILL, ALEXANDER, Shurland, Kent, Farmer. Jan 31. Till v. Still, Son, Wigton Y.C. Hall. Copland, Sheerness

FAIRBANK, JOAN, Headingley, Leeds, Cloth Manufacturer. Feb 10.

[Gazette, Dec. 23.] Simpson and Burrell, Leeds BAKEB, Anx, Florence st, Islington. Feb 7. Abrahams v. Dearlove,

FERRIS, WILLIAM, Milton, Lilborne, Wilts, Gent. Jan 19. Dixon,

Pewsey
V.C. Hall. Sealey, High Holborn
CHAFXAN, EDWARD, Honiton, Farmer. Jan 23. Chapman v. Chapman,

FOSTER, GEORGE, Fleetwood, Lancaster, Hotel Proprietor. Jan 31.

Barker, Fleetwood M.R. Sharpe, Bedford row

FRATER, JOHN, Didsbury, nr Manchester, Gent. Feb 2. Chapman and CLARKE, CHARLES PREIST, Tredegar sq. Bow, Biscuit Baker. Feb 2.

Co, Manchester
Clarke v. Clarke, V.C. Hall. Bastard, Brabant cu
COBBIS, WILLIAM INGRAM, Torrington sq, Surgeon. Mar 22. Miller

FRICOUR, AUGUSTUS, Scarkorough, York, Gent. Jan 29. Walton and

Smith, Southport v. Miler, V.O. Malins. Lydali, Southampton buildings, Chancery Lade

GOLDSMITH, WILLIAM, Winchaleea, Sussex, Bootmaker. Feb 6.

Smith and Atkinson, Rye
CREIGHTON, ELIZABETA, Plumstead. Jan 31. Tidswell v. Cotter, V.C.
Malins. Lloyd, Bloomsbury sq

HANDLEY, SAMEL, Pendleton, Manchester, Rope aad Twine Manufac

turer. Jan 17. Potter and Lowe, Manchester Dawis, EDWARD ALLEYXE, Burgess hill, Sussex. Jan 23. Smith v. Dawes, M.R. Lopez, Bucklersbury

HARRIS, WILLIAM, Clifton, Bristol, Linen Merchant. Jan 31. Beck

ingham, Bristol EASTWOOD, SOLOMON, Daw Green, Dewsbury, Cowkeeper. Jan 23.

HEATI, MARY ANN, Hanley, Stafford. Feb 2. Lawrence, Hanley Eastwood v. Gledhill, M.R. Ibberson, Heckmond wike

HUNT, JOAN, Springford, Southampton, Esq. Feb 3. Gseen and ETANS, GRIFFITH WHITTINGTON, Welshpool, Montgomery, Tanner.

Moberley, Southampton Feb 2. Beck v. Evans, V.C. Hall. Blaxland, Lincoln's inn fields

KITCHEN, ROBERT BERTRUM, Grange rd, Bermondsey, Dyer. March 20. HANCOCK, GEORGE, Weston, nr Bath. Jan 31. Southcombe v. Han

Wellborne and Son, Duke st, London Bridge COCK, Registrar of the Bristol District Registry. Burges and Co,

MayLETT, Sarah, Clifton, Bristol. Feb 21. Perham, Bristo 1 Bristol

NICHOLSON, WILLIAM, Leeds, Builder. Jan 31, Ward and Sons, LEAKE, CHARLES, Faxfleet, York. Jan 24. Richardson v. Leake, V.C.

Leeds Malins. Leak, Kingston-upon-Hull

PEALE, WILLIAM, Loose, Kent, Esq. Feb 14. Ottaway, Essex st Loso, Jonn, Heming borough, York, Yeoman. Jan 24, Swales v. Strand Loog, M.R. Weddall, Selby

POLLARD, WALTER JAMES, Captain, R.N. Feb 12. Tonney and DawMILLA, ALFRED OSMOND, Rangoon, Licensed Pilot. Jan 26. Mills v.

ber, Hull Benison, V.C. Hall. Bradley, Mark lane

RICHARDSON, WILLIAM, Alnwick, Northumberland, Saddler. Jan 22. Monsis, ROBERT,, Newcastle-upon-Type, Licensed Victualler. Jan 16.

Middlemas, Alnwick
Wilkmson and co v. Morris, V.C. Hall. Macdonald, Newcastle-upon-
Tyne

RIDGWAY, JOSEPH, Brandfold, Kent, Esq. March 1. Fullagar and Co,.

Bolton-le-Moors
Paux, RICEAED, Shrewsburs, Solicitor. Jan 26. Palin v. Brookes,
V.C. Bacon. Peele and Peele, Shrewsbury

ROBERTS, JOAN, Thorne rd, Lambeth, Licensed Victualler. Jan 26. PALLISTER, MARY ANN, Hartburn, Durham. Jan 31, Luck v.

Slee ard Co, Tooley st, Southwark

ROGERS, Louisa, Harrogate, York. Feb 28. Wood and Co, BradPallister, V.C. Hall. Lawson, Essex st, Strand

ford RECHEXBACH, WILLIAM, Borough rd, Southwark, Gasfitter. Jan 31,

RU AND, HARRIETT, Preston, Lanca er. JE 10. Newman and Co, Hedger v. Biggs, V.C. Malins. Hedger, Furnival's inn, Holborn

Cornbill SACSDERS, HENRY, Kidderminster, Solicitor. Jan 31. Saunders v.

SCHOFIELD, ROBERT, Oldham, Cotton Spinner. Feb 19. Learoyd and Siduders, V.C. I Ali Burcher, Kidderminster

Co, Huddersfield

lapps

Monday Feb. 2 Appeals.

Monday ....16

Appeals.

Saturday .. ? Appeals.

Thursday.. 19

apps

aturday.. 21

Appeals

inn

Saturday ..17 {Adj. sums. & gen

SILVER, HARBIETT ELLEN, Letcombe Regis, Berks. Feb 20. Wilde Thors.... 29 (Bkcy apps and or

(App. motns.ex pta and Oo, College-hill

apps. from orders 8ıms, Joun, Crick, Derby, Stone Merchant. Jan 20. Potter, Friday ....30 )

Wednesday 11{made on interlocDerby

Baturday ..31

utory motions & TILT, ALFRED, Long-acre, Wholesale Stationer. Jan 24. Earle,

Cother apps. Charles-sq, Hoxton

Tueaday .... 3) UPFIELD, GEORGE MAY, Aldershot, Batch er. Feb 1. Foster, Alder

Bkcy, apps. &othr

(App.motns.ex pte Thursday ..12 shot

apps, from ordrs Friday ....13 VAUGHAN, JAMES, Pontesbury, Salop, Farmer. March 25. How, Wednesday.. 4 {made on interloc Saturday ..14 Shrewsbury

utory motions & VOWLES, WILLIAM HENRY, Bristol, Brush Manufacturer, Jan 3.

other apps.

Tuesday....17) Salmon, Bristol

App.motns,ex pto, Thursday .. 5 Bkcy. apps. & othr

Thursday .. [Gazette, Dec. 26.)

apps.

apps, from orders Friday .... 6

Wednesday..18 made on interloBAEL, JANE, Liverpool rd, Islington. Feb 10. Crowdy and 8 on,

cutory moins, & Serjeant's-ion, Fleet st

Monday ....9

other apps. BEEBY, WILLIAM, Stonesby, Leicester, Farmer. March 1. Atter, fuesday..., 10)

Bkcy apps and or
Melton Mowbray
BLACKMAN, CHARLES, Waltham Chase, Southampton, Yeoman. Jan 30.

Friday .... 20 Appeals
Hutchins, Exeter
BREWIS, FRANCIS, Newcastle-upon-Tyne, Cart Owner. Feb 1. Scott,

Lunacy petitions will be taken every Saturday during the sitt Ings.
Newcastle-upon-Tyne
CAMERON, GEORGE O'FARRELL, Carmarthen, Dentist. March 1. White,

Carmarthen
DOBSON, ANNE, Richmond rd, Islington. Feb 28. Mote, South sg, Gray's

HIGH COURT OF JUSTICE.

CHANCERY DIVISION. DUFFELL, Emma, Bishopsbourne, Kent. Jan 24. Furley, Canter

MASTER OF THE ROLLS.

should be heard ; and any cause bury EDWARDS, JAMES BOWER, Bristol, Esq. Feb 3. Meade-King and Bigg,

At the Rolls House.

intended to be heard as a short Bristol

Mondy.,Jan.12.. Sittiog in Ot Ap. cause must be so marked in ENTWISTLE, NANCY, Blackpool, Lancaster. Jan 10. Costeker, Dar Tuesday .. .13

the cause-book at least one clear Causes without

day

Wednesday 14 wen

before the same can be GUILLAMORE, the Right Hon. Viscountess Eliza, Claverton st. Feb 7.

Thursd.....15 Swits & adj sums

put in the paper to be so heard, Chapman, London-wall

Friday
Friday ....16
16 motions.,

and the necessary papers must adj.

be left sumy., & gen. pa.

in MILES, Joun, Horsmonden, Kent, Farmer. Feb 1. Hinds and Son,

court with the Goudhurst

Pets., sht. caus., judge's officer the day before ROLLS, RICHARD EVERETT, Sunnyside, Peckham Rye, Floor Cloth Saturday ...17 {adj. bums. and the cause is to be put in the Manufacturer. Jan 31, Tadman, Gray's-ino-pl, Gray's-inn

gen. pa.

paper. SOUTHORN, Paabe, Allesley, Warwick. Jan 24. Minstor, Coventry Mon., ... SUTCLIFFE, WILLIAM, Elland, York, Maltster. Feb 16. Sutcliffe, Heb

Tuesday....20

ral paper. den Bridge

Wedsdy.....21

V.C. SIR RICHARD MALINS. YERRIER, JOHN HENRY, Bridge, Kent, Plumber. Jan 24. Furley, Thursday ..22)

At Lincoln's-inn. Canterbury

(Motns., adj. sums. Monday, Jan. 12. Mots & gen. Da. WARDLE, JOSHUA, Cheddleton, Stafford, Gent. Feb 12. Hacker and Friday .... 23 & gen. pa.

Tuesday.... 13 General paper. Allen, Leek

| Pets.,sht. causes, Wednesday 14 ) WATLING, ARTHUR CAPON, Brunswick sq, Esq. Feb 10. Yarde and | Saturday .. 24 {adj. sums., and Thursday..15.. Motns. & gen. pa. Loader, Raymond bldgs, Gray's inn

gen. pa.

Sht. caus., pets., WILCOCK, MATILDA FANNY, Murree, Pupjaub, lodia. Feb 1, Merri

Friday ....16
Monday ...... 26

& gen. p.. man, King's Bench Walk, Temple

Tuesday....27

General paper.
WILLIAMS, Huga, Widnes, Lancaster, Contractor. Feb 20. Sharp and Wednesy....23
Kirkconnel, Warrington

Thursday ..29)

Monday .....19 [Gazette, Dec 30.]

(Motos. adj. sum

Tuesday....20 General paper.
Friday ....30 & gen. pa. Wednesday..21)
Pets, Bht causes,

Thursday ..22..Mots. & gen. pa,
Saturday ..31 {adj. sumns, and
gen. på.

Friday .... 23 \ Sht, caus., pets.,

& gen. pa.
Monday, Feb 2)
Tuesday .... 3 General paper.
Wednesday.. 47

Monday....26) . SUPREME COURT OF JUDICATURE. Thursday .. 5)

Tuesday ...,27 General paper.

Mots., adj. sums., Wednesday 28 )
ROTA OF REGISTRARS IN ATTENDANCE ON

Friday...... 6 & gen, pa.

Thursd.... 29.. Mots. & gen. pa.

(Petns, sht causes.
COURT OF
Date.

Sht. causes, pets.
MASTER OF THE V.C, MALINS. Saturday .. 7{adj. sumos., and Friday ....30 & gen. pa.
APPEAL.
ROLLS.

gen, pa.

Monday .... Friday ....Jan. 9Mr. King Mr. Teesdale Mr. Jackson

Tuesday.... 10 General paper.

Monday Feb. 2) Saturday...... 10 Merivale Farrer Cobby Wedsdy.....11

Tuesday.... 3 General paper. Monday ...... 12 Teesdale Pemberton Leach

Thrsdy ....12

Wednesday.
Tuesday ...... 13 Farrer Ward

Latham
Friday .... 10

Thursday ... 5.. Motns & gen. pa,
Wednesday....
Teesdale Pemberton Leach

& gen. pa. Thursday ..

Farrer
Ward

Pets., sht. caus.
Latham

& gen. pa.

Sat. .... .. 14 adj. sums. & gen. 16 Teesdale Pemberton Leach

pa.

Saturday .7 Adj. sums & gen. Saturday..... 17 Farrer

Ward

Latham
Monday ....16)

Monday.... 9)

Tuesday....17 General paper.
Y.. Bacon. v. 0. HALL.

Tuesday....10 General paper.
Mr. Justice
Fey.
Wednesday. 18

Wednesday..11 )
Friday ....Jan. 9Mr. Ward Mr. Latham Mr. Koe

Thursday ..19

Thursd ....12,. Motns. & gon. pa.

Mtns., adj. sams.
Saturday...... 10 Pemberton Leach

Friday ....2
Clowes
1 & gen.pa.

& gen. pa. Monday ...... Clowes King

Jackson

(Pets, sht. caus., Tuesday ...... 13 Koe Merivalo Cobby Saturday ,,21 adj. sums. & gen.

pa. Wednesday.... 14 Clowes

King
Jackson

pa.

Monday....16) Thursday .... 15 Кое

Merivale Cobby

N.B.-The days, if any, on which Tuesday....17 General paper. Friday........ 16 Clowes King

Jackson

the Master of the Rolls shall be Seti baturday...... 17 Koe

engaged in the Court of Appeal | Thursday ..19... Mots. & gen. pa. Merivale Cobby

are excepted.
Causes and actions in which wit-|

gen. pa.
HILARY SITTINGS,

nesses are to be examined be

fore the court will be taken on From January 12 to February 21, 1880.

Tuesday, Wednesdays, and

Any cause intended to be COURT OF APPEAL.

Thursdays, and causes and ac

heard as a short cause must be so

tions without witnesses will be At Lincoln's-inn and Westminster

marked in the cause book at App. mots. ex pte, taken on Mondays; but when App. mots. expte,

least one clear day before the apps. from orders the list of causes and actions apps, from orders Wednesday 21{made on interlo

same can be put in the paper

without witnesses is exhausted, Mondy.Jan.12 {made on interloc.

to be so heard, and the necescutory motns., & causes and actions with witutory motns, &

papers must be left in

Bary other apps,

nesses will be taken on Mondays other apps.

court with the judge's ofticer

also. Tuesday....131 Thursday ..2, Bkcy, apps. & or.

the day before the cause is to eals.

Further considerations will be
Wednesday..14 )
Friday ....23

be put into the paper.

taken as part of the General Thursday ..15] 1x Bkcy. apps. & or Saturday ..24

Paper in priority to Original

V C. SIR JAMES BACON. apps.

Causes which have not already
Friday, .... 16
Tuesday....27)
appeared in the paper,

At Lincoln's-inn. Saturday ...17

App. mots, ex pte | Unopposed petitions must be Yonday,Jan.12 In Bankruptcy. Monday ...19 Appeals, apps. from orders presented, and copies left with the

Motos, adj. sums. Thesday....20 )

Wednesday. 28 mada on inter secretary, on or before the

locutory mots., & Thursday preceding the Saturdas | Wednesday..14) General paper. . other apps.

on which it is intended they 'Thurs., ....15

Court Papers.

Saturday ..21 Adj, sums. & gen,

Saturday ..31 (Adj. sums. & gen.

Saturday ..31{pa.

Friday .... 13 Mots., adj. sums.

Friday .... 6

Short causes, pets.

Friday......

[blocks in formation]

presetary, on

Tuesday....13} & gen. pa.

the SaturdaThurs., ..

Saturday ...17 & gen pa.

Saturday ..31 sums. & gen. på.

Friday.... 23

& gen pa.

[ocr errors]

RailL 123

Friday ....16

Motns, adj. sums, Thursday ..29..Mtns. & gen. pa. & gen. pa.

Friday :...30..Pets. & Gen. pa. Saturday 12 S Petns., sht. caus.

S Sht. caus., ady
Monday ....19..In Bankruptcy. Monday, Feb.2)
Tuesday....20 )

Tuesdy .... 3 General paper.
Wednesday..21 General paper. Wednesday 4)
Thursday ..22)

Thurs. .... 5.. Motns. & gen. pa. motns. adj. sums. Friday .... 6..Petns & gen. pa.

Saturday ..?sums. & gen. pa.

Sht. caus., adj. Saturday.. 24 Petns.,sht. caus.& Saturday.. gen. pa.

Monday.... 9 Monday....26..In Bankruptcy. Tuesday ..10 General paper. Tuesday....27)

Wedsdy....11 Wednesday 28 General paper. Thrady.... 12..Mtns, & gen, pa. Thors......29 )

Friday ....13.. Pets. & gen, pa, Friday ...,30 20 Motns, adj. sums.

Saturday ..14

w sht. causes, adj. & gen. pa.

" sums. & gen pa.

Monday ....16 Sat. ......31 Pets, sht. causes, & gen. pa.

Tuesday....17 General paper. Monday, Feb. 2..In Bankruptcy. Wednesday..18 Tuesday .. 37

Thursday ..19..Mots. & gen. pa. Wedsdy ... 4 General paper. Friday ....20..Puns, & gen. pa. Thursday.. 5)

Saturd

der on Sht. caus., adj. ( Motns. adj. soms. Friday .... 6

sums., & gen, pa. & General paper.

| Further Considerations will be

Further Cons Saturday ..7 & gen. pa. Pets, sht. causes taken as part of the General

Paper in priority to Original Monday.... 9...In Bankruptcy. Causes which have not already Tuesday....10

appeared in the Paper. Wednesday.11 General paper. | Any cause intended to be heard as Thursday ..12

a Short Cause must be SO Moins. adj. sums. Friday .... 13

marked in the Cause Book at 1 & General paper least one clear day before the Saturday ..14 & gen. pa. s Pets., sht. causes, same can be put in the paper to

be so heard, and the necessary Monday ....16..Io Bankuptcy. papers must be left in court with Tuesday....17)

the judge's officer the day before Wednesday..18 General paper. the cause is to be put into the Thursday..lg

paper, Friday ....20

00 Motos, adj. sums.
& General paper.

MR. JUSTICE FRY.
Saturday ..21 & gen. pa.
Pets., sht. caus,

At Lincoln's-inn.
Further considerations will be Monday, Jan.12
taken as part of the General Tuesday....13
Paper in priority to Original | Wednesday. 141

dnesday. General paper. Causes which have not already Thursday ..15 appeared in the Paper.

Friday
Any cause intended to be Saturday ..17

heard as a short cause must be Monday ...19
SO marked in the cause book at Tuesday20
least one clear day before the Wednesday .21

General paper. same can be put in the paper to Thursday ..22 be Bo heard, and the neces- Friday.... 23 sary papers must be left in | Saturday court with the judge's officer | Monday .... 26 the day before the cause is to Tuesday ....27 be put into the paper.

Wednesday, 28
Thursday ..29

69 General paper.

Friday ....30 V. C. Six CHARLES HALL. Saturday ..31 At Lincoln's -inn.

Monday, Feb. 2
Monday,Jan.12..Motns. & gen.pa. Tuesday .... 3
Tuesday.... 13

Wednesday.. 40
Thursday .. 57

" General paper. Thursday ..15.. Motns, & gen pa

Friday .... Friday...... 16..Pets, & gen. pa. Saturday .. 7)

( Sht. caus., adj. Monday.... 9 Saturday

sums., & gen. pa. Tuesday ..10 Monday ....1

Wednesday. 11 Tuesday....20 General paper.

Thursday .2 > General paper. Wednesday. 21)

Friday ....13 Thars, .... 22.. Mots, & gen. pa.

Saturday ..14
Friday ...

23..Petns. & gen, på. Monday ....16
Sht. caus., adj.

Tuesday....17
Saturday ..24 soms., & gen. pa. Wednesday .18

18 General paper. Monday ....

Thursday ..19 Tuesday.... 27 General paper.

Friday ....20 Wednes.....28)

Saturday ..21

so transferred, be for the purpose only of trial or of hearing transferred from the Vice-Chancellor Sir James Bacon to Mr. Justice Fry. And this order is to be drawn up by the registrar and set up in the several offices of the Chancery Division of the High Court of Justice. Southall v Stevens act wits 1879 S 261 Boorer v Miles act wits 1879 B 38 Lloyds v Harper act wits 1879 L 59 Daniels v Beresford act wits 1879 D 420 Strelley v Pearson act wits 1879 8 257 Manchester, &c., Banking Co. v Thorley act wits 1879

M 146 Crowther v. Bone act wits 1879 O 112 Shore v The Colonial Trusts Corporation limd act and

motn for judgt wits 1879 8 161 McStevens i Carnegie act wits 1878 M 216 In re S. Hart, Wood v Newton aot wits 1879 H 315 Union Bank of London y Ashwin act & motn for judgt,.

wits 1878 U 39 Rogers v Deedy act wits 1879 R 67 Met Board of Works v Hammersmith Bridge Co aot witns

1879 M 137 Linney v Wood act wits 1879 L 123 Attorney-Gen, Brecon, &c, Railway v L & N W Ry Co.

act wits 1878 B 266 Fawcett v Law act wits 1878 F 99 Stubbs v Wilkinson act wits 1879 S 315 Greenough v Littler act wits 1879 G 148 The Commissioners of the Exhibition of 1851 v Roya

Horticultural Society act wite 1879 C 144 Rowan y Forsythe act wits 1879 R 236 Blackman y Bowchier act wits 1879 B 198 Airey v Bowes act wits 1878 A 123 In re Sanderson, Fisher v Payne act wits 1879 S 274 Willats v Metropolitan Board of Works act wits 1879

W 259 Goodey v Everett act, wits 1879 G 107 Cox v Willoughby act, wits 1879 C 257 Butoher y Denyer act, wits 1879 B 483 Marner v Bright act & motn for judgt, wits 1878 M 113 Learoyd v Gray act, wits 1879 L 40 Renala v Jevons act, wits 1879 R 385 In re Hollingshead, Hollingshead v Hollingshead act, wits

1879 H 468 Chaplin v Cave act, wits 1879 C 278 Cave v Cave act, wits 1879 C 282 Shaw v Robinson act & motn for jagt, wits 1879 S 324. Durrant v Roy act, wits 1879 D 59 Wood v Munk act, wits 1879 W 123 Briggs v Massey act, wits 1879 B 181 Blair v Peek act, wits 1879 B 143 In re C. P. Dodson, Dodson v Edmonson act & moto for

jadgt, wits 1879 D 71 Steel v Dixon act, wits 1879 S 367 Bothamley v Weigel aot, wits 1879 B 290 Todd v Good act, wits 1879 T 209 Nives v Nives act, wits 1879 N80 Burton v Marous act, wits 1879 B 481 Blewett v Soames, Blewitt v Tilley act, wits 1879 B:

353, 354 Roussillon v Roussillon act, wits 1879 R 56 Watson v Gray act, wits 1879 W 83 Austin v Barker act, wits 1879 A 159 Wright v Oxton act, wits 1879 W 244 Chesterfield, &c, Colliery Co v Black aot, wits 1879 0 243

CAIRNS, C.

riday

....16

Saturday.7.26

Wednesday.. 14 General paper.

CHANCERY DIVISION.

ORDER OF COURT.

Friday, the 26th day of December, 1879. Whereas from the present state of the business before the Master of the Rolls, the Vice-Chancellor Sir James Bacon, and Mr. Justice Fry, it is expedient that a portion of the causes assigned to the Master of the Rolls, and now standing for trial or hearing before big lordship, should be transferred to the Vice-Chancellor Sir James Bacon ; and that the causes so to be transferred should for the purpose only of trial or hearing be transferred from the Vice-Chancellor Sir James Bacon to Mr. Justice Fry ; Now I, the right honourable Hagh MacCalmont Earl Cairns, Lord High Chancellor of Great Britain, do hereby order that the several causes set forth in the schedule hereto be accordingly transferred from the Master of the Rolls to the Vice-Chancellor Sir James Bacon, and taken as causes assigned to the Vice-Chancellor Sir James Bacon, and be marked in the cause-books accordingly. And I do further order that the same causes, when

HIGH COURT OF JUSTICE.
CAUSE LIST FOR HILARY SITTINGS, 1880.
These sittings commence on Monday, January 12th.
QUEEN'S BENCH DIVISION.

NEW TRIAL PAPER.
FOR ARGUMENT.

Ohester, Gower y Edwards
Moved Michaelmas Sittings, 1879, Manisty, J

Smith Liverpool, Lowe v Camming

(Tried during Sittings.) Bowen, J

Russell Middlesex, Bryant v Rix Manchester, Richardson & Wife Bowen, J

Wincb London & N Western Ry Co Middlesex. Gainsford y Miller Lush, J Edwards Manisty, J

Arbuthnot Manchester, Turaer y Galloway Bristol, Morgan Collins Lusb, J

Herschell LC Justice
Manchester, Heaton v Wilkinson & (Motion for judgment.)
ors

Special Referee Report.
Lush, J French, for defendants, Donovan v Jakes
Reddish & apr

(Motion for judgm

« PreviousContinue »