Page images

County Courts.

Mr. JUSTICE LOPES, in somming up, said that the matter & W. 48); Banner v. Johnson (L. R. 5 E. & I. App. 157); was one of vast importance to both parties, and more Goodwin v. Noble (8 E. & B. 587); Mellor v. Levin (16 especially so to the solicitor now in question, and he added L. T. N. S. 531); Welsh v. Abraham (3 Camp. 340) : that he did not see how, if the jury should answer the McIntosh v. Trotter (3 M. & W. 186); Saint v. Pilley (L. R. questions in the way they afterwards did, it was possible | 10 Ex. 137) ; Re Sneezum, Ex parte Davis (25 W. R. 49). that that gentleman's name should remain upon the roll. Gane, on bebalf of the trustee, contended that a notice The jory found against the individual solicitor upon all the of the trustee's intimation must be in writing; that it questions ; they found that they did not believe any part must be something apon which the landlord could act ; of his story; and specifically with regard to that letter that the interview that took place on the 30th could not they found that it did not represent any genuine transac in any way be considered as an intimation of intention to tion between the parties.

disclaim, and that the trustee was bound to rely upon the Lord COLERIDGE, O.J., observed that Mr. Jastice Lopes, applioation to the court for an extension of time; that this who knew the case, said that quite enough for him had application was not made until the 31st of Janoary, which been stated, and he (Lord Coleridge) quite agreed with he contended was too late, and that the trustee, therefore, him. There would, therefore, be a rule to show cause why by not making his election within the time, had precluded the solicitor should not be struok off the roll. His lord himself from making it at all. He further contended that ship added, after some discussion, that what they proposed the trustee, by severing the fixtures, had adopted the was that notice should be given to the solicitor of the time tenancy, and that he could not adopt the tenancy and dewhen the motion would come on, on cause being shown,

prive the landlord of part of his property, and at the same and then if the court should think fit, he would be time seek to abandon the tenancy entirely. He relied upon examined and cross-examined before the court. the cases of Ex parte Stephens, Re Lavies (26 W. R. 136); Rule granted.

Ex parte Brook, Re Roberts (27 W. R. 255); Ex parte Lovering (L. R. 9 Ch. 586).

His HONOUR, in giving judgment, said he was clearly of opinion that what had taken place at the interview which was spoken to by the trustee, amounted to a sufficient intimation of an intention to disclaim. All the landlord was

entitled to was to be told within the twenty-eight days HUDDERSFIELD.

whether he might depend upon the trustee as his future

tenant, or whether the trustee was prepared to give up the (Before J. W. DE LONGUEVILLE GIFFARD, Esq., Judge.) property to the landlord. He considered the trustee had & Re Gee and Brook.

clear thirty days within which to make this application, and

he was clearly of opinion, upon the evidence, that the A trastee will be allowed to disclaim a lease, although he has

application was made on the 30th, but that even this was not sovered fixtures after his appointment, but the order will be made subject to the payment of the value of the fixtures. A

necessary, because the interview itself was sufficient. With trustee has twenty-eight clear days within which to determine | reference to the fixtures, if the trustee had severed any whether he will disclaim or not; the disclaimer itself need not be fixtures, the landlord would not be damnified, because he executed during that period.

would be entitled to be paid the value of them, and there was This was an application on the part of the trustee for leave no express authority for saying that the severance of the to disclaim the tenancy of the debtors in Portland Mills, in fixtures disentitled the trustee to disclaim; and as to the Lindley, Huddersfield

liability of the trustee for rent, this could not be a personal S. Learoyd, of Huddersfield, appeared on behalf of the liability, but the section expressly provided that the landtrustee.

lord should not be damnified, because he would be entitled Lawrence Gane (instructed by Messrs. Ramsden, Sykes, & to prove for any loss that he could establish; the landRamsden), for the landlord.

lord was, therefore, quite at liberty to bring in a claim for It appeared that the debtors were tenants of room and what he had suffered by the disclaimer being executed, power under Rowland Hall, the rent varying according to and this could not be done until the disclaimer had the quantity of machinery worked. Upon the 25th of first been made. With reference to the amount November, 1879, the debtors filed a petition for liquidation. to be paid to the landlord, he (the judge) was quite Frederick Dyson was appointed the trustee. The rent was prepared to adjust it afterwards, and suggested that the due up to the end of 1879, and the trustee paid it; but a solicitors on each side should in the first instance endeavour further sum of £5 was claimed as arrears, for which a to agree upon the amount to be paid, and if they could distress was made and then paid. The trustee before the not do so he was willing to settle the matter between end of January, 1880, sold off the whole of the assets. On them. The trustee must be at liberty to disclaim, and the 2nd of January, 1880, Rowland Hall gave notice to the had the landlord simply come to the court submitting to trustee to elect whether he would continue the tenancy or an order or relying opon his position with reference to the disclaim. On the 30th of January, the trastee saw the land. fixtures and the rent, his costs would have been allowed lord, and then stated that he had no further use for the out of the estate, but as the landlord had raised a contenpremises, that the landlord might have possession at once, tion upon which he had failed, no costs could be allowed to and he was prepared to straighten off with him. The land. him. lord refused to have anything to do with him, and referred him to his agent. On the following day he saw the landlord's agent, and told him that he was prepared to settle with

LEEDS. him, but the agent refused to come to any arrangement. It (Before Mr. Serjeant TINDAL ATKINSON, Jadge.) was said, on the part of the trustee, that on the 30th of

April 22.- Wordsworth v. Webster. January an application was made for an extension of time! Trespass – Collision – Liability of principal for wrongfal act within which the trustee should elect, and on the part of the

of agent. landlord it was contended that this application was not made His HONOUR, in delivering judgment, said :-This action, until the 31st of January. The order, however, on the face which was tried on Monday last, the 19th inst., arose out of of it purported to be made on the 30th of January, and the the following facts. The plaintiff was possessed of a horse judge held that in the absence of positive evidence the order which on the 7th March last was in the care of one George must be taken as conclusive. It was also alleged by the Walker, and, while he was riding on his own side close to landlord that the trustee had severed fixtures. This was the causeway on the Burley-road, a man, Fredk. Tetley, denied on the part of the trustee, but the whole of the effects to whom the defendant in the action had intrusted a pony had been sold and everything removed.

and spring cart for the purpose of taking them to his (the Learoyd contended that the intimation given on the 30th defendant's) stables, whilst driving at great speed, suddenly was a complete determination on the part of the trustee and without due caution turned on one side, and coming into in the words of section 24, and that section 23 gave an contact with the plaintiff's horse the shaft of the cart was absolute right to disclaim at any time, subject to the inti- driven with great force into the fleshy part of the animal's mation being given within twenty-eight days, and that the leg, the effect of which wag, a short time afterwards, to cause twenty-eight days were to be clear and exclusive of the its death. Tetley was not employed by the defendant in his day on which the notice was given, and the following business as a servant, but occasionally took the horse and cart authorities were relied upon, viz. :-Davis v. Evans (9 M. I to the stables, putting up the horse for the night, and receive

BURLAND, JUDGE, BENJAMIN, Forest, Bonnet Shape Manufacturer.

June 7. Seares y Burland, V.C. Hull. Johns00, Fenchurch ag GRABOWSKA, MARIAN, Workhonse Infirmary, Croydon. May 31.

Todhunter v Todhunter, V.C. Malins. Vallanos, Es ex st, Strand HEMMINGS, RICHARD, Bankside. Southwark, Licensed Victauller. May

31. Young v Smith, V.C. Malins. Butcher, Bo uverie st, Fleet st JONES, Joshua, Old Ford rd, Victoria Park, Lamp Dealer.

May 31. Jones v Jones, V.C. Bacon. Peacock, Jobn st, Bedford row MEADOWS, MARY ANN, Mount Pl: a ant, Brighton, May 31. Foxy

Brandreth, M.R. barker, Union ct, Old Broad st Plowmas, JAMES, Feltwell, Noriolk, Yeoman. June 1, Plowman v

Plowman, M.R Miller, Norwich POPKIN, ALFRED EUDE, Chadwell sb, Middleton sq, Stationer. May

31. Clark v Forsey, V.C. Malins WARD, GEORGE, Lower Norwood, Builder. June 5. Ward v Matthews,

V.0. Hall. Elmslie and Co, Leade ahall st BRUCCIANI, DOMINICO, Russell st, Covent Garden, Modeller. Jane 18. Ryan v Caproni, V.C. Hall. Sumner, Godliman st, Doctors' Commons

[Gazette, May 4.)

ing for such service a gratuity, sometimes in re freshment, and at others a small sum of money. There is no doubt the horse's death was caused by the wrongful act of Tetley, and the question is whether the defendant is liable to make compensation to he plaintiff. reserved my decision at the trial in order to consider the facts, and inquire into the authorities as to how far this case fell within the rule that a master is answerable for a trespass which his servant, acting within the scope of his ordinary employment, has committed ; and whether Tetley, acting more in the character of an agent, having to perform a limited duty, fell within the rule. The inquiry has satisfied me that the liability extends to principals who expressly employ an agent to perform a duty during the discharge of which, by the absence of ordinary care, injury is caused by such agent, and that the maxim of respondeat superior applies. There is in law an obligation cast upon the principal to select an agent from a knowledge of his aptitude for the particular employment which he is to perform, and in effect he warrants his good conduct in all matters of the agency. The cases of Weyland v. Elkins (Holt, 229), and Wanstall v. Pooley (6 C. & F. 910), are authorities for the proposition that it is not necessary that the permanent relation of master and servant should subsist beyond the particular act in wbich the agent is employed; deciding in principle that any man having authority over the acts of another, and who either expressly commands him to do an act, or puts him in a condition of doing that from which, by the negligent discharge of the duty intrusted to him, injury results to another, is responsible for the act of the agent in the same way as if it had been bis own act. In this class of cases the chief point to be regarded is whether an act done by any person is done in the capacity of servant or authorized agent, and if such relationship cannot be shown, then in that case the original wrong doer is alone liable. The facts before me in the present instance show that Tetley, although not a servant in ihe usual sense of that term, was specially authorized by the defendant to take the horse and cart to the stables, and that, in my opinion, brings the defendant within the rule that where a person acts by another he is bound to employ proper instruments, and to use sufficient care in the selection; and negligence on the part of the agent in the course of such employment, the result of which negligence is damage caused to third parties, renders the principal in law liable. A verdict in the present case must be entered for the plaintiff. Damages £17-£14 for the value of the horse, and £3 for expenses incurred.

Solicitor for the plaintiff, Bedford.
Solicitor for the defendant, Billinton.


LAST DAY OF CLAIM. ABSOLON, SAMUEL, Isabella-road, Homerton. Jane 1. Harling, retter

lane ARMSTRONG, EDW-ED, Grassington, York, Yeoman. May 31. Brown,

Skipton ASHTON, GEORGE, Brady-street, Whitechapel. May 31. Jennings,

Leadenhall-street BOWEB, BENJAMIN, Staveley, Derby. May 31. Maltby, Mansfield BURRIDGE, MARY, Wiveliscombe, Somerset. May 31. Pearse, Wivalis

combe CONOLLY, ANNE, Mount Radford, Exeter. June 1. Whidborne ani

Tozer, Teignmouth COUPLAND, THOMAs, Retford, Nottingham, Gent. June 24. Newton

and Co, East Ret ord DILLON, Right Hon. V iscount TXEOBALD DOMINICK GEOFFREY, Dytch

ley, Oxford. June 24. Markby and Co, New sq, Lincoln's inn DUFFETT, HENRY, Gloucester, Gent. July 27. Plummer and Parry,

Brictol GARDNER, LUCY, Lowndes-street. June 15. Parkers, Bedford-row GEE, ARTHUR, St Mary Axe, Provision Merchant. Jane 7. Fitch,

Well-street, Hackney HALDEN, JOSEPH, Kingston-upon-Hall, Brush Manufacturer. July 1.

Lowe and Co, Kingston-upon-Hull HARRISON, JAMES, Belper, Derby. Gent. June 7. Jackson, Belper HARVEY, JEMIMA Ann, Dover, Dairy Keeper. Juno 1. Stilwell,

Dover HAWKINS, John, Burnham, Essex, Oyster Mer chant. Jane 1. Johnson,

Lincoln's inn fields HOLDBACK, EMMA, Aston, nr Birmingham, June 19. Johnson and Co,

Birmingham LETCHFORD, FREDERICK, St. John's, Lower Clapton, Gent. May 31.

Frost, Leadenhall st LEWIS, JAMES, Lozells, Birmingham, Brickmaker. June 4. West

wood, Birmingham LOCE, HENRY, Dorchester, Solicitor. May 29. Lock, Dorchester LORAINE, ISABELLA GREws, Wallington, Surrey. May 3). Gamlen,

and Son, Gray's-ind-sq Low, John, Clophill, "Bedford, Farmer. May 31. Wade-Gery,

Shefford MASON, JOSEPA, Talbot-grove, Notting-hill, Bailder. Jane 1. Taylor

and Taylor, Metrop litan-chambers, New Broad st MATTHEWS, EMMA, Shrewsbury, Salop. June 25. Talbot and Wood

man, Newtown MIDDLEBROOK, JANE, Crespin st, Spitalfields. May 31. Clapham and

Fitch, Bishopsgate Without NORMAN, MARGARET, Queensborough-terrace, Kensington Gardens.

May 1. Tyrrell, Raymunds-bldgs Raw, DAVID BOLTON, Hemming-cottage, Hampton, Gent. May 30.

Coburn and Young, Leadenhallest RHODES, Johx, Broadbead, Lancaster, Yeoman. May 15. Charnley

and Finch, Preston SAMPSON, JOSEPH, Hallam Head, Sheffield, Licensed Victualler.

June 12. Bramley, Sheffield
THOMPSON, WILLIAM, York, Solicitor. June 1. Hillyard, York
WATKINS, GEORGE, Leighton Bazzard, Bedford, Gent. Jun 12.

Newton, Leighton Buzzard
WILLIAMS, WILLIAM, Chester, Draper. June 1. Bridgman and Co,

WILLIAMSON, THOMAS, Barrow-in-Furness, Grocer. May 31. Taylor,

[Gazette, April 30.] BAILEY, FRANCIS, Holt, Wilts, Farmer. June 7. Keary and Co, Chip

penhain BARKER, JOSEPH, Newcastle-upon-Tyne, Yeoman. July 1. Mathor

and Co, Newcastle-upon-Tyne BAKER, PHEBE, Leicester. June 19. Harris, Leicester BERNDES, ADOLPHUS, Strand, Restaurant Proprietor. June 31. Bart

lett, Bedford-street BULL, ELIZABETH, Albion rd, Newington Green. June 4. Lo Riche

and Son, Rood lane CAVE, JANE, Leicester. June 1. Freer and Co, Leicester DONAGAN, ALFRED FREDERICK, Cambridge, Perfumer, July 1, Fostera

and Lawrance, Cambridge EATON, MARIA BIRDSALL, Salford, Lancaster, Provision Dealer.

June 14. Darnton and Bottomley, Ashton-under-Lyne ELLINGHAM, GABRIEL, Hemel Hempsted, Hertford, Farmer. Jane 24.

Grover and Son, Hemel Hempsted ELLIS, RICHARD GREGSON, Plasnewydd, Denbigh, Mineral Water

Manufacturer. June 7. El is and Co, St. Swithin's-lane GRIFFIN, GEORGE, Boston, Lincoln, Plumber. June 1. Staniland and

Wigelswortb, Boston HARBINGTON, FREDERICK, Liverpool, Coach Builder. June 15. Brem

ner and Co, Liverpool HENSHAW, Hugu, Monk's Heath, Chester, Blacksmith. June 10.

Gaunt and Grainger, Manchester

Creditors' Claims.


LAST DAY OF PROOF. GRANGER, WILLIAM, Bristol, Cooper. May 20. Granger v Granger,

M.R. Bridges, Bristol ILDERTON, HANNAH, Newcastle-upon-Tyne. May 31. Buchanan v

Blenkinsspp, V.C. Hall. Bruce, Bishop Auckland KNIGHT, ROBERT FARTHING, Hereford, Carrier. June 2. Tomkins v

Knight, V.C. Hall. Humfrys, Hereford MARTIN, SAMUEL, Cowper ro, Stoke Newington, Gent. May 14. Gold

Martin, V.O. Bacon. Bradley, Mark lane MOSKETT, JOSEPÐ, Holt, Norfolk, Grocer. May 15. Musketi v Muskett,

V.C. Maling. Yetts, Lincoln's inn fields Posso, MAURICE JOSEPH, Portland pl West, Merchant. May 21. Posno

v Posno, V.C. Hall. Sydney, Finsbury circus SHEW, EMMA, Cricklewood lodge, Cricklewood. May 25, Goodridge v

Lee, M.R. Moss, Old Broad st SWALLOW, Thomas, Berwick st, Soho, Licensed Victualler. May 21.

Swallow v Dodd, M.R. Goren, Sonth Molton st, Oxford st WILLSON, ELIZABETH, Trinity sq, T wer hill. May 31, Simpson v Dards, V.C. Malins. Eastwood, Bishopsgate st Within

[Gazette, Apr. 27.] AGAR, HENRY, Wimpole st, Cavendish sg, Hotel Keeper. June 1.

Agar y Vick, V.C. Hall. Lon, Wimpole st BARNSTABLE, THOMAS HUCKER, Middle zoy, Somerset. May 28 Brown

v Barnstable, M.R. Lovibond and son, Bridgwater GOVER, GEORGE SMITH, Winchester, Arenitect. May Leo v Gover,

V.C. Hall. Adams and Co. Winchester BINDE, THOMAS CALLENDER, Townbope, Hereford, Gent. June 7.

Ryland v Hinde, MR. Press, Bristol HOEBS, SAMUEL CROOME, Frenchay, Gloucester, Iron Manufacturer

May 31. Hobbs v Perry, V.C. Hall. Chilton, Bristol S TARBRIDGE, SYDNEY WILLTAM, Canal Bank, Camberwell, Maltster.

May 18. Barnard v Stanbridge, M.R. Davis, Moorgate st WELLINGHAM, WILLAAM, Great Fransbam, Norfolk, Farmer. May 25. Trundle v Palmer, M.R. Palmer, Swaffham

[Gazette, Apr. 30.)

[ocr errors]
[ocr errors]

Band and Co (Champio) v Austin (W

Court Papers.

HODGE, JAMES, Newcastle-upon-Tyne, Furniture Dealer. July 1. Q B 100 Dickinson (Haywards, K and 8) v S Stanbridge (Clapham Mather and Co, Newcastle-on-Tyne

and F) stayed HURDLE, HENRY, Melcombe Regis, Dorset, Provision Merchant. Eg 101 Hackett (Scard and Son) v Gisby (Robert Wood) stayed June 16. Hanne, Weymouth

Q B 102 Schulte and Scheman (Hollams, Son and C) v Hopkins, HOTCHINS, SARAH, Twyford, Ber ks. Juno 1. Beattie, Old Broad st

Gilkes and Co (Van Sandau and C) stayed SJ
KENTESBER, JOHN JOHNSON, Highst, Shadwell, Oil and Colour Man.
June 1. Sandom and Co, Gracechurch st

CP 103 Berla, Cotram and Co (Norton, R and Co) v E Pallas and KENYON, JOHN AINSWORTI, Pendleton, nr Manchester, Pawnbroker.

Co (Lowless and Co) com SJ June 14. Farrar and Hall, Manchester

Q B 104 Eklof (Stokes, S and S) v Greenhow and Co (Billinghurst LEATHERDALE, John, Bromley, Kent, Esq. May 31. Smallpoice and

and W) stayed SJ Sons, Guildford

OP 105 Bordes (Johnson, U B and A) v Peruvian Guana Co limd LONGMAN, JOHN JAMES HAM, Melcombe Regis, Dorset, Licensed Vic.

(JB Batten) com SJ toaller. June 16. Hanne, Weymontti

Es 106 Vickers and anr (W Tanner) v Bird and ors (Wilde, BN MATTHEWS, EDWARD JOHN, Endoo, Stafford, Builder. May 28.

and W) stayed Oballinor, Hanley

Ex 107 Gardner (Randall'and A) v Withernsea Pier, &c. Co (Milne, MATTHEWS, JACOB Scott, Penarth, Glamorgan. June 30. Waldron,

Rand M) com Cardiff

Q B 108 Prieto (J Andrews) v Chadwick and Son (8 Mayhew) postMILLS, WILLIAM Ross, Pimlico rd, Chelsea, Licensed Victoaller.

poned June 1. Layton and Co, Budge row

O B 109 Bramwell (Hollams, Son and C) v Levi and Co (Ingledew OVEY, FREDERICK, Tregwerp, Denbigh, Gent. June 1. Richards and

and Co) com SJ Son, Llangollen

CP 110 Preston (Parker and Co) v The Cleveland Extension Mineral PAYNE, HENRY ADOLPHUS SEPTIMUS, Sidcot, Somerset, Solicitor.

Railway Co (Chappell, Sons and Co) SJ June 24. Woolfryes and Powell, Banwell

Q B 111 C Tennant and Co (N Sheppard) v Ellis, Kislingbary and PETTIPREB, MICHAEL, Pebworth, Gloucester, Yeoman. June 15.

Co (F W and H Hilbery) SJ Budson, Pershore

QB 112 Berlin, &c, Co, limd (Rooks and Co) v Combe and Wain. PIGGOTT, ELIZA, Balsall Heath, Worcester. June 8. Tyndall and

wright (In Person) SJ Co, Birmingham

Q B 113 Rogerson and Son (Courtenay and C) v Uzielli (Waltons, PITTET, JAMES, Brighton, Esq. June 7. S:uurt. 6, Gray's-ino-square

B and w) com SJ PLOMER, CATHERINE WILHELMINA, Holland Villas rd, Kensington. QB 114 Thomson and ors (Ingledew and I) v Grant and ors June í. Freshfields and Williams, Bank-bldgs

(Hughes, Hooker and Co) com SJ RIDGWAY, MATTHEW, Dewsbury, York, Draper. June 1. Ridgway Ex 115 Bunnett and Co limd (Renshaw and R) v Potter and Sons and Ridgway, Dewsbury

(Prior, BC and A) SJ SANDHAM, Anxá, Bath. June 10. Tilleard, and Co, Old Jewry

QB 116 Arnold and Co (Robinson and H) v Grautoff and Co (Nicol, SHORTER, STEPHEN, Southborough, Kent, Rstired Farmer. June 24.

Sons and J) stayed SJ Palmer, Tonbridge

CP 117 Steel Bros and Co (Waltons, B and W) v Briggs and ors TOTTIE, JOHN WILLIAM, Gargrave, York, Esq. June 14. Arundel,

(Pritchard and Son) com SJ Leeds

Q B 118 Mapleson (J and R Gole) v Austin (WF Stokes) com TYSON, Rutu HANNAH, Whitehaven, Camberland. May 28. Atkinson Ex 119 Porter and Co (Champion, R and P) v Duncanson (Waltons,

and Collins, Whitehaven VALLACK, MARIA ELIZA, Plymouth. June 1. Hutchings, Devon. CP 120 Belmonte and ors (Ashurst, M and Co) y Gutschow and port

Ford, trustees, &c (W A Crump and son ; Saunders, H WASON, EDWARD SANDYS, Earl's Court rd, South Kensington, Capt

and Co) without jury 33rd Foot. June 1. Payne and Son, Liverpool

Q B 121 Carver (Fry and H) v Grieves (Mozley and S) com WILLIAMS, Isaac, Bronhaulog Ball, Denbigh, Quarry Owner. May | Č P 122 Learoyd (Lowless and Co) v Parker and Co (Field, R & Co) 22. Mason, Chester

Commission SJ WILLIAMS, John, Maesmawr, Cileen, Flint. June 15. Kelly and CP 123 Hockley Hall and Whately Collrs and Brickworks limd Keene, Mold

(Wright, B and w) v Barton (Satchell and C) stayed [Gazette, May 4.] OP 124 Same (Same) v Same (Same) stayed

Ex 125 Beeson (Whiles, R and Co) v Jacobs and anr (EJ Sydney

and Son) Commission
QB 126 Cazal (M Abrahams and R) v Beck and anr (E Lee) com
O P 127 Harvey (Bristow and S) v Wilcox (CF B Birchall) com
B 128 Foyle (

WJ Myatt) v Wynsburghe (JH Jonas) stayed
OP 129 Sir John Pirio and Co (Parker and Co) v The Middle Dock

Co (W A Crump and Son) without jury, com

Ex 130 Keeble (W F Morris) v Whitworth and ors (Ashurst, Mand

Co) com

Q B 131 McAlister and ors (Hollams, Son and C) v Fenning (Fresh. This list contains all actions entered in Queen's Bench, Common

fields and W) com SJ. Pleas, and Exchequer Divisions, in which notice of trial has been

CP 132 Bolckow, Vaughan and Co (Waltons, B and W) Fisher given; and also all actions in the Chancery Division, in which

(Parker and Co) SJ notice has been given of trial before a judge and jury, up to and OP 133 Thomas (Lowless and Co) v Larnder (Farnfields) including 10th May, 1880.

QB 134 Schrier (Fry and H) y Goldsworthy (Turner and Son) LIST OF ACTIONS FOR TRIAL.

OP 135 Vallance (Argles and A) v Peto (Cope and Co) SJ OP 1 The Chartered Mercantile Bank of India, London and China

Ex 136 Lovering, trustee, &c (Rooks and Co) v Salter and anr (JC (Waltons, Band W) v The Netherlands Steam Navigation

Button and Co) postponed SJ
Co limd (Lovell and Co) com SJ

QB 137 Bedford Pits Colliery id (Simpson I and Co) y Roberts CP 2 Frowein and ors (Stephen Scott) v Sonnethal (Ashurst, M

(JH Lydall) SJ and Co, stayed SJ

Q B 138 Same (Same) v Dixon (Same) SJ OP 3 Breffit (Å Jones, T and G) v Williams, Norris, A and C) stayed Èx 139 Barrett (Jackson and P) v Billinghurst (Wilkins, B and F) Ex 4 Hanbury (Mercer and Mercer) v Grant and Clark and Pun

SJ chard (Ashurst, M and Co; Blunt, T and L) And 77 other Q B 140 Greene (Elmslie, F and S) v Vardon (Janson, C and P) actions against the same defendants, postponed SJ

postponed SJ Ex 82 Ostrom and Fischer (HJ Coburn) v Heintz (Nash and F) | CP 141 Holmes (Pyke and M) v Inglis and wife (Oehme & S) stayed

Q B 142 Brandt and ors (Goldberg and L) v Craig and anr (Roberts CP 83 Rathbone and org (Freshfields and w) v Caldwell (J B

and B) com Towse) com SJ

CP 143 Orange and anr (Pitman and S) v White (

GLP Eyre and Q B 84 Leese (Jno Frost) v Household (Field, Rand Co) stayed SJ

Co) Ex 85 Masaru and ors (Murray, Hutchins and Co) v Hobley (Hol Ex 144 Comptoir d'Escompte de Paris (Lyne and H) v Bosle, lams, Son and C) com SJ

Forman and Co (Baker & N) com SJ CP 86 Amazon Tug and Lighterage Co limd (Ashurst, M and Co) v Ex 145 Farmiloe and ors (Stopher and R) v Jarvis and anr (Bell, B Earle's Shipbuilding and Engineering Co limd (Chester, U

and G) and Co) com SJ

OP 146 Evans (Stocken and J) v Pothonier (Ingledew and Co) com Q B 87 Dreyfns, Freres and Cie (Stibbard, G and Co) v Watts Mil CP 147 Sheward (Allen and son) v Metropolitan and St John's burn and Co (Torr and Co) comSJ

Wood Ry Co (Burchells) CP 88 Gardiner (Waltons, B and W) v Warns (F Bradley) stayed CP 148 Skoines (JE Betts) v Sleaford Gas Co limd (Taylor, Hoare

and Co) CP 89 Walker (8 H Behrend) v Hough (Bloxam and E) without Ex 149 Stephens (Hughes, H B and T) v McIsaac (Vallance and V)

stayed 0 Vanderzee and Co (S

Campbell, Robertson OP 150 Lady Llanover (Freshfields and W) v The Ebbw Vale Steel, and Co (JR Chidley) SJ

&c., Co limd (Robinson, Pand S) SJ QB 91 Weigel (W Beck) v Anderson and ors (Hollams, Son and C) CP 151 Donnithorne (Wild, B and w) v Bolton (Gadsden & T) postponed

Q B 152 Wilson (Morley and Shirreff) v Luxton (H Luxton) without CP 92 A Tesdorpf and Co (Waltons, B and W) v Ġates (T Cooper

jury com and Co) stayed SJ

Q B 153 Linton (Chester, M H and B) v Rogers (J Rae) SJ OP 93 Reynolds (J P Garrod) v Cooper (Fisher and Co) postponed OP 154 Porcas (Barnfields) v Roy Bros (Keene & M) CP 94 Strauss and Co (F W Mount) v Continental Daily Parcels CP 155 Burnand (Waltons, B&W) v Rodocanachi (Markby and Express (Dalton and J) com

Co) without jury, pt hd B 95 New South Wales Mariné Assurance Co (Hollams, Son and Q B 156 Baynes (Blatchford, R K and W) v Smyth (Learoyd, Lad C) v Reade (Waltons, B and W) com SJ

PSJ) B 96 Alexander (J C Campbell) v McMaster (Venning, R and J) Ex 167 Prewett (Champion, R and P) v Simmons (Pittman and S) stayed

CP 158 Bank of New South Wales (Waltons B and w) v Verty B 97 The Central African Trading Co limd (Flux and Co) v Walsh,

(Freeman and Co) com SJ Bros (Milne, R and M) com

Q B 159 Gillig (Foss and Legg) v Stoffel (Crook and S) com QB 98 Standard Lnbricating Oils Co limd (H Kimber and Co) v OB 160 Tufts (J McDiarmid) v Stumore and Co (Field, Rand Co) Smith (Champion and Co) com

com Q B 99 Dale and Spring (Hollams, Son and C) v Wakefield (Waltons, Ex 161 Leaver (H W Christmas) v Baker and Sons (Lowis and B and W com SJ



[ocr errors]

jury, stayed

(Simpson and C) v Cam

[ocr errors]
[ocr errors]
[ocr errors]




and I

Ex 162 Silberberg (In Person) v Mapleson (J and R Gole)

His lordship acknowledged how much he Q B 163 Jones (T H Devonshire) v Monte Video Gas Co (Ġ M Cle

indebted to the learning and ability of his ments, com CP 164 Roebuck (Argles, B and A) v Peto (Cope and Co) SJ colleagues in the Appeal Court and to the trouble taken Q B 165 White (Philbrick and Co) v Hudson and ors (Renshaw and by the common law judges in the reconstruction of judicial Co) postponed, SJ

procedure by the rules they framed and the decisions they QP 166 Fenner (Farnfields) v Luck (Lowless and Co) 167 Lehmkuhl (R Greening) v Blyth and Co (Houghton and B) pronounced. “ It is, however,” said his lordship, "prestayed

eminently to the candour, the firmness, the learning and Ex 168 Barton (Harper, B and B) v Ommaney (Sutton and ) accomplishments of the bar that I and every other person Ex 169 Chittick (T R Richardson) v Harris (Pittman and s)

who fills the office I now resign must look for support in CP 170 Homan (G Lockyer) v Newstead (F T Dubois) CP 171 Gething (In Person) v Royle and anr (G S Hare) without fulfilling its daties. Generous, forbearing, and the more

so because of their own attainments, supplying every 172 De Bergue and Co limd (Wilkins, B and F).x. Ward and legitimate argument or illustration in aid of decision,

ors (Peacock and G; J M Chamberlain ; Pritchard and
Sons) SJ

they have always extended their courtesy, their considera173 Young (Same) v The Sonora Co and ors (Elmslie and Co; tion, to the least experienced judge. No difference of Es

174 Miller Winter and Co) v Pilling (Combe and W) stayed SJ political, opinion has ever get sundered the relations CP 175 Hatch (Potter and S) v Blackwood (Shoubridge and M)

which, from daily intercourse, from a noble rivalry in CP 176 Vance and wife (C Harcourt) v Child (Plunkett and L) assisting and defending alike private and public rights QB 177 Harris (W P Slater) v Truman Hanbury and Co (Clapham bind the whole profession-bench and bar-together as and F) SJ

brethren. With a fervent prayer that your old reputation QB 178 Cooper (T Cooper and Co) v McIlwraith and anr (Ingledew

may be undiminished, your efficiency and integrity unimCP 179 O‘Byrne (W B Abbott) v North Metropolitan Tram Co (H C paired, above all that you may continue to teach how Q B 180 Duffy (F Bradley) v Lond, Brighton, &c., Ry Co (Norton, R free and independent difference of opinion upon subjects

mutual esteem and mutual affection may co-exist with and Co) (To be continued.)

in respect of which men must and will differ, my dear friends (for looking round I see none but friends), I bid you farewell—a respectful and affectionate farewell.” Mr.

Henry A. Dillon, president of the Irish Incorporated Legal News.

Law Society, read an address from the solicitors bearing cordial testimony to his lordship’s dignity, courtesy, and

ability, and to the regard which he had always shown Mr. Naisb, Q.C., has been appointed law adviser at

for the interests of their profession. The Lord Chancellos Dablin Castle.

replied in graceful terms, and then left the bench amid The Manchester Incorporated Law Association has re loud applause. ceived a communication from the Lord Chancellor stating that a new rale has been made closing the office of the District Registry at Manchester during Whitsun week. It is understood that immdiately after the 20th inst.,

SALES OF ENSUING WEEK. when Parliament re-assembles, the private business before committees will be pushed forward with the utmost May 19—Messrs. FAREBROTHER, ELLIS, CLARK, & Co., at the possible vigour, so as to make the best in this respect of a Mart, at 2 p.m., Freehold Property (see advertisement, May necessarily short session.

8, p. 8).

May 19.—Messrs. HARVEY & Davids, at the Mart, at 2 p.m., An additional election judge has been selected by each

Leasehold Properties (see advertisement, May 8, p. 7). of the Common Law Divisions. There are now, conse May 19.-Mr. WALTER KNICHT, at the Mart, at 2 p.m., Leasequently, six judges on the rota for that purpose, viz. :

hold and Copyhold Estates (see advertisement this week, p. Dir. Justice Lash, Mr. Justice Denman, Mr. Baron Pollook, 7). Mr. Jastice Manisty, Mr. Justice Hawkins, and Mr. Jus May 19.-Messrs. Norton, TRIST, WATNEY, & Co., at tha tice Lopes. A meeting of the six judges was held Mart, at 2 p.m., Freehold Properties and Ground Rent (see on Taesday afternoon at the Royal Courts of Justice

advertisement, May 1, p 3). and it is expected that the dates for proceeding

May 20 and 21.-Messrs. NORTON, TRIST, WATNEY, & Co., at with the trial of some of these petitions will be very shortly

the Mart, at 2 p.m., Freehold and Leasehold Properties and

Ground Rents (see advertisement, this week, p. 8). announced.

May 21.–Mr. RÒBIN8, at the Mart, at 1 for 2 p.m., Reversions The Right Hon. John Thomas Ball sat for the last time (see advertisement, this week, p. 7). in the Court of Appeal on the 7th inst., as Lord Chancellor of Ireland, and received farewell addresses from both brancbes of the legal profession. The Attorney-General (Mr. Gibson), addressing the Lord Chancellor, said that

PUBLIC COMPANIES. he bad been requested by the bar to express their appreciation of the manner in which he had presided in that court

May 13, 1880. for the last five years. They desired to express their ad

BAILWAY STOCK, miration and respect for the power, capacity, learning, and impartiality which had aniformly marked the discharge of


Pald. Closing Price the duties of his high office. They all most cordially acknowledged the attention, kindness, and courtesy that every

Stock Caledonian ............................................

Stock Glasgow and South-Western member of the profession, no matter how junior, had expe

Stock Great Eastern Ordinary Stock

644 rienced from his lordship. In the exercise of his important stock Great Northern jurisdiction he had won the confidence and respect of the Do., A Stock poblio and of the bar. The Lord Chancellor in reply,

Stock Great Southern and Western of Ireland
Stock Great Western-Original ...........................

100 1193 said :-"I acknowledge with gratitude the kindness which

Stock Lancashire and Yorkshiro

1315 bag induced the bar to accompany my retirement from Stock London, Brighton, and South Coast ........... 100

Stock London, Chatham, and Dover

100 office with an expression of their favoorable opinion. I


Stock London and North-Western ..................... accepted it not without solicitude and a sense of the great

Stock London and South Western

1374 responsibility connected with the discharge of its daties, Stock Manchester, Sheffield, and, Lincoln

90+ for I was aware that in addition to the judicial and political Stock Metropolitan


82 borden that had falled upon my predecessors the introduc

Do., District
Stock Midland....................................................

1373 tion of a now system in oor judicatore, the reorganization Stock North British

777 of the official staff of the various oourts united under it, Stock North Eastern..............................................


1601 Stock North London .............................................

180 and the necessity of presiding over an Appeal Court where

Stock North Staffordshire ..................................

89 esery variety of procedure and question could be brought Stock South Devon for determination, would impose duties of a novel and Stock South-Eastern ar doous character. If in some degree, as your kindness Reggests, I have been able to meet the difficulties of the pasition, I owe it to the assistance I bare received." A receives no dividend uatil 6 per cent. has been paid to B.

109 106

100 100 100 100 100 100

1254 1 25%





100 100 100 100 100 100



100 100 100 100


NATIONAL PROVINCIAL BANK.-At the meeting of the shareholders of the National Provincial Bank, held on Thursday, a dividend and bonus of ten per cent. for the halfyear was declared, making, with the distribution in January last, nineteen per cent. for the year, and leaving a balance of £21,757 4s. 9d. of undivided profits to be carried forward. Of the 28, 125 new shares issued, certain shares from various circumstances were not taken up. These having been forfeited and subsequently sold, yielded a profit of £7,576, which it is proposed to carry to credit of profit and loss account for the present year. At a meeting of shareholders, held on the 8th of April last, it was unanimously decided to register the bank as a bank with limited liability, under the Companies Acts, with an increase to the subscribed capital of £8,025,000, which will form the reserye liability of the bank. Power was given to the directors to register the bank on or before the 31st of July, and in pursuance thereof they propose to effect registration on the 1st of July next.


BIRTHS. EVANS.--May 9, at 10, John-street, Bedford row, the wife of

John Evans, solicitor, of a daughter. WALKER.- April 28, at 6, Clyde-street, Redcliffs-gardens,

South Kensington, the wife of Arthur George Walker, barrister-at-law, 7, Stone-buildings, Lincoln's-inn, of a daughter.

DEATHS. FYFE.—May 5, at 35, Cathcart-road, S.W., J. Hamilton Fyfe,

of the Middle Temple, barrister-at-law, aged 42. STUBBIN.-May 4, at Birmingham, James Stubbin, solicitor,

aged 79.



FRIDAY, May 7, 1880.

Under the Bankruptcy Act, 1869.
Creditors must forward their proofs of debts to the Registrar.

To Surrender in London.
Sinclair, Frederick, Upper Park st, Barnsbury, Clerk. Pet May 3.
Pepys. May 26 at 11

To Surrender in the Country. Adams, John, Wanborough, Wilts, Farmer. Pet May 3. Townsend.

Swindon, May 24 at 10 Allen, William, Lyneham, Wilts, Farmer. Pet May 3. Townsend.

Swindon, May 24 at 10 Cutting, William Henry, West Thurrock, Essex, Builder. Pet May 3.

Hayward. Rochester, June 7 at 2.30 Hansen, Hans Christian, Lovaine pl, North Shields, Shipowner. Pet

May 3. Daggett. Newcastle, May 19 at 11 Heath, James, Alfreton, Derby, Grocer. Pet Apr 30. Weller.

Derby, May 18 at 12 Hill, William, Stockton-on-Tees, Rolling Mill Contractor. Pet May 4.

Orosby, Stockton-on-Tees, May 21 at 2.30 Hunyshires, John, Rochester, Boat Builder. Pet May 3. Hayward.

Rochester, May 31 at 2.30 Preston, John, Liverpool, Ironmonger. Pet May 4. Cooper. Liver

pool, May 19 at 12 Ridley, Job, Bellingham, Northumberland, Farmer. Pet May 3.

Daggett. Newcastle, May 19 at 11 Smart, Frederic, Cambridge, Hosier. Pet Apr 24. Eaden. Cambridge, May 10 at 12

Tuesday, May 11, 1880.

Under the Bankruptcy Act, 1869.
Creditors must forward their proofs of debts to the Registrar.

To Surrender in London.
Keating, Philip, Old Jewry, Printer. Pet May 6. Hazlitt. May 26

at 11 Lochmiller, Arthur William, Stan hope st, Euston rd, Cabinet Maker.

Pet May 7. Pepys, May 26 at 2 Lyons, Samuel, Addison ter, Notting hill, out of business, Pet May 6.

Hazlitt. May 26 at 12.30 Ward, Robert, Asplaud grove, Hackney, Painter. Pet May 7. Pepys. May 26 at 1

To Surrender in the Country, Edy, George, Liverpool, Clerk to a Miller. Pet May 7. Bellringer.

Liverpool, May 31 at 11 Hatton, James, East Dean, Gloucester, Woodman, Pet May 7. Haines.

Gloncester, May 26 at 2.30 Humphries, John (and not llunyshires, as erroneously printed in last

Gazette) Rochester, Boat Builder Pet May 3. Hayward. Roches

ter, May 31 at 2.30 Martin, William, Folkestone, Dover, a Captain iu her Majesty's Royal

Artillery. Pet May 7, Furley. Cambridge, May 23 at 2 Oldcorn, Isaac, Duke'st, Barrow-in-Furness, Coal Dealer. Pet May 5.

Taylor, William, Birmingham, Hardware Merchant. Pet May 7. Cole. Birmingham, May 24 at 2


TUESDAY, May 11, 1880.
Wheatley, Newark Evelyn, Inverness ter, Bayswater. May 5

Liquidations by Arrangement.

FRIDAY, May 7, 1880.
Armes, Stephen, and William Armes, Norwich, Leather Merchants,
May 19 at 2.30 at offices of Kent, Saint Andrew's Hall plain, Nor-

wich Arthur, William Donnithorne, Blackburn, Lancaster, Carrier. May 22

at 10.30 at offices of Hall, Richmond ter, Blackburn Atkins, Benjamin, Moseley Village, Stafford, Bricklayer. May 23 at 12

at offices of Vaughan, Walsall st, Wilienhall Bartholomew, Samuel, Boaghton Monchelsea, Kent, Farner. May 20

at 12 at offices of Beale and Ca, King st, Maidstono Bates, Edward, Cowbridge, Glamorgan, Surgeon. May 93 at 11 at

offices of Rees, Cowbridge Bell, James, St Austell, Cornwall, Travelling Draper. May 26 at 2 at

offices of Carly on and Stephens, Cross lane, St Austell Berlin, Edward, Bury st, St Mary axe, Importer of Foreign Condi

ments. May 25 at 3 at offices of Llewellyn and Co, Finsbury

circus Breakspear, William, Aston, Warwick, Plasterer. May 20 at 19 at

offices of Smith, Ann st, Birmingham Brien, William, Culford rd, Kingsland, Bill Poster. May 14 at 3 at

offices of Marchant and Co, Imperial chambers, Ludgate circus.

Staniland, Highgate Bodd, James, Stratford-on-Avon, Warwick, Farm Railiff. May 21 at

11 at offices of Peet, Colmore row, Birmingham Burgoyne, Roderick Dhu Glenlyon Hamilton, Chatham, Deputy

Governor of the Convict Prison, June 1 at 2 at the Cannon st Holy

Cannon st. Neish and lowell, Watling st Burton, Robert, Little Smeeton, York, Wheelwright. May 20 a 3 a:

the Bull Hotel, Westgate, Wakefield. Jenkicson Caddy, William, Lithney, Cornwall, Butcher. May 31 at 11 at ole

of Dale, Helston Cadie, Clement, and John Cadle, Gloucester, Corn Merchants. May

19 at 2 at the Bell Hotel, Gloucester, Taynton and Sons, G one-ster Caftev. William James, Great Yarmouth, Norfolk, Coal Merchant.

May 21 at 12 at offices of Wiltshire, Hall plain, Great Yarmouth Chamberlain, Spire Dent, Honiton, Lincoln, Draper. May 20 at 3.30

at the Craven Hotel, Craven st, Strand. Friend, Exeter Chappell, John Henry, Cardid, Licensed Victualler, May 25 at ll at

offices of Morgan and Scott, High St, Cardiff Clapham, Henry Wood, Bradford, York, Basket Maker. May 20 at

10.30 at offices of Singleton, New Booth st, Bradford Clare, Daniel Hunt, Coventry, Boot Manfacturer. May 25 at Il at the

Craven Arms Hotel, High st, Coventry. Hugues and Masser, Coventry Claxton, James, Bury St Edmunds, Fruiterer. May 25 at 2 at othees of

Buchanan and Rogers, Basinghall st Clifford, George Billinge, Greenwich, Kent, Wharf Manager. May 26

at 12 at offices of Moss, Gracechurch st Coe, Theophilus, Leigh, Lancashire, Draper. May 20 at 3 at offices of

Taylor and Sons, Bond st, Leigh Comfort. Gilbert Humphrey, Mayall rd, Brixton, Manager of a Public

Company. May 22 at 2 at offices of Haydon and Sloles, Bishopsgate

st within. Maling, High Holborn Copsey, William, and William Frank Copsey, Romford, Essex, Up

holsterers. May 19 at 2 at offices of Mote, Walbrook Crompton, Thomas, Eccles, Lancaster, Builder. May 22 at 10 at offices

of Whitt, King st, Manchester. Whitehead, Manchester Crossley, Abraham, Parkgate, Huddersfield. May 19 at 11 at offices of

Welsh, Queen st, Huddersfield Eden, Thomas, Foleshill, Warwick, Baker. May 21 at 2 at offices of

Hughes and Masser, Little Park st, Coventry Edwards, Richard, Aston, Warwick, Builder.' May 31 at 3 at offices of

Rowlands and Co, Colmore row, Birmingham Elliott, James, jun, Tamworth, Stafford, Hosier. May 21 &t 3 at offices

of Nevill and Atkins, Colehill, Tamworth Elison, Ann, Stockton-on-Tees, Licensed Victualler. May 29 at 10.30

at offices of Dodds and Co, Finkle st, Stockton-on-Tees Enever. Alexander, and Francis Wilmot Cazaly, Milton st, Forest

Felt Hat Manufacturers. May 25 at 3 at the Metropolitau Hotel,

South pl, Finsbury. Podmore and Hart, Moorgate st Evans, John, Salford, Lancaster, Draper. May 25 at 3 at the Cathedral

Hotel, Fennel st, Manchester Fleming, George Robert, Gorleston, Suffolk, Tiaman. May 21 at 11.30

at offices of Clarke, Regent st, Gt Yarmouth Felgate, James, Princes rd, Notting hill, Ironmonger. May 24 at 11

at Masons Hall Tavern, Masong avenue, Basinghall sc. Fulcher, Horton r), Hackney Frost, Frederick, Kirby Moor-ide, York, Farmer. May 20 a. 10.30 at

offices of Harrison, Kirby Moorside Gale, William Henry, Bromley, Kent, Grocer. May 21 at 3 at other

of Aird, Eastcheap Gardner, Thomas, Edgbaston, Birmingham, Printer. May 20 at 3 at

offices of Taylor, Colmore row, Birmingham Grinold, James, Sheffield, Edge Tool Manufacturer. May 24 at 12 at

offices of Mellor, Queen st, Sheffield Hale, Francis, Raymond Henry Hale, and Edward Hale, Salisbury,

Wilts, Builders. May 24 at 1 at White Hart Hotel, Salisbury. Lee and Co, Salisbury Hamby, Henry, Mirfield, Youk, Coalminer. May 18 at 11 at Ramsdens

Arms, Huddersfield. Mitcheson Hartley, Perceval, jun, Kirk dammerton, York, Clerk in Holy Order

May 20 at 2.30 at offices of Orum bie, Stonegate, York. Hirst and

Capes, Harrogate Hawes, Alfred Hawes, Poultry, Hosier. May 24 at 2 at offices of

Postlethwaite. Barrow-in-Furness, May 21 at 12
Osborne. William, Rye, Sussex, Grocer. Pet May 6. Young. Hast-

ings, May 22 at 2

Chatteris and Co, Queen Victoria st. Sturt, Ironmonger lane
Hilton, George, Mission, Nottingham, Farmer. May 24 at 12 at ofices

of Marshall, Chapelgate, Eist Retford

« PreviousContinue »