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Assurances, Annuities, and Endowments granted, and every Provision for Families arranged. Premiums on the half-credit system. Extension of limits for voyaging and residence at ordinary rates. Naval and Military Lives, not in active service, assured at ordinary rates. DISEASED LIVES.

The experience of the Medical Life Office having fully established the accuracy of their special Tables for Diseased Lives, these risks will be taken as heretofore.

INDIA AND THE COLONIES.

Assurances effected at the most moderate rates of Premium which recent data justifies, and more than ordinary facilities given to Assurers proceeding abroad.

DAYS OF GRACE.

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Thos. Tallemach, Esq., Secretary.-Samuel Brown, Esq., Actuary. LIFE DEPARTMENT.-Under the provisions of an Act of Parliament, this Company now offers to new Insurers EIGHTY PER CENT. of the PROFITS, at Quinquennial Divisions, or a low Rate of Premium without participation of Profits.

Since the establishment of the Company in 1821, the amount of Profits allotted to the Assured has exceeded in Cash value 660,0007., which represents equivalent Reversionary Bonuses of 1,058,0007.

After the Division of Profits at Christmas, 1859, the Life Assurances in force, with existing Bonuses thereon, amounted to upwards of 4,730,000l., the Income from the Life Branch 207,000. per annum, and the Life Assurance Fund exceeded 1,618,000.

LOCAL MILITIA and VOLUNTEER CORPS.-No extra premium is required for service therein.

INVALID LIVES assured at corresponding Extra Premiums. LOANS granted on Life Policies to the extent of their values, if such value be not less than 50%.

ASSIGNMENTS OF POLICIES.-Written Notices of, received and registered. MEDICAL FEES paid by the Company, and no charge for Policy Stamps.

Notice is hereby given, that FIRE POLICIES which expire at Christmas must be renewed within fifteen days at this office; or with Mr. SAMS, No. 1, St. James's-street, corner of Pall mall; or with the Company's Agents throughout the Kingdom, otherwise they become void. Losses caused by explosion of gas are admitted by this Company.

This day is published, in 12mo., price 10s. 6d. cloth, HE LAW and PRACTICE of JOINT-STOCK COMPANIES, including the Statutes. With Notes, and the Forms required in Making, Administering, and Winding up a Company. By HENRY THRING, Esq., Barrister at Law.

V. & R. Stevens & Sons; H. Sweet; and W. Maxwell, Law Publishers.

A

This day is published, in 12mo., price 98. cloth, TREATISE on BILLS of SALE, with an Appendix, containing the Registration Act, 17 & 18 Viet. c. 36, and Precedents, &c. By F. C. J. MILLAR and J. R. COLLIER, Esqrs, Barristers at Law. SECOND EDITION, revised and enlarged. By F. C. J. MILLAR, Esq. V. & R. Stevens & Sons, and H. Sweet.

Just published,

THE LAWYER'S COMPANION FOR 1861:

containing a Law Calendar for the Year, and a variety of useful Matters of Daily Utility to Attornies and Solicitors; including Interest, Income Tax, Annuity, and other Tables; a Summary of Practical Statutes, an Index of the Statutes of the past Session of Parliament, copious Tables and Practical Information relating to the Stamp Duties, and short Practical Forms. A LONDON AND PROVINCIAL LAW DIRECTORY AND A DIARY for 1861. Edited by H. MOORE, Esq., Author of "l structions for Preparing Abstracts of Titles," "Solicitors' Book of Practical Forms," and "The Country Attorney's Pocket Remem brancer. Continued annually.

The Work is bound in cloth, and may be had as below at the following prices:

No. 1. Plain, two days on a page.......

2. Plain, two days on a page, interleaved for Attendances.
3. Ruled with faint lines and money columns, two days on a
page...

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4. Ruled with faint lines and money columns, two days on a page, interleaved for Attendances

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5. Whole page for each day, plain

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6. Whole page for each day, plain, interleaved for Attendances 96 7. Whole page for each day, ruled with faint lines and money columns

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8. Whole page for each day, ruled with faint lines and money columns, and interleaved for Attendances. London: Published for the proprietors by V. & R. Stevens & Sons, Law Booksellers and Publishers, 26, Bell-yard, Lincoln's-inn.

MAUDE AND POLLOCK'S LAW OF MERCHANT

SHIPPING.

Now ready, the Second Edition, greatly enlarged, price 30s. cloth,

A COMPENDIUM of the LAW of MERCHANT

SHIPPING. With an Appendix, containing all the Statutes and Forms of Practical Utility. By FREDERIC PHILIP MAUDE and CHARLES EDWARD POLLOCK, Esqrs., of the Inner Temple Barristers at Law. The Second Edition. In royal 8vo.

H. Sweet, 3, Chancery-lane, Fleet-street.

NEW EDITION OF HAYES AND JARMAN'S CONCISE
FORMS OF WILLS.

Now ready, price 18s., the Fifth Edition, greatly enlarged, of
AYES & JARMAN'S CONCISE FORMS of

HA WILLS; with Practical Notes.

By THOMAS SMITH BADGER, M. A., of Trinity Hall, Cambridge, and of Lincoln's-inn, Barrister at Law; Reader on the Law of Real Property to the Four Inns of Court. H. Sweet, 3, Chancery-lane, Fleet-street.

ROBES.-The Members of the Learned Profession

are respectfully invited to inspect the NEW ROBE DEPARTMENT of Messrs. H. J. & D. NICOLL, where every description of Robe may be obtained, correct in form, and at moderate prices. Q. C. Robes, rich silk, from 5 to 7 guineas.

Bar Robes, 42s. and 50s.

H. J. & D. NICOLL, State, Clerical, and Law Robe Makers, 114, Regent-street.

THE

HE NEW MEDICAL GUIDE, FOR GRATUITOUS CIRCULATION.-A Nervous Sufferer, having been effectually cured of nervous debility, loss of memory, dimness of sight, lassitude, and indigestion, by following the instructions given in the MEDICAL GUIDE, he considers it his duty, in gratitude to the author, and for the benefit of others, to publish the means used. He will, therefore, send free, on receipt of a directed envelope, and two stamps to prepay postage, a copy of the book, containing every information required. Address, James Wallace, Esq., Wilford House, Burton-crescent, Tavistock-square, London, W. C.

Orders for THE JURIST given to any Newsman, or letter (postpaid) sent to the Office, No. 3, CHANCERY LANE, or to V. & R. STEVENS & SONS, 26, BELL YARD, LINCOLN'S INN, will insure its punctual delivery in London, or its being forwarded on the evening of publication, through the medium of the Post-office, to the Country.

Printed by HENRY HANSARD, at his Printing Office, in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County of Middle sex; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan-in-the-West, in the City of London, by HENRY SWEET, residing at No. 34, Porchester Terrace, Bayswater, in the County of Middlesex,-Saturday, December 29, 1860.

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The Right Hon. Lord Chelmsford.

The Right Hon. the Lord Chief Baron.

The Right Hon. the Lord Justice Sir J. L. Knight Bruce.
The Right Hon. the Lord Justice Sir G. J. Turner.

Insurances expiring at Christmas should be renewed within fifteen days thereafter, at the Offices of the Society, or with any of its Agents throughout the country.

This Society holds itself responsible under its Fire Policy for any da. mage done by explosion of gas. E. BLAKE BEAL, Secretary.

A CCOUNT BOOKS.-Simple forms and convenient

sizes of ACCOUNT BOOKS, for large or small Practices, designed by Mr. G. J. KAIN, the Law Accountant, are, by permission, made and sold by WATERLOWS, Birchin lane, E. C. Number sold to the 30th November last, 1931.

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LIENS OF ATTORNIES.

Recently published, in 12mo., price 8s. cloth boards,

CLERICAL, MEDICAL, AND GENERAL LIFE

ASSURANCE SOCIETY, 13, St. James's-square, London.

ESTABLISHED 1824.

EMPOWERED BY SPECIAL ACT OF PARLIAMENT.

REPORT PRESENTED AT THE ANNUAL GENERAL MEET.
ING, HELD NOVEMBER 30, 1860.

The Directors have much satisfaction in presenting a favourable Report of the progress of the Society during the year ending the 30th June,

1860.

This year has been distinguished by the fact, that a larger amount of New Assurances has been effected than in any corresponding period. During the twelve months 572 Policies were issued, for an aggregate sum of 324,5751., and yielding 10,1797. in New Annual Premiums.

The Gross Income has increased in the same time from 179,119, to 185,9281., and the Assurance Fund from 1,255,5311. to 1,330,6211. Thus, after the payment of all claims and expenses, the Accumulated Fund has received an augmentation of 75,0901., a sum exceeding by 10,3001. the surplus of the previous year.

By the lamented death of the late Duke of Richmond the office of President of the Society, which his Grace had filled during a period of twenty-four years, became vacant. Whilst greatly regretting the severance of a connexion of such long standing, the Directors have the gratification of announcing that his Grace the Archbishop of York, previously a Vice-President, and who has been closely connected with the Society for a period of thirty-five years, has honoured the Society by accepting the office of President. The Directors have also the pleasure to state that the Duke of Marlborough has allowed his name to be added to the list of Vice-Presidents of the Institution.

The Directors desire, in conclusion, to observe, that all persons who shall have completed Policies on the Participating Scale before the 30th June, 1861, will share in the BONUS to be declared in January, 1862. This early participation in the Profits offers such advantages to new Assurers, that the Directors are unwilling to close their Report without inviting attention to the announcement.

The following are some of the distinctive features of the Society:-
One-half of the Annual Premiums on Policies for the whole Life may

A TREATISE on the LIENS of may either continue as a

SOLICITORS, and other LEGAL PRACTITIONERS. By

WHITLEY STOKES, Esq., of the Inner Temple, Barrister at Law.

H. Sweet, 3, Chancery-lane, Flcet-street.

This day is published, in 12mo., price 98. cloth,

debt on the Policy, or be paid off at any time.

Policies for TERMS OF YEARS may be effected at rates peculiarly favourable to Assurers.

INVALID LIVES may be Assured at Premiums proportioned to the increased risk.

The ACCOUNTS and BALANCE SHEETS are at all times open to the in

A TREATISE on BILLS of SALE, Vit. 30, section of the Assured, or of PER US proposing to witre.

Appendix, containing the Registration Act, 17 & 18 Vict. c. 36, and Precedents, &c. By F. C. J. MILLAR and J. R. COLLIER, Esqrs., Barristers at Law. SECOND EDITION, revised and enlarged. By F. C. J. MILLAR, Esq.

THE

V. & R. Stevens & Sons, and H. Sweet.

This day is published, in 12mo., price 10s. 6d. cloth,
THE LAW and PRACTICE of JOINT-STOCK
COMPANIES, including the Statutes. With Notes, and the
Forms required in Making, Administering, and Winding up a Company.
By HENRY THRING, Esq., Barrister at Law.

V. & R. Stevens & Sons; H. Sweet; and W. Maxwell, Law Publishers.

THE

Just published, THE LAWYER'S COMPANION FOR 1861: containing a Law Calendar for the Year, and a variety of useful Matters of Daily Utility to Attornies and Solicitors; including Interest, Income Tax, Annuity, and other Tables; a Summary of Practical Statutes, an Index of the Statutes of the past Session of Parliament, copious Tables and Practical Information relating to the Stamp Duties, and short Practical Forms. A LONDON AND PROVINCIAL LAW DIRECTORY

AND A DIARY for 1861. Edited by H. MOORE, Esq., Author of "Instructions for Preparing Abstracts of Titles," "Solicitors' Book of Practical Forms," and "The Country Attorney's Pocket Remembrancer." Continued annually.

The Work is bound in cloth, and may be had as below at the following prices:

No. 1. Plain, two days on a page....

s. d.

2. Plain, two days on a page, interleaved for Attendances...
3. Ruled with faint lines and money columns, two days on a
page....

5 0
7 0

5 6

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KA

AIN'S SOLICITORS' BOOKKEEPING,
adaptable also to COMMERCE.-Mr. KAIN'S WORK, (Sixth
Edition), with Rental System, 6s., (post-free), and Improved Account
Books, (list free), to be had of KAIN & SPARROW, Law and Mercan-
tile Accountants, (Costs Draftsmen, &c.), 69, Chancery-lane, W. C.; of
WATERLOWS; and of FOLKES & Co., Law Stationers, 7, Castle-street,
Holborn, E. C. Number of Adopters to the 30th November last, 903;
Account Books issued, 1931.

See Law List, 1860, pages 826 and 827.
Ꮓ Ꮓ

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London.-John Arnold Hurst, Ludgate-street, City, mantle manufacturer, Jan. 22 at 1, London.-George Henry Chace, Oxford-street, St. Marylebone, Middlesex, shoemaker, Jan. 18 at half-past 2, London.-John Surman, Southampton, tailor, Jan. 18 at 2, London.-John Muir, Kingston-uponHull, draper.-William Phillips the younger, Birmingham, pork butcher.-George Taylor, West Bromwich, Staffordshire, timber merchant.

To be granted, unless an Appeal be duly entered. James Collins, Oxford, paper maker.

PETITIONS ANNULLED.

MARK HAYES, New Brentford, Middlesex, cheesemonger,
Jan. 9 at half-past 1, and Feb. 11 at 12, London: Off. Ass.
Pennell; Sols. J. & J. H. Linklater & Co., 7, Walbrook,
City.-Pet. f. Dec. 22.
WILLIAM TUGWELL FENNELL, Brighton, Sussex, hatter, dealer in candles.-Edward Barons Bowman, Archerfield
William Burgess, Cambridge-street, Pimlico, Middlesex,
Jan. 9 at half-past 2, and Feb. 8 at 12, London: Off. Ass. House, Highbury New Park, Islington, and Alma-villas,
Graham; Sols. Lamb, Brighton; J. & J. H. Linklater &
Co., 7, Walbrook, City.-Pet. f. Dec. 26.
Dalston, Middlesex, apothecary.-William Thomas, Cardiff,
WILLIAM COX, Birmingham, grocer, Jan. 10 and Feb. 7 at Glamorganshire, publican.-John Johnson, Richard Clark,
11, Birmingham: Off Ass. Whitmore; Sol. Marshall, Bir-son, and Frederick Furness, Ashton-under-Lyne, Lancashire-
tailors.-Richard Andrews, Morning-lane, Homerton, Mid-
mingham.-Pet. d. Dec. 27.
dlesex, beer retailer.

HENRY WATSON, Longford, Derbyshire, miller, Jan. 10
and 31 at 11, Nottingham: Off. Ass. Harris; Sol. Tomlin-
son, Ashborne.-Pet. d. Dec. 27.
ISABELLA LILIAS MARY HARRIS, widow, Liverpool,
hosier, Jan. 7 and 28 at 11, Liverpool: Off. Ass. Morgan;
Sols. Lowndes & Co., Liverpool. --Pet. f. Dec. 24.
NOAH MILLER, Sidmouth, Devonshire, builder, Jan. 16
and Feb. 13 at 12, Exeter: Off. Ass. Hirtzel; Sol. Clarke,
Exeter.-Pet. f. Dec. 19.

MEETINGS.

Edward Lewis, Coleman-street, City, lithographer, Jan. 9 at half-past 11, London, last ex.-Wm. Sharp the younger, New Broad-street, City, underwriter, Jan. 10 at 11, London, last ex.-Septimus Frederick Martyn, Dowgate-hill, City, wholesale shoe warehouseman, Jan. 10 at 11, London, aud. ac.- -Frederick Caplin, Drury-lane, Middlesex, hosier, Jan. 11 at half-past 12, London, aud. ac.-Charles Dwelly, Clarendon-terrace, Bow-road, Middlesex, wheelwright, Jan. 3 at 11, London, aud. ac.-James Kelita Hardy, Fenchurch-street, City, blue manufacturer, Jan. 10 at 12, London, aud. ac.Robert Stevens, Ipswich, Suffolk, innkeeper, Jan. 3 at 2, London, aud. ac.-Joseph Hollings, Charles-street, Hampstead-road, Middlesex, cowkeeper, Jan. 10 at 2, London, aud. ac.-Walter Baynham, Hounslow, Middlesex, grocer, Jan. 3 at half-past 11, London, aud. ac.- - Charles Underwood, James-street, Covent-garden; Drury-lane; and Long-acre, Middlesex, grocer, Jan. 10 at half-past 1, London, aud. ac.Jonathan Hills and Robert Hills, Gravesend and Dartford, Kent, bankers, Jan. 9 at half-past 1, London, aud. ac. sep. ests.-Edward Shevington and James John Clutterbuck, Russell-street, Bermondsey, Surrey, leather dressers, Jan. 9 at 2, London, aud. ac.-Robert Lee, Cromford, Derbyshire, currier, Jan. 10 at 11, Nottingham, aud. ac.—Samuel Atack, Leeds, Yorkshire, builder, Jan. 10 at 11, Leeds, aud. ac.—J. Skinner, Northampton, shoe manufacturer, Jan. 17 at halfpast 11, London, div.-T. Manning, Aldershot, Southampton, hotel keeper, Jan. 18 at 1, London, div.-Wm. Smith and W. F. Patient, Bermondsey New-road, Surrey, tanners, Jan. 18 at 11, London, div.-Henry Keyte, Church-court, Old Jewry, City, silk manufacturer, Jan. 21 at 1, London, fin. div.-Thomas Horner, Hart-street, Bloomsbury, Middlesex, house decorator, Jan. 21 at half-past 11, London, div. -Leopold Redpath, Chester-terrace, Regent's-park, and Great Northern Railway Company's Offices, King's-cross, Middlesex, dealer in shares, Jan. 21 at 11, London, div.-W. Wilson, Thirsk and Northallerton, Yorkshire, currier, Jan. 18 at 11, Leeds, div.-Marshall Thomas Stacey, Leeds, Yorkshire, dealer in tea, Jan. 18 at 11, Leeds, div.-H. Mabson, Ecclesfield, Yorkshire, butcher, Jan. 19 at 10, Sheffield, div.

CERTIFICATES.

To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting.

Charles Barrow the younger, Coleman-street, City, wine merchant, Jan. 18 at 1, London.-Thomas George Wicks, Beckford-row, Walworth, linendraper, Jan. 18 at half-past 1, London. - John Skinner, Northampton, shoe manufacturer, Jan. 17 at half-past 11, London.-W. Napier, Union-wharf, Wapping-wall, Middlesex, coal merchant, Jan. 17 at 11,

PARTNERSHIP DISSOLVED.
Alfred Walter and Samuel Balden the younger, Birming
ham, attornies and solicitors, (under the style or firm of
Walter & Balden).

SCOTCH SEQUESTRATIONS.

Elizabeth Winning, or M'Farlane, Balmore, Baldernock, Stirlingshire, grocer. - Andrew Peddie, Shettleston, near Glasgow, smith.-Alexander Leask & Son, Blairgowrie and Dundee, flax spinners.-Rankin & Gray, Glasgow, carvers and gilders.-James Johnson, deceased, Gallowgate, Glasgow, grocer.-Frederick James Glendonwyn, deceased, Parton House, Kirkcudbright, doctor of medicine.-Henry G. Millar, Greenock, grocer.-Robert Wigham, or Whigham, Edinburgh, draper.-Anthony Thomson, jun., Poundland, Colmonell, Ayrshire, farmer.-James King, Houston, Renfrewshire, builder. William Connel, Edinburgh, coach builder.-David Strathie, Ayr, draper.-John Fyfe, Port Glasgow, wright.

TUESDAY, Jan. 1.
BANKRUPTS.

WILLIAM BRYANT, Oxford-street, Middlesex, tailor,
Jan. 11 at half-past 11, and Feb. 8 at 12, London: Off.
Ass. Cannan; Sols. Huson & Parker, 4, King-street,
AARON MARTIN CRAMP HODGMAN, Broadstairs,
Cheapside.-Pet. f. Dec. 28.
Isle of Thanet, Kent, miller, Jan. 11 and Feb. 15 at 2,
London: Off. Ass. Whitmore; Sols. Mercer & Edwards,
Ramsgate; Mercer, 8, Billiter-square, London.—Pet. f.

Dec. 31.

WILLIAM GROVE, Kingsland-road, Middlesex, licensed
victualler, Jan. 11 and Feb. 13 at 12, London: Off. Ass.
THOMAS EDGE, Great Peter-street, Vincent-square, West-
Graham.-Pet. f. Dec. 28.
minster, Middlesex, gas-meter manufacturer, Jan. 15 and
Feb. 13 at 1, London: Off. Ass. Stansfeld; Sol. Skilbeck,
19, Southampton-buildings, London.-Pet. f. Dec. 18.
WILLIAM BRENT, Blue Anchor-road, and Wilbourn-
terrace, Grange-road, Bermondsey, Surrey, tanner, Jan.
15 at half-past 12, and Feb. 13 at half-past 1, London:
Off. Ass. Stansfeld; Sol. Roberts, 8, Barge-yard-chambers,
Bucklersbury, London.-Pet. f. Dec. 31.
GEORGE WILLIAM KENRICK, Paragon-road, Church-
street, Hackney, Middlesex, livery-stable keeper, Jan. 10
at 12, and Feb. 11 at 1, London: Off. Ass. Pennell; Sols.
Pulley & Clarke, High Wycombe; Greville & Tucker, St.
Swithin's-lane, London.-Pet. f. Dec. 28.
ALFRED BROOKS, Ludgate-street, City, optician, Jan. 12
and Feb. 16 at 12, London: Off. Ass. Edwards; Sols.
Lumley & Lumley, 41, Ludgate-hill, London.-Pet. f.

Dec. 28.

OWEN HEWITT, Windsor, Berkshire, baker, Jan 12 at 1, and Feb. 19 at 12, London: Off. Ass. Lee; Sols. Harrison & Lewis, 6, Old Jewry, London.-Pet. f. Dec. 27.

[For continuation of Gazette, see p. 483]

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Court Papers:—

Equity Sittings, Hilary Term.. ...

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Ás a general rule, by the law of England a surety paying off a debt was always entitled to the benefit of the securities which the creditor may have taken from the principal debtor. There was, however, a very material exception to the rule in those cases where the security itself was extinguished by the act of payment, for then, in fact, there remained nothing to assign to the surety who paid the debt. Where, for instance, a surety paid a bond debt, he could not have required an assignment of the bond, because by the act of payment he extinguished the bond; the consequence was, that he was not a creditor by specialty, but merely by simple contract. (See Copis v. Middleton, Turn. & R. 229; Hodgson v. Shaw, 3 My. & K. 190; and Jones v. Davids, 4 Russ. 277).

The same principle was also held applicable to judgment debts. Thus, in Armitage v. Baldwin, (5 Beav. 278), a creditor sued his principal debtor, and recovered a judgment against him and the bail in the action. The surety thereupon "paid and satisfied to the creditor" the amount of the judgment, with interest and costs, and took an assignment thereof. Lord Langdale, M. R., held that the judgment was discharged, and that the

VICE-CHANCELLOR WOOD'S COURT-(Continued). Cottam v. The Eastern Counties Railway Company. -(Vendor and purchaser ·Joint owners Fraud-Negligence-Costs)

COURT OF QUEEN'S BENCH.

......

By G. J. P. SMITH, Barrister at Law. Reg. v. Gosse and Carter. (Nuisances Removal Act, 1855, ss. 7, 22, 39-Nuisances removal committee-Sewer-Order of justices on surveyors of highways-Certiorari). Reg. v. Bodkin and Beall. (Nuisances Removal Act, 1855, s. 22-Parish divided into districts for drainage works-House in one district assessed to sewer in another) Doick, App., Phelps, Resp.-(Watermen's Act, 22 & 23 Vict. c. cxxxii, s. 54-Barge navigated “from or to any place" within the limits of the act-" Western barge"-Conviction)..

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..... 1371

COURT OF COMMON PLEAS. By J. GRANT, Barrister at Law. In re Sanderson.-(Practice-Married womanAcknowledgment of execution of deed, &c. abroad -Certificate-Jurat of affidavit-3 & 4 Will. 4,

c. 74) Angell v. Oodeen.-(Practice-Attorney-Counsel's fees-Application for a rule nisi on last day of term) Fluester v. M'Lellan.-(Bankruptcy—Arrangement with creditors-12 & 13 Vict. c. 106, ss. 211 et seq.-1 & 2 Vict. c. 106, s. 19—Registration of judgment-Leasehold property of debtor-Process-Duty of Court in dealing with a novel and difficult question)

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surety could not recover on the judgment against the bail.

According to the law of Scotland, the surety could always call on the creditor for a surrender or assignment of all securities for the debt, the rule not being there subject to the qualification or exception in the English law exemplified in the cases of Copis v. Middleton, Hodgson v. Shaw, and Armitage v. Baldwin. The difference between the English and Scotch law upon this subject was considered by the Mercantile Commission in their Second Report, 1855, (p. 13), and they thought, very justly, that the equity and propriety of the Scottish rule were obvious, inasmuch as the surety by it obtained much aid in operating his relief from the hardship of having been compelled to pay another party's debt, and yet no detriment was thereby inflicted on any other party.

In consequence of the recommendation of the commissioners, the law of England was assimilated to that of Scotland, as to the right of a surety or co-debtor to have, without any exception, an assignment from the creditor of all securities on payment of the debt.

This recommendation was carried into effect by the Mercantile-law Amendment Act, 19 & 20 Vict. c. 97, s. 5, which enacts, that " every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, shall pay such debt or perform such duty, shall be entitled to

5

most of it that he could; although possibly there might be a plea so framed as to throw difficulties in the way of proceeding on the judgment.

have assigned to him, or to a trustee for him, every judgment, specialty, or other security which shall be held by the creditor in respect of such debt or duty, whether such judgment, specialty, or other security shall or shall not be deemed at law to have been satisfied by the payment of the debt or performance of the duty; and such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor in any action or other proceeding, at law or in equity, in order to obtain from the principal debtor, or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty; and such payment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding by him: provided always, that no co-surety, co-contractor, or co-debtor shall be entitled to recover from any other co-surety, co-contractor, or co-debtor, by the means aforesaid, more than the just proportion to which, as between those parties them-judgment should come into the hands of the co-debtor selves, such last-mentioned person shall be justly liable."

A case has lately been determined in the Common Pleas upon the construction of this section, in which we think the Court arrived at a conclusion entirely in accordance with the spirit in which the act was framed. The case to which we allude is Batchellor v. Lawrence, (6 Jur., N. S., part 1, p. 1306). There a co-debtor, having been taken in execution on a judgment recovered against himself and others, paid the entire debt. It was held that he was entitled, under the Mercantilelaw Amendment Act, sect. 5, to have an assignment of the judgment. It was, indeed, argued by the counsel for the defendant in the action, first, that the judgment was not within the act of Parliament, because it was not held as a collateral security by the creditor, and that as the plaintiff had paid the debt, and satisfied the judgment, it was no longer a security at all; and, secondly, that, assuming the judgment to be within the act, the action did not lie, inasmuch as the judgment, if assigned, would be useless to every one, and could be of no use or advantage to the plaintiff. The Court, however, did not agree with this argument. With regard to the first branch of it, Williams, J., in giving judgment, said that he thought the judgment was within the ordinary and grammatical meaning of the words used in the statute, but that it also seemed to have been the object of the Legislature to enact that the fact of the satisfaction of the judgment should not avail as an answer after it should have been assigned under the 5th section; that there seemed to be no reason to doubt that the statute intended that a person who had been a surety for others, or a person whom the statute regards as in the nature of a co-surety, should have the full benefit of an assignment over to him, from the creditor, of the judgment, in order that he might be in a better position, than he could heretofore have been in, to enforce payment of such part of the debt as remained due from the co-debtors. As to the second point urged on the part of the defendant, that the judgment would be useless if it were assigned, because there would be a plea in bar to any action upon it by reason of the previous proceedings the taking in execution and paying off the debt-the learned judge said that he agreed with Erle, C. J., that the Legislature had spoken in terms reaching not only to a surety, but also to a co-debtor, and that the Court was fully justified in considering the word "surety" to refer to both parties for whose benefit the enactment was passed-that is, both co-sureties and co-debtors. Besides, he was not prepared to say that the co-debtor, paying the debt, had not a right to the assignment of the judgment which the statute gave him, to make the

This decision of the Court of Common Pleas is, we have no doubt, quite right, and it would have been much to have been regretted if the Legislature, by the use of inapt words, had failed, on so important a subject, to carry out what was manifestly its intentionthe assimilation of the English to the Scottish law, which on this subject is founded on the Roman law. It is, however, still left in doubt what use can be made of the judgment when assigned to the co-debtor who has paid off the debt. We think, whatever may be at present the effect of the Mercantile-law Amendment Act, that the broad and comprehensive doctrine of the Roman law should be, if it be not already, adopted and carried out in this country, so that, on payment of a debt by a surety or co-debtor, not only should he have a right (independently of collateral securities) to an assignment of the debt, or any judgment obtained in respect of it, but that such debt or with all the original obligatory force which either may have had in the hands of the principal creditor, the payment or satisfaction thereof being considered not in any respect as an extinguishment, but as a sale of the debt.

PAYMENT OF WITNESSES IN CRIMINAL
CASES.

In a former number (ante, p. 331) we inserted an important presentment made at the Summer Assizes for Liverpool, condemning the insufficiency of the scale of allowances to witnesses at sessions and assizes, under the order of Sir George Grey of the 9th February, 1858. The grand jury of the county of York have adopted the same view, and presented the following memorial to the judge of the Winter commission of gaol delivery:

"The grand jury of the county of York, at the Winter gaol delivery in December, 1860, desire most respectfully to call the attention of the Hon. Mr. Justice Hill to the scale of allowances to prosecutors and witnesses in criminal cases at assizes and quarter sessions, as being quite insufficient adequately to remunerate those in the humbler walks of life, who are necessarily called away from their families and their ordinary occupations, for their expenses and loss of time, by which last expression the grand jury understand the stats. 7 Geo. 4, c. 64, s. 22, and 14 & 15 Vict. c. 45, to mean the reasonable allowance for the loss of wages during the time such witnesses are necessarily absent from their homes and their work. Those of the grand jury who are acting justices are not unfrequently very much embarrassed by the extreme reluctance of material witnesses to come forward to prosecute and give evidence in criminal cases of the gravest kind, as well as in all other cases likely to be sent for trial at assizes and quarter sessions within their jurisdiction, by reason of the loss of wages they thereby sustain, and the consequent privation to which their families are subjected. Necessary witnesses not unfrequently declare, that from their experience in former cases, they are reluctant, and even decline, again to come forward as witnesses. The grand jury are of opinion that justice is greatly impeded, and in many cases defeated, by the inadequate remuneration awarded under the present scale of allowances, and, from their observation and experience, they fear this is an increasing evil.”

The Queen has been pleased to appoint Stewart Campbell, Esq., to be one of her Majesty's Counsel for the province of Nova Scotia.

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