INSOLVENT DEBTORS

Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process.

Wm. Rylance, Ulnes Walton, Lancashire, agricultural labourer, July 13 at 9, County Court of Lancashire, at Chorley.-H. Sheldon, Hulme, Manchester, bookkeeper, June 29 at 1, County Court of Lancashire, at Manchester.-Mary Row, widow, Potterbanworth, near Lincoln, in no business, July 2 at 10, County Court of Lincolnshire, at Lincoln.Robert Owens, All Saints, Southampton, tailor, June 30 at 10, County Court of Hampshire, at Southampton.-William Kirkby, Netherseal, Leicestershire, saddler, July 4 at 10, County Court of Leicestershire, at Ashby-de-la-Zouch.Saml. Chapman, Aldborough, Norfolk, tanner, July 9 at 3, County Court of Norfolk, at Holt.-Joseph Baxter, Moira, Ashby-de-la-Zouch, Leicestershire, July 4 at 10, County Court of Leicestershire, at Ashby-de-la-Zouch.-J. Young, Bilston, Staffordshire, miner, June 24 at 12, County Court of Staffordshire, at Wolverhampton.-Rich. Timmins, Wolverhampton, Staffordshire, out of business, June 26 at 12, County Court of Staffordshire, at Wolverhampton.-Thos. Thirlwall, St. Cuthbert's, Carlisle, Cumberland, farmer, June 26 at 10, County Court of Cumberland, at Carlisle.-Richard Adney, Welland, Devonshire, clerk, July 12 at 10, County Court of Devonshire, at Tiverton.-John Roberts, Blockhouse, Worcestershire, cabinet maker, July 11 at 10, County Court of Worcestershire, at Worcester.-Henry Hughes, Congleton, Astbury, Cheshire, innkeeper, June 29 at 10, County Court of Cheshire, at Congleton.-James Ross, Lambley, Nottinghamshire, bag hosier, July 6 at 9, County Court of Nottinghamshire, at Nottingham.-Wm. Hinks, Nottingham, boatman, July 6 at 9, County Court of Nottinghamshire, at Nottingham.-Thos. Turnham, Leighton Buzzard, Bedfordshire, butcher, July 11 at half-past 1, County Court of Bedfordshire, at Leighton Buzzard.-Richard Davis, Wolverhampton, Staffordshire, stocktaker, June 26 at 12, County Court of Staffordshire, at Wolverhampton.- George Wilkes, Fairford, Gloucestershire, plumber, July 5 at 10, County Court of Gloucestershire, at Cirencester.-Henry Mettam, Sheffield, Yorkshire, horn cutter, July 4 at 10, County Court of Yorkshire, at Sheffield.-John Harvey, South Croxton, Leicestershire, farmer, July 3 at 10, County Court of Leicestershire, at Leicester.-Thomas Forster, Birmingham, retail brewer, July 16 at 2, County Court of Warwickshire, at Birmingham, -George Salter, Birmingham, canal carrier, July 16 at 2, County Court of Warwickshire, at Birmingham.-Wm. Thomas, Birmingham, accountant, July 16 at 2, County Court of Warwickshire, at Birmingham.-Thos. Brown, Sutton-inAshfield, Nottinghamshire, wheelwright, July 3 at 9, County Court of Nottinghamshire, at Mansfield. John Wainwright, Nottingham, baker and flour dealer, July 6 at 9, County Court of Nottinghamshire, at Nottingham.-S. Davis, Nottingham, dealer in cigars, July 6 at 9, County Court of Nottinghamshire, at Nottingham.-Edward Gill, Chardstock, Dorsetshire, yeoman, July 9 at 10, County Court of Devonshire, at Axminster.—William Vernham, Horsham, Sussex, licensed victualler, July 10 at 12, County Court of Sussex, at Horsham.-George Sims, Lincoln, coachman, July 9 at 10, County Court of Lincolnshire, at Gainsborough.-Edmund Gandy, Boughton Monchelsea, Kent, painter, July 10 at 12, County Court of Kent, at Maidstone.-John Perkins, Gainsborough, Lincolnshire, saddler, July 9 at 10, County Court of Lincolnshire, at Gainsborough.-W. Grattidge, Birmingham, hosier, July 16 at 2, County Court of Warwickshire, at Birmingham.-Henry Akerman, Birmingham, attorney's clerk, July 16 at 2, County Court of Warwickshire, at Birmingham. -Joseph Porta, Birmingham, greengrocer, July 16 at 2, County Court of Warwickshire, at Birmingham.

The following Persons, who, on their several Petitions filed in the Court, have obtained Interim Orders for Protection from Process, are required to appear in Court as hereinafter mentioned, at the Court-house, in Portugal-street, Lincoln's Inn, as follows, to be examined and dealt with according to the Statute :—

road, Dalston, Middlesex, gardener.-Wm. H. M. Nicholls, Camera-sq., Chelsea, and Pall-mall, Middlesex, tailor.

July 8 at 10, before Mr. Commissioner PHILLIPS. Mary King, widow, Paris-st., Lambeth, Surrey, licensed victualler.-Wm. Greenstreet, Champion-hill, Camberwell, Surrey, gardener.

The following Prisoners are ordered to be brought up before
the Court, in Portugal-street, to be examined and dealt
with according to the Statute:-

July 6 at 11, before Mr. Commissioner HARRIS.
John Brace, Charlotte-terrace, New-cut, Lambeth, Surrey,
out of business.-Wm. J. Gilbert, Francis-place, Friar-st.,
Blackfriars-road, Surrey, out of business.-Saml. G. Carrell,
Caroline-cottages, St. Ann's-road, Brixton, Surrey, out of
business.-Chas. H. R. Harrison, Lansdown-road, Stockwell,
Surrey, surgeon.-William Hallett the younger, Croydon,
Surrey, out of business.-Edward Smith, Canterbury-street,
York-road, Lambeth, Surrey, in no business.-A. Symmons,
St. Andrew's-road, Newington, Surrey, out of business.

July 9 at 11, before the CHIEF COMMISSIONER.
James Harding, Mill Meads, Guildford, Surrey, architect.
Richard E. M'Kenna, Webb's County-terrace, New Kent-
road, Surrey, not in any business.-Chas. Mills, Seymour-st.,,
Euston-sq., Middlesex, out of business.-Henry H. Harper,
Carlisle-st., Soho-sq., Middlesex, commission agent.-Benj.
Hope, Thavies-inn, London, and Ely-pl., Holborn, Middlesex,
attorney at law.-Robt. Hen. Wm. Bartlett, Epsom, Surrey,
attorney at law.

County Court of Lancashire, at Lancaster. Assignees have been appointed in the following Cases:

No. 70,907; Robt. Turner, assignee.-Thos. Forbes, PrestWm. Roscoe Bardswell, Liverpool, traveller to a brewer, wich, near Manchester, plumber, No. 71,008; J. Livingston, assignee.-Edmund Miller, Chorlton-upon-Medlock, Manchester, out of business, No. 70,961; William Tomkinson, assignee.

The following Prisoners are ordered to be brought up before a Judge of the County Court, to be examined and dealt with according to the Statute:

At the County Court of Lancashire, at LANCASTER, July 6 at 11.

James Bradley Wardle, Liverpool, clerk in the Post-office, Liverpool.-Wm. Boond, Egremont, near Liverpool, debt collector.-Wm. Beamer, Liverpool, joiner.-R. Standing, Waddington, near Clitheroe, butcher. Mark Grimshaw, Manchester, brassfounder.—Roger Roscoe, Chorley, carder in a cotton factory.-Edmund Wallington, Salford, joiner.John Hornby, Chorlton-upon-Medlock, Manchester, grocer. -Chas. Wainwright, Longsight, near Manchester, out of business.-James Mallalieu, Rochdale, traveller to a cotton waste dealer.-Alex. Somerville, Liverpool, author.-John Bebbington, Manchester, tripe dresser.-Robert M. Rigby, Liverpool, baker.-Thomas Till, Manchester, manager of a billiard room.-Samuel Lord, Blackburn, cotton spinner.Wm. Hughes, Liverpool, joiner.-John Moulding, Blackburn, out of business.-Thomas A. Phillips, Preston, commission agent.-Thos. Newton, Blackburn, cotton spinner.-James Oakes, Salford, dealer in tobacco pipes. - David Pepper, Liverpool, grocer.-John Barton the younger, Ulverstone, jobbing saddler.-Jacob Lowry, Manchester, shoemaker. At the County Court of Brecknockshire, at BRECKNOCK, July 9 at 10.

Samuel Prichard, Brecon, saddler.

At the County Court of Gloucestershire, at GLOUCESTER,
July 9 at 10.

John Trinder, Bisley, mealman.

At the County Court of Cheshire, at CHESTER CASTLE,
July 7 at 10.

Joseph Hall, Chester, baker.-Joseph Platt, Ravensmoor, near Nantwich, attorney at law.-Saml. Hulme, Siddington, labourer.-Thos. Edgerley, Davenham, near Northwich, out of business.-Thos. Hyde, Macclesfield, tailor.-J. Davies, Chester, out of business.-Randle Bower, Woodhead, near July 7 at 10, before Mr. Commissioner PHILLIPS. Mottram, Longdendale, cattle dealer.-Saml. Lockett, MacChas. Fred. Nicholls, Threadneedle-st., London, tailor.clesfield, out of business.-Samuel Lees, Micklehurst, near Edw. Dade, Buckingham-road, Kingsland-road, Middlesex, Mottram, Longdendale, cotton waste dealer.--James Mullin, warehouseman.-S. Gwilliams, Park-grove-cottages, Park- Liscard, tailor.

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THE JOINT-STOCK COMPANIES WINDING-UP ACT, 1848.
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INVALID LIVES.

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WIFE: comprising-1. The Contract of Marriage. 2. The Rules of Property thence arising. 3. Wife's Debts, Equities, and Necessaries. 4. Husband's Powers and Responsibilities. 5. Marriage Settlements. 6. Separate Use. 7. Deeds of Separation. 8. Custody of Children. 9. Divorce. 10. Practice on Acknowledgments of Deeds by Married Women. By JOHN FRASER MACQUEEN, Esq., of Lincoln's Inn, Barrister at Law, Author of "The Appellate Jurisdiction of the House of Lords and Privy Council, and the Practice on Parliamentary Divorce."

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NOTARY'S MANUAL, and CONVEYANCER'S ASSISTANT: containing Precedents of all ordinary Forms of Assurances, and other Instruments; Practical Instructions for Drawing Deeds, Wills, Abstracts of Title; Rules and Forms for County Courts; also Notarial Forms, Abstract of recent Real Property and other important Statutes; numerous Notes, Cases, &c.; adapted for Attornies, Solicitors, and Con veyancers in Town and Country. Revised, with considerable Alterations and Additions, by E. II. CAMERON. Third Edition. Corrected to the present time, by G. S. ALLNUTT, Esq., of the Middle Teinple, Barrister at Law.

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done so far back as the 23 Geo. 2, c. 27, which, establishing the old Westminster Small Debts Court, gave to each of the four counsellors of the Marshalsea and Palace Courts an annuity of 20!. a year, on the ground, that, holding these offices for their lives, and having been made chargeable therefore in respect of their freeholds, they would sustain great loss by the act, unless compensation should be made to them.

If, therefore, the patent under which the Court acts is valid, and if the Legislature, in the 23 Geo. 2, c. 27, acted on a sound principle, as regards the ground of compensation for injury to vested rights, there can be no question, that, whether the Palace Court be abolished, or whether its business be driven away from it, by giving power to any party brought before it to take the cause to a county court, the counsel and attornies will sustain great loss, and, therefore; ought to have compensation.

But it may be a very serious question, whether the Legislature did, in the 23 Geo. 2, act upon the true principle, in regard to such vested rights as we are considering; and whether the extent of the vested rights of the practitioners in the Palace Court (or in any other court possessing a special monopoly) is not merely an exclusive right to practise in that court-not a right to exclude the Legislature from erecting a concurrent jurisdiction. If having an interest not only in the continuance of a court, but in the absence of any other court, and being subjected to taxation, be the test of a right to compensation, every counsel and attorney practising in the courts of common law had a claim for compensation on the creation of the county courts, which, unquestionably, caused them considerable loss. But the Legislature has not adopted, nor has any one ever dreamed that it should have adopted, that test. The interest of a practitioner in the exclusive existence of his court may be increased in amount, but is not varied in character, by his having an exclusive privilege to practise. The fact seems to be, that the right of property that the holder of a privileged office in a court has in it, is a property in the office, and no more. If the office is abolished, or if, being in the nature of a monopoly, participants are introduced, his right of property is invaded, and his right to compensation accrues. But if, leaving his office untouched, not only as to its existence, but as to its exclusiveness in the court, the Legislature creates another court, or enables the Queen's subjects to apply to another court already existing, has the holder of the office any greater ground for saying that his right of property is invaded, than the tollkeeper of the sole road between two points would have, if the Legislature thought fit to permit the making of a second road?

We conceive the true principle is this-that the holder of an office has a vested right in the continuance of his office, but that he has not necessarily, though he may have under circumstances, a vested right in the continuance of the state of things that furnishes the pabulum wherewith his office is nourished.

MASTERS IN CHANCERY.-The Lord Chancellor has appointed the following Gentlemen to be Masters Extraordinary in the High Court of Chancery:-Francis John Sheppard, of Wells, Somersetshire; George Spackman, of Bradford, Wiltshire; George Holford, of Manchester; Thomas Perrior Fleetwood, of Maidstone, Kent.

THE JOINT-STOCK COMPANIES WINDING-
UP ACT, 1848, (11 & 12 VICT. c. 45).

lected and commented upon in an able article, ante, p. Many of the cases upon the Winding-up Act are col122. Some of these cases have since been affirmed on rehearing. One of the most important has been reversed, and several new decisions have been reported. As the subject is one of considerable importance, and of very general interest at this moment, we venture to offer a short notice of the additional cases, which must be considered supplementary to the article (ante, p. 122) already referred to, as by another hand.

Sect. 1. As to the Companies within the Act.-The most important decision on this section is, that railway companies formed after the passing of the 7 & 8 Vict. c. 110, only provisionally registered under that act, and which have abandoned their purpose before obtaining an act of Parliament, are within the Winding-up Act.

Vice-Chancellor Knight Bruce seems to have held this doctrine in the case of Re The Brighton, Lewes, and S. 604); but in the subsequent case of Ex parte Barber, Tonbridge Wells Direct Railway Company, (1 De G. & In re The London and Manchester Direct Independent Railway Company, (13 Jur. 182, and noticed ante, p. 122), on more mature consideration, his Honor seems to have changed that opinion. The Lord Chancellor, however, on a rehearing of the last-mentioned case before him, (reported 13 Jur. 395), reversed his Honor's decision, and decided, in conformity with the view of the Editor of THE JURIST, (stated ante, p. 61), that such railway companies were, in their imperfect condition, within the provisions of the Winding-up Act. have mentioned, if formed before the passing of the To include railway companies of the nature we Winding-up Act, they must be within the description given in the 7 & 8 Vict. c. 110, s. 2, or c. 111, s. 1; i. e. they must be considered companies "established" for "commercial purposes,' or for "purposes of profit;" or, in the language of the latter act, associated" Chancellor, in his judgment in the last-mentioned case, for "commercial or trading purposes." The Lord said that the company then in question would have come within the Winding-up Act, if formed after its passing, by the force of the last clause of the 1st section. The company was exactly in the condition described above; and it was argued, that it was only associated for the purpose trade nor contract, and therefore could not be said to of obtaining an act of Parliament; that it could not be formed for a commercial purpose. His Lordship, however, considered that the purpose was to make a railway to carry passengers and goods-to" manufacture engines, &c. for the purpose of deriving profit, either by using them for carrying goods, or letting them to either purpose appeared to his Lordship a commercial others for that purpose." The manufacture of goods for speculation within the terms of the 7 & 8 Vict. c. 111, and therefore the Winding-up Act applied to such a company.

turist Cattle Insurance Company, has also been reheard The case of Ex parte Spackman, in re The Agriculbefore the Lord Chancellor. (See 13 Jur. 415). His Lordship avoided giving an opinion on the question, whether this company was within the act, but dismissed the appeal, with costs, on the ground that no case was made for applying the act; none of the tests of insolvency therein specified being shewn to exist, and the company not having been dissolved. (See 1 De G. & S. 599; 13 Jur. 415).

A number of cases is reported in 1 De G. & S. The first of these gives the forms of the petition, of the order of reference to the Master, and of the list of contri