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entitled to have the proceeds of the bills and mortgage applied, in preference, to the liquidation of their demands.-Ex-parte Waring,

2 G. & J. 403. PARTNERSHIP. 1. Where different firms are engaged in a joint adventure, the creditors,

in respect of the adventure, may prove against the joint estates of the

minor partnerships.—Ex-parte Nolte, 2 G. & J. 295. 2. A solvent partner cannot prove against the separate estate of his co

partners, upon indemnifying the joint estate against partnership

debts.-Ex-parte Moore, 2 G. & J. 166. 3. He cannot prove until all the joint debts are paid.—Ex-parte Ellis,

2 G. & J. 312. PETITIONING CREDITOR. 1. Where a bankrupt's assets are greater than his debts, and the credi

tors who have proved consent to the supersedeas, the petitioning creditor may receive his debt in full, without subjecting himself to the penalty for compounding under 6 Geo. IV. c. 16. s. 8. — Ex-parte

Smith, 2 G. & J. 291. 2. The deposition of the petitioning creditor, at the opening of the com3. A seller in France of contraband goods may prove, unless he parti

mission, does not entitle him to vote in the choice of assignees.-Eik

parte Rawson, 2 G. & J. 353. PRACTICE 1. A petition in bankruptcy is not vitiated by being entitled “ In Chan

cery.”—Ex-parte Hudson, 2 G. & J. 228. 2. Where commissioners refuse to find a person a bankrupt, the court

will not allow the commission to be resealed, and directed to other

commissioners.-Ex-parte Nicholls, 2 G. & J. 266. 3. Where a commission fails through the mistake, either in law or fact,

of the original petitioning creditor, the costs of a petition to substitute the debt of another creditor upon which the commission may proceed, are to be paid out of the estate : otherwise if in conse

quence of misconduct or fraud.-Ex-parte Cousins, 2 G. & J. 270. 4. Where a petition is ordered to stand over until after a trial, there

need not be a new petition for further directions.-Ex-parte Win

dow, 2 G. & J. 280. 5. Where the petitioner does not appear, the respondent is entitled to

his costs, upon producing the office copy of the petitioner's affidavit of

service.-Ex-parte Garth, 2 G. & J. 392. 6. The husband must join in a docket by a feme coverte upon a debt due

to her en autre droit.-Ex-parte Mogg, 2 G. & J.397. PROOF. 1. Where it was agreed, upon a loan to the bankrupt, that six months'

notice should be given before repayment was required; the debt is proveable, though no notice be given before the bankruptcy.—Ex

parte Dowman, 2 G. & J. 241. 2. A sum covenanted to be paid by the husband when demanded by the

trnstees, if demanded before the bankruptcy, is proveable.-Ex-parte · Brenchley, 2 G. & J. 174.

cipate in smuggling them.-Ex-parte Cavaliere, 2 G. & J. 227. 4. Proof cannot be made by one person on behalf of several creditors.

Ex-parte the Bank of England, 2 G. & J. 363. SECURITY. 1. A security for a separate demand does not extend to partnership

claims.—Ex-parte Freen and Morrice, 2G. & J. 246. 2. The interest of partners, where the estate was purchased out of the

joint property, and mortgaged for a joint debt, is a joint security.

Ex-parte Free, 2G. & J. 250. 3. The proprietor of bills improperly applied in reducing the balance

between his bankers in the country and their London agents, is entitled to be indemnified from surplus security held by the latter.-Ex

parte Armitstead, 2G. & J. 371. STATUTE OF LIMITATIONS. 1. After a commission has issued, debts not before barred, are not

affected by lapse of time.--Ex-parte Ross, 2 G. & J. 330. SUPERSEDEAS. 1. A bankrupt cannot, after certificate, petition to supersede because he

was not a trader.-Ex-parte Lewis, 2 G. & J. 208. 2. A commission will not be superseded, even with consent of creditors,

until the bankrupt has surrendered.—Ex-parte Peaker, 2G.&J. 337. 3. A joint commission may be superseded as to one of the bankrupts,

without prejudice to its validity with regard to the other.-Ex-parte

Bygrave, 2 G. & J. 391. TAXATION. 1. The master's taxation of a solicitor's bill under 5 Geo. 2. c. 30. s. 46.

is not conclusive until he has signed his certificate.—Ex-parte Neale,

2 G. & J. 226. 2. A petition to tax a solicitor's bill, after payment, must set out some

objectionable items.Ex-parte Beresford, 2 G. & J. 259. TRADING. A devisee for life, who converts the soil into bricks, is not a trader.

Ex-parte Burgess, 2 G. & J. 183. TRUSTEE A new trustee may be appointed under 6 Geo. 4. c. 16. s. 79. without

reference to the master.—Exparte Inkersole, 2G. & J. 230.

It was our wish, from the first, to include in the Digest all King's Bench and Common Pleas Reports from the beginning of Michaelmas Term last. On the publication, however, of the last Numbers of Bingham, and Moore and Payne, we were under the necessity of departing from the plan, or of including two Numbers of each of the Common Pleas Reports in the present Number, which, at that time, we were not aware that we could do. Those Numbers, therefore, were omitted, and, with any others that may appear in the interim, will be given in our next.

ABSTRACT OF PUBLIC GENERAL STATUTES.

N. B.-We have given the titles of all statutes passed in the present session and

in print at the present time; and have fully abstracted those which from the nature and importance of the subject matter require particular notice. June 14, 1828.

CAP. 1.–An Act for applying a Sum of Money for the Service of the Year One thousand eight hundred and twenty-eight.

[19th February 1828.] CAP. 2.-An Act for raising the Sum of Twelve Millions by Exchequer king's bench; the sessions to commence in the week preceding the holding of each of the quarter or general sessions of the peace for the county of Middlesex. CAP. 10.–An Act for applying certain Sums of Money to the service of the

Bills, for the Service of the Year One thousand eight hundred and twenty-eight.

[19th February 1828.] CAP. 3.–An Act for the regulating of his Majesty's Royal Marine Forces while on Shore.

[21st March 1828.] CAP. 4.-An Act for punishing Mutiny and Desertion, and for the better

Payment of the Army and their Quarters. [21st March 1228.] Cap. 5.–An Act for continuing to his Majesty for One Year certain

Duties on Personal Estates, Offices, and Pensions in England, for the service of the Year One thousand eight hundred and twentyeight.

[26th March 1828.] CAP. 6.-An Act to indemnify such Persons in the United Kingdom as

have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twenty-fifth Day of March One thousand eight hundred and twenty-nine.

[26th March 1828.] CAP. 7.–An Act to continue for One Year, and from thence to the End

of the then next Session of Parliament, so much of certain Acts of the Parliament of Ireland, as relate to the lighting, cleansing, and watching of which no particular Provision is made by any Act of Parliament.

[26th March 1828.] CAP. 8.–An Act for fixing, until the Twenty-fifth Day of March One

thousand eight hundred and twenty-nine, the Rates of Subsistence to be paid to Innkeepers and others on quartering Soldiers.

[3d April 1828.] CAP. 9.-An Act to enable the Justices of the Peace for Westminster

to hold their Sessions of the Peace during Term and the Sitting of the Court of King's Bench.

[3d April 1828.] The justices of the peace for the city and liberties of Westminster, may hold their sessions during term and the sitting of the court of before the Lords Spiritual and Temporal, on a Bill to exclude the Borough of Penryn from sending Members to serve in Parliament.

Year One thousand eight hundred and twenty-eight. [3d April 1828.] CAP. 11.–An Act to exempt Vessels propelled by Steam from the Pe

nalties to which Vessels are liable, under various Acts, for having fire on board in the Ports, Harbours, Rivers, Canals, and Lakes of Ireland.

[3d April 1828.] CAP. 12.-An Act to indemnify Witnesses who may give Evidence,

[18th April 1828.] CAP. 13.-An Act for further regulating the Payment of the Duties

under the Management of the Commissioners of Stamps on Insurances from Loss or Damage by Fire.

[9th May 1828.] Enacts that detached buildings, or goods contained in such buildings, occasioning a plurality of risks, shall be valued and insured separately, and that any policy, whereby any insurance from fire shall be made upon two or more separate subjects or parcels of risk collectively in one sum, shall be void, and the person granting or continuing it be liable to a penalty of 100). CAP. 14.-An Act for rendering a written Memorandum necessary to

the Validity of certain Promises and Engagements. [9th May 1828.]

Note.—This act extends only to England and Ireland, and takes effect from 1st January 1829; see ss. 9, 10.

After reciting the Statutes of Limitations 21st Jac. 1. c. 16. and 10 Car. 1. sess. 2. c. 6. (Irish act.) And also that various questions had arisen in actions founded on simple contract, as to the proof and effect of acknowledgments and promises offered in evidence for the purpose of taking cases out of the operation of the said statutes, and that it was expedient to prevent such questions; enacts, that in actions of debt or upon the case grounded on any simple contract, no acknowledgment or promise shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the said enactments, unless such acknowledgment or promise sball be made or contained by or in some writing to be signed by the party chargeable thereby. Joint contractors, or executors or administrators of any contractor, shall not be chargeable in respect of any written acknowledgment of his co-contractor, &c. but this enactment is not to alter, take away, or lessen the effect of any payment of principal or interest made, by any person whatsoever. In actions against two or more such joint contractors, or executors or administrators, if it shall appear at the trial or otherwise, that the plaintiff, though barred as to one or more of such joint contractors, or executors or administrators, shall nevertheless be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment or promise, judgment may be given Representations of character.No action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain credit; money or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith. s. 6.

and costs allowed for the plaintiff as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff. s. 1.

Pleas in abatement.-If a defendant in any action on simple contract shall plead in abatement that any other person ought to be jointly sued, and issue be joined on such plea, and it shall appear at the trial that the action could not by reason of the said recited acts or this act be maintained against such other person, the issue joined on such plea shall be found against the party pleading the same. s. 2.

Indorsements of payment.-No indorsement or memorandum of any payment written or made upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of the said statutes. s. 3.

Set off.The said acts and this act shall apply to the case of any debt or simple contract alleged by way of set-off on the part of any defendant either by plea, notice, or otherwise. s. 4.

Contracts by Infants.No action shall be maintained upon any promise or ratification after full age, of any promise or simple contract made during infancy, unless such promise or ratification shall be made by some writing signed by the party to be charged therewith. s. 5.

Executory contracts for the sale of goods.Reciting that the 29 Car. 2. c.3. and the Irish Act, 7 W. 3. c. 12. did not extend to certain executory contracts for the sale of goods, enacts that the said acts shall extend to all contracts for the sale of goods of the value of ten pounds sterling and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery. s. 7.

Stamps on Agreements.—The memorandums or agreements required by this act are exempted from stamp duty. s. 8. CAP. 15.—An Act to prevent a Failure of Justice by reason of Vari

ances between Records and Writings produced in Evidence in support thereof.

[9th May 1828.] Enacts that it shall be lawful for every court of record holding plea in civil actions, any judge sitting at nisi prius, and any court of oyer and terminer and general gaol delivery in England, Wales, Berwickupon-Tweed and Ireland, if such court or judge shall see fit so to do, to cause the record on which any trial may be pending before any such judge or court in any civil action, or in any indictment or information, for any misdemeanor, when any variance shall appear between any

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