ELECTION LAW. Insufficient notice to solicitor a notice 60 A delay of two months by the client in procuring Meaning of sale without reserve-The highest bona fide BANKRUPTCY. Not sufficient allegation on application for injunctfon to 210 93 100 187 214 EVIDENCE. .. 211 Of publication of the bye-laws of a railway Protection granted on appeal to a bankrupt who had .. 161 83 135 136 FALSE IMPRISONMENT. Merely presenting a note of a bank that had stopped 169 FEME COVERT. .. 138 .... 107 138 CHARTER-PARTY. (See Maritime Law.) CHURCH, LAW OF THE. (See Clergy.) CLERK OF THE PEACE. (See Feme Covert.) INJUNCTION. CLERK TO JUSTICES OF BOROUGH INSOLVENDY. CLERGY, LAW OF. 216 What is, or is not, a frivolous or vexatious defence 199 COMBINATION ACT. .. 110 170 106 Conditions of protection.. 170 CONTRACT. Where it was only part performed, defeadant justified in Construction of term "ability to pay" in sect. 87 in rela- 170 104 Application of discretionary clause sect. 76 171 Application to hear opposition after adjudication, on 171 191 Rule as to debts contracted by traders-application of ** 219 REG. v. INHABITANTS OF AYLESFORD. DIVORCE AND MATRIMONIAL CAUSES COURT. Appeal Act-Practice-Poor-rate THE CHURCHWARDENS AND OVERSEERS OF LLANLLECHID 294 Petition for dissolution-Damages 326 LLOYD V. LLOYD AND CHICHESTER- Collusion in prosecution of petition .. Re THE METROPOLITAN SALOON OMNIBUS COMPANY- THOMSON V. BARRETT- Libel and slander-Special damage-Evidence ..page 243 Co respondent-Costs-Order on respondent to de- 244 335 Practice Taxed costs against husband-Number of 306 Petition for dissolution-Previous adultery of wife .. 243 CROWN CASES RESERVED. CHRISTIE . BORELLY- REG. v. Ross-REG. v. RAGG Contract Guarantee - Consideration Condition -- 328 .. False pretences-Sale by sample-False represen- 337 DAVIES V. WESTMACOTT- Practice- rit of summons-Leave to proceed- ADMIRALTY COURT. C.L.P.A. s. 87 THE AFINA VAN LINGE- HOWKINS v. BENNET Necessaries supplied out of jurisdiction-Action by PATTON v. GORDON- THE HIMALAYA- Salvage-Proportion awarded-Distribution 339 307 THE PRISCILLA- Practice-Taking out of court money paid in lien 302 COLLISION- 300 The Margaret 302 Election law-Liability of candidate to pay auditor's HOPKINS V. THE BIRMINGHAM AND STAFFORDSHIRE GAS- BANKRUPTCY. LIGHT COMPANY- Ex parte DENISON AND CARRICK, re DAVIES AND COOPER- 245 Ex parte GOTCH, re GOTCH- 330 332 INSOLVENCY. 299 Re ELCOAT- 301 EXCHEQUER CHAMBER. .... 230 268 244 341 Application of the discretionary clause, 1 & 2 Vict. c. 110, s. 76. Where there has been an unfair distribution of property, and an improvident trading, the court will pronounce an adverse adjudication under the discretionary clause. This insolvent, in June 1857, married the widow of a publican in King-street, Westminster, and with herself and business he acquired the burden of her late husband's debts, amounting to upwards of 1300/. In 1858 Government requiring his house for contemplated improvements in that locality, he received as compensation 1150/. A considerable portion of that sum was expended in paying off creditors, whose debts were contracted during the occupancy of the premises by Garwood, his wife's late husband. He arranged with the brewer, to whom he owed between 500l. and 6007, by paying him 3007. and giving him a promissory note for the balance. He then took other premises in the neighbourhood, and, to secure the brewers' renewed confidence, executed to them an equitable deposit of his lease. Three creditors, relatives of Garwood, who had taken out a fiat against him in 1857, were settled with by paying them 250. Another debt of Garwood's, to the amount of 3371., due to a loan society for money advanced, and for which they had got judgment, was also paid; but he paid nothing to the distillers, Sir Robert Burnett and Co., of Vauxhall, whose debt amounted to about 1207., and whose manager had advised him to offer a composition if there was not sufficient to pay the debts in full. The insolvent opened another house, with the expectation of increased trade from projected improvements, or of obtaining another compensation for his house if the Government should require it. This business continued for a twelvemonth, when it was brought to an abrupt termination under an execution issued by a money lender, from whom he had been receiving loans from time to time in the course of the year, to the amount of 7007. or 8004. His property was sold for 9007., the whole of which went to the brewers, who had the lease, and to the execution-creditor; trade creditors and others, to the amount of 600l. or 700l., got nothing. [PRIV. CO None of the opposing creditors were, at the date of the adjudication, in a situation to lodge a detainer. The effect of a remand under the 76th section is to detain the insolvent at the suit of all his creditors, any one of whom, during the pendency of the remand, may, upon an affidavit of debt and certified copy of the adjudication, proceed to detain the insolvent as in a case of mesne process in the old style. Vide Macrae's Prison Prac. 519.] Judicial Committee of the Privy Reported by JAMES PATERSON, Esq., of the Middle Temple, Thursday, Dec. 8. (Before The Right Hon. Lords CRANWORTH, CHELMSFORD and KINGSDOWN, Sir E. RYAN and Sir L. PEEL.) BELL v. GRAHAM. B. and G., man and woman residing in England, went Held, that B. could not now set aside the marriage on This was an appeal from a decree of the Chancery Court of York, affirming an order of the Consistory Court of Carlisle, in a suit of nullity of marriage brought by John Bell, of St. Michael's, Appleby, Westmoreland, against Elizabeth Graham, calling herself Bell. The libel of the plaintiff as admitted pleaded in sub Two trade creditors, a gasfitter and a carpenter, and stance as follows:— also a schoolmaster, opposed in person. Macrae opposed for Sir Robert Burnett and Co., whose balance of debt had been increased to the extent of 2001, and submitted that when the Government compensation was received his clients should have received something, and with regard to the balance incurred in the new business, under the circumstances, the debts might be said to be incurred without a reasonable expectation of payment. Sargood, who supported, replied. 1. That some time in the year 1845 the said Elizabeth Graham, falsely calling herself Bell, then and still a spinster, became the mother of a child by the said John Bell. That some time in the year 1847 she again became pregnant by the said John Bell, and that her delivery was expected late in that year or early in the year next ensuing. 2. That a brother of the said Elizabeth Bell, whom she lived with and partly depended on, became acquainted with and threatened to turn her out of doors on account of such her second pregnancy. That thereupon, and to prevent her brother putting such threat into execution, it was mutually concerted and agreed by and between the said John Bell and the said Elizabeth Graham to set up a pretended Scotch marriage as formerly had between them, and to procure (if possible) a certificate (pretended) of such (pretended) Scotch marriage to be exhibited (whensoever) as in proof thereof. The CHIEF COMMISSIONER said that the insolvent's accounts showed his exceeding rashness in going into a new business. It was an improvident trading. He could not get on a moment without the money lenders, and the account showed how he spent their money. He began with a loan of 1007., and that did not look like lasting long. During the twelvemonth in which the new trade was carried on there had been fourteen borrowings for sums varying from 100l. to 301. The trade creditors did not know he was borrow- 3. That the said John Bell, on the 10th Nov. 1847, ing every day of his life at exorbitant interest. The accordingly proceeded to Carlisle and thence to a tolltrade creditors looked to the trade, and they thought it bar called or known by the name of Allison's Bank or was an honest trade. There had been an unfair distri- Sack Bar in the parish of Gretna, in Scotland, the bution of the compensation received for the old busi-keeper of which toll-bar was in the habit (in fact made ness in reference to the claims upon it. Under all the circumstances of the case the insolvent would be discharged at the expiration of six months from the date of the vesting order, under the 76th section. [Note.-Insolvent had been arrested on a capias, in the Strand, on the 7th Oct. last. He filed his petition on the 20th Oct., and the next day a detainer was Modged in an action at the suit of the money lender. VOL, XXXV.-No. 875, 0.8.-No. 9, N.S. a trade) of marrying such parties as resorted to him for the purpose of getting married. That a formal register book (so purporting to be) was kept at the said toll-bar, in which regular entries were made of marriages had thereat, and that copies of such entries (purporting to be certificates of such marriages) were given on application to the parties to such marriages respectively. And that the said John Bell then and |