The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-07-16 00:00:00

LAW INTELLIGENCL.

LAW OF MORTMAIN.—The Bishop of London, the
Revds. Thomas Sherburne and Francis Trappes, two
'Roman Catholic priests, and Thomas Eastwood, Esq.,
of Brindle Lodge, near this town, were examined before
the select committee of the Law of slortmain last week.
Mr._Eastwood's evidence occupied the whole sitting of
the committee on the Thursday.
In the Court of Bankruptcy, William Bromley under-
went another examination, which disclosed facts of a most
painful nature, and frauds to an enormous extent. The
debts and liabilities amount in round numbers to about
1;140,000, principally through breaches of trust, and some
of them appear to have extended so far back as 1824.
The Right Hon. Dr. Lushington, and the Rev. Arch-
deacon Brymer, of Bath, were present on the bench,
they having, in their capacity of co-trustees with the bank-
rupt in to Wilkinson, been defrauded of no less a sum
than £29,000. The further hearing was adjourned.

CAUTION TO PERSONS MAKING WILLS.—On Wed-
nesday last, Dr. Lushington, the Judge of the Preroga-
tive Court, set aside as invalid under the statute of Wills,
1 Vic. 26, sec. 9, a will which had been signed by two
witnesses neither of whom had seen the signature of the
testator to the document, he having brought the docu-
ment into the room to ask their signatures with the paper
so folded that it is impossible they could have seen the
signature if it had been there. The learned judge held
that insufficient. They had seen no signature, and they
could not witness the acknowledgment of that they did
not see.

THE BAR.—In consequence of the recent changes which
have taken place at the bar by promotions and death, and
which have bad the effect of causing a great errear at
Nisi Prins, the Lord Chancellor and the Judges have
caused the following gentlemen to be called within the
bar, and on Monday they obtained their silk gowns :
Mr. Kinslake, of the Northern circuit; Mr. Alexander,
of the Western circuit; Mr. Whitehurst, of the Midland,
one of the juniors of the Oxford circuit; and Mr. Chad-
wick Jones, of the Home circuit and the Central Crimi-
nal Court, is made a Serjeant, and was invested with the
coif before the Lord Chief Justices and Judge of Com-
mon Pleas.
ACTIONS FOR GAMING DISCONTINUANCE BILL.—A
bill further to stay proceedings in certain actions under
the provisions of several statutes for the prevention of
excessive gaming, and to prevent any similar proceedings
being taken under those statutes during such further
limited time, has been brought in by Viscount Palmers-
ton and Mr. Tufnell, M.P. By the first clause qui tam
actions for the recovery of gaming penalties are further
suspended until the end of the next session of parlia-
ment—that is, we presume, until about the month of
August, 1845. The second clause enacts, that in any case
where actions ire prosecuted contrary to the provisions of
this act, a verdict is to be found for the defendants. The
bill is, we believe, awaiting a second reading en the
tible of the house of which Lord Palmerston is so distin-
guished a member.
The Marriage Celebration Bill just introduced into the
House of Lords by the Bishop of London, and "waiting
for seconding," is " to declare the law respecting the
publication of banns of matrimony, and the celebration
of marriages in churches and chapels to which districts
shall have been assigned under certain of the Church
Building Acts." The preamble recites the acts 1 and 2
Williath IV, c. 38; 1 and 2 Victoria, c. 107, and 3 and 4
Victoria, c. 60 ; and then continues to set forth, that
" doubts are entertained whether banns of matrimony can
be published, or marriages be celebrated or solemnized,
in churches or chapels to which districts have been as-
signed, or may hereafter be assigned, under the said acts,
or either of them, and that it is expedient to remove such
doubts." The clauses enact, that where districts have
been assigned under the recited acts, the Church Building
Commissioners, or the 'Bishop, may decide as to the pub-
lication of banns and celebration of marriages. Mar-
riages solemnized in churches or chapels built under the
..44s are .in lbw hat_
affect licenses for solemnising marriages in churches, ticc.,
under the act 6 and 7 William IV, c. 85.
YORKSHIRE SUMMER ASSIZES.—The Yorkshire Sum-
mer Assizes commenced at York on Wednesday last.
The arrival of the High Sheriff, Timothy Hutton, Esq.,
of Clifton Castle, was announced by a soaorous peal from
the Minster new bells on the previous evening, about
half-past five o'clock. Up to a late period it was not
known ha what manner the learned Judges of assize would
enter the city, but in consequence of an intimation then
received from their Lordships, the High Sheriff and the
City Sheriff (James Chadwick, Esq.) proceeded to Dring-
houses, with their respective retinues, to meet them. The
Lord Chief Baron and Mr. Justice Cresswell arrived at
the Cdpmantborpe station, on the York and North Mid-
land Railway, by the afternoon train from London, whence
they proceeded in their private carriages, each drawn by
four horses, to Dringhouses, where they were received by
the High Sheriff for the county, and having taken their
seats in his carriage, the cortege returned to the city, and
thence proceeded to the castle, where the commissions of
assizes were opened and read. The High Sheriff then
duly made the returns to the writs to him directed, and
the court was adjourned to the following day (Thursday),
at noon. Their lordships then proceeded to the Guildhall
in the city, where the assizes for the city were opened with
the like formalities.

COURT OF EXCHEQURR, JULY 6.—ACRAMAN V. Coo-
PER AND OTHERs,—This was an action of trover, to re-
cover £10,300. the alleged value of the scrip for 300
shares in the Royal Mail Steam Packet Company.. The
defendants, who are bankers, claim a lien on the scrip for
advances made upon this and other securities deposited
,
with them by Coils, Thompson, and Co., the plaintiff s
bill brokers. The case was tried at the sittings after last
Michaelmas Term by Lord Abinger, one of the juries
found for the defendants, and the second for the plaintiff.
The two cases were afterwards brought under considera-
tion of the Court of Exchequer, and a new trial was di-
rected in the present case. The Lord Chief Baron was of
opinion that if the plaintiff was aware when he deposited
the scrip with Coils, Thompson, and Co., it was a trans-
ferable security upon which the hill brokers might raise
money, the action could not be maintained.—After an ab•
sense of nearly an hour the jury returned a verdict for the
defendants. The foreman at the Came time stated that

although the jury felt themselves constrained, after the
evidence of the bill brokers, to return a verdict for the de-
fendants, they had heard with extreme surprire that it
was the practice of the bill brokers to raise money on col-
lateral securities, b dged with them. They thought it a
most dangerous practice for the mercantile world to raise
money upon collateral securities, whilst the original secu,
rities were still running and available.—The Chief Baron
asked the jury if they considered the scrip receipts a trans-
ferable security ? The foreman replied that the jury con-
sidered it a transferable but not a negotiable security, and
thrt the mercantile world were ignorant cf the custom de-
posed to by the brokers. '1 he verdict was then entered
for the defendants.