The Incorporated Council of Law Reporting for England and tales. THE LAW REPORTS. OPENING OF THE SUBSCRIPTION LIST FOR 1871. SUBSCRIPTIONS for the year 1871 will become payable on the 1st of November next, and as no Parts can be delivered until the Subscription is received, Colonial and other Subscribers will be so good as to remit their Subscriptions to the Secretary, JAMES THOMAS HOPWOOD, Esq., 3, New Square, Lincoln's Inn, London, W.C., in sufficient time to be received by him before the 1st of January next, in order that the Parts may be delivered to them free, as the cost of the transmission of all Parts published before the Subscription is paid must be borne by the Subscriber. Subscriptions are payable to the Secretary, and his receipt is the proper discharge to a prepaying Subscriber. All Cheques should be crossed "The Union Bank of London, Chancery Lane Branch," and Post Office Orders should be made payable at the Lincoln's Inn Post Office, Serle Street. Remittances from Ireland, Scotland, and abroad must include foreign bill stamps, bankers' commission, and all other expenses attending the receipt of the remittance. "THE LAW REPORTS" and "THE STATUTES" for the years 1866-67-68-69 & 1870, may be had on payment of the original Subscription of Five Guineas for each year. BINDING OF EQUITY CASES-VOL. IX. EQUITY CASES, VOL. IX. is now complete and can be Bound on the following Terms: SIXPENCE EXTRA WILL BE CHARGED FOR DOING UP THE CHANCERY APPEALS IN A WRAPPER. PARTS I. to VI. of the EQUITY SERIES, 1870, and the INDEX, &c., (published in August) ONLY are required for BINDING EQUITY CASES, VOL. IX.' N.B.-The above terms apply only to books bound according to pattern, which may be seen at the Publishing Office. An extra charge will be made for any alteration from the pattern. WILLIAM CLOWES & SONS, Printers and Publishers to the INCORPORATED COUNCIL OF LAW REPORTING FOR ENGLand and Wales, 51, Carey Street, Lincoln's Inn, W.C. COUNTY COURTS COMMON LAW AND EQUITABLE JURISDICTION. RULES, ORDERS, AND FORMS FOR REGULATING THE PRACTICE OF THE COUNTY COURTS. We, GEORGE LAKE RUSSELL, JOHN BURY DASENT, JOHN WORLLEDGE, RUPERT ALFRED KETTLE, and WILLIAM FURNER, being Judges of County Courts appointed to frame Rules and Orders for regulating the Practice of the Courts, and Forms of Proceedings therein, under the 32nd section of the County Courts Act, 1856, have, under the powers vested in us by the said Act and by the County Courts Act, 1865, and the County Courts Act, 1867, framed the following Rules, Orders, and Forms, and we do hereby certify the same to the Lord Chancellor accordingly. 1. The rules of practice which came into force in all County Courts on the 1st day of January, 1868, and are now in force in such Courts, may be cited as "The County Court Rules, 1868," and these rules may be cited as "The County Court Rules, 1870." 2. Process shall not be issued for service or execution unless the party at whose instance it is required to be issued shall give the Christian name and surname, description, and residence, or place of business of himself, and the surname, and, if known, the Christian name, and description, and also the residence of the party upon whom it is to be served, together with the name of the street and number of the house, if known, in which the party resides or carries on business; and every warrant shall have on it the name, address, and description of the plaintiff and defendant. 3. Upon transmission of the plaint note, with a request and a receipt (duly stamped where necessary) by a party to whose credit money has been paid into a Court, other than the Court within the district of which such party resides or carries on business, the registrar of the Court into which the money has been paid shall transmit such money to such party by registered post letter, enclosing a post office order less the cost of remittance, and such remittance shall be at the risk of the said party. 4. Where a person desires to enter a plaint in a Court within the district of which he does not reside, he may, instead of attending in person or by agent at the Court, transmit, free of cost, to the registrar the following: (1.) Statement shewing the name, address, and description of the plaintiff and defendants, the cause of action, and the amount claimed, and where the claim exceeds 408., as many copies of the statement of the particulars or cause of action as there are defendants, and an additional copy to file. (2.) A post office order for the fees payable upon the entry of the plaint. (3.) An envelope addressed to himself, with a penny postage stamp thereon. And upon the receipt of the above the registrar shall enter the plaint and forward the plaint note to the plaintiff in the addressed envelope. 5. For the purpose of the two foregoing rules the several districts of the Metropolitan Courts shall be considered inter se as one district only. 6. The letter, Form No. 6 to the County Court Rules, 1868, need not be transmitted with a summons sent for service from one metropolitan Court to another. the money shall not be paid out until after the return day, and then if any costs shall have been awarded to the defendant, such costs shall be deducted therefrom and be paid to the defendant. Fees under Section 2 of the Act of 1867. 9. The fee of 18. for service of a summons issued under sect. 2 of the County Courts Act, 1867, and the fee of 18. for affidavit of the service, where the amount claimed exceeds 408., shall be paid by the plaintiff to the registrar at the time of the entry of the plaint in respect of each defendant to be served, and where the summons is to be served in a foreign district be accounted for to the treasurer, who will allow to the registrar such affidavit fees as he may have repaid to plaintiffs, in cases where the summonses have not been served. 10. The high bailiff is entitled to 18. for endeavouring to serve the summons, even should he not succeed. 11. The amount claimed is to be inserted in the letter sent to the high bailiff of the foreign Court with the summons for service, according to the form in the schedule. 12. The affidavit of service of a summons under section 2 of the County Courts Act, 1867, shall be according to the form in the schedule. Attorney's Costs. 13. Costs in plaints for the recovery of tenements and in actions of replevin may, where the fees of Court are paid on 51. or upwards, be allowed to attorneys upon the scale applicable to actions on contract where the amount claimed exceeds 201., if the judge shall so order. 14. In actions of tort, where the damages claimed exceed 207., the plaintiff, if successful, shall, if the judge shall so order, be entitled to recover costs, according to the scale relating to actions of tort above 201., although less than 201. be recovered, and the defendant, if successful, and the judge shall so order, shall in all such cases be entitled to recover costs according to the said scale. 15. No costs shall be allowed to an attorney in actions under sect. 2 of the County Courts Act, 1867, unless the particulars of the plaintiff's demand be signed by such attorney; nor shall the total costs to be allowed to an attorney in actions under this section, where the sum claimed exceeds 40s., and does not exceed 51, be more than 5s, for all or any of the following acts: viz., preparing affidavit, swearing and filing, notice of mode of payment, copy and service of summons, affidavit of service with copy of summons annexed, attending to file, and entering up judgment by default. EQUITY. Order XX. a Person other than a Bailiff. In the County Court of holden at 7. Where by an affidavit of service of a summons made by the bailiff Affidavit of Service of Summons under Section 2 of 30 & 31 Vict. c. 142, b of a foreign Court, it shall appear doubtful whether the service will be held sufficient, the registrar of the home Court shall forthwith on receiving such affidavit send to the plaintiff a notice according to Form (No. 10) in the schedule to the County Court Rules, 1868. 8. Where a defendant pays money into Court in part payment of the amount claimed, or in order that he may plead the defence of a tender, Between A. B., Plaintiff, and C. D., Defendant. I, X. Y., the above-named plaintiff [or a clerk or servant in the permanent and exclusive employ of the above-named plaintiff, or in the permanent and exclusive employ of L. M., of attorney to the above-named plaintiff), make oath and say— That I [where service made by a clerk or servant, am a clerk [or servant] in the permanent and exclusive employ of the above-named plaintiff, or in the permanent and exclusive employ of L. M., of attorney to the above-named plaintiff, and that I] did on the day of 187, duly serve the defendant with a summons, a true copy whereof is hereunto annexed marked A, by delivering the same personally to the defendant. TUESDAY, Oct 11, 1870. LIMITED IN CHANCERY. Wine Company (Limited).-Petition for winding-up, presented July 27, directed to be heard before the M.R. on Nov 5. H. C. Jones, Blackfriars-rd, solicitor for petitioner. UNLIMITED IN CHANCERY. Nevada Freehold Properties Trust.-Petition for winding-up, presented Oct 11, directed to be heard before V.-C. Bacon on the first Petition Day of Michaelmas Term next. Mercer & Mercer, Copthall-ct, Throgmorton-st, solicitors for petitioner. Creditors under 22 & 23 Vict. cap. 35. FRIDAY, Oct 7, 1870. Last Day of Claim. Bracegirdle, Jno, Heaton Mersey, Lancaster, Labourer. Nov 12. Henwood & Marlow, Cole, Chas, William's-mews, New Kent-rd, Cab Proprietor. Nov 14. H. M. Sparham, St Davies, Thos, Newtown, Montgomery, late Maltster and Manufacturer. Grant, Robt H., Hongkong. Nov 3. Scott & Co, Lincoln's-inn-flds. Hornsey, Matthew, Stittenham, York, Farmer. Nov 1. Seymour & Blyth, Lendal, York. York. Smith, Mosley, Tunbridge Wells, Esq. Dec 1. Freshfields, Bank-bdgs. TUESDAY, Oct 11, 1870. Last Day of Claim. Apps, Jno, Tunbridge Wells, Kent, Innkeeper and Farmer. Dec 1. W. C. Cripps, Tunbridge Wells. Briscoe, Jno I., Chertsey, and Eaton-pl, Belgrave-sq, Esq. Dec 31. M. & F. Davidson, Burland, Sarah, West Bromwich, Widow. mingham. Nov 1. Beale, Marigold, & Beale, Bir Butterwick, Kobt, Newington Green-rd, Greengrocer. Nov 10. Parker, Rooke, & Cardell, Richd, Kenwyn, Cornwall, Yeoman. Oct 21. R. P. Cardell, Oldham. Cooper, Geo, North Walsham, Norfolk, Innkeeper and Coach Proprietor. Nov 10. Crispe, Jno, St Mark's-crescent, Notting-hill, Gent. Nov 15. Shaen & Roscoe, Bedford ampton-st, Strand. Herbert, Thos, Chester, Coach Proprietor. Nov 30. Finchett, Maddock, Moss, & Sharp, Chester. Hide, Geo O. J., Ball's Pond-rd, Watch Maker. H. L. W. Godwin, Colney Hatch. Johnson, Wm H., Macclesfield, Chester, Innkeeper. Nov 12. Brocklehurst, Wright, & Mair, Macclesfield. Kohn-Speyer, Isaac L., formerly of Liverpool, Merchant. Nov 1. A. S. Samuell, Leach, Fredk J., Middlesbrough, North Riding, York, Gent. Hunton, Richmond, Yorkshire. Stratton, Jno C., Mortlake, Surrey, Civil Engineer. Nov 7. Bailey, Shaw, Smith, & Bailey, Berners-st. Thorby, Thos, Blomfield-rd, Maida-hill, Gent. Oct 31. Leathes & Maynard, Langham-place. West, Thos, St Andrew's-ct, Holborn, Camden-rd, and Stanmore, Esq. Nov 10. P. N. Munns, for Freshfields, Bank-bdgs. Wilson, Geo, New-inn, Strand, and Park Cottages, Haverstock-hill, Solicitor. Nov 8. R. W. Busby, Mark-la. Cripps, Jno, Filkins, Oxford, Alehouse Keeper. Pet Oct 4. Oct 24, at 10, County Court, BANKRUPTCIES ANNULLED. FRIDAY, Oct 7, 1870. Coles, Wm, Harbury, Warwick. Oct 1. TUESDAY, Oct 11, 1870. Knös, Anders, Muscovy-ct, Tower-hill, Commission Merchant. Oct 10. NOTICE OF DIVIDEND MEETINGS. FRIDAY, Oct 7, 1870. Adams, Saml, Rufford's-bdgs, Islington, Victualler. Nov 3, at 1, London. Greaves, Josh, Hy Greaves, and Josh Bottomley, Holbeck, nr Leeds, Masons and Builders. Hudson, Jno, and Thos P. Hudson, Armley, near Leeds, Joiners and Builders. Oct 19, Short, Fredk, Leeds, formerly Innkeeper. Oct 19, at 11, Leeds. Edmondson, Josh, Barnard J. W. Whitehead, and Jno B. Albery, Blackburn, Drapers. Shrimpton, Saml, Lymington, Southampton, Saddler and Harness Maker. Nov 11, at 11, Fetherston, Jno, Henley-in-Arden, Warwick. Pet Oct 3. Oct 18, at 3, County Court, Kime, Geo, Great Grimsby, Lincoln, Grocer and Provision Dealer. Pet Oct 4. Oct 20, Matthewman, Benj, the yr, Sheffield, Stone Dealer. Adj Oct 3. Powney, Hy. Leicester, Elastic Web Manufacturer. Court, Leicester. Oct 20, at 1, County Pet Sept 3. Oct 19, at 12, County Oct 18, at 12, County Oct 19, at 11, County Welch, Thos, Liverpool, Merchant. Pet Oct 3. Oct 21, at 2, County Court, Liverpool. Wills, Jas, St Helen's, Lancaster, Grocer. Pet Oct 3. Oct 20, at 2, County Court, Liverpool. TUESDAY, Oct 11, 1870. To Attend in London. Lebahn, Chas F., Essex-rd, Islington, Publisher, Author, and Teacher. Pet Oct 7. Oct 24, at 12. Mauley, Lord de, Chas F. A. C. Ponsonby, Mount-st, Grosvenor-sq, and Lechlade, Glou- Rutherford, Jno, Cullam-st, London, and Betts-st, St George's-in-the-East, Merchant and Washington, Alf A., and Thos Dane, Tower-st-bdgs, London, Tea Dealers. Pet Oct 7. Winchelsea, Most Noble the Earl of, Victoria-st, Westminster. Pet Oct 8. To Attend in the Country. Oct 27, Butt, Caroline L., Cheltenham, Mistress of a Boarding-house for Young Ladies. Pet Oct Chipchase, Thos, York, Builder. Pet Oct 4. Oct 24, at 11, County Court, York. Goundrill, Wm, and Ann S. Goundrill, Manchester, Restaurant Proprietors. Pet Oct 6. London. Wadsworth, Alf, Leeds, Surgeon. Oct 19, at 11, Leeds. Walker, Thos, Leeds, Boot and Shoe Manufacturer. Oct 19, at 11, Leeds. Bowden, Hy, Salford, Grocer and Tea Dealer. Oct 25, at 10, Salford. Seaham Harbour. Oct 26, at 12, Hadfield, Robt, Hulme, Lancaster, Wheelwright and Smith. Oct 25, at 10, Salford. Huish, Saml H., Coventry-st, Haymarket, Plumber, Painter, Glazier, and House Decorator. Jewitt, Jas, Barton-upon-Irwell, Lancaster, Engineer and Machinery Agent. Oct 25, Kirk, Wm, Manchester, Painter and Paperhanger. Oct 25, at 10, Salford. Millard, Danl, Ampton-st, Gray's-inn-rd, Clerk in a Public Office. Nov 16, at 11, Noar, Edwd, Hulme, Lancaster, Corn, Flour, and Hay and Straw Dealer. Oct 25, at 10, Peacock, Thos, Frodsham, Wheelwright, Joiner, and Farmer. Oct 13, at 11, Runcorn. Reed, Jno W., Seaham Harbour, Butcher. Oct 26, at 12, Seaham Harbour. Smith, Robt, Stretford, Lancaster, Commercial Traveller. Oct 25, at 10, Salford. Hance, Jas, and Jno E. Cheesebrough, Liverpool, Woolbrokers. Pet Oct 5. Oct 24, Sterner, Julius, Tower-hill, Wine and Spirit Merchant. Nov 8, at 12, London. at 2, County Court. Liverpool. Leadbetter, Chas S., Manchester, Ironmonger. Pet Oct 6. Oct 27, at half-past 9, County Oliver, Richd, Gwnws, Cardigan, Farmer and Cattle Dealer. Pet Oct 5. Nov 17, at 11, Oxborough, Hy G., Penrith, Cumberland, Gent. Pet Oct 8. Oct 26, at half-past 12, Parish, Jas J., Bristol, Glass Cutter. Pet Oct 3. Oct 21, at 12, County Court, Bristol. Rowe, Geo, Mold-gro, nr Huddersfield, Grocer. Pet Oct 6. Oct 21, at 11, County Court, Huddersfield. Rushton, Hy, Chorlton-upon-Medlock, Chignon and Frizette Manufacturer. Pet Oct 6. Webb, Chas J., Portsea, Retired Paymaster, R.N. Pet Oct 6. Oct 29, at 1, County WORKS PUBLISHED UNDER THE AUTHORITY AND SUPERVISION OF THE INCORPORATED COUNCIL OF LAW REPORTING FOR ENGLAND AND WALES. PART II. SESSIONS CASES, 1870. PRICE 35. The SESSIONS CASES are issued in Quarterly Numbers. The pre-paid Annual Subscription is 10s., which it is requested may be paid to William Clowes & Sons. Copies also of the SESSIONS CASES for 1869 can still be obtained at the Publishing Office, price 10s. PART II., VOL I., REGISTRATION CASES, 1869-70. PRICE 4S. Copies also of Part I., being the Cases for 1868-9, can still be obtained at the Publishing Office, price 75. For the Two Parts in One Wrapper, the price is 10s. THE DIGEST TO THE LAW REPORTS IS DELIVERED GRATIS TO ALL SUBSCRIBERS TO THE ENTIRE SERIES OF THE N.B.-The DIGEST can be bound on the same terms and in the same style as the other Volumes of the LAW REPORTS, and also in limp red leather, price 4s. 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