STANDEWICK V. HOPKINS. 14 Law J. (N. S.) Q. B. 16. Bail Court. Practice C. L. Affidavit of Jurors. Where on an application for a new trial, affidavits had been used setting forth gross misconduct committed by the jury, Patteson J. admitted affidavits of the jury denying such misconduct; holding that, although the affidavits of jurymen cannot generally be received, to support or to assail their own verdict, it would be contrary to natural justice not to allow them to answer affidavits casting imputations upon them. EXPARTE VEYSEY, IN RE VEYSEY. 3 Mont. Deac. & De Gex, 420. Practice in Bankruptcy — Joint Fiat - Petition to annul. One of the bankrupts against whom a joint fiat had issued, petitioned the Court of Review to annul the fiat, as against the petitioner alone. The Chief Judge held that he could not decide such a question in the absence of the other bankrupt, upon whom no notice of the petition had been served. EXPARTE FELL, IN RE FELL. 3 Mont. Deac. & De Gex, 472. Practice in Bankruptcy — Vivâ voce Examination. The petitioner had filed his affidavits. The respondents moved for a vivâ voce examination at the hearing of the petition, on the ground that one of the witnesses would not make an affidavit. The Chief Judge granted the application, saying, "There is nothing in the Act to prevent the two modes of examination from being blended; the Act empowers the Court to take the whole or any part of the evidence vivâ voce.1 EXPARTE ASHMORE, IN RE LUCAS. 3 Mont. Deac. & De Gex, 461 Practice in Bankruptcy. Removal of Assignee. A creditor petitioned for the removal of the sole assignee. It appeared that since his appointment the assignee had become, and continued to be, the managing clerk of a country solicitor. It further appeared that this solicitor, upon the bankrupt's interest in certain lands being put up to sale, became the highest bidder. It was alleged in the petition that the solicitor accompanied his clerk, the assignee, to the sale; that the price bid for the property was inadequate; that the purchaser neglected to complete his contract; that the assignee took no steps either to compel the specific performance, or to obtain a dissolution of it; and that the assignee, as clerk of the purchaser, was entirely under his influence. Fi 1 1 & 2 Will. 4. c. 56. s. 38. VOL. I. And see Exparte Palmer, 1 D. & C. 341. L L nally, it was asserted that the assignee's duty and interest were clearly in opposition to each other. The Chief Judge said, "Under the peculiar circumstances of this case, I think it the most convenient course to discharge the present assignee from the duties of his office, without however casting any reflection upon him. The Court merely expresses an opinion, on the undisputed facts of the case, that it is most advisable that the assignee should retire from the duties of his office." INDEX TO ADJUDGED POINTS. Account. Master's report - Practice, | Licence. See Marriage. Agreement. Where amounting to a Bankruptcy. Sce Practice. Equity. See Practice. Escheat. Lord's equity to redeem Elegit. See Mortgage. Lords, House of. See Practice. Marriage by Presbyterian minister in by licenee; false name, 478. Annuity secured to power over, 479, Liability to execution, 480. Mortgage. Equity of lord of manor to Equitable; priority over judg- Next of Kin. Upon a limitation to "next Executor, assent of, a matter of fact, Offences, compromise of, 498. not of law, 484. False name. See Marriage. Feme covert. See Married woman. Heir. In a bequest of personalty Infant. See Married Woman. Kin. See Next of Kin. Legacy. Children head tenants in com- Construction-Joint tenants Pleading in detinue, 504.; several Public officer. Trespass for acts done - POSTSCRIPT. THE approaching Session will, if we mistake not, be an important one for the cause in which we are more particularly embarked – the practical amendment of the law. Party feeling is at present languid, chiefly from the want of real and substantial food to keep the flame alive. Partisans whose interests are concerned in the matter are forced to hunt up for stimulating topics, and are hard put to it to find them. This then is the time, if ever it existed, when the Legislature may apply itself with advantage to the longneglected duty of the systematic amelioration of the law. We have endeavoured in this Volume, and more especially in the present Number, to bring before our readers most of the leading subjects which now stand for discussion, and to state their present position. It will be seen what a considerable budget is presented. The matter which perhaps presses first for attention is the Act which was passed in the last Session abolishing Imprisonment for debt for debts under 201. Our readers are already in possession of our views as to this. It must not be forgotten that the principle of the late Act has been assented to (with scarcely an exception) by all who, of late years, have either deliberately examined it or legislated with respect to it. It cannot therefore, we conceive, be displaced : but undoubtedly the Act must be materially amended; and we think a measure may be devised which on the one hand shall give all proper protection to the debtor, finding means both to investigate and punish fraud on his part, and on the other may put the creditor in the complete and ready possession of all the debtor's property. There has of course been much controversy on this subject, not unmixed with clamour; and we are quite satisfied that much temporary hardship has been inflicted on many creditors and others by the Act. But as yet the real facts of the case are not before the public. In the mean time we have been greatly pleased with a series of letters on Imprisonment for Debt which have appeared in the Morning Chronicle, which need not the initials [B. M.] to trace them to a pen which has been employed again and again in the cause of sound humanity, which, with all the experience of age, has all the freshness and vigour of youth. We would also direct attention to the Ninth Report of the Inspectors of Prisons, comprising the northern and eastern district of England, which has just been issued, from which it appears that the total 1 See Art. XIV. in No. I. |