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Mason, George, 14, Lower Hope-place, Liverpoool
Miller, Daniel James, 10, Lawn-place, South Lam-
beth; and Kensington-terrace
Moore, William, Playters, 49, Liverpool-street,
Argyle-square; and Upper Cumming-street
Munby, John Forth, 24, University-street; and
Clifton.

Newman, William, 8, Princes-street, Bedford-row.

Nicholson, George, 22, Tavistock-square; Guildford-street; and Richmond

To whom Articled, Assigned, &c.

E. Heath, Manchester

J. C. Sharp, Southampton

J. Holden, Liverpool

H. W. Hooper, Exeter; J. E. Fox, Finsbury-circus

H. A. Templer, Bridport

H. Hough, Oakham; F. Charsley, Amersham

R. Jackson, Bedford-row

A. Haymes, Leamington-priors

J. Jones, Dolgelly and Portmadoc

J. Sargent, Liskeard

C. Blount, Usk

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J. Atkinson, Leeds; A. Horsfall, Leeds

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Oddie, Edward, 65, Portland-place; and Piccadilly
Palmer, W. Danby, jun., 15, New Ormond-street,
Queen's-square; and Great Yarmouth
Parsons, Joseph Whiteway, 2, Powell-street, West,
King-square

Pearson, Frances Fenwick, 35, Bedford-place;
Kirkby Lonsdale; Norfolk-street; Hardwick-pl.
Pickop, John, London-terrace, Blackburn
Pinchard, J. H. Biddulph, 4, Great Russell-st.,
Bloomsbury; and Taunton

Plumer, John Bagwill, 11, Harleyford-place,
Kennington

Popplewell, Henry John, Gainsborough, Potternewton; and Leeds

Powell, Gabriel William, Ashby-road, Islington; and Cantreff-rectory, Breconshire

Powell, Phillip John, 28, Mornington-road, Regent's-park; and Lincoln's-inn-fields

Prescott, Byam Martin, 29, Wakefield-street, Regent's-square; and Chippenham

Preston, Thomas Hartley, 13, Anon-street, Pembroke-place, Liverpool

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Richardson, James Coke, 17, Chenies-street, Tottenham-court-road; and Clifton

Rixon, Augustus, William, 32, Gordon-square
Roberts, Samuel, Waltham-cross

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Rodway, George Wood, Trowbridge

Rutter, Llewellyn, 46, Great Ormond-street

Saunders, Thomas, 44, Regent-square; and Devonshire-street

Shaw, Thomas William, 77. Charrington-street, Camden-town

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D. Thomas, Brecon

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J. B. Bullock, Lincoln's-inn-fields

T. A. Fellowes, Chippenham

J.G. Snowball, Liverpool

J. Richardson, York

W. Rixon, King William-street

H. Jackson, St. Helen's-place; F. W. Mount, Clement's-lane

R. Rodway, Trowbridge

J. F. Rutter, Shaftesbury

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Waters, Robert John, 29, Alfred-place, Bedford-
square; York-place; and Bungay
Way, William Augustus, Stamford-st., Bouverie-
street; and Portsmouth

Wells, James, 5, Victoria-terrace, Stockwell; and
Moxley.

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Whitford, Edward, 45, Mornington-rd., Regent's-
park; Frederick-street; and St. Columb
Whitlow, Edward Hardman, 2, Harley-street,
Bow; and Manchester .

Williams, Edward, 7, Royal-fort-road, Bristol;
Hallatrow; Van Diemen's Land

Williams, Robert Edward, 14, Calthorpe-street,
and Denbigh
Gray's-inn-road;

Wilson, John James, 11, East-street, Lamb's-
conduit-street; and Stockton-upon-Tees.
Wood, Henry, 2, Tavistock-street, Bedford-sq.;
and York

Wood, William Savile, 13, Hill-marton-villas,
Camden-road; and Easingwold

Yarde, John, 28, Lamb's-conduit-street.
Yearsley, William Pryse, 6, Bond-st., Claremont-
square; Amwell-terrace; and Soley-terrace

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NOTICES OF ADMISSION FOR TRINITY TERM, 1855.
Added to the List pursuant to Judge's Orders.

Hooper, Thomas James, Warwick-court, Holborn;
90, Ebury-street; Reading; Clifton; Teign-
mouth; Plymouth; Newport; Monmouth;
Brechin; and 10, Bedford-street, Bedford-row
Peace, Maskell William, Wigan
Rising, William Henry, 9, Burton-street, Eaton-
square; and Rotherham

Williams, Edward Withers, 27, Albert-street, Re-
gent's-park; and Truro.

NOTES OF THE WEEK.

HOUSE OF LORDS.

May 4, 1855.

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RESOLVED, That this House will not read any Bill a second time after Tuesday the 24th of July, except Bills of Aid or Supply, or any Bill in relation to which the House shall have resolved before the second reading is moved, that the circumstances which render legislation on the subject of the same expedient, are either of such recent occurrence or urgency as to render the immediate consideration of the said Bill necessary.

Henry Sewell, Upton-upon-Severn
John Mayhew, Wigan

W. E. Hoyle, Rotherham

P. P. Smith, Truro

CHANCERY NOTICE.-WHITSUN VACATION.
DURING the Whitsun Vacation the Cham-
bers of the Vice-Chancellor Sir John Stuart
will be open on the following days, viz. :—
Friday, 11th May;
Tuesday, 15th May;
Wednesday, 16th May;
Thursday, 17th May; and
Friday, 18th May;

From 11 till 1 o'clock, to dispose of applica-
tions for time.

The Vacation will commence on the third day after Easter Term, and terminate on the second day before Trinity Term.

Notes of the Week.-Superior Courts: Rolls.-V. C. Kindersley.

LAW APPOINTMENTS.

Mr. Thomas John Reynolds, Solicitor, has been appointed Clerk to the Burial Board of Chipping Wycombe.

Mr. Henry Smales, jun., Solicitor, of Durham, has been appointed Clerk to the Magistrates of the Western Division of Chester Ward.

Mr. John Trenfield, Solicitor, of Chipping Sodbury, has been appointed Clerk to the Trustees of the Marshfield Division of Turnpike Roads.

Helier Simon, Esq., Solicitor of the Royal Court, has been appointed Deputy Sheriff of Jersey, in the room of G. H. Horman, Esq., called to the Bar of Jersey.

Mr. James Edward Goddard Bradford, Solicitor, has been appointed Clerk to the Guardians of the Highworth and Swindon Union

37

and Superintendent Registrar, in the room of Mr. Alfred Southby Crowdy, resigned.

Mr. John Blaikie, Advocate, has been appointed Commissary Clerk at Aberdeen.

Mr. John Elliot Boileau, Barrister-at-Law, has been appointed Private Secretary to Lord John Russell, at the Colonial Office.

IRISH LAW APPOINTMENTS.

The following gentlemen have been appointed supernumerary Crown Prosecutors in Ireland:

Mr. Piers Francis White for the County and City of Kilkenny.

Mr. Peter John M'Kenna for the County of Meath.

Mr. James Leech Talbot for Queen's County. Mr. James Farrell for the South Riding of the County of Tipperary.-Morning Herald.

RECENT DECISIONS IN THE SUPERIOR COURTS.

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A creditor effected an insurance on the life of his debtor, who paid the first two premiums, and the creditor afterwards kept up the policy: Held, that on the debtor's death, the creditor was only entitled to his original debt and the premiums paid by him, and not to the whole sum insured. It appeared that the defendant had effected a policy of assurance for 500l. on the life of Lieutenant Walker, who was indebted to him in a considerable sum, and that the first two premiums had been paid by Lieutenant Walker, and the others by the defendant. On the debtor's death the defendant claimed the whole amount of the policy, and the representative of Lieutenant Walker, after having offered to pay the defendant the original debt and premiums paid by him, instituted this

suit.

Bright for the plaintiff; Roupell and Hadow for the defendant.

The Master of the Rolls said, that the defendant had no claim beyond the amount of his original debt and premiums he had paid, and made a decree for the plaintiff, with costs.

Vice-Chancellor Kindersley.

Alston v. Sims. April 21; May 8, 1855. SOLICITORS.-PARTNERSHIP.-PAYMENT BY PARTNER.

One of two partners, who were solicitors, paid a sum of money to make up a deficiency in the account of his deceased partner, the steward and receiver of the quit rents of manors. It appeared that, although the

deceased partner had the exclusive management of the manorial property, the profits formed part of the partnership assets: Held, that inasmuch as the offices of steward and receiver were strictly personal, the payment by the partner was not recoverable as a partnership debt between the partners inter se, but that it must be treated like the demand of a third person, a stranger to the partnership.

IT appeared on this adjourned summons from Chambers, that Mr. William Sturgeon Sims, who carried on business with Mr. Thomas Unwin, as solicitors at Bishops Stortford, held the offices of steward and receiver of the quit-rents of certain manors, and that it was agreed that, although he should have the exclusive management of the property, the profits should form part of the profits of the partnership. Upon the death of Mr. Sims, there was a deficiency, which Mr. Unwin paid, and now claimed the amount as a partnership debt in taking the account.

Eddis contended it was a private debt, citing Exparte Burdekin, 2 Mont., Deac. & De G. 704; Greene, contrà.

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ments, to pay the clear yearly rents, &c., as the same should become due, and not by way of anticipation to his niece and her assigns for her natural life, and after her decease unto her heirs, executors, administrators, and assigns, according to the severul natures and qualities thereof: Held, that the niece took an absolute, and not a limited interest in both the realty and personalty.

THE testator, the Rev. William Lade, by his will, gave all his real and personal property to trustees in trust, to get in the same and to pay out of the proceeds all his debts, funeral and testamentary expenses, legacies and annuities, and subject thereto to pay the residue among his six nephews and nieces. The bequest to one of the nieces, on which a question was now raised, was to the following effect: and as to the remaining sixth part unto and to the use of the trustees during the natural life of his niece Lucy Masham, upon trust, subject to the payment of rates and taxes, and the costs and charges of repairs and insurances, and other incidental outgoings and expenses, to pay the clear yearly rents, issues, and profits, dividends and interest, as the same should become due, and not by way of anticipation to the said Lucy Masham and her assigns for her natural life, and from and after her decease unto her heirs, executors, administrators, and assigns, according to the several natures and qualities thereof.

Glasse and G. Simpson for the trustees; Baily and Busk for the niece; W. D. Lewis for two other parties in the same interest; Surrage, Wood, and Waller for other persons. The Vice-Chancellor said, that the use of the word "assigns" conferred an absolute and not a limited interest both in the realty and personalty.

Vice-Chancellor Wood.

Gabb v. Prendergast. April 19, 25, 1855. SETTLEMENT.-CONSTRUCTION OF.-"CHIL

DREN."-ILLEGITIMATE.

A settlement contained a trust of property for all and every the child and children then already or thereafter to be born of R. and his wife. It appeared that they had five children, all born before marriage, at the date of the deed, and that there were no legitimate children: Held, that such illegitimate children were entitled to the benefit of the settlement.

By a settlement dated in 1816, certain property was settled subject to certain limitations (which had failed) in trust for the benefit of all and every the child and children then already or thereafter to be born of Mr. Roland and his wife. It appeared that Mr. and Mrs. Roland had five children, all of whom were born before their marriage in the year 1811, and that none were afterwards born. The question now raised was whether the settlement extended to these illegitimate children.

Shapter for the plaintiffs; Selwyn and J. H. Taylor for the children; Hoare for other parties. Cur. ad. vult.

The Vice-Chancellor said, that under the circumstances of there being no legitimate children who could take the benefit intended to be given by the settlement and of the words already born being used, the word "children" would be implied to mean illegitimate children, and declaration accordingly.

Harkwood v. Lockerby. May 8, 1855.

ATTACHMENT.-SERVICE IN ISLE OF MAN. -WANT OF APPEARANCE AND ANSWER.

A motion exparte was refused for the issue of an attachment for default of appearance and answer against a defendant, who had been served in the Isle of Man with the copy bill and interrogatories.

THIS was a motion for liberty to the Clerk of Records and Writs to issue an attachment for default of appearance and answer against the defendant, who had been served in the Isle of Man with the copy bill and interrogatories. It appeared that he had been to Liverpool, but had returned to the Isle of Man without entering an appearance.

Giffard in support.

The Vice-Chancellor said, that the case must be governed by the Statutes (2 Wm. 4, c. 33, and 4 & 5 Wm. 4, c. 82), enabling service out of the jurisdiction, and the Court could not go beyond the powers conferred thereunder. Besides the application was so novel that it could not be granted exparte. The case might, however, be mentioned to the Lords Justices.

Court of Queen's Bench. Regina v. Tibble. April 25, 1855. WATERMAN'S ACT.66 WHAT A WESTERN BARGE."-CONVICTION.

4,

The defendant, who was in the employ of the Great Western Railway, took certain goods from Brentford creek to Putney in a flatbottomed barge, commonly called a 66 'western barge." By s. 101 of the 7 & 8 Geo. 4, c. lxxv., a “western barge" is exempted from the prohibition of s. 37 against any person working any "wherry, lighter, or other craft," who is not a freeman of the Waterman's Company or an apprentice, and a "western barge" is defined to be a flat-bottomed boat or barge navigated from Kingston or any place beyond: Held, that the conviction must be affirmed.

THIS was a conviction under the 7 & 8 Geo. c. lxxv., s. 37,1 against the defendant for

Which enacts, that "if any person, not being a freeman of the said company, or an apprentice to a freeman or to the widow of a freeman of the said company (except as hereinafter is mentioned), shall at any time act as a waterman or lighterman, or ply, or work, or na

Superior Courts: Queen's Bench.-Q. B. Practice Court.-Common Pleas.

39

Lush showed cause against the rule, which was supported by Kemplay. Cur. ad. vult.

working a lighter on the river Thames for hire, | on an affidavit that the defendant was at the he not being a freeman of the Waterman's time of the issue of the writ resident in France Company or an apprentice. It appeared that out of the jurisdiction; and that the writ the defendant was in the employ of the Great should have been in the form No. 2 in Schedule Western Railway Company, and had taken A, as provided by s. 18. certain goods for them to Putney from Brentford creek, in a flat-bottomed barge called "a western barge." The question now reserved was, whether such a barge was within the exemption of s. 101, which enacts, that "nothing in this Act contained (except the provisions for compelling the names of the barge or craft, and the name and place of abode of the owner, to be painted and preserved thereon as aforesaid) shall extend to any western barges; and that all flat-bottomed boats or barges navigated from the town of Kingston, in the county of Surrey, or any place or places beyond the said town, shall be deemed western barges, and shall and may be navigated on the said river Thames as far as London bridge."

Scotland in support of the conviction; Bramwell and Digby, contrà.

The Court said, that as the appellant, not being a freeman, was navigating a lighter for hire on the river, and which was not a western barge within the definition contained in s. 101, the conviction must be affirmed.

Queen's Bench Practice Court.
(Coram Coleridge, J.)

Hesketh v. Fleming. May 5, 8, 1855.
COMMON LAW PROCEDURE ACT, 1852.-

WRIT OF SUMMONS SPECIALLY INDorsed.
-DEFENDANT OUT OF JURISDICTION.

At the time of the issue of a writ specially
indorsed in the form No. 1 under s. 2 of
the 15 & 16 Vict. c. 76, the defendant was
out of the jurisdiction, but a Judge's order
had been obtained for liberty to the plain-
tiff to proceed unless an appearance were
entered within seven days from service
thereof: A rule was made absolute to set
aside the Judge's order and the proceedings
thereunder.

The Court said, that there were two forms in which a writ of summons might be issued under the Act, the one applicable to parties resident within the jurisdiction and requiring an appearance to be entered within eight days, and the other providing for cases where the the defendant, being a British subject, resided out of the jurisdiction of the Court, and in which case the time for entering an appearance was left to the discretion of the Judge. The rule would therefore be made absolute to set aside the Judge's order and the proceedings thereunder.

Court of Common Pleas.
Butcher v. London and South Western Rail-
way Company. April 26, 1855.
RAILWAY CARRIERS.-LOSS OF LUGGAGE.

DELIVERY.-QUESTION FOR JURY.

The question as to the perfect delivery of luggage at a railway station, is one for the jury.

Therefore, where the plaintiff on his arrival at the terminus had had his luggage delivered to him, but had afterwards accepted the offer of one of the railway porters to get a cab, and the porter had placed the plaintiff's bag in the cab, which drove off, and the bag was lost: Held, that the plaintiff was entitled to recover.

THIS was a rule nisi granted on April 16 last, pursuant to leave reserved, to set aside the verdict for the plaintiff and to enter a nonsuit, in this action, which was brought by a passenger on the defendants' railway, to recover for the loss of his leathern bag. It apTHIS was a rule nisi to set aside the order of peared on the trial at Kingston, before Maule, Williams, J., at chambers, under the 15 & 16 J., that the plaintiff, on arriving at the WaterVict. c. 76, s. 17, for leave to proceed with the loo Bridge Station, had had his luggage dewrit of summons which had been specially in-livered to him, and which consisted of a trunk dorsed under s. 36, and was in the form No. 1 of schedule (A) under s. 2 of the Act. The order had been made upon an affidavit that personal service could not be effected owing to the conduct of the defendant, and directed that unless the defendant, within seven days after service thereof, should cause an appearance to be entered, the plaintiff should be at liberty to proceed. This rule had been obtained within the seven days

vigate, or cause to be worked or navigated, any wherry, lighter, or other craft, upon the said river, from or to any place or places, or ship or vessel within the limits of this Act, for hire or gain (except as hereinafter is mentioned), every such person shall forfeit and pay for every such offence any sum not exceeding 10%."

and leathern bag, and that a railway porter had come up and offered to take his luggage and get a cab. Upon his doing so, the cab drove away with the bag while they were returning for the trunk. The plaintiff obtained a verdict with 4007. damages, subject to this motion.

M. Chambers and Lush showed cause against the rule, which was supported by Bovill.

The Court said, that the question whether there was a perfect delivery was one for the jury. It appeared that an officer of the company had taken the bag from the plaintiff. The case was governed by Richards v. London, Brighton, and South Coast Railway Company, 7 Com. B. 839. The rule was therefore discharged.

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