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V. c. WOOD'S COURT.

faction of the covenant, i. e. to the trustees of the settlement, and upon the trusts of the settlement; and he must be taken to have recollected that whatever was handed over to Sir Charles in satisfaction of the covenant would be not on the trusts of the settlement, but for Sir Charles alone absolutely. I therefore declare that these two sums of 50001. and 50007. are to be paid to the trustees on the trusts of the settlement and that the testator has expressed his intention that the residue should go equally to Sir Charles and the Earl Hardwicke, and that Sir Charles's noiety is not to be taken as a satisfaction of the covenant of 1832.

Saturday, July 13.

HEPWORTH . SCALE. Gift-Vesting, subject to be divested-Costs-Residue. This was a suit instituted to obtain an interpretation of a gift of real and personal estate. A testator devised real estate to trustees, their heirs and assigns, in trust for Mr. Hepworth the plaintiff, his heirs and assigns for ever, if he should attain the age of twentyone years; but if he should die before he should attain that age, then in trust for other persons. The testator made a gift of personalty in the same terms. The plaintiff had not attained twenty-one.

Bagshawe and Bagshawe, jun. for the plaintiff.
H. W. Cole for the residuary legatee.
Pearson for the executors.

The following cases were cited :-Boraston's case, 3 Rep. 19; Riley v. Garnett, 3 De. G. & Sm. 129; and Edwards v. Symons, 6 Taunt. 213.

The VICE-CHANCELLOR.-I feel myself bound by the authorities to declare that the plaintiff took a vested interest immediately, subject to be divested in the case of his dying under twenty-one. As to costs they must come out of the residue, this being a suit for determining the construction of the will, although this dispute relates to real estate. The real and personal estates are given precisely in the

same way.

INSOLVENCY.

INSOLVENT DEBTORS COURT. Reported by David Cato MACRAE, Esq., Barrister-at-law.

Thursday, May 17.

(Before the CHIEF COMMISSIONER.)

PROTECTION CASE.

Re WILLIAM OWEN TUCKER.
Trading description.

A. being a trader contracted debts, and being still a trader, he gave a bond and collateral securities. Having got rid of the bond by bankruptcy and certifi cate, but not of his liability on the other securities, he petitioned the court for protection in respect of debts arising upon such securities:

INSOLVENCY

he should have described himself as a trader, and the debts being above 3004, the petition must be dismissed.

Nichols, for the insolvent, contended that as the debt did not exist until after the bankruptcy, and as the insolvent had not since been engaged in trade, the debt could not be considered as contracted in trade. Suppose a trader twenty years ago covenanted to make certain payments, and five years afterwards ceased to be a trader, it could not be said if a debt subsequently arose upon the covenant, that it was a debt contracted in trade. The creditor had no claim upon the insolvent until March 1855, and the trading altogether ceased in September 1854.

The CHIEF COMMISSIONER said, that when a man gave a promissory note he contracted a debt, although it was not immediately payable. This debt did not become payable until March 1855, but the covenant to make the payment was executed in May 1834. His impression was, that the insolvent was a trader. After some delay, the petition was withdrawn by Petition dismissed.

consent.

(Before Mr. Commissioner PHILLIPS.)

PROTECTION CASE.
Re DITFORT.
Petition-Description-Signature.

Held, that the trading carried on when the securities were given should form part of his description, and the debts being above 3001. the petition must be dismissed. had described himself as an attorney-at-law, and had This insolvent came up for his first examination. He amounted to 455l. 6s. 1d. It transpired, however, that consequently petitioned as a non-trader. His debts in May 1854 he was indebted to a Mr. Warburg, who executed to him a bond for that sum payable in 1861, now opposed to the amount of 24507., and that he had and at the same time assigned by way of collateral security three policies of insurance for 1000, 10007. and 5001. respectively, covenanting to keep up and pay the premiums as they became due. In Sept. 1854 the insolvent was adjudicated a bankrupt, as a sharebroker, and obtained his certificate in Feb. 1855. This insolvent came up for his first examination and In the month of March following two premiums be- was opposed by Nichols, who directed the attention came due, amounting together to 66. 10s., which of the court to the description of the petitioner at the were paid by Mr. Warburg, who sued the insolvent to head of the petition, in which his name was written recover the amount. The insolvent pleaded his bank- differently from his signature at the foot of the petiruptcy and certificate, but the plea being demurred tion. His right name, it appeared, was " Ditfort acto, judgment was given after argument, for the plain-cording to the signature, but his name was written tiff, for the amount claimed. Some negotiation after- "Ditford" in the description. wards took place between the plaintiff and the defendant with the view to a settlement, but no arrange ment was effected.

Dowse submitted that the facts proved disclosed a trading. The securities upon which the debt had arisen were given while the insolvent was in trade, and the debt in respect of which he now petitioned arose out of these securities. The Act of Parliament required that he should give a full and fair" description of his trade or trades, business or businesses carried on while his debts were contracted. This was a contract contracted in trade in respect of a debt incurred in trade. He submitted therefore that

A man must petition in his right name, or the petition will be dismissed.

Mr. Commissioner PHILLIPS.-The difference is, that the letter "t" at the end of the name is turned into the letter "d" in the description; but is not the name idem sonans?

Nichols apprehended that the petition would not at present convey the property of Mr. Ditford to the court. The petitioner's name would be taken from his description.

The Registrar (Mr. Ingpen) was afraid the protec tion granted would be no protection at all. Sargood, for the petitioner, feared the petition wou!! convey no title to the official assignee. Mr. Commissioner PHILLIPS dismissed the petition.

END OF VOLUME XXV.

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ACTS, LOCAL AND PERSONAL.
See The Legislator
Acts, Public General. (These are in-
dexed separately. Vide post.)
Advertising Attorneys. See Leading
Articles

Appointments. See Promotions
Assizes. See Legal Intelligence
ASSURANCE CHRONICLE:-

Equity and Law Life Assurance Society, 86

Fire Insurance, 131

Law Life Assurance, 180

Law Property and Life Assurance, 111 Attorney, The, his Education, Practice and Duties. See Leading Articles Attorneys admitted. See Solicitors' Journal

Attorneys to be admitted See Solicitors' Journal

Auction, Sales by. See Journal of Property

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Fynn, the Governess Sneak, 148
Illness of Mr. Justice Perren, 31
Inns of Court Examination, 12, 21
Ireland, New Law Officers, 50
Irish Bench, 93, 118

Irish Court of Chancery, 201
Judge Advocate to the Fleet, 149
Judge Ball, 233

Judge fined for drunkenness, 280

Judge, New, 160, 175

Justice Cresswell and Brother Wilkins, 50

Late Mr. John Prior, 176
Late William Selwyn, Q. C. 213
Law Vacancies, 118

Lectures at the Inns of Court, 231
Lectures (Inns of Court) Prospectus
of Trinity Term, 21
Lord Chancellor and the Solicitor-
General, 242

Maiden Assize in Radnor, 243
Mr. Justice Willes, 280

Monument to late Mr. Justice Talfourd, 176

Narrow escape of Lord Chancellor, 4 New Legal Arrangements, 149 Parliamentary Bills, Expense of drawing, 213 Plunket's Bons Mots, 149 Quarter Sessions at Lewes, 31 Queen's Counsel, New, 160, 176 Representation of Bath, 93 Revising Barristership, 213, 243 Sir George Stephen, 49 Swearing in of new Judge, 161 Queries on Points of PracticePractice in the United States, 42 Bills in Progress. See Parliament Bills of Sale, Treatise on Law of. See Leading Articles

BIRTHS, MARRIAGES AND DEATHS, 8, 15, 28, 34, 44, 55, 64, 66, 78, 90, 111,

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CALLS TO THE BAR:-
Lincoln's-inn, 114

Middle Temple, 70, 114
Inner Temple, 114
Gray's-inn, 70, 114

Candidates who have passed their Ex-
amination. See Court Papers
Carriers (Inland), Treatise
on
Duties, Liabilities and Rights of.
See Leading Articles

the

Cases on Law and Practice of County
Courts. See County Courts
Cases, Names of. (These are indexed
separately. Vide post.)

Cases, Subjects of. (These are indexed
separately. Vide post.)
Chancery, Court of, and Parliamentary
Title. See Leading Articles
Charity Commissions Report. See
County Courts

Circuits of the Judges. See Legal Intelligence

Common Law Practice.

maries, Solicitors' Journal CORRESPONDENCE:Agency Business, 23

Barristers, Education of, 13
Bills of Exchange Bill, 235
Bills of Sale, 4

Collins Case, 280, 291
Commissioners' Fees, 138

Commissioners for taking Affidavits,

83

Conditions of Sale, 215
Conveyancing Reform, 32
Counsel's Fees, 138
Cost of Crime, 11

Costs in County Court, 109
Covenants to keep up Policies, 137
Criminal Justice Bill, 117
Criminal Offenders Bill, 11
Dower, 233

Ecclesiastical Courts Reform, 32
Education of Barristers, 13

Enforcement of Judgments in Superior Court by Insolvent Court,

256

Extended Jurisdiction of County Courts, 268

Fees, payment of, 118, 128

First, second and third Mortgagees, 43

Foreign Summonses, 13
Friendly Societies, 213
Half-holiday, 32, 51, 108
Income Tax, 283
Inns of Chancery, 94
Invasion of the Profession, 13
Judgments, 107

Juries in County Courts, 43, 52
Lawyers in United States, 287
Liability of Railway Companies as
Common Carriers, 52
Malpractice, 202, 215

Married Woman's Reversionary Interest, 215, 233

Messrs. Stark and Minnethorpe, 283
Mr. King, 266

Mr. Mirethorpe, 256, 267, 293
Mortgages, 266

New Practice, County Courts, 52
Notes on divers topics, 23
Nuisances Removal, 282
Paterson's Practical Statutes, 245
Power of Judges, 52
Practice, 149

Recovery of Tenements, 60
Recovery of Small Debts, 234
Reg. v. Crocker and Mr. Miles, 242
Registered Judgments, 13, 23, 32
Remuneration of County Courts
Clerks, 257

Remuneration of Solicitors, 202, 282
Sale of Property in lots, 128
Searching for Judgments, 32
Sham Lawyers, 301
Solicitors' Accounts, 4

Solicitor's Book-keeping, 4, 23, 32, 60, 72, 95

Solicitors and Proctors, 31, 51, 60
Speedy Trial of Offenders, 48
Successions Duty, 149, 214
Stamps Spoiled, 13

Testamentary Bill, 23, 32, 43, 57, 72,

83, 108

Trick by Officials in Chancerychambers, 43

Trustees' Solici ors' Bill Taxation, 128
Writs of Summons, 215
CORRESPONDENTS, LIST OF :-
Ambler, J. P. 256
Annersley, G. 215

Arrowsmith and Allison, 267
Baker, Job. 10
Barstow, W. 283
Baskett, C. H. 256
Beckwith and Co. 267

Bennett, R. W. 266

See Sum

Clelland, J. 10, 95

Cowdry, N. D. 128

Breaking Plate Glass Windows, 200 Bribing and Treating Municipal Electors, 31

Brown v. Ackroyd, 215
Burials Act, 200
Cambridge Viaduct, 215
Certificate Duty, 108
Certificates of Burial, 245
Charity Estates, 5
Clerks, The, 293

Eddison, Edwin, 81
Edwards, F. 242

Evans, Powell and Co. 267

Foxwell, G. F. 233
Foster, J. L. 109

Francklin, T. J. 294

Gill, M. 215

Gillman, C. R. 283

Goodwin, Partridge and Co. 267
Grant, J. 108

Grylls, Hill and Hill, 294
Hodgson, Thos. 80
Isaacson and Button, 202
Kain, G. J. 72

Kerr, Robt. 30

Law, W. J. 256
Lawrence, C. N. 256
Lewis, W. W. 137
Meldor, J. D. 138
Milner, J. 201

Napper, J. S. 95

Palmer, C. T. 51

Parker, R. R. 287

Reynolds and Palmer, 294

Saxton, E. 292

Shaw, G. J. 83

Shipton, J. 267

Richardson, H. M. 267

Taylor, J. H. 267

Trinder and Eyre, 292

Wagstaff, Marsh and Barratt, 267
Watkins, J. K. 256

Wetherhead, H. J. 215

Wheat, J. J. 267

Wiles, H. 215

Wilson and Faber, 293

Wilkinson, C. 233

Withers, J. 72

COUNTY COURTS—

Summaries, 5, 33, 52, 72, 85, 96, 109,

119, 130, 202, 244, 257, 268, 283

Carriers, Liability of, 85

Charity Commission, Second Report,

26

County Courts Commission, First Report, 60, 73, 96, 109, 119, 188, 162, 178

County Court Practice, Mr. Herbert
Jones's Judgment, 72
County Courts Return, 244, 268
Hertford County Court, 215
Important to Carriers, 202

Late Cases on the Law and Practice" of the County Courts, 14, 24, 53, 150, 203, 268, 283

Liability of Carriers, 85

Monmouth County Court, 294 Practitioners in County Court, 2€8 Railway Passengers-Another Hint,

87

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Inland Carriers, Treatise on.
Leading Articles

Inns of Court, Lectures at. See Court
Papers, and Law Students' Journal
Insolvents' Estates. (These are indexed
separately. Vide post.)
Insolvents, List of. See The Gazettes

JOINT STOCK COMPANIES' LAW
JOURNAL:

Summaries, 4, 13, 42, 51, 94, 128, 149,
176, 201, 234, 255, 266, 282, 293
Application of Stannary Laws to
Devonshire, 234

Joint-Stock Companies, Report of
Registrar, 266

Legal Memory, 74

Limited Liability, 255, 266

Personal Estates of Intestates, 74
Report of Registrar of Joint-Stock
Companies, 266

Stannary Court Amendment Act, 94,
234

Stannary Laws, Application to
Devonshire, 234
Statistics of Crime, 82
Railway Bills for the Session of
1855, 4

Review of the Law, 4, 13, 42, 51, 94,
128, 149, 176, 201, 234, 255, 266
282, 233

Winding up, 13

JOURNAL OF PROPERTY, 8, 15, 28, 34,
44, 55, 64, 66, 78, 90, 102, 114, 131,
142, 152, 166, 182, 189, 205, 217,
235, 246, 259, 271, 284, 295
Money Market, 8, 15, 28, 34, 44, 55,
64, 66, 78, 90, 102, 114, 131, 142,
152, 166, 182, 189, 205, 217, 235,
246, 259, 271, 284, 296
Public Sales, 34, 187

LAND MARKET. See Real Property
Lawyer and Conveyancer
Law of Embezzlement.
Magistrate

Law and the Lawyers. See Leading
Articles

Law Societies. See Proceedings of Law
Societies

LAW STUDENTS' JOURNAL:-

Award of Prizes, Students' Inns of
Court, 96

Easter Term Examination, 52, 84
Examination, Easter Term, 52, 84
Examination, Students', Inns of
Court, Michaelmas Term, 231
Law Students' Mutual Corresponding
Society, 283, 294

Lectures at the Inns of Court, Mi-
chaelmas Term, 281
Newcastle-on-Tyne Law Students'
Society, 43

Questions at the Examination-

Easter Term, 81; Trinity Term,

123

Correspondence-

Articled Clerks, 177

Examination of Articled Clerks,

108

Law Students' Debating Society,

119

Law Students' Mutual Corres-
ponding Society, 281
LEADING ARTICLES:-

Administrative Reform, C3, 134, 170

GENERAL INDEX.

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116
Equitable Defence, What is
an,
Half-holiday Movement, 39
Invaders, Our, 10, 69, 126, 146, 158,
170
Justice Defeated, 3

Last Words on Limited Liability, 158
Latest Dodge, 195
Law Bank, 134, 146"

Law and the Lawyers, 1, 9, 17, 29,
37. 45, 57, 67, 79, 91, 103, 115, 125,
133, 145, 157, 169, 185, 193, 209,
221, 237, 249, 261, 273, 285
Lawyers in United States of America,
274, 287

Liability, Limited, 104, 116, 210
Limited Liability, 104, 116, 210
Meddling Legislation, 158
Mr. Kerr, 30

Mr. Minethorpe, 274

Mr. Slade and the Bribery Prosecu-
tion, 238

New Duties of the Lawyers, 222
Partnership Bill, 125
Pay your Fees, 104

Practical Points Lately Decided, 19,
39, 104, 170

Professional Remuneration, 170
Readers, To, 1, 57, 79, 91, 103, 115,
125, 133, 157, 169, 185, 193, 209,
237

Reform Administration, 681
Remuneration of Solicitors, 80, 170,
186, 238, 250, 262, 274, 287
Report on County Courts Commis-
mission, 58

Right Man in Right Place, 186
Scenes, 2

Sham Lawyers, 186, 195, 210, 238
Solicitors, To, 221

Solicitors Book-keeping, 10
Solicitors and the Borough Magis-
trates, 286

Solicitors and Proctors, 31
Testamentary Jurisdiction Bill, 30
What can we do with our Criminals?
263

What is an Equitable Defence, 58
Wills, Law of, 19

Yorkshire Law Society and the Tes-
tamentary Jurisdiction Bill, 80
LEGAL INTELLIGENCE:-
Abatement of Income-tax, 259
Adult Male Criminals, 6
Assizes. See The Circuits, infrà
Bonne Bouche for Despotism, 271
Chief Justice Jervis, the Stable Boy
and a poor Sheriff, 283
Circuits, The-

Home Circuit, 6, 15, 182, 204, 216,
235

Midland Circuit, 6, 182, 188, 204,
217

Norfolk Circuit, 6, 15, 188, 204,

217

Northern Circuit, 6, 182, 204, 217,
235, 245

Oxford Circuit, 6, 15, 27, 217, 235
Western Circuit, 6, 15, 27, 188, 204,
217, 235, 245

Civil Bills, Ireland, 283
Common Surnames, 122
Consistory Court of Exeter, 135
Constituency of London Joint-stock
Banks, 87

Crown Suits, 271

Court of Chancery Return, 141
Curious Case, A. 204

Death of Chief Clerk of Guildhall
Police-court, 165

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New Magistrates, 82

Notts County Coroner, 70

Nuisances Removal Consolidation
Act, 291

Parish Constables Bill, 70
Question as to Practice of Court, 31
Poll at Elections, 107

Poor Law Union Clerks' Return, 242
Poor Removal Report, 230
Prisoners tried at Assizes, 213
Qualifications of Justices of the Peace,.
137

Reformation School in Devonshire,
49

Resignation of Mr. Baines, 230
Reformatory Schools, 93
Shootings, Rents of, are they liable
for Poor-Rates? 127
Singular Committal, 93
Statistics of Crime, 82
Ticket-of-leave Convict, 107, 242
Ticket-of-leave System, 107, 242
York Assize Calendar, 213
Correspondence-

Bribery and Treating at Municipal
Elections, 31

Burials Act, 200
Collins' Case, 280, 291

Cost of Crime, 11 Bill, 117

Criminal Justice

Criminal Offenders Bill, 11
Friendly Societies, 213

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Speedy Trial of Offenders, 48
Queries and Answers thereto

Bastardy, 93, 107, 118

Breaking Plate-glass Windows, 59
Charity Estates, 31

Examinations, 49

Joint Tenancy, 31

Parish Clerk, 107, 118
Practice, 42
Removal, 59, 70
Settlement, 59

Summary Jurisdiction (Criminal)
Act, 280

Review of the Law, 31, 59, 70, 82, 93,
106, 117, 127, 148, 174, 200, 213,
255, 280, 291

MERCANTILE LAWYER-

Summaries, 5, 14, 27, 54, 62, 74, 85,
97, 110, 121, 139, 165, 180, 188,
203, 216, 244, 258

New Act of Chancery Reforms, 265 Bills of Exchange Bill, Report of
Public Petitions, 93, 159
Public and Private Bills, 265

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MAGISTRATE, THE, AND PARISH
LAWYER:

Summaries, 31, 59, 70, 82, 93, 106,
117, 127, 148, 174, 200, 213, 255,
280, 291

Abingdon Election Expenses, 31
Accomplished Ticket-of-leave Con-
vict, 11

Assessments in the Metropolis, 107
Bill for more frequent Sessions and
Assizes, 148

Bona fide Traveller Question, 82
Burials Act, 291

Burial of Poor Persons Bill, 200
Collins' Case, 280

Coroners' Inquests, 21
Crime, Statistics of, 82

Criminal Law Procedure Bill, Reso-
lution of Lords, 11

Damages for Windows broken by a
Mob, 200

Election Expenses, 213
Embezzlement, Law of, 174
Expiring Laws, 21

Fancy Bread, 31

Friendly Societies, 213
General Board of Health, 291
Grand Juries, 201

High Constables of Counties Return,

292

Hull Magistrates, 213

Inspectors of Prisons, Report of, 49
Jurors in England and Wales, 21
Land-tax, extraordinary Charge of,
123

Law of Embezzlement, 174
Loan Societies, 93

London Reformatory for Adult Crimi-
nals, 49

Manchester City Gaol, 280
Mr. G. Oke's Promotion, 230
Militia Returns, 201
Mistake. A, 200

Municipal Boroughs, Ireland, 255
New Act on Union Charges, 280

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Insolvency and Bankruptcy, Scot-
land, 121

Insolvency of a Messenger in Bank-
ruptcy, 180

Law of Bills of Lading, 97
Law of Debtor and Creditor, 5
Law of Cheques, 244
Law of Partnership, 110

Library of Commissioners of Patents,

Limited Liability Bill, 110, 216
Newcastle Bankruptcy Court, 97
Official Assignee, Dismissal of, 85

Partnership, Law of, 110, 165

Post-office Reports, 74

Proposed New Law of Partnership,
165

Report of Committee on Bills of Ex-
change Bill, 97

Review of the Law, 5, 14, 27, 54, 62,
74, 85, 97, 110, 121, 139, 165, 180,
188, 203, 258

MISCELLANEOUS :-

Baron Alderson's last, 50
Barrister's Dilemma, 50

Bon Mot of Judge Story and Repar-
tee of Everett, 213

Bonne Bouche for Despotism, 271
Briefless Times, 31

Bust of late Mr. Justice Talfourd,
243

Busy Barrister, 50

Chief Justice Jervis, a poor Sheriff
and Stable-boy, 283
Curious Case, 204

Deaf Juryman, 50

Good Story by Serjeant Wilkins, 6
Judge fined for Drunkenness, 280
Justice Cresswell and Brother Wil-
kins, 50

Legal Brevity in the Olden Time,
107

Legal Memory, Definition, 74
Lord Judge and the Queen, 259
Narrow Escape of Lord Chancellor, 4

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