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. 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. 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. 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. ACTS, LOCAL AND PERSONAL. Appointments. See Promotions 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 Fynn, the Governess Sneak, 148 Irish Court of Chancery, 201 Judge fined for drunkenness, 280 Judge, New, 160, 175 Justice Cresswell and Brother Wilkins, 50 Late Mr. John Prior, 176 Lectures at the Inns of Court, 231 Maiden Assize in Radnor, 243 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, CALLS TO THE BAR:- Middle Temple, 70, 114 Candidates who have passed their Ex- the Cases on Law and Practice of County Cases, Subjects of. (These are indexed Circuits of the Judges. See Legal Intelligence Common Law Practice. maries, Solicitors' Journal CORRESPONDENCE:Agency Business, 23 Barristers, Education of, 13 Collins Case, 280, 291 Commissioners for taking Affidavits, 83 Conditions of Sale, 215 Costs in County Court, 109 Ecclesiastical Courts Reform, 32 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 Juries in County Courts, 43, 52 Married Woman's Reversionary Interest, 215, 233 Messrs. Stark and Minnethorpe, 283 Mr. Mirethorpe, 256, 267, 293 New Practice, County Courts, 52 Recovery of Tenements, 60 Remuneration of Solicitors, 202, 282 Solicitor's Book-keeping, 4, 23, 32, 60, 72, 95 Solicitors and Proctors, 31, 51, 60 Testamentary Bill, 23, 32, 43, 57, 72, 83, 108 Trick by Officials in Chancerychambers, 43 Trustees' Solici ors' Bill Taxation, 128 Arrowsmith and Allison, 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 Eddison, Edwin, 81 Evans, Powell and Co. 267 Foxwell, G. F. 233 Francklin, T. J. 294 Gill, M. 215 Gillman, C. R. 283 Goodwin, Partridge and Co. 267 Grylls, Hill and Hill, 294 Kerr, Robt. 30 Law, W. J. 256 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 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 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 Inland Carriers, Treatise on. Inns of Court, Lectures at. See Court JOINT STOCK COMPANIES' LAW Summaries, 4, 13, 42, 51, 94, 128, 149, Joint-Stock Companies, Report of Legal Memory, 74 Limited Liability, 255, 266 Personal Estates of Intestates, 74 Stannary Court Amendment Act, 94, Stannary Laws, Application to Review of the Law, 4, 13, 42, 51, 94, Winding up, 13 JOURNAL OF PROPERTY, 8, 15, 28, 34, LAND MARKET. See Real Property Law and the Lawyers. See Leading Law Societies. See Proceedings of Law LAW STUDENTS' JOURNAL:- Award of Prizes, Students' Inns of Easter Term Examination, 52, 84 Lectures at the Inns of Court, Mi- 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- Administrative Reform, C3, 134, 170 GENERAL INDEX. 116 Last Words on Limited Liability, 158 Law and the Lawyers, 1, 9, 17, 29, Liability, Limited, 104, 116, 210 Mr. Minethorpe, 274 Mr. Slade and the Bribery Prosecu- New Duties of the Lawyers, 222 Practical Points Lately Decided, 19, Professional Remuneration, 170 Reform Administration, 681 Right Man in Right Place, 186 Sham Lawyers, 186, 195, 210, 238 Solicitors Book-keeping, 10 Solicitors and Proctors, 31 What is an Equitable Defence, 58 Yorkshire Law Society and the Tes- Home Circuit, 6, 15, 182, 204, 216, Midland Circuit, 6, 182, 188, 204, Norfolk Circuit, 6, 15, 188, 204, 217 Northern Circuit, 6, 182, 204, 217, Oxford Circuit, 6, 15, 27, 217, 235 Civil Bills, Ireland, 283 Crown Suits, 271 Court of Chancery Return, 141 Death of Chief Clerk of Guildhall New Magistrates, 82 Notts County Coroner, 70 Nuisances Removal Consolidation Parish Constables Bill, 70 Poor Law Union Clerks' Return, 242 Reformation School in Devonshire, Resignation of Mr. Baines, 230 Bribery and Treating at Municipal Burials Act, 200 Cost of Crime, 11 Bill, 117 Criminal Justice Criminal Offenders Bill, 11 Speedy Trial of Offenders, 48 Bastardy, 93, 107, 118 Breaking Plate-glass Windows, 59 Examinations, 49 Joint Tenancy, 31 Parish Clerk, 107, 118 Summary Jurisdiction (Criminal) Review of the Law, 31, 59, 70, 82, 93, MERCANTILE LAWYER- Summaries, 5, 14, 27, 54, 62, 74, 85, New Act of Chancery Reforms, 265 Bills of Exchange Bill, Report of MAGISTRATE, THE, AND PARISH Summaries, 31, 59, 70, 82, 93, 106, Abingdon Election Expenses, 31 Assessments in the Metropolis, 107 Bona fide Traveller Question, 82 Burial of Poor Persons Bill, 200 Coroners' Inquests, 21 Criminal Law Procedure Bill, Reso- Damages for Windows broken by a Election Expenses, 213 Fancy Bread, 31 Friendly Societies, 213 High Constables of Counties Return, 292 Hull Magistrates, 213 Inspectors of Prisons, Report of, 49 Law of Embezzlement, 174 London Reformatory for Adult Crimi- Manchester City Gaol, 280 Municipal Boroughs, Ireland, 255 Insolvency and Bankruptcy, Scot- Insolvency of a Messenger in Bank- Law of Bills of Lading, 97 Library of Commissioners of Patents, Limited Liability Bill, 110, 216 Partnership, Law of, 110, 165 Post-office Reports, 74 Proposed New Law of Partnership, Report of Committee on Bills of Ex- Review of the Law, 5, 14, 27, 54, 62, MISCELLANEOUS :- Baron Alderson's last, 50 Bon Mot of Judge Story and Repar- Bonne Bouche for Despotism, 271 Bust of late Mr. Justice Talfourd, Busy Barrister, 50 Chief Justice Jervis, a poor Sheriff Deaf Juryman, 50 Good Story by Serjeant Wilkins, 6 Legal Brevity in the Olden Time, Legal Memory, Definition, 74 |