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Aug. 2 at 11, and Sept. feat 1, Exeter: Of. Ass. Hirtzel : CONCISE FORMS OF WILLS, with Practical. NotesBy


In I vol. cloth boards. price

158., the Fourth Edition, enlarged, of f. THOMAS BRIGGS, North Shields, grocer, Aug. 6 at 12, Barristers at Law.

, Esqrs. and Aug. 30 at 11, Newcastle-upon-Tyne: Off. Ass. Baker;

H. Sweet, 3, Chancery-lane, Fleet-street.
Sols. Lietch & Kewney, North Shields.-Pet. f. July 17.

In 1 vol. 12 mo., price 48. 6d. cloth boards,

THE LAW and PRACTICE of the COPYRIGHT, REHenry Hudson, Heaton-Fold-in-Marsh, Huddersfield,


GISTRATION, and PROVISIONAL REGISTRATION of dealer, Aug. 3 at 11, Leeds, last ex.—John Fittes and Robert TURE; with Practical Directions: the Remedies, Pleadings, and Fittes, Newcastle-upon-Tyne and Gateshead, tea dealers, Aug. Eridence in cases of Piracy: with an Appendix of Tables of Pees, Sta7 at 11, Newcastle upon Tyne, aud. ac.-Sampson Langdale, tutes, and the Rules of the Board of Trade. By JOHN PAXTON John Eyton, and Masta Joscelin Cooke, Newcastle-upon-Tyne, NORMAN, M.A., of the Inner Temple, Special Pleader.

H. Sweet, 3, Chancery.lane, Fleet-street. merchants, Aug. 6 at ll, Newcastle-upon-Tyne, aud. ac.John Strachan, Newcastle-upon-Tyne, common brewer, Aug.

LIMITED LIABILITY. 7 at 11, Newcastle-upon-Tyne, aud. ac. - Thomas Thompson,

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BSERVATIONS on the EXISTING and the PRO. Sunderland, bookseller, Ang. 7 at 12, Newcastle-upon-Tyne,


POSED RULES for ASCERTAINING the DEBTOR in aud. ac.- - Thomas Holder, Macclesfield, silk throwster, Aug. MERCANTILE DEALINGS. By GEORGE SWEET, of the Inner 3 at 12, Manchester, aud. ac.- Prescott Corless, Wigan, tea Temple, Barrister at Law. dealer, Aug. 3 at 11, Liverpool, aud. ac.- - Thomas Kimpton,

H. Sweet, 3, Chancery-lane. Liverpool, carrier, Aug. 3 at 11, Liverpool, aud. ac.-Jere- POLLOCK'S PRACTICE OF THE COUNTY COURTS. miah New, Sheffield, saw manufacturer, Aug. 4 at 10, Shef.

In 1 vol. royal 12mo., price 18s, cloth boards, field, and, ac.-John Wells, Sheffield, licensed victualler, THE PRACTICE of the COUNTY COURTS; in Eight Aug. 4 at 10, Sheffield, aud. ac.-Robert Milner, Doncaster, and Industrial and Provident Societies Acts.-3. Jurisdiction under hatter, Aug. 4 at 10, Sbeffield, aud. ac.

Joint-stock Companies Winding-up Act.-4. Jurisdiction as to Insolvent

Debtors.-5. Jurisdiction under Protection Acts.-6. Proceedings against CERTIFICATES.

Judgment Debtors.-7. Arrest of Absconding Debtors.--8. AdministraTo be allowed, unless Cause be shewn to the contrary on or

tion of Charitable Trusts. With the Decisions of the Superior Courts,

and Table of Fees. before the Day of Meeting.

Also an Appendix, containing all the Statutes, a

List of the Court Towns, Districts, and Parishes, and the Rules of Wm. Paxon, High-street, Hampstead, auctioneer, Aug. 14 Practice and Forms. By CHARLES EDWARD POLLOCK, Esq., of

The Second Edition, much at 12, London. - John Elsdon, Church-row, Limehouse, ship the Inner Temple, Barrister at Law. owner, Aug. 16 at 1, London.- Charles Greene, Charington.

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LAW OF MERCHANT SHIPPING. London.- Isaac Mottershead, Macclesfield, builder, Aug. 15

In 1 vol. Svo., price 20s. in cloth boards, at 12, Manchester.-Alexander Peat, Manchester, shoe ma. nufacturer, Aug. 14 at 12, Manchester.- James Fish, Bury,



SHIPPING, with an Appendix, containing all the Statutes of cotton manufacturer, Aug. 14 at 12, Manchester.-R. Nichol. practical utility. By FREDERIC PHILIP MAŬDE and CHARLES son, Liverpool, stonemason, Aug. 16 at 11, Liverpool.-W.

EDWARD POLLOCK, Esqrs., of the Inner Temple, Barristers at Law.

H. Sweet, 3, Chancery-lane, Fleet-street. Davies, Birmingham, shoe manufacturer, Aug. 13 at balf-past 10, Birmingham.- Samuel Dudley, Tipton, Staffordshire,

STAMP'S COMPREHENSIVE INDEX TO THE STATUTES. tailor, Aug. 13 at half-past 10, Birmingham.

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To be granted, unless an appeal be duly entered,

By GEORGE STAMP, Esq. The Second Edition, much enEdward John Wells, Maidstone, ironmonger.- Edward L. larged, and brought down to the 15 & 16 Vict. 1852, inclusive.

H. Sweet, 3, Chancery-lane, Fleet-street. Kyle, Reading, licensed victualler.- Thomas Youngman, Pit.

NEW STAMP DUTIES. field-street, Hoxton, linendraper. - James Lord, Edwards

Recently published, in 8vo., price 86. 6d. boards, terrace and Stephenson-terrace, Caledonian-road, Islington, colourman.-- Thomas Wayhorn, Rochester, draper.-Julius T'LSLEY'S NEW STAMP ACTS of 1850, 1853, and

1854; with Notes and Explanatory Observations, and Tables of Weichbrodt, Liverpool, merchant.-Charles Condron, Mac- all

the Stamp Duties payable after the 10th October, 1854; together with clesfield, silk manufacturer.-Margaret Bolton, Reedyford & Digest of Cases. By HUGH TILSLEY, Assistant Solicitor of Inland

Revenue. Sixth Edition. Mill, Marsden, near Burnley, power-loom cloth manufacturer.

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A TREATISE on the STAMP LAWS; with Tables of dale, cotton manufacturer.- John Lowe, Salford, slate mer.

all the Stamp Duties payable in the United Kingdom after the 10th chant.

October, 1854. Second Edition. With a Supplement.

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Recently published, in 12mo., price 108. 6d. cloth, THE ACTS for the COMMUTATION of TITHES in A MANUAL of the LAW Of MARITIME WARFARE; to those Acts, and Directions and Forms as settled by the Commis. Judges, and of the American Courts, and the Opinions of the most emisioners; also the Report as to Special Adjudications, &c., and the Plans. nent Jurists. With an Appendix of the Official Documents and CorBy LEONARD SHELFORD, Esq., of the Middle Temple, Barrister respondence in relation to the present War. By WILLIAM HAZLITT at Law. Third Edition. With a Supplement containing the Tithe

and HENRY PHILIP ROCHE, Esqrs., Barristers at Law. Amendment Acts, 9 & 10 Vict. c. 73, and 10 & 11 Vict. c. 104, and the

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TATES, Estates Tail after Possibility of Issue, Curtesy, Dower, CRIMINAL LAW-PLEADING, EVIDENCE, AND PRACTICE.

Estates pur autre vie, and their incidents, especially with reference to In 1 thick voi. royal 12mo., price 24s. cloth boards,

the subject of Waste and Merger. By ANDREW BISSET, Esq., of Lincoln's Inn, Barrister at Law.

“ Mr. Bisset has earned a sound, if not an extensive, reputation by his MINAL CASES; with the Statutes, Precedents of Indictments,

very learned work on Estates for Life, published in 1842."-Jurist, &c.; and the Evidence necessary to support them. By JOHN JERVIS,

No. 532, March 20, 1847. Esq.,

(now Lord Chief Justice of her Majesty's Court of Common Pleas. The Twelfth Edition, including the Practice in Criminal Proceedings

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settled by the Commissioners, &c. Second Edition, with Alterations PORMATIONS, and INFORMATIONS in the NATURE of Tithe and Inclosure Commission, 1851; and the Inclosure AmendQUO WARRANTO; with Forms of the Pleadings and Proceedings. ment Act, 12mo., 1852. By GÉORGE WINGROVE COOKE, Esq., By W. R. COLE, Esq., of the Middle Temple, Barrister at Law. of the Middle Temple, Barrister at Law. 8. Sweet, 1, Chancery-lane; V. & R. Stevens & G. S. Norton, 26,

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Stevens & Norton, 26, Bell-yard, Lincoln's.inn.






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THRING'S SUCCESSION DUTY ACT. Large Consumers of Stationery may effect a: “Saring of at least Thirty THE SUCCESSION DUTY ACT, (16 & 17 Vict. c. 51), " at

for granting to her Majesty Duties on Succession to Property, and PARTRIDGE & COZENS'

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FUNDS UNDER the TRUSTEE RELIEF ACT. With a Cream Laid Black Bordered Envelopes, ls, per 100, or 98.

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this Institution in all Secular Affairs. By TOULMIN SMITH, of Cloth-lined Envelopes at the same low rate of charges.

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15 & 16 Vict. c. 51, with Notes, and full Abstract of the preceding Best Red Tape-narrow, 9d.; middle. 18.; broad, 16. 4d. per dozen pieces. Acts, including also Plain Directions for Copyhold Valuers, and Short Narrow Green Silk, 18.; Green Silk Cord, 18. per piece.

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No.280, NEW SERIES.-Vol. I.
No. 969, OLD SERIES.-Vol. XIX.

AUGUST 4, 1855.







MORRIS, JOHN M., Esq., Moorgate-street-chambers, DONNE, S. EDWARD, Esq., Streatham-hill.

Moorgate-street. FONBLANQUE, J. S. M., Esq., St. John's-wood.

MURRAY, WILLIAM, Esq., London-street. JONES, WILLIAM, Esq., Crosby-square.

TORR, JOHN SJALE, Esq., Bedford-row. LOUGHBOROUGH, THOMAS, Esq., Austin-friars.

WILLAUME, T. B. T., Esq., New Broad-street. MAYNARD, JONAS ALLEYNE, Esq., Temple.

WITHALL, W., Esq., Parliament-street. MOURILYAN, J. N., Esq., Gray's inn.

WOOLRYCH, EDMUND H., Esq., Temple. The attention of the Profession is invited to the advantages offered by this Office to Solicitors and their Clients, which will be found to be greater than in most other Life Offices. ADVANTAGES TO THE ASSURED.

ADVANTAGES TO THE PROFESSION. 1. Four-fifths of the Profits are divided triennially amongst the A Commission of 101. per cent. is allowed on the first year's premium, Assured.

and 5l. per cent. annuaily afterwards; and, as an additional advantage In some Offices the Assured may not be entitled to a Bonus until to persons introducing business, the Shareholders have by the Deed of the expiration of ten years from the time of effecting the Policy, whilst Settlement given up half their Profits for the benefit of such persons in this Office three years is the utmost limit.

as extra Commission. 2. At the first division of Profits in May, 1853, a Reversionary Bonus,

The extra Commission paid in 1853 to persons introducing business averaging 452. per cert, was declared on all Participating Policies. In

was as follows: some cases the Bonus exceeded 61l. per cent. on the premiums paid. Ordinary Commission paid.

Extra Commission paid. On reference to the Prospectuses of some of the principal Offices,

£75 16 0

£54 12 11 it will be found that the Bonus on their first division was much less,

188 93

135 7 3 viz. 291. per cent.

63 6 6

45 13 0 3. The next division of Profits will be declared in May, 1836, when all

41 12 2

29 19 0 Policies effected in 1855 will participate.


100 10 0 In most Offices Assurers do not participate in the Profits until after

69 14 0

50 5 0 payment of from three to five annual premiums, but in this Office

Board days, Thursdays, at half-past Two o'clock. they may participate on payment of a single premium.


Preparing for the press, 26. LOE Carillo Provide, (sacred song), 26,6d., The Pilgrim's LIMITED LIABILITY:-Ibis Bill, with Notes, will forth. Speak Gently, 2s.6d.; Duet, 38.; Pulaski, Duet, words by Longfellow, Law of Mining, Banking, Insurance, and General Joint-stock Com38.; A Psalm of Life, Duet, words by Longfellow, 38.

panies. By CHARLES WORDS WORTH, Esq., Barrister at Law. Cocks & Co., New Burlington-street, Publishers to her Most Gracious London: W. G. Benning & Co., Law Publishers, 43, Fleet-street. Majesty Queen Victoria and his Imperial Majesty the Emperor of the French.

REVIEW, A U G UST, 1855,

Price 5s.
Published in Monthly Parts,

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3. Imperial (and International) Law: Administration of International

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Appendix. containing the Trustee Relief Act, the Act for the further In Sixty Thousand Shares of Fifty Pounds each.

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JARMAN ON WILLS. and the public generally, at such rates of interest and for such periods

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Temple, Barrister at Law.

H. Sweet, 3, Chancery.lane, Fleet-street.
No. 30, Vol. I., New Series.




0 0



William Harris Paul, Lawrence-lane, Cheapside, sack manufacturer, Aug. 7 at 11, London, aud. ac. - Frederick

William Lister, Great Queen-street, Lincoln's-inn-fields, and BANKRUPTS.

Southampton-row, Russell-square, and William Lister, Great

Queen-street, jewel-case makers, Aug. 7 at 11, London, aud. ARTHUR FERDINAND DE NEUMANN, Gloucester.

ac. - Henry Nathaniel Byles, Gosport, Southampton, brewer, street, Pimlico, and Lime-street, dealer and chapman, Aug. 7 at 11, London, aud. ac. - Alfred Dixon Toorey and (trading under the style or firm of Arthur Ferdinand Neu- Joseph Wyatt, Aldermanbury, wholesale stationers, Aug. 8 at mann & Co.), Aug. 9 at balf-past 11, and Sept. 6 at 12, 12, London, aud. ac.-William Paxon, Hampstead, aucLondon: Of. Ass. Johnson ; Sol. Foord, Pinners' Hall, tioneer, Aug. 7 at 11, London, aud. ac.- - Thomas Scally and Broad-street.- Pet. pres. June 19.

Edward Scully, Curtain-road, Shoreditch, wholesale cheeseALFRED GIBSON, Great St. Helen's, London, ship broker, mongers, Aug. 7 at 11, London, aud. ac.- Prescott Corless,

Aug. 15 at 1, and Sept. 12 at 2, London: Off. Ass. Gra: Wigan, Lancashire, ironmonger, Aug. 17 at 11, Liverpool. ham; Sol. Cox, Pinners' Hall, Broad-street. — Pet. f. div.-Joseph Jackson, Liverpool, draper, Aug. 17 at 11, May 31.

Liverpool, div.--John Pointon, Monks Coppenhall

, Cheshire, WILLIAM WATKIN FORD, Sydney-cottage, Hornsey, innkeeper, Aug. 22 at 11, Liverpool, div.--Isadore Bernstein, dealer and chapman, Aug. 6 at half-past 12, and Sept. 8 at Liverpool, commission agent, Aug. 20 at 11, Liverpool, div.

CERTIFICATES. 1, London: Off. Ass. Nicholson ; Sol. Owen, 2, Bucklersbury.-Pet. f. July 25.

To be allowed, unless Cause be shewn to the contrary on or STEPHEN EDWARD SHERWOOD, Sellinge, near Can

before the Day of Meeting. terbury, tailor, Aug. 6 at 1, and Sept. 15 at 12, London: Wilmot James Nokes, South-street, Spitalfields-market, Of. Ass. Nicholson ; Sols. Morris & Co., Moorgate-street- potato salesman, Aug. 17 at balf-past 1, London. --James chambers.-Pet. f, July 19.

Harris, Commercial-road, Lambeth, and Cornbury-place, PEMBLE BROWNE, Grosvenor-street, Bond-street, and Old Kent-road, Surrey, also Charlton, near Woolwich, and

Charlton, Kent, dealer and chapman, (formerly trading at Plumstead, Kent, potter, Aug. 17 at 12, London.— Thomas Melbourne, Victoria, Australia, with John Edwards Browne, Collingwood Ker, Hans-place, Chelsea, dealer in railway and lately trading with Charles Serrant Walsh, deceased, at shares, Aug. 17 at 11, London.-Christopher Rowles Bell

, Grosvenor-street), Aug. 4 and Sept. 7 at 1, London: Off. Hounslow, Middlesex, coal merchant, Aug. 20 at 1, London. Ass. Whitmore; Sol. Wellbourne, 17, Duke-street, Lon- - Thomas Bothell Lawford and Edwin Maitland, Georgedon-bridge, Southwark.- Pet. f. July 25.

yard, Lombard-street, wine merchants, Aug. 20 at 2, London. ROBERT BROWN, Lime-street, London, and Port Wallace, -—Francis Butter, Berkley-street, Clerkenwell, and High

Nova Scotia, dealer and chapman, Aug. 3 at 12, and Sept. 8 street, Islington, baker, Aug. 20 at 2, London.-Josepk at 1, London: Off. Ass. Cannan ; Sols. Messrs. Harrison, Douglas, Sumner-terrace, Brompton, apothecary, Aug. 20 at 5, Walbrook.-Pet. f. July 23.

half-past 12, London.-Charles Blanks, East Hanningfield, JOSEPH SKINNER, Bouverie-street, Fleet-street, carpen- Essex, blacksmith, Aug. 20 at half-past 2, London. -John

ter, Aug. 3 at half-past 12, and Sept. 7 at half past 11, Fenton, Liverpool, apothecary, Aug. 20 at 11, Liverpool.London: Off, Ass. Cannan; Sol. Capreol, 4, Gray's-inn- Thomas Lake, Wakefield, grocer, Aug. 20 at half-past 11, square. -Pet. f. July 24.

Leeds.- William Powell, York, linendraper, Aug. 20 at 12, JOHN JONES, Tottenham-court-road, glass dealer, Aug. 4 Leeds. and Sept. 7 at half-past 1, London: Off. Ass. Whitmore;

To be granted, unless an appeal be duly entered. Sol. Seaman, 12, Pancras-lane, Cheapside.-Pet. f. July 18. GEORGE GOODFELLOW, Rowell, Northamptonshire, Noble, Liverpool, shipwright.—John Wilson and Benjamin

Robert Neal, Wandsworth-common, Surrey, carman.-J. currier, Aug. 4 at half-past 11, and Sept. 8 at 12, London : Wilson, Manchester, tailors.—Wm. Eggleston, Halifax, stuff Off. Ass. Cannan; Sols. Rawlins, Market Harborough; merchant.-Joseph Bunnell Thompson, Rotherham, York.

Page, 13, Duke-street, Manchester-sq.-Pet. f. July 26. THOMAS REED, George-street, Mile-end New-town, dealershire, linendraper.-Edmund Stevens, Walsall, Staffordshire,

draper. Richard Underwood, Leicester, hosier.- Edrin $. and chapman, Aug. 4 and Sept. 7 at 2, London: Off. Ass. Brookes, Loughborough, Leicestershire, hosier.-W. Heskin Whitmore ; Sols. Reed & Co., 59, Friday-street, Cheap- Osborn, Leicester, wine merchant.—Thos. Hollier, Leicester,

side.-Pet. f. July 26. JOHN WESTON, Market Harborough, dealer and chap- Ward, Leicester, fishmonger.-Moritz Gumpel Cohn, Great

woolstapler.—Isaac Pochin, Leicester, jeweller.-George I. man, Aug. 8 and Sept. 3 at half-past 10, Birmingham: Bridge, Staffordshire, pawnbroker.

John Willmore, Leices. Of. Ass. Christie ; Sol. Hodgson, Birmingham.--Pet. d. ter, woollendraper.--Henry Barber, Kidderminster, licensed July 20.

victualler.—John Hopkinson, Nottingham, grocer. ANTHONY BIRCH, Birmingham, dealer and chapman,

Aug. 4 and 25 at 11, Birmingham : Off. Ass. Bittleston;
Sol. East, Birmingham.- Pet. d. July 13,

TUESDAY, July 31.
THOMAS NASH, Stourbridge, Worcestershire, builder, (also
carrying on business as a straw bonnet maker in the name

BANKRUPTS. of his wife, Elizabeth Nash, at Stourbridge), Aug. 17 and THOMAS EDGLEY, Skinner-place, Sise-lane, dealer and Sept. 1 at 11, Birmingham: Off. Ass. Bittleston; Sol. chapman, Aug. 10 and Sept. 7 at 2, London: Off, Ass. James, Birmingham.-Pet. d. July 23.

Whitmore; Sols. Venning & Co., 9, Tokenhouse-yard.JAMES BEARDSMORE and THOMAS JAMES Pet. f. June 21.

BEARDSMORE, Audley, Staffordshire, dealers and chap. GEORGE HOOPER, Arbour-square, Commercial-road East, men, Aug. 17 and Sept. 1 at 11, Birmingham : Off. Ass. shipowner, Aug. 9 and Sept. 7 at 1, London : Off. Ass. Whitmore; Sols. Lees, Burslem, Staffordshire ; Smith, Bir. Whitmore; Sol. Shephard, 16, Clifford's-inn, Fleet-street. mingham.-Pet. d. July 20.

--Pet. f. July 28. PHEBE WESSON, Loughborough, Leicestershire, bleacher, WILLIAM GEORGE BROWN, Dartford, dealer and chap

Aug. 7 and Sept. 4 at 10, Nottingham : Off. Ass. Harris ; man, Aug. 10 and Sept. 7 at 11, London: Off. Ass. Can. Sol. Inglesant, Loughborough.-Pet. f. July 23.

nan; Sol. Chidley, 19, Gresham-street.-Pet. f. July 27. GEORGE WELSH HUNTER, Liverpool, ironmonger, THOMAS BACON, Colchester, printer, Aug. 8 at 1, and

Aug. 16 and 31 at 11, Liverpool: Off. Ass. Bird; Sols. Sept. 15 at half-past 12, London: Off. Ass. Nicholson ; Robinson & Duke, Liverpool. - Pet. f. July 24.

Sols. Abell & Jones, Colchester, and 42, SouthamptonJOHN JONES, Manchester, dealer and chapman, (carrying buildings. — Pet. f. July 27.

on business under the style of Evan Jones & Son), Aug. 8 FREDERICK GADD, Chichester, grocer, Aug. 7 at 1, and and 31 at 12, Manchester : Off. Ass. Hernaman; Sol. Sept. 20 at 11, London : Off. Ass. Nicholson; Sols. Hill & Atherton, Manchester.-Pet. f. July 24.

Matthews, St. Mary-axe.-Pet. f. July 30. ANDREW HALL, Manchester, dealer and chapman, Aug. WILLIAM QUINTON, Birmingham, builder, Aug. 10 and

10 and 31 at 12, Manchester : Off. Ass. Hernaman ; Sols, Sept. 1 at 11, Birmingham: Off. Ass. Bittleston ; Sols. Brooks & Marshall, Ashton-under-Lyne. Pet. f. July 25. Motteram & Knight, Birmingham.-Pet. d. July 25.

CONTENTS. London Gazettes..

312 Vice-ChanceLLOR Wood's COURT-(Continued). Leading Article

313 Chalmers v. M.Leod.-(Husband and wife-AssignNotes of the Week ..

ment by wife to husband before marriage)

724 First Report of the County Courts Commission .. 315


By G. J. P. SMITH and W. B. BRETT, Barristers at Law.

Tibble, App., Beadon, Resp.--(Watermen's Act, 7 & 8 By F. FISHER, Barrister at Law.

Geo. 4, c. lxxv, 88. 37, 101- Conviction-NonSturge v. The Eastern Union Railway Company

freeman--Navigating for hire—" Western barge") 725 (Eastern Union Railway Act, 1853–Preference Edmonds, App., The Master and Warden of the Com. shares, on what terms redeemable under-Priority

pany of Watermen, Resps.– (Watermen's Act, of arrears)

713 7 & 8 Geo. 4, c. lxxv, ss. 57, 102, 103-Bye-law ROLLS COURT.

- Employment of non-freemen Conviction of By G. Y. ROBSON, Barrister at Law.


727 In re Thomson.-(Solicitor and client - Right of Esposito v. Bowden.-(Charterparty between British client to original letters and copies of letters) .... 718

subject and neutral-Declaration of war-Contract Finch o. Hollingworth.-(Power-Relations-Life es

not dissolved-Orders in Council).

729 tate, with power of appointment in favour of tes. Reid v. Hoskins. — (Charterparty between British tator's relations)

718 subjects Declaration of war Dissolution of contract)


Bennett v. Powell.—(Judgment - County court)...... 719

By W. M. Best, Barrister at Law.

The Electric Telegraph Company v. The Overseers of
By T. F. MORSE, Barrister at Law.

the Poor of Salford.-(Poor rate-Electric TeleThe Paris Chocolate Company o. The Crystal Palace

graph Company) ....

733 Company. - (Agreement - Vague stipulations

Court or Common PLEAS. Variation of terms of contract-Specific perform

By W. PATERSON and W. Mills, Barristers at Law. -Injunction) ...


Simpson v. Sadd.-(Action and suit for the same cause Vice-CHANCELLOR Wood's COURT,

-Election to proceed in equity no disconlinuance By MATTHEW B. BEGBIE, Barrister at Law.

- Costs-Practice).

736 Lee v. Head.-(Power of appointment- Satisfaction of share in an appointable fund)

722 CORRIGENDUM.-In Contents, ante, p. 305, Reg. v. The In re Dickinson's Trusts.-(Trustee and cestuis que Registrar of the Pharmaceutical Society should have been trust)..

724 printed as reported by W. B. Brett, Barrister at Law.

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such stock, funds, annuities, or shares, or such of them,

or such part thereof respectively, as he shall think fit, LONDON, AUGUST 4, 1855.

shall be charged with the payment of the amount for

which judgment shall have been so recovered, and inTue clauses of the stat. 1 & 2 Vict. c. 110, which terest thereon, and such order shall entitle the judggive to judgment creditors the same rights against the ment creditor to all such remedies as he would have debtor's property as if he had himself charged it with been entitled to if such charge had been made in his the debt bave been prolific of perplexing questions. In favour by the judgment debtor.” In Watts v. Porter, the case of Whitworth v. Gaugain, (Cr. & Ph. 325), which was an action against an attorney for negligence Lord Cottenham was misled by the word “charge” in lending his client's money on the security of a mortinto an erroneous interpretation of the act, which was gage of an equitable interest in a sum of stock, without corrected by Sir J. Wigram, V. C., and afterwards giving notice of the mortgage to the trustees of the abandoned by the Chancellor himself, with the unani- stock, the loan was made in 1844; in 1847 two cremous assent of the Profession. (3 Hare, 416; 1 Ph. ditors of the mortgagor recovered judgment against 728). In Hawkins v. Gathercole, (1 Sim., N. S., 74), him for a debt exceeding the value of the stock, and in Lord Cranworth, while Vice-Chancellor, decided, upon 1848 obtained a judge's order charging the stock with words which were certainly literally capable of no the judgment debt, which order was regularly entered other construction, that the act extended to charge on the books of the Bank of England, and notified to benefices; and the reversal of his decision by the Lords the trustees of the stock. The debtor was subsequently Justices (1 Jur., N. S., part 1, p. 481) has not met discharged by the Insolvent Debtors Court; and it was with such universal acquiescence. The case of Watts held by Lord Campbell,C.J., and Wightman and Crompv. Porter (decided by the Court of Queen's Bench in ton, JJ., (dissentiente Erle, J.), that the charge created Trin. Term, 1854; 3 El. & Bl. 743; 1 Jur., N. S., by the judge's order had priority over the mortgage ; for part 1, p. 133) may, perhaps, be classed with those we it was by no means to be imputed to the Legislature, have mentioned, as one in which the fatal word that in speaking of a charge it did not contemplate a “charge” has betrayed more judges. That case arose fraudulent charge as much as an honest one. They upon the 14th section of the act, which is rather dif- relied on the doctrine in Dearle v. Hall and Loveferently worded from the 13th. It enacts, that if a ridge v. Cooper, (3 Russ. 1), that “whenever persons judgment debtor has any Government stock, funds, or treating for a chose in action do not give notice to the annuities, or stock or shares of or in any public com- trustee or executor who is the legal holder of the fund, pany, standing in his name, or in the name of a trustee they do not perfect their title, and they do not do all for him, a judge of one of the superior courts may, on that is necessary in order to make the thing belong to the application of the judgment creditor, “order that them in preference to all other persons.” Lord Camp

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