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Aug. 2 at 11, and Sept. feat 1, Exeter: Of. Ass. Hirtzel : CONCISE FORMS OF WILLS, with Practical. NotesBy
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THE LAW and PRACTICE of the COPYRIGHT, REHenry Hudson, Heaton-Fold-in-Marsh, Huddersfield,
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N INDEX to the STATUTE LAW of ENGLAND.
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THE LAW to
6 6 6
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No.280, NEW SERIES.-Vol. I.
AUGUST 4, 1855.
SOLICITORS' & GENERAL LIFE ASSURANCE SOCIETY,
52, CHANCERY LANE, LONDON. SUBSCRIBED CAPITAL, ONE MILLION.
DIRECTORS. CHURCH, JOHN THOMAS, Esq., Bedford-row.
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,
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.
C. J. GILL, Secretary. MISS M. LINDSAY'S VOCAL COMPOSITIONS:-.
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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,
1. Legal Biography: Lord Plunket. THE COMMON.LAW AND EQUITY 2. History of the Law Amendment Society.
3. Imperial (and International) Law: Administration of International
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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.
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L A W
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;
TUESDAY, July 31.
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 ..
724 First Report of the County Courts Commission .. 315
COURT OF QUEEN's Bench.
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)
732 VICE-COANCELLOR KINDERSLEY'S COURT. By C. MARETT, Barrister at Law.
COURT OF EXCHEQUER.
By W. M. Best, Barrister at Law.
The Electric Telegraph Company v. The Overseers of
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.
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.
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