ciate the reasoning on which this part of it rests, I am bound to give effect to my own views, and to declare the assignees entitled to the bonuses and accretions." LEGAL INTELLIGENCE. would be shown; but here, as far as the object of the parties appears, this is a sale of a reversionary interest in a sum of £750 Bank Stock for £500. The subsequent general words are ambiguous, and may be used either way; a man who buys must In this reasoning we do not concur, nor can we tell distinctly what it is he has purchased. Therefore, as the consideration for this purchase is measured approve of the quibble by which the learned by value, and not by marriage, which covers any judge has avoided being bound by the decision of amount, and in which you may look at the general Lord St. Leonards, as to the principal question. terms of the deed, I cannot hold that the purchaser was purchasing, not only the £750 stock, but also It would seem that the reasons upon which Lord the different accretions which should be produced by St. Leonards founded the distinction which he it.' And then his lordship in another part says, As to the bonus, I should hold, that if a man sold drew on the two questions before him in Plunkett v. Bank Stock, and afterwards, and before the transfer, Mansfield, are unanswerable. We also think that a a bonus was given upon that stock, the seller could purchaser buying a present interest should get not claim it, for it is given to the person who is the owner of the Bank Stock at the time. But only what he purchased, and would not be entitled this is a sale of a particular sum of stock out to any subsequently acquired addition to the estate of a reversionary interest in Bank Stock, and the he had purchased-which the bonus, as an accretion, purchaser was not entitled to call for a transfer at the time when the bonus was declared. The pur-is-unless future interests were intended to be con. chaser, therefore, is not entitled to the bonus. I veyed. Upon the force of the distinction taken, as to should be of a different opinion if this were the the effect of a decision pronounced by a learned case of a person, entitled to the entire produce of a fund, selling the whole of his reversionary in- judge in Ireland, and by the same judge in an terest.' But it seems to me, with all deference to English tribunal, we leave our readers to form this decision, that where a person, entitled to the their own estimate. beneficial interest in Bank Stock standing in the names of trustees, has assigned, and notice is given to the trustees, they are immediately converted into trustees for the assignee, and are no longer trustees for the assignor, except subject to the claims of the assignee. The stock is waiting for a transfer until the claims of the party having the life interest have expired. I do not see how that is met by Lord St. Leonards. The whole question as to whether it is a contract to transfer a sum of stock, or an absolute sale of the whole interest of the assignor, is met by the consideration of the answer to the question, whose would it have been the next moment if the tenant for life had instantly died? There must have been an immediate transfer to the assignee of all that in which the assignor was beneficially interested. As to the question of consideration, and the difference between a money consideration and a marriage consideration, I cannot follow Lord St. Leonards in his argument when he says that the assignment will only extend to that which is measured by the money given. I could understand such an observation in a case where a bill had been filed to set aside a transaction on the ground of an insufficient money consideration, but nothing appears to have been raised of this kind. There appears, however, to have been a feeling in the Lord Chancellor's mind that a very inadequate consideration had been given, and the refusal of the parties to file a bill may have increased his suspicions, that on a fuller investigation the claimants were aware that the weakness of their case would have appeared. If this decision of Lord St. Leonards, however, had been in England, I should have felt bound by its authority; being in Ireland, although entitled to the greatest weight, it does not bind me; and not being able to perceive or appre It is with deep regret we advert to the death of an eminent judge of our Common Law CourtsMr. Justice Jackson. The loss thus occasioned the public, the bench, and the profession, will be deeply felt, and will not be easily replaced. PORTFOLIOS FOR THE IRISH JURIST. THE Publisher begs to inform Subscribers that the above are now prepared, and will contain the numbers published during the year. These Portfolios are recommended for the convenience of preserving the Work, and for the facility they will afford for reading and reference previous to binding. Price 2s. each. EDWARD J. MILLIKEN, 15, COLLEGE-GREEN. THE ROYAL EXCHANGE ASSURANCE. (Incorporated A.D. 1720, by Charter of George the First.) No. 5, COLLEGE-GREEN, DUBLIN. Any sum up to £15,000 insurable on the same Life. A liberal participation in Profits, with exemption from the liabilities of partnership. The Reversionary Bonus has averaged nearly two per cent. per annum on the sum assured, or 43 per cent. upon the Premiums paid. It is believed that no other old established company, affording to the the same period a rate of Bonus equal to this. The Expenses of Management, being divided between the different branches, are spread over a larger amount of business than that transacted by any other office. The charge upon each Policy is thereby reduced to a sum so small as to account for the magnitude of the Bonus which has been declared, and to afford a probability that a similar rate will be sustained at future divisions. This Corporation affords to the Assured a liberal participation in Profits, with exemption from the liabilities of partnership; a rate of Bonus equal to the average returns of Mutual Societies, with the guarantee of a large invested Capital Stock :- the advantages of modern practice, with the security of an Office whose resources have been tested by the experience of nearly a Century and a half. Tables of rates and all other information, may be had on application to CORBET AND ARMSTRONG, Agents and Stock Brokers, No. 5 College-green, Dublin. CONSTITUTED BY THE STANDARD ACT OF PARLIAMENT. LIFE ASSURANCE COMPANY. EDINBURGH (Head Office) 3, GEORGE-STREET. ESTABLISHED 1825. GLASGOW, 35, ST. VINCENT-PLACE A very large portion of the Profits is allocated periodically to the Assured on the principle of a TONTINE. Divisions have already taken place at five periods, viz.-1835, 1840, 1845, 1850, and 1855. The following are examples : The Share of Profits attaching to a Policy may be applied to increase the Sam Assured, or the value may be received in Cash, or be applied to reduce the Annual Premiums. General Statement of the Company's Business from 1846 to 1856. . 10,490 The Sixth Division of Profits will be made on 15th November, 1860. CONDITIONS OF ASSURANCE. UNCHALLENGEABLE POLICIES AND FREE RESIDENCE IN ANY PART OF THE WORLD. Since 1851, when this Company promulgated the system of "Select Assurance," admission to which renders Policies indisputabl and unchallengeable on any ground whatever, the question of "Terms and Conditions" has become a most important point of consideration, and the day is quickly approaching when no one will hold a Policy from an office which does not give similar advantages. What a boon is it to all classes of Assurers to know, that whatever may happen, wherever the Assured may go, the claim will be met at death, subject to one simple condition, that the annual premium originally stipulated be punctually paid! ADVANCES ON THE SECURITY OF POLICIES-AND SURRENDERS. The Directors have lately adopted rules of the most liberal character with reference to Loans on the Security of their Policies, and to Surrenders, allowing surrender value on Participating Policies from the commencement of the Assurance, while the same sum which would be given for surrender will be given in loan without expense beyond the trifling stamp duty, and at a rate of interest which securities on land alone command. With these facilities, no Policy need be forfeited, except by carelessness, so long as the Assurance is of sufficient value to authorise an advance equivalent to the Premium. Resident Secretary in Dublin, SAMUEL SMYLIE, 66, UPPER SACKVILLE-STREET. Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COLLEGE-GREEN, or by letter (post-paid), will ensure its punctual delivery in Dublin, or its being forwarded to the Country, by Post, on the day of publication. All communications for the IRISH JURIST are to be left, addressed to the Editor, with the Publisher, E. J. MILLIKEN, 15, COLLEGEGREEN. Correspondents will please give the Name and Address, as the columns of the Paper cannot be occupied with answers to anonymous communications--nor will the Editor be accountable for the return of manuscripts, &c. TERMS OF SUBSCRIPTION (payable in advance);--Yearly, £2. Single Number, 2s. 6d. Published by EDWARD JOHNSTON MILLIKEN, 15, College-green, and printed at the Dublin Steam Press Printing Office, 65 Upper Sackville-street, by ROBERT G. SOUTER, Agent, who is authorized to receive orders for Advertisements.- January 1, 1858. The Irish Jurist. DUBLIN, JANUARY 15, 1858. bank claimed to prove for the full amount of the bill. The commissioners having only allowed the bank to prove for the amount due, they appealed from that decision. The arguments were similar to those urged in the case of In re Dunne, and a large number of authorities were referred to, to show the liability of the acceptor to the whole amount of the sum due on foot of the bill. The Lords Justices having taken time to consider them, refused the appeal. In giving judgment Sir J. L. K. Bruce said : A CASE of considerable interest to the commercial portion of the community, whose debtors have brought themselves within the jurisdiction of the Bankrupt Court, has been recently decided by one of the judges (Macan) of the New Court of Bankruptcy and Insolvency, In re Dunne, reported 3 Ir. "It might assist, it certainly could not damage, the Jur. N.S. 94. The facts of the case were shortly case for the appellants, to assume, as he did assume upon the present conditon of the evidence, that these:-The bankrupt, A., was the acceptor of a bill but for the bankruptcy, the acceptor, as between of exchange, which had been endorsed to the holder himself and the drawer of a bill of exchange, was by a third party, B., who prior to the issuing of the the person primarily liable to pay. Still the fact remained, that the appellants had actually received commission against the now bankrupt, A., had consums of money on account of the bill of exchange veyed his property to trustees for the benefit of his after it had reached maturity. According to the creditors, under which arrangement the holder had general rule of bankruptcy, which he thought a wholesome and rational rule, the appellants were received a payment of 4s. 6d. in the pound, as a not entitled to prove for more than the balance composition for the liability of B. A., having sub- remaining due after deducting the sums so received sequently become bankrupt, the holder now claimed by them from persons liable to them, either directly to prove against his estate for the full sum origi-there appeared no ground for making the present or indirectly; and to him (Sir J. L. Knight Bruce) nally due on foot of the bill, without deducting the exception, if, indeed, under any circumstances, amount paid by the trustees of B. The case was argued for the holder, principally on the ground that, had he proceeded at law against the acceptor, the entire amount could be recovered. The learned Judge, however, decided against this claim in its entirety, laying down the rule, that a creditor can be allowed to prove for 'no larger sum than actually remains due to him on foot of his claim. This is, we conceive, the sound principle; and we are glad to find it confirmed in a rec nt decision before the Lord Justices in England. The case referred to, that of Ex parte Taylor, in re Houghton, 3 Jur.,N S., 753, was an appeal from the decision of Mr. Commissioner Holroyd, who decided in conformity with the principle laid down above, and was referred to in the argument of that case as reported 28 L. Ti., 375. The facts of re Houghton were shortly these. Mr. Houghton was the acceptor of a bill of exchange, for the accommodation of A., the drawer, who endorsed it to the London Joint Stock Bank. A. compounded with his creditors, and paid them 14s. 9 d. in the, pound, including the bill in the hands of the Joint Stock Bank. Subsequently Houghton, the acceptor, became bankrupt, and the there could be an exception, to that rule, the pay- Sir G. J. Turner said: "Upon the question of the right to discover the full amount at law, he thought it was unnecessary to give any opinion; for the present purpose he would assume that it was so, but he did not think that it followed that the appellants had the right to prove for the whole amount in bankruptcy, for the right of proof in bankruptcy did not in all cases follow the right to recover at law. The obligee under a voluntary bond, for instance, could recover at law, but was not entitled to prove in bankruptcy. Again; the mortgagee of a bankrupt's estate coul recover in an action upon the covenant the whole amount due upon the mortgage, but in bankruptcy he could only prove for the deficiency after realising his security. The argument for the appellants, if (Incorporated A.D. 1720, by Charter of George the First.) Agents and Stock Brokers, No. 5, COLLEGE-GREEN, DUBLIN. Any sum up to £15,000 insurable on the same Life. A liberal participation in Profits, with exemption from the liabilities of partnership. followed to its legitimate consequences, would amount THE ROYAL EXCHANGE ASSURANCE. to this, that the proof must be made for what was due from the bankrupt, and not for what was due to the creditors proving; but if that had been the practice and rule of the Court of Bankruptcy, there would have been no occasion for the statutory provisions as to the rights of sureties. He therefore could not consent to disturb the general and settled rule of bankruptcy on any of the grounds which had been urged on this occasion. Whatever might have been the origin of the rule in bank-Trish public the accommodation of local agencies, has maintained during ruptcy and perhaps it was found difficult to see on what grounds the rule was founded-it was a settled rule. The grounds for disturbing it in this instance were unsound, and he concurrred that this appeal must be dismissed with costs." Their Lordships said they thought the question raised in this case was of sufficient importance to be carried to the House of Lords, if the counsel for the appellants desired it, and added that they were willing to give their certificate for that purpose. LEGAL INTELLIGENCE. We are sorry to have again to announce the death of a very eminent member of the Irish Bench, creating therein a vacancy which it will be difficult to replace. There are few endowed with such natural adaptations for judicial excellence as the late Mr. Justice Moore. PORTFOLIOS FOR THE IRISH JURIST. The Reversionary Bonus has averaged nearly two per cent. per annum on the sum assured, or 43 per cent. upon the Premiums paid. It is believed that no other old established company, affording to the the same period a rate of Bonus equal to this. The Expenses of Management, being divided between the different branches, are spread over a larger amount of business than that transacted by any other office. The charge upon each Policy is thereby reduced to a sum so small as to account for the magnitude of the Bonus which has been declared, and to afford a probability that a similar rate will be sustained at future divisions. This Corporation affords to the Assured a liberal participation in Profits, with exemption from the liabilities of partnership;-a rate of Bonus equal to the average returns of Mutual Societies, with the tested by the experience of nearly a Century and a half. THE Publisher begs to inform Subscribers that Risks of this description accepted on a most liberal scale of rates the above are now prepared, and will contain the numbers published during the year. These Portfolios are recommended for the convenience of preserving the Work, and for the facility they will afford for reading and reference previous to binding. Price 2s, each. Just Published, price 16s., free by post, the Second Edition of DURE AMENDMENT ACT, 1856, the General Orders of 1854 and 1856, By WILLIAM DWYER FERGUSON, Esq., LL.D., Barrister-at-Law. It also embodies the New Common Law Procedure Act, with a commentary on its provisions and the general Law of Arbitrations, Injunctions, Mandamus, aud Equitable Defences in Courts of Law, forming a complete Code of Common Law Procedure. A Dublin: E. J. MILLIKEN, Law Publisher, 15, College-green. IRISH GAME LAW. Just Published, Price 5s, free by post, Dublin Agency-19, TALBOT-STREET. Eighty per Cent, or Four-Fifths of the Profits, are divided amongst the Assured EVERY FIVE YEARS. Policies taken out in Ireland participate in the Surplus as fully as those effected in Englaud. Tables of Rates, Forms of Proposal, and all requisite information may be had on application to PAUL ASKIN, Agent, 19, Talbot street, Dublin. Agent also to the IMPERIAL FIRE OFFICE. Shortly will be Published, SMALL PRACTICAL WORK ON THE THE PROBATES AND LETTERS OF AD GAME ACTS. BY EDWARD PARKYNS LEVINGE, Esq., Barrister-atLaw. Showing the Laws capable of being put in force in Ireland for the protection of Game, and the punishment of offenders; with a concise exposition of the duties of Magistrates in and out of Petty Sessions in relation thereto. Dublin: EDWARD J MILLIKEN, College Green. MINISTRATION ACT (IRELAND) 1857. By JOHN SMITH GAIRDNER, of the Inland Revenue Office (Legacy |