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TANGOM, JAMES, Chichester, Fish Hawker Brighton Pet CHARLTON, EDWARD JAMES, Basingstoke, Hants Jan 7 at Grant, Annie MARIA, Polruan, Cornwall, Baker PlyDec 11 Ord Dec 15 3 Off Rec, Southampton

mouth Pet Nov 20 Ord Dec 17 TATE, THOMAS, Pontefract, Market Gardener Wakefield CHARLTON, SAMUEL, Nunney, Somerset, Baker Jan 5 at Grove, EDWARD, Leicester, Boot Manufacturer Leicester Pet Nov 25 Ord Dec 10 12.30 Off Rec, Baldwin st, Bristol

Pet Dec 15 Ord Dec 16 Toy, FRANK, Leeds, Grocer Leeds Pet Dec 14 Ord COYNE, HABOLD, CHRISTIAN Dennis Coyne, and ARTHUR HUGHES, Owen, Llanrwst, Denbighshire, Grocer PortDec 14 Coyne, Strand, Bootmakers Dec 29 at 12 Bankruptcy

madoc Pet Dec 16 Ord Dec 18 TROWBRIDGE, WILLIAM, Shaftesbury, Dorsets, Cabinet bldgs, Carey st

HYDE, FREDERICK, Birmingham, Wholesale Fruiterer Maker Salisbury Pet Dec 10 Ord Dec 10

DARMARO, ENRICO, Clifton, Professor of Music Jan 5 at Birmingham Pet Dec 8 Ord Dec 16 WEEKS, MORGAN, Pontypridd, Commission Agent Ponty 11.30 Off Rec, Baldwin st, Bristol

Jinks, ALFRED, Worthing, Jobmaster Brighton Pet Nov pridd Pet Dec 15 Ord Dec 15 DENT, WILLIAM ARTHUR BURGOYNE, Newport, Mon,

18 Ord Dec 16 WHINRAY, THOMAS, jun, Arnside, Westmorland, Butcher Butcher Jan 4 at 12.30 Off Rec, Gloucester Bank Joxes, DAVID, Aberdare, Boot Dealer Aberdare Pet Dec Kendal Pet Dec 13 Ord Dec 13 chmbrs, Newport, Mon

16 Ord Dec 16 WILLIAMS, JABEZ, Bradford, Builder Bradford Pet EDMUNDS, WILLIAM, Aberdare, Innkeeper Dec 31 at 2 | KEANE, GEORGINA Alice, Eastbourne Eastbourne Pet Dec 14 Ord Dec 14 65, High st, Merthyr Tidfil

Nov 17 Ord Dec 17 WILTSHIRE, JAMES, Kingswood, Glos, Builder Bristol FREUND, JOHANN PHILIPP, Stoke Newington, Boot Manu- | KITCHEN, Joseph Henry, Rinsey, Breage, Cornwall, Pet Nov 26 Ord Dec 13 facturer Dec 29 at 2.30 Bankruptcy bldgs, Carey st

Farmer Truro Pet Dec 16 Ord Dec 16 WRIGHT, JAMES, Brierley Hill, Stafford, Glass Manufac- GAMBLE, Ben, Fleckney, Leicesters, Builder Jan 4 at 3 LANGRIDGE, LUKE LUTENER, Hollington, Sussex, Builder turer Stourbridge Pet Dec 10 Ord Dec 10 Off Rec, 1, Berridge st, Leicester

Hastings Pet Dec 2 Ord Dec 16
GIBBS, ERNEST WILLIAM CECIL, Tulse Hill Dec 29 at 12.30 LECHMERE, EDWARD, Pimlico, Dental Surgeon High Court
Amended notice substituted for that published in the Bankruptcy bldgs, Carey_st

Pet Dec 15 Ord Dec 15
London Gazette of Dec. 10:

GIBBS, FREDERICK THOMAS MEADE, Kilburn Dec 29 at 12 LEWIS, SIMON Joux, Bedminster Wells Pet Dec 15 Ord HILES, ELLEN MARY JOSEPHINE, Oxford

Dec 16
Oxford Pet

Bankruptcy bldgs, Carey st
Dec 6 Ord Dec 6

GRICE, JOHN AUSTIN, High Holborn, Licensed Victualler LOCKWOOD, GEORGE, Rawcliffe, nr Goole, Yorks, Saddler
Dec 30 at 12 Bankruptcy bldgs, Carey st

Wakefield Pet Dec 18 Ord Dec 18
London Gazette.- TUESDAY, Dec. 21.

GROVE, EDWARD, Leicester, Boot Manufacturer Jan 4 at Lucas, JOSEPH, Wollaston, Northamptons, Engineer
12.30 Off Rec, 1, Berridge st, Leicester

Northampton Pet Dec 16 Ord Dec 17
RECEIVING ORDERS.

HABE, EDGAR, Badby, nr Daventry, Baker Jan 1 at 12.30 MOUNCE, HENRY, Newport, Mon, Baker Newport, Mon
County Court bldgs, Sheep st, Northampton

Pet Dec 16 Ord Dec 16
Bird, Edwin, Birmingham, Shop Fitter Birmingham HARRIS, RICHARD, Kingswood, 'Gloucester, Coal Dealer NOBLE, GEORGE, Camborne, Cornwall, Fruiterer Truro

Pet Dec 18 Ord Dec 18
BISHOP, GEORGE, Skipton, Yorks, Cycle Manufacturer HILBORNE, William, jun, Somerton, Somersetshire, Coal

Jan 5 at 12 Off Rec, Baldwin st, Bristol

Pet Dec 15 Ord Dec 17

NORTH, CHARLES EDWARD, Bradford, Agent Bradford Bradford Pet Nov 9 Ord Nov 19 Merchant Dec 29 at 1 Off Rec, City chmbrs, Endless

Pet Dec 17 Ord Dec 17 BROWNE, WILLIAM ALEXANDER, Abergele, Denbighs, Com

st, Salisbury

PAYNE, RICHARD, Wandsworth, Butcher Wandsworth mission Agent Bangor Pet Dec 17 Ord Dec 17

HIPWELL, SOLDEN, Wisbech, Cambridgeshire, Builder Dec Pet Nov 23 Ord Dec 18 CHARLTON, EDWARD JAMES, Basingstoke, Hants Win

29 at 3 Auction Mart, Tokenhouse yd

PEARAON, SAMUEL, Wollescote, nr Stourbridge, Ironchester Pet Dec 17 Ord Dec 17

JOHNSON, HAREY, Teddington, Cycle Agent Dec 31 at 11.30 worker Stourbridge Pet Dec 13 Ord Dec 13 COUPLAND, ROBERT, Accrington, Draper Blackburn Pet

24, Railway appr, London bridge

ROBERT JON, ELLEN EMMA, Wakefield Wakefield Pet Dec Dec 7 Ord Dec 17 KEANE, GEORGINA ALICE, Eastbourne Jan 4 at 1.30 Coles

15 Ord Dec 15 DAVIES, DAVID, Ruabon, Denbighs, Grocer Wrexham

& Sons, Seaside rd. Eastbourne

SCALES, THOMAS ROBERT, Bridlington Quay, Yorks, Pet Dec 18 Ord Dec 18

LANE, WALTER, Bedminster, Grocer Jan 5 at 11.45 Off Journeyman Butcher Scarborough Pet Dec 16 Ord DUNN, JOHN HINDMAS, Bradford, Draper Bradford Pet

Rec, Baldwin st, Bristol

Dec 16 Dec 16 Ord Dec 16

LECHMERE, EDWARD, Pimlico, Dental Surgeon Dec 29 at SINCLAIR, EDWARD, North Cowton, Yorks, Clerk NorthGROVE, EDWARD, Leicester, Boot Manufacturer Leicester

11 Bankruptcy bldgs, Carey st

allerton Pet Dec 15 Ord Dec 16 Pet Dec 16 Ord Dec 16

LEWIS, Simon Joun, Bedminster Jan 5 at 1 Of Rec Smith, FRED, Kingston upon Hull, Baker Kingston upon HIRSCH, HERMAN CHARLES CÆSAR, Southwark, Egg Mer

Baldwin st, Bristol

Hull Pet Dec 16 Ord Dec 16
chant High Court Pet Nov 27 Ord Dec 17
HUGHES, OWEN, Llanrwst, Denbighs, Grocer Portmadoc

Mackie, Frank HECTOR, Kirstead, Norfolk, Upholsterer's SPRINGTHORPE, Joseph, Newbold Moor, Derby, Draper
Salesman Dec 31 at 12 Off Rec, 8, King st Norwich

Chesterfield Pet Dec 17 Ord Deo 17
Pet Dec 18 Ord Dec 18

MESILLA VALLEY IRRIGATION COLONY, Victoria st, West STEWART, CHARLES Nigel, Victoria st, Westminster High Jones, David, Aberdare, Boot Dealer Aberdare Pet Dec

minster Dec 30 at 11 Bankruptcy bldgs, Carey st

Court Pet Aug 4 Ord Dec 16 16 Ord Dec 16 JORDAN, ALFRED John, Brighton, Carrier Brighton Ord

NEWBY, JOSEPH WAKERLEY, Syston, Leicestershire, Wheel- TOWLER, HERBERT John, Birmingham, Grocer Birming

wright Dec 29 at 12.30 Off Rec, 1, Berridge st, Lei- Viralu, FREDERICK Jons, Liverpool, Licensed Victualler Dec 17

cester
Kincu, FREDERICK, Kingston upon Hull, Corn Merchant NUGENT, AENRY WALTER Joux, Gloucester, Porltry

Liverpool Pet Nov 18 Ord Dec 17
Kingston upon Hull Pet Nov 9 Ord Dec 16
KITCHEN, JOSEPH HENRY, Rinsey, Breage, Cornwall, Far-

Farmer Jan 4 at 12 Off Rec, Gloucester Bank chmbrs, WAITE, THOMAS BUSHBY, Albrighton, Salop, Schoolmaster
Newport, Mon

Madeley Pet Dec 11 Ord Dec 18 mer Truro Pet Dec 16 Ord Dec 16

PAGE, THOMAS, Swansea, Wheelwiight Dec 30 at 12 Off WATKINSON, Thomas, Gt Preston, Woodlesford, Yorks LEWIS, Simox Joux, Bedorinster Wells Pet Dec 16 Ord

Rec, 31, Alexandra rd, Swansea

Farmer' Wakefield Pet Dec 16 Ord Dec 16
Dec 16
LOCKWOOD, GEORGE, Rawcliffe, rr Goole, Yorks, Saddler

PEARSON, SAMUEL, Wollescote, or Stourbridge, Ironworker | WEEKS, WILLIAM, Eastmeon, Farmer Portsmouth Pet
Dec 30 at 3.15 W 8 Mobberley, Solicitor, High st,

Dec 17 Ord Dec 18
Wakefield Pet Dec 18 Ord Dec 18

Stourbridge
Lucas, Joseph, Wollaston, Northamptons, Engineer PHILBRICK, HORACE, Southampton, Solicitor Dec 30 at

WHITFIELD, WILLIAM STOREY, Newcastle on Tyne New

castle on Tyne Pet Dec 18 Ord Dec 18 Northampton Pet Dec 17 Ord D 17

3.30 Off Rec, Southampton

WIKELEY, GEORGE, Stillington, Yorks, Thrashing Machine McBLAIN, Joux, Gloucester rd, Draper High Court Pet PIERPOINT, FREDERICK ERNEST, Dorking. Dec 29 at 12.30

Proprietor Yorks Pet Dac 17 Ord Dec 17 Dec 16 Ord Dec 16

Off Rec, City chmbrs, Endless st, Salisbury

WRIGHT, JOHN WILLIAM, Nottingham Nottingham Pet
MOUNCE, HENRY, Newport, Mon, Baker Newport, Mon
PILLEY, John, Thorpe Hesley, Rotherham, Stonemason

Nov 24 Ord Dec 17
Pet Dec 16 Ord Dec 16
NIGHTINGALE, FREDERICK RICHARD, and John Niaurin- Riley, John HENRY, Burley, Leeds, Commercial Traveller

Dec 29 at 2 Off Rec, Fig Tree lane, Sheffield
GALE, Newcastle on Tyne, Hairdressers Newcastle on
Tyne Pet Dec 14 Ord Dec 15

Jan 3 at 11 Off Rec, 22, Park row, Leeds

All letters intended for publication in the
ROBSHAW, ERNEST ALFRED HAMILTON, Gt Grimsby, Grocer
NOBLE, GEORGE, Camboine, Cornwall, Frviterer Truro

Dec 31 at 12 Off Rec, 15, Osborne st, Gt Grimsby
Pet Dec 16 Ord Dec 15
NORTH, CHARLES EDWARD, Bradford, Agent Bradford
SAPTE, WILLIAM, jun, Petworth, Sussex, Journalist Jan

Solicitors' Journal" must be authenticated Pet Dec 17 Ord Dec 17

3 at 3 Off Rec, 24, Railway app, London Bridge PEARSON, SAMUEL, Wollescote, or Stourbridge, Ironworker Smith, FRED, Kingston upon Hull, Baker Dec 31 at 11.30

by the name of the writer. Stourbridge Pet Dec 13 Ord Dec 13

Off Rec, Trinity House lane, Úvul
ROBERTSON, ELLEN EMMA, Wakefield Wakefield Pet Dec

SMITH, HEDLEY Masox, Islington, Ironmonger Dec 30 at
2.30 Bankruptcy bldgs, Carey st

Where difficulty is experienced in procuring the 15 Ord SC 15

Dec 30 at 3 Scales, Thomas ROBERT, Bridlington Quay, Yorks, Butcher TaxsOM, JAMES, Chichester, Fish Hawker

Journal with regularity, it is requested that Dec 30 at 1

Off BINCLAIR, EDWARD, North Cow con, Yorks, Clerk North-TAYLOR, JAMES H, Hatch, nr Taunton

Rec, City chmbrs, Endless st, Salisbury allerton Pet Dec 16 Ord Dec 16 SMITH, FERD, Kingston upon Hull, Baker Kingston upon

VINALL, FREDERICK JOHN, Liver pool, Licensed Victualler application be made direct to the Publisher. Hull Pet Dec 16 Ord Dec 16

Jan 4 at 12 Off Rec, 35, Victoria st, Liverpool SPRINGTHORPE, JOSEPH, Newbold Moor, Derby, Draper

WEARMOUTH, Joun WALTON, Bishop Auckland, Insurance Chesterfield Pet Dec 17 Ord Dec 17

Agent Dec 28 at 4 Off Rec, 25, John st, Sunderland Subscription, PAYABLE IN ADVANCE, which inWAITE, THOMAS BUSHBY, Albrighton, Salop, Schoolmaster WIBELEY, GEORGE, Stilling con, Yorks, Thrashing Machine

Proprietor Jan 3 at 12.15 Off Rec, 28, Stonegate, Madeley Pet Dec 18 Ord Dec 18

Yorx

cludes Indexes, Digests, Statutes, and PostWATKINSON, THOMAS, Gt Preston, Woodlesford, Yorks, WOLFENDEN, Robert, Cheshunt, Heils, Solicitor Farmer' Wakefield Pet Dec 16 Ord Dec 16

Dec 30 at 11 Bar'ı uptcy bldgs, Carey st

age, 528. WEEKLY REPORTER, in wrapper, Weeks, WILLIAM, Eastmeon, Farmer Portsmouth Pet Dec 18 Ord Dec 18

WRIGHT, JAMES, Brierley Hill, Staffs, Ea. henware Manu

factrrer Dec 30 at 11.30 WHITFIELD, WILLIAM STOREY, Newcastle on Tyne New

Dudley Arms Hotel, 268. ; by Post, 288. SOLICITORS' JOURNAL, castle on Tyne Pet Dec 18 Ord Dec 18

Dudley

12 Off WIKELEY, GEORGE, Stillington, Yorks, Thrashing Machine Waigur, JOHN WILLIAM, Nottingham Jan 3 a

268.; by Post, 288. Volumes bound at the Proprietor York Pet Dec 17 Ord Dec 17

Rec, 4, Castle pl, Park st, Nottingham
Amended notice substituted for that published in the

office-cloth, 28. 9d., half law calf, 5g. 6d. Amended notice substituted for that published in the

London Gazette of Dec. 14 :
London Gazette of Dec. 17 :

PeDLEY, FREDERICK WILLIAM, West Hartlepool, Plumber
DARMARO, ENRICO, Clifton, Bristol, Professor of Music Dec 28 at 3 Off Rec
Bristol Pet Dec 13 Ord Dec 13

E DE AND

SON
ADJUDICATIONS.
RECEIVING ORDER KESCINDED.

Aer, WALTER, and Frank Ass, Southampton, Wholesale
MEAGER, WILLIAM, Streathbourne rd, Balham, Costume Fruiterers Southampton Pet Nov 17 Ord Dec 17

ROBE

MAKERS.
Manufacturer High Court Rec' Ord Nov 16, 1897 BARKER, ANNE, Leicester, Milliner Leicester Pet Sept 18
Reso Dec 13
Ord Dec 15

BY SPECIAL APPOINTMENT
BURNETT, JAMES, Bristol, Boot Manufacturer Bristol
FIRST MEETINGS.

To Her Majesty, the Lord Chancellor, the Whole of the
Pet Nov 30 Ord Dec 16

Judicial Bench, Corporation of London, &c. BAKER, HORACE CHARLES WILLIAM, Mincing In, Merchant CHAPPELL, ALBERT, and Sidney CHAPPELL, Cardiff Cardiff Dec 30 at 2.30 Bankruptcy bldgs, Carey st

Pet Sept 13 Ord Dec 15

ROBES FOR QUEEN'S COUNSEL AND BARRISTERS. ROURGEOIS, ACHILLE, Alexandra rd, Finsbury Park, Watch

DARMARO, Errico, Clifton, Bristol, Professor of Music
Importer Dec 30 at 12. Bankruptcy bldge, Carey st
Bristol Pet Dec 13 Ord Dec 15

SOLICITORS' GOWNS.
BROCK LESBY, HAROLD, Gt Grimsby, Draper Jan 6 at 10.30
Davies, David, Ruabon, Denbigh, Grocer Wrexham Pet

Law Wigs and Gowns for Registrars, Town

Dec 18 Orå Dec 18
Off Rec, 15, Osborne st, Gt Grimsby
Brown, GEORGE WILLIAM, Rochdale, Boot Dealer Dec 31 Dunn, John Hindmas, Bradford, Draper Bradford Pet

Olerks, and Clerke of the Peace, at 11.15 Townhall, Rochdale

Dec 16 Ord Dec 16

Corporation Robes, University and Clergy Gowns.
BURN, ALBERT FREDERICK, Kingston upon Hull, Butcher | Feitu, Edward Phillip, Lombard ct, Accountant High
Dec 31 at 11 Off Reo, Trinity House In, Hull
Court Pet Oct 12 Ord Dec 15

ESTABLISHED 1689.
CHAMBERS, WILLIAM, Leeds Deo 30 at 11 Of Rec, 22, GAETON, WILLIAM, Muscovy ct, Tower Hill, Cocoa Mer-
Park row, Leeds

chant High Court Pet Nov 17 Ord Dec 15

94, CUANCERY LANE, LONDON.

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The Solicitors' Journal and Reporter.

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ROYAL EXCHANGE ASSURANCE.

VOL. XLII., No. 9.
INCORPORATED A.D. 1720.
FOR SEA, FIRE, LIFE AND ANNUITIES.
CHIEF OFFICE: ROYAL EXCHANGE, LONDON.

LONDON, JANUARY 1, 1898.
FUNDS, £4,000,000. CLAIMS PAID, £38,000,000.

FIRE.
INSURANCES ARE GRANTED AGAINST LOSS OR DAMAGE BY FIRE on
PROPERTY of almost every description, at Moderate Rates.

The Editor cannot undertake to return rejected contributions, aud
LIFE.
DEATH DUTY POLICIES--Payment Direct to Revenue Authorities before grant

copies should be kept of all articles sent by writers who are not on of Probate,

the regular staff of the JOURNAL. Apply for Full Prospectus to

estu. OLANDCOCK, Secretary. THE OLDEST & WEALTHIEST EXISTING MORTGAGE INSURANCE OFFICE.

Contents.
THE LAW GUARANTEE AND TRUST SOCIETY,

CURRENT TOPICS ................................ 141 LEGAL NEWS
LIMITED.

COVENANTS FOR QUIET ENJOYMENT

WINDING UP NOTIONS
SUBSCRIBED CAPITAL £1,000,000. PAID-UP - £100,000.

CORRESPONDENCE ......................... 146 CREDITORS' NOTIOBB.......................... 154
NEW ORDERS, &c. ............................... 146

BAIIBUPTOY NOTICEB............
FIDELITY GUARANTEES OF ALL KINDS. ADMINISTRATION AND LUNACY | LAW SOCIETIES ............................... 152

BONDS. MORTGAGE, DEBENTURE, LICENSE, AND CONTINGENCY
INSURANCE. TRUSTEESHIPS FOR DEBENTURE-HOLDERS, &c.

Cases Reported this Week.
HEAD OFFICE: 49, Chancery-lane, W.C. | CITY OFFICE : 56, Moorgate-street, E.C.

In the Solicitors' Journal. nolds (Surveyor of Taxes) (Respon

dents).... IMPORTANT TO SOLICITORS

Allen v. Flood

Dawson v. The African Consolidated In Drawing LEASES or MORTGAGES of

Lewis v. Clay

151 Land and Trading Co. (Limited)..... 132 LICENSED PROPERTY

Fowell, Re. Crosland v. Holliday...... 150 Durrant v. Branksome Urban District

Council
Watson (Surveyor of Taxes) v. Sandie

134 To see that the Insurance Covenants include a policy covering the risk of LOSS OR FORFRITURE OF THB LICENSE.

& Hull

151

Friend, In re. Friend v. Young . Suitable clauses, settled by Counsel, can be obtained on application to

Ginger, Io re. Ex parte The London THE LICENSES INSURANCE CORPORATION AND In the Weekly Reportør.

and Universal Bank (Limited)

Hill v. Hicken.......
GUARANTES FUND, LIMITED,

Ashton, In re. Ingram v. Papillon ... 138 London County Council (Appellants) v. 24, MOORGATE STREET, LONDON, E.C.

Brickwood & Co. (Appellants). Rey

Wood (Respondent).

143 Mortgages Guaranteed on Licensed Properties promptly, without special valuation and at low rates.

CURRENT TOPICS.
ALLIANCE ASSURANCE COMPANY.
Established 1824. Capital, £5,000,000 Sterling.

THE PAINFULLY sudden death of Mr. CHARLES HARRISON
HEAD OFFICE: BARTHOLOMEW LANE, LONDON.

comes as a singular sequel to the death of Sir FRANK LOOKChairman: RIGHT HON. LORD ROTHSCHILD, LONDON BRANCHES : 1, ST. JAMES'S ST., 8.W.; 63, CHANCERY LANE, W.C.; WOOD, at whose funeral Mr. HARRISON caught a chill. Mr. NORFOLK ST., STRAND; WIGMORE ST.; 3, MINCING LANE, E.C. HARRISON had been in practice in London for close on forty

LIFE AND FIRE INSURANCES AT MODERATE RATES. Life Policies free from Restrictions, with Perfect Security and Liberal Bonuses. years, and, in addition to the demands made on him by his Special forms of Policies have been prepared to provide for payment of ESTATE DUTIES. business, he found time to take an active part in London muniFull Prospectuses on application. ROBERT LEWIS, Chief Secretary. cipal matters, and, for the last two years, to represent Plymouth

in the House of Commons. LEGAL AND GENERAL LIFE ASSURANCE SOCIETY.

WE PRINT elsewhere a letter in which Mr. J. S. RUBINSTEIN

very effectively criticizes the “Statement of the Methods and ESTABLISHED 1836.

Results of Registration of Title to Land" which, it appears, the

Land Registry Office has sent to the local governing bodies of FUNDS

£ 3,000,000

the metropolis. The touch of humour in the official reference to INCOME

£ 373,000

"the natural claim of the metropolis to precedence in enjoying YEARLY BUSINESS

the benefit of the Act" is inimitable.

£1,000,000 BUSINESS IN FORCE

£11,000,000

WE HAVE received from the Land Registry Office a set of THE PERFECTED SYSTEM of Life Assurance is peculiar to this Society rules under the Land Transfer Acts, 1875 and 1897, which are and embraces every modern advantage.

to be known as the Provisional Land Transfer Rules, 1897, and

which will be found printed elsewhere. We are also informed PERFECTED MAXIMUM POLICIES.

that a short summary of the changes in Land Registry practice WITHOUT PROFITS.

which will be entailed by the Act and Rules is in course of

preparation and will be available shortly. The Rates for these Whole Lifë Policies are very moderate.

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The most important matters with which the new Land Transfer Rules deal are the first registration of settled land, the transfer of land into settlement, the transmission of land on death, and notice of deposit of land certificates. Under section 6 of the Land Transfer Act, 1897, settled land may, at the option of the tenant for life, be registered either in the name of the tenant for life, or, where there are trustees with power of sale, in the names of those trustees; and there are to be entered on the register such restrictions or inhibitions as may be prescribed, or may be expedient, for the protection of the rights of the persons beneficially interested in the land. Under the rules it is provided that application for registration of settled land may be made by any person capable of being registered as proprietor, with tho consent of the other persons (if any) whose consent or concurrence is necessary to a sale by that person.

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The extent of the restrictions and inhibitions that are be to infant apart from its parents. It is the duty of the local registered is governed by rule 4. In framing these it is not to authority, which outside London is the board of guardians for be the duty of the trustees or of the registrar to protect the the district, to inquire what persons within the district receive interests of any person who would not have been a necessary party such infants for hire, and power is given to the authority to to a sale or mortgage if the land had been unregistered. But limit the number of infants which may be kept in any one the trustees, or, in the absence of trustees, the registrar, are to give house. Infants kept in houses unfit for the purpose, or by notice of the restrictions and inhibitions to such of the beneficiaries persons unfit to have their care, may be removed. If any infant as the registrar directs; and any such person can, if he wishes, respecting whom notice has to be given dies, notice of the lodge a caution or apply for an inhibition. This rule does no death must be given to the coroner of the district within twentymore than follow the policy of the Settled Land Acts, which four hours, and it is provided that the coroner must hold an secure the interests of the beneficiaries by requiring the tenant inquest unless there is produced to him a satisfactory medical for life to exercise the powers of the Acts as a trustee for them. certificate showing that a registered practitioner has personally When land is transferred into settlement the instrument of attended the child, and shewing the cause of death. The Act transfer (forms for which are given in the schedule to the rules) does not apply to the relatives or guardians of any infant, nor is to contain the proper restrictions or inhibitions to be entered to hospitals or homes conducted for religious or charitable puron the register according to the principles stated in rule 4 poses. (rule 7); but it will be for the registrar to determine (subject to an appeal to the court) whether such restrictions or inhibi THE MOST important feature of the new year will be the tions are proper to be registered, and for this purpose he may appearance of the Real Representative. Whenever any

landrequire the production of the settlement and any further owner is so inconsiderate as to die after thọ 1st of January, evidence that may be necessary (rule 9). Otherwise it will not and before the Land Transfer Act, 1897, has been amended, he be the duty of the registrar to inquire into the terms of the will leave his successors a legacy of doubts and difficulties in settlement. Similar provision is made for the case where a winding up his estate such as have not hitherto been experisettlement is created by will (rules 16-19). Ordinarily on pro-enced. We discussed in detail the questions which are likely duction of probate or letters of administration of a sole regis- to arise under the present statutory provisions as to the Real tered proprietor of land, dying after 1897, the personal repre- Representative (ante, pp. 42, 61), and we need not refer to them sentative will be registered as proprietor with the addition of further at present; but we propose at an early date to sum up words shewing his representative capacity (rule 14). But, briefly for the benefit of our readers the practical considerations although the rules are not quite clear on the point, it seems relative to the powers and duties of this new legal personage. that the devisee or legates may be registered immediately, on production of the probate and of an instrument of assent or appropriation signed by the executors (rule 15).

IN A LETTER to the Times of the 29th ult. Mr. THOMAS SNOW raises again the question of the expediency of the double appeal

involved in the existing appellate jurisdiction of the House of It is one of the objects of the revised system of registration Lords. He advocates the plan mooted when the Judicature to make the production of the land certificate necessary upon all Act, 1873, was under consideration of having only one Court of dealings with registered land. By section 8 of the Act of 1897 Appeal, such court, however, to be connected with the House of it is provided that so long as a land certificate or certificate of Lords by the fact that all its members would also ex officio be charge is outstanding, it shall be produced to the registrar on members of the House. The plan has two defects. It overevery entry in the register of a disposition by the registered looks the positive advantages of a second Court of Appeal, and proprietor of the land or charge to which it relates, and also on it assumes that there is some importance for judicial purposes in overy registered transmission or rectification of the register. A the circumstance of the House of Lords as a judicial body being new land certificate or certificate of charge is not to be granted also a member of the Legislative body. This connection by the registrar in the place of a certificate which has been lost between the Legislature and the judiciary is of course merely or destroyed, unless the applicant has filed with the registrar a historical accident. It may, perhaps, add to the dignity of the statutory declaration and such other evidence of the loss or final Court of Appeal that it is in theory identical with the destruction as the registrar thinks necessary, and until after the House of Lords, but for the purpose of the work it actually prescribed advertisements and the giving of proper indemnity. has to do the connection is meaningless. All the experiFurther provision is made by the new rules for the safety of once of recent years, however, shows that a second court of persons with whom a certificate is deposited. Any person with appeal is of the utmost value for correcting the mistakes into whom a land certificate or certificate of charge is deposited as which the ordinary Court of Appeal, with its more rapid method security for money may by writing give notice of the deposit to of working, is apt to fall. We by no means desire to underthe registrar, and the registrar will enter the deposit in the rate the work of the latter court, but the conditions under register (r. 38). So long as such notice is on the register no which cases are heard in the House of Lords, and the character new certificate will be issued without notice to the depositee of its members, give the decisions of that body a peculiar (r. 39). The forms in the schedule to the rules are to be weight and importance. It would be a great mistake to forfeit adopted so far as practicable, but with such modifications as the this advantage for the sake of conferring life peerages on all parties may desire and the registrar approve.

the members of the existing Court of Appeal, and ranking them with the judicial members of the House of Lords.

ON THE first day of a New Year it usually happens that important Acts of Parliament come into force. This year, how BY VIRTUE of the Stannaries Court (Abolition) Act, 1896 (59 over, there appear to be only two, the Land Transfer Act, 1897, & 60 Vict. c. 45), s. 1, the court of the Vice-Warden of the and the Infant Life Protection Act, 1897. It is of great conse- Stannaries ceased to exist, save for the purpose of continuing quence to the community that the provisions of the latter Act and concluding pending proceedings therein, as from the should become widely known as soon as possible, for it creates 1st of January, *1897, from which date all jurisdiction and several new offences, and perfectly well-meaning and upright powers of the said court were transferred to and vested in the persons may easily find themselves liable to penalties under the county courts of Cornwall by order of the Lord Chancellor, new law entirely through ignorance of its existence. There is made under the Act, and dated the 16th of December, 1896. so much danger of this that the Act itself provides that boards No express provision with regard to appeals is, however, conof guardians shall give public notice of the provisions of the tained either in the Act itself or in the rules made thereunder, Act. The Act is aimed at the cruelty and neglect of little and, therefore, this question arises-namely, whether the pracchildren so often exposed in the case of what are called " baby- tice as to appeals prior to the Act still prevails in cases under farms." It provides that notice must be given to the local the Stannaries jurisdiction, or whether it has ceased to be operaauthority by any person who receives for money more than one tive. Upon the whole, we think that, though the Stannaries infant under five years of age in order to nurse or maintain the Court (Abolition) Act, 1896, does not expressly repeal sub

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san, 1, 1898.
THE SOLICITORS' JOURNAL.

(Vol, 42.] 143 section (3) of section 18 of the Judicature Act, 1873 (36 & 37 | (ante, p. 11) turned rather upon the complicated facts of the case Vict. c. 66), whereby the appellate jurisdiction in Stannaries than upon any nice question of law, though incidentally the opinion cases was vested in the Court of Appeal, it must be taken to was expressed that for a deed to operate as an escrow it is not have done so by implication, and that, consequently, the appeal necessary for it to be delivered to a stranger-that is, to a person in such cases is, as in other county court cases, to the Queen's who does not take under it. Where, for instance, there are Bench Division in the first instance. In support of this view it several grantees, and one of them is solicitor for the grantor, should be mentioned that the Stannaries Court (Abolition) Act, evidence would be admissible to show that the solicitor received 1896, expressly repeals section 32 of the Stannaries Act, 1869, it as an escrow. In fact, however, this question had not to be which requires a deposit of £20 to be made on all appeals from decided, since the deed in dispute was held to have been the Vice-Warden, and, moreover, provides that the Stannarios delivered as a perfect deed. The plaintiff company bad given jurisdiction, now vested in the county courts as aforesaid, shall "be mortgages on property at 5 per cent. interest which they were exercised subject to and in accordance with rules of court for desirous of replacing by other mortgages at a lower rate of regulating the procedure in county courts” (section 1); while interest. Certain trustees, known in the case as the Arthur the rules of the 15th of February, 1897, framed under the Act, trustees, of whom the defendant, Lord SUFFIELD, was one, had prescribe that “subject to the foregoing rules the proceedings £9,000 which they desired to invest. With reference to these in an action commenced under the Stannaries jurisdiction shall two parties, Mr. L. M. WYNNE, the defaulting solicitor, filled a be regulated by the statutory provisions and rules for the time number of positions. He was one of the Arthur trustees, and being in force regulating the proceedings in actions in the his firm were solicitors to the trustees and had the £9,000 in county courts” (rule 24); and that “where no other provision is their hands. He was managing director of the company, and made by the statutory provisions or rules for the time being in his firm were bankers of the company, and also the company's force, the practice and procedure in force in the High Court of solicitor. It was arranged that the £9,000 which the Justice shall apply to proceedings commenced in a county court trustees had to invest should be advanced to the company under the Stannaries jurisdiction" (rule 25).

upon a mortgage to take the place of one of the existing mortgages which was to be paid off, and under the lot of

June, 1893, there was an entry in the books of WYNNE'S It is not only in connection with registration of title and firm showing a transfer of £9,000 from their account with the conveyancing generally that questions arise as to the best means trustees to the credit of the company. Apparently this money of defining boundaries. Alterations of areas of local govern- was not applied in paying off any existing mortgage, nor did ment have become increasingly frequent of late years. In the company actually have the benefit of it. But later in the places with a growing population new urban districts are month a mortgage in favour of the Arthur trustees was prepared constantly being formed and the areas of existing urban districts and submitted to the directors of the company, and was by them are being extended; and every such operation involves an ordered to be sealed. This was done and the deed left with alteration and definition of the boundaries both of urban and WYNNE. The company have now sought to set aside the deed on rural districts and of parishes. It is manifestly important that the grounds that it was delivered only as an escrow, and that the new boundaries should be so accurately defined that ques- the company never received any consideration for it. On the tions of conflicting jurisdiction between local authorities should first point, as already intimated, the Court of Appeal were be rendered impossible. These changes are for the most part against the plaintiffs. On the second it was held that since effected by means of orders of county councils, made under WYNNE’s firm held the money of the trustees and were bankers section 57 of the Local Government Act, 1888, and confirmed, for the company, a mere transfer in their books from one party with or without modification, by the Local Government Board to the other was a good payment, and on this point too they Until recently it was the practice to set out, in a schedule to the were against the company. Hence the judgment of KEKEWICH, order, a minute verbal description of the boundaries of the J., refusing to set the deed aside was affirmed. Under the districts and parishes formed by the order, and to supplement circumstances it would have been difficult, perhaps, to arrive at this description by a reference to boundary lines shewn upon any other result. an annexed map. The danger of inconsistency between the verbal description and the map is obvious, and probably the Local Government Board have exercised a wise discretion in deciding during the past year that new boundaries shall COVENANTS FOR QUIET ENJOYMENT. be defined by a map only. This must now be taken to be the The obligation of a lessor to secure to his lessee the undisturbed settled practice; the Board have for some time past eliminated enjoyment of the demised premises is, as a general principle, all verbal descriptions of boundaries from orders coming before well established, but the exact extent of the obligation is still them for confirmation; the map is to be conclusive ; overything a matter of frequent litigation. The obligation may be either within the outer edge of the boundary line shewn on the map, implied or express. and nothing without it, is to be the new district or parish as

An implied agreement for quiet enjoyment arises even upon a the case may be. It is to be hoped that the maps are always parol demise (Bandy v. Cartwright, 8 Ex. 913; Hall v. City of prepared with the utmost care. The Board of Agriculture have London Brewery Co., 2 B. & 8. 737), and a fortiori a demise also been concerned in the method of defining these local under seal implies a covenant for quiet enjoyment in whatever government boundaries; copies of these orders of county words the demise is made, although the word “demise is councils are always sent to this Board, as well as to the Local necessary to imply also a covenant for title (Baynes v. Lloyd, Government Board ; and here, again, there has been some un- 1895, 1 Q. B. 820). But this implied covenant is effectual only certainty as to the requirements of the department. Until

so long as the estate of the lessor lasts, and if he is a tenant for recently the authority in St. James's-square have required the life (Adams v. Gibney, 6 Bing. 656), or a lessee who has sub-let insertion in the reference to the map of a statement that where for a period in excess of the unexpired residue of his own term the boundary is shown as being the boundary between two on-|(Baynes v. Lloyd, 1895, 2 Q. B. 610), the lessee has no remedy closures, the actual line appearing upon the map is to be under- upon eviction by the remainderman or the head lessor (Schwarz stood as being the boundary intended, and not the property v. Locket, 61 L. T. 719). It was formerly the rule that the boundary. These words are no longer deemed necessary, and covenant was implied only from an actual demise, and not from will no longer be inserted upon confirmation of an order. In an agreement to demise (Brashier v. Jackson, 6 M. & W. 549), fact, now that the new boundaries are defined simply by means but this distinction is probably not tenable in cases where the of a distinct coloured line upon the map, any reference to a agreement is capable of specific performance, and is, therefore, property boundary which may or may not tally with the coloured placed on the footing of an actual demise under the doctrine of line would be superfluous and misleading.

Walsh v. Lonsdale (21 Ch. D. 9). The implied covenant extends to the acts of all persons, whether claiming under the lessor or

by title paramount, and is thus more extensive than the ordinary THE DECISION of the Court of Appeal given recently in The express covenant, which extends only to the acts of the lessor London Free hold and Leasehold Property Co. (Limited)v. Baron Suffield and persons claiming under him. Hence it is important to

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notice that the implied covenant .is restrained by an express is a covenant to secure title and possession, and it does not covenant (Nokes's case, 4 Rep. 80 b.; Merrill v. Frame, 4 Taunt. guarantee to the tenant that he may lawfully use the land for 329; Line v. Stephenson, 4 Bing. N. C. 678, 5 ib. 183), though any purpose not expressly excepted. Hence, where an undereven where there is an express covenant the lessor may still be tenant was restrained at the suit of the head-lessor from carryheld liable for acts not included in it on the principle that he ing on a business which was excluded by the head-lease, but may not derogate from his own grant (Grosvenor Hotel Co. v. not by the under-loase, it was held that there had been no such Hamilton, 1894, 2 Q. B. 836).

disturbance of the possession as to constitute a breach of But though the implied covenant is thus extensive as to the covenant (Dennett v. Atherton, L. R. 7, Q. B. 316). But the expersons whose acts are included, it is restricted, save as regards tent of the operation of the covenant has been enlarged by the the covenantor, to such acts as are lawful. “Under a covenant later authorities (see per LINDLEY, L.J., in Robinson v. Kilvert, in law,” it was said in Hayes v. Bickerstaf (Vaughan 118), 41 Ch. D., p. 96), and the present rule is that it is "in overy case "the lesson is to enjoy his lease against the lawful entry, a question of fact whether the quiet enjoyment of the land has eviction, or interruption of any man, but not against tortious or has not been interrupted; and where the ordinary and lawentries, evictions, or interruptions, and the reason of law is solid ful enjoyment of the demised land is substantially interfered and clear, because against tortious acts the lessee has proper with by the acts of the lessor, or those lawfully claiming under remedy against the wrongdoers.” In the case, however, of him”—that is, “claiming under him the right to do the acts the lessor himself, the implied covenant is wider in effect, and which caused the interruption” (see per Lord ESHER, M.R., in the term may be recovered under it in the event of the lessor's Harrison v. Muncaster, 1891, 2 Q. Ď., p. 685)—"the covenant is wrongful entry (Andrews' case, Cro. Eliz., 214).

broken, although neither the title to the land nor the possession In practice an express covenant for quiet enjoyment is always of the land may be otherwise affected(Sanderson v. Mayor inserted, and this is limited to lawful interruption by the lessor of Berwick, supra). The interference with the enjoyment of the or persons claiming under him. The covenant does not enlarge demised promises may be the result of acts done off the prewhat is previously granted, but gives an additional remedy if mises, as where by quarrying above a demised mine water was the losseo cannot get that which has been previously professed caused to percolato into the mine (Shaw v. Stanton, 2 to be granted (Leech v. Schweder, 9 Ch. p. 474; 800 Potts v.

H. & N. 858); but it has been held that there must Smith, 6 Eq; p. 317). But even without express restriction it bo an actual physical interference. For an interference seems that it would not extend to tortious acts unless an which arises otherwise than physically, as by noise and intention to this effect is clearly expressed, as if the lessor disorder in adjacent promises, the remedy is in respect of the expressly covenants that the lessee shall enjoy his term without nuisance (Jenkins v. Jackson, 40 Ch. D. 71). It seems that an the entry or interruption of any person, whether such entry overheating of the demised premises in consequence of the heat or interruption be lawful or tortious (Hayes v. Bickerstaff, supra). required for a manufacture carried on upon adjoining premises

1.Where, a man covenants to indemnify against all persons, would be a breach of the covenant if it rendered the demised this is,said Lord ELLENBOROUGH, Č.J., in Nash v premises unfit for the purposes for which the lessor understood Palmer (5 M. & 8. p. 379), “but a covenant to indemnify they were to be used (Robinson v. Kilvert, 41 Ch. D. 88). But against lawful title. And the reason is because, as it regards the covenant will not protect the lessee against damage which such acts as may arise from rightful claim, a man may wall could not, if reasonable care had been exercised, have been be supposed to covenant against all the world, but it would be foreseen to be the consequence of the acts complained of, and on an extravagant extension of such a covenant if it were good this ground the inrush of water into a demised mine, caused by against all the acts which the folly or malice of strangers might the proper working of an adjoining mine, the existence of the suggest; and, therefore, the law has properly restrained it water not being suspected, was, in Harrison v. Muncaster (1891, within its reasonable import, that is, to rightful title " : 802 2 Q. B. 680), held to constitute no breach of covenant. MoreDudley v. Folliott (3 T. R 581 ; 2 Wms. Saund. 1772, n. (3)). over the act complained of must be an act (whether of commission But it is otherwise if the lessor covenants against the acts of a

or omission) done after the granting of the lease (Anderson v. named person, for the covenant then extends to all interruptions Oppenheimer, 5 Q. B. D. 602). And it must be the act of the by such person, whether lawful or not: Foster v. Mapes (Oro. lessor or of some one of the persons for whom he covenants. It Eliz. 212); Nash v. Palmer (supra); Fowle v. Welch (1 B. & C. is not sufficient that the act of the ovictor is the immediate 29). And it seems that the covenant extends to an unlawful rəsult of the act or omission of the lessor or some one of such entry by the lessor, for as against the party himself the court persons. Hence it is no breach of the usual covenant for quiet will not consider the word “lawful,” or drive the lesse8 to his enjoyment if the head-lessor recovers for non-payment of rent action of trespass : Crosse v. Young (2 Show. 425), Corus v. by the sub-lessor (Kelly v. Rogers, 1892, 1 Q. B. 910; Stanley Anon (Cro. Eliz. 544); but the disturbance must be under a v. Hayes, 3 Q B. 105), or for non-observance by the sub-lessee claim of right by the lessor : Lloyd v. Tomkies (1 T. R. 671). of a covenant in the head-lease of which the sub-lessor has Neither is it any loss a breach of a covenant for quiet enjoyment omitted to inform him (Spencer v Marriott, 1 B. & C. 457; that the lessor bas the right to do the act complained of : Dennett v. Atherton, L. R. 7 Q. B. 316). Andrews v. Paradise (8 Mod. 318).

It appears to be doubtful whether a lessee who cannot enter The distinction between a lawful and a tortious disturbance is because the possession is held by someone who refuses to quit well illustrated in the case of Sanderson v. Mayor of Berwick can maintain an action for breach of the covenant for quiet (13 Q. B. D. 547). The defendants were owners of various enjoyment. In Holder v. Taylor (Hob. 12) it was suggested farms which were subject to a common system of drainage. that the action would not lie without actual entry and expulsion ; They let one of these farms to A. with a covenant for quiet on the other hand, in Cloake v. Hooper (Freem. 122) an action on enjoyment against the acts of the lessors or any persons lawfully the covenant was upheld, it being said that the lessee should claiming through them. They had previously let another farm, not be forced to enter, and so subject himself to an action by a adjoining A.'s and above it, to B. with a right to use the tortious act; and in Ludwell v. Newman (6 T. R. 458) it was drains through A.'s land, so far as they were adequate to carry said that the lessor's covenant for quiet enjoyment meant a legal the water from B.'s farm. B., by an excessive user of the entry and enjoyment without the permission of any other person, drainage, caused the water passing from his farm to overflow and it was broken by the subsistence of a priorlease. In Wallis A.'s farm and damage the crops. "It was held that, as B. had v. Hands (41 W. R. 471 ; 1893, 2 Ch. p. 85), however, where no under his lease no lawful claim to use the drains to this extent, reference was made to these cases, it was said that a person there had been no disturbance by a person lawfully claiming having only an interesse termini must rely upon his action against under the lessors, and consequently they were not liable. But the grantor of the term for not putting him into possession (800 damage had also been done to A.'s farm in consequence of the Coe v. Clay, 5 Bing: 440). And at any rate the lesser cannot proper use by B. of a drain which had been improperly con- sue until he is entitled to possession (Ireland v. Bircham, 2 Bing. structed, and as to this it was held that there was a disturbance N. O. 90). by a person lawfully claiming under the lessors for which they were liable. According to the older cases a covenant for quiet enjoyment{ bar, has left London for an extended tour in Egypt.

Mr. Grabam Hastings, Q.C., who has sust retired from practice at the

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