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and in a few days the deed will be returned to the applicant, and the CORRESPONDENCE.
draft entries will be settled with him.”—The few “days" may easily
become a few weeks if the deed is at all complicated, or if there is THE LAND TRANSFER ACT, 1897.
any pressure of work in the office, or if the Ordnance maps have to be [To the Editor of the Solicitors' Journal.]
corrected. In any of these events it will not be possible to foretell Sir, The London County Council having invited the view of the when a matter will be completed. City Corporation and the London Vestries on the proposal to select without the delay and expense incidental to investigation of title or
“ A landowner registered with absolute title can sell or mortgage the County of London for experimentally enforcing compulsory dealings with unregistered land.”—The experience of registration has registration of title on the sale of land, the Land Registry Office has hitherto been the exact opposite of what is alleged. The many sent to these bodies a paper headed “Statement of the Methods and landowners who are known to have taken their titles off the register Results of Registration of Title to Land." The following quotations from the official statement and observations thereon will indicate how after incurring the trouble and expense of putting them on would not
have done so without good reason. misleading the statement is in many respects, and how dangerous the
“A landowner registered with possessory title can transfer and experiment is that the county council is asked to sanction. **A register of title is a book kept like the registers of stocks, shares simplicity in point of form and for the same fees as if the title were
charge his land by the same instruments and with the same in companies and ships, whereby the owners of property in land are enabled to transfer or charge it by a simple entry without any delay absolute.”—This statement is inexplicable. It seems to imply that and at a very small expense." —No reference is made to the fact that of possessory certificates, the titles will have to be investigated and
an absolute and possessory title are identical. In practice, in the case the expense of getting on the register will be an addition to the deeds will have to be prepared as they are at present. charges at present payable for completing a transfer or charge.
“If an absolute title is desired the applicant will have to prove the The reference to a register of stocks, &c., is not in point, as three title to the Registrar in a similar manner to that used on sales and different certificates of title are issuable in the case of land-(a) mortgages under the ordinary practice of conveyancing; The absolute, (6) qualified, (c) possessory. The expense and delay of
Registrar has power under the Act of 1875 to accept a good holdobtaining an absolute title will be practically prohibitory; A qualified title appears to have been already criticized out of existence, ing title,' though open to technical objection.”—At the present time as no reference whatever is made to it in the statement. A purchases are almost invariably completed under contracts which possessory title affords no guarantee, and consequently the certificate limit the length of title and restrict investigation. There is every will, for inany years at least, simply be an additional expense to the reason to believe the Registrar will not accept such limits or restric
tions. There are no statistics available to prove that be bas ever present costs of selling or mortgaging property.
availed himself of the power given by the Act of 1876 to accept a “ Fraud and error are rendered extremely difficult.”—This cannot
titl open to technical objection. The absence of figures that could easily be reconciled with the statement that transfers can be made
The fees that will be payable on
have been given is significant. by a simple entry “ without any delay and at a very small
registration of an absolute title are not given. expense.” i. The system
“Under the old system absolute simplicity and security are never has been in successful operation for over obtainable, for as fast as old difficulties are cleared new ones arise thirty years in the Australian Colonies.”—The system in the to fill their places.”—This statement is open to serious comment. Colonies is essentially different. The Torrens Act is a permissive Conveyancing has, in fact, been immensely simplified by the ConAct, and only absolute titles can be registered under it. “It has also been tried
in this country. Many land- veyancing Act, 1881, and titles can now be investigated and the large owners have testified to the benefits they have obtained.”The the proposed system cannot compete.
majority of matters can be completed with an expedition with which testimonials referred to have not been published. Many land
“No person is allowed to inspect the register without the written owners have testified publicly to the contrary. "There are between 4,000 and 5,000 estates now on the register present time the Middlesex Registry can be searched without any
authority of the registered proprietor or of his solicitor.”—At the of an aggregate value of over £14,000,000, and an extent of over restriction, and this right is of great value to creditors and others. 100,000 acres.”--As each estate has a number, there is a suggestive The right of search should not, it is submitted, be taken away in the vagueness in giving the numbers as “ between 4,000 and 5,000.” Assuming the numbers to be 4,500, the yearly average since 1862,
case of registered lands. when the office was first established, work out as follows: 130 of land certificate with even greater ease and security than they can
“Bankers and others will be enabled to make advances on deposit estates, £371,430 value, and 2,850 acres. These figures only represent a small fraction of the yearly average of the transactions that deposits his deeds with a bank, and there and then he obtains an
now on deposit of title deeds.”—At the present time a customer have been carried out outside of the office.
advance practically without expense. A mere assertion is not “ In order to obtain
registration or his solicitor will have to take or post the purchase deed after it is new system may, on the contrary, greatly hamper such trans
the applicant sufficient to prove that the present practice will be simplified. The executed to the Land Registry
with a copy and a tracing actions. of the plan (if any) thereon. If no plan is on the deed a plan on the Ordnance map will be required instead. If the Ordnance map is not natural claim of the metropolis to precedence in enjoying the benefit
“ In addition to the recent revision of the Ordnance map and the up to date a land registry surveyor will correct it without charge.”These provisions will give some indication of the additional expense first compulsory district is that there is already a registry of deeds for
of the Act, one great practical reason for selecting London for the and delay that registration will involve, as it will be noticed that the greater part of its area." —While it is a matter of the greatest resort is only made to the office after the deed is executed. The difficulty to discover what the benefit of the Act” will be, the large majority of London houses are at present transferred without metropolis may not be unwilling to waive its natural claim a plan. The Ordnance map is not accepted in courts as evidence, so to precedence." it is difficult to say what will be its value on a deed that has to be not see the advantage of giving up its present system of registry of
It may be the more willing to do so because it may produced in court. The correcting of Ordnance maps by the land deeds for a system that has hitherto been an admitted failure. It is registry surveyors is not a light undertaking, and is calculated to and will remain open to any London landowner to voluntarily prevent the registration being effected “by a simple entry without register his title, and he may be excused if he prefers to retain this any delay.' -The fee payable, which will include every incidental expense, depreciate his property.
option to being compelled to adopt a system which may gravely
J. S. RUBINSTEIN. will be as follows: Value of land not exceeding £1,000, 1s. 6d. for every £25 or part of £25.”—If a solicitor is employed his charges
5, Raymond-buildings, Gray's-inn, Dec. 24. will obviously be in addition to the official fees. At the present time the ad valorem stamp duty on a purchase is 10s. per cent. Pura chasers of small properties consider this a sufficiently heavy charge.
[To the Editor of the Solicitors' Journal.] It is doubtful if they will approve of the additional 6s. per cent., Sir,--Mr. Lake's letter in your issue of 25th inst. is disappointing. making the ad valorem duty 168. per cent. It is assumed that the Nor does it, I am convinced, represent the views of the legal professame fees will apply to mortgages. In this case, as the ad valorem sion. The President of 1888-9 was much more in accord with these, stamp duty on a mortgage is 28. 6d. per cent., the ad valorem duties and one regrets the “ falling off.” will be increased to 8s. 6d. per cent.
Mr. Lake states that the London County Council is not likely to “ These fees have been carefully arranged
so as to pay wholly veto the application of the Act to the County of London, and all expenses and to leave a sufficient surplus for safety.”—As no he urges the limitation of the order to that part of the county served experience has yet been gained of the results of compulsory regis- by the Middlesex Deeds Registry. tration it is conceivable that the fees may not prove sufficient. In Is he aware that this is the very part of the county most strongly that case the taxpayer will have to make up the deficiency--& some- opposed to the Act, and in which many of the local authorities have what serious liability to arise out of private transactions between pronounced against the proposed experiment ? Will Mr. Lake individuals with which the taxpayer has no concern.
contend that it is right to force the Act upon this district in the face “The Land Registry will draw up draft entries for the register, of these pronouncements ?
It has been my duty to explain the provisions of the Act in more
Charges. than one quarter and I have been surprised at the unanimity of the condemnation elicited as soon as the question was understood.
12. A charge to secure an annuity may be in Form 13 in the
Schedule hereto. The London County Council may have its faults. It must be recognized, however, that most of its members are practical business section 9 (5) of the Act of 1897 may be in Form 14 in the Sehedule
13. An application to alter the terms of a registered charge under men who would scarcely ask the local authorities for an opinion hereto, and shall be signed by the registered proprietor of the merely to disregard it. Have we not had sufficient preaching of the gospel of expediency.? charge of equal or inferior priority prejudicially affected by it, and
charge, and by the registered proprietor of the land, and of every Is not the question still what it was when Mr. Brickdale stated it in the signatures shall be verified. the following words : “No system really beneficial to landowners would require to be forced upon them, and, of course, to apply com
Transmissions of Land on Death. pulsion to any system not really beneficial would be a wild injustice ?"
14. On production of the probate or letters of administration London, Dec. 29th.
of a sole (or sole surviving) registered proprietor of land, dying after 1897, the personal representative named therein shall be registered as proprietor in the place of the deceased proprietor, with the addition of the words, “ Executor (or Administrator) of
deceased.” NEW ORDERS, &c.
15. On production of the probate, or letters of administration with LAND TRANSFER ACTS, 1875 AND 1897.
will annexed, and of an assent or appropriation in either of the Forms PROVISIONAL LAND TRANSFER RULES, 1897.
15 or 16 in the Schedule hereto, or of an instrument of transfer by
the personal representative in the usual prescribed Form, and of the Interpretation.
probate or letters of administration, the devisee or legatee named in 1. In these Rules “ the Act of 1875” and “the Act of 1897” mean
the assent or appropriation or the transferee named in the instruthe Land Transfer Acts of those years respectively, and “the Acts"
ment of transfer shall be registered as proprietor of the land in has a corresponding meaning.
place of the deceased proprietor. The signatures of the executor
or administrator to the assent, appropriation, or transfer shall be First Registration of Settled Land.
verified. 2. Application for registration of settled land may be made by
16. Where a settlement is croated by the will, or otherwise arises any person capable of being registered as proprietor, with the in consequence of the death, of a sole registered proprietor, the consent of the other persons (if any) whose consent or concurrence is personal representative shall, at the proper time, and with the connecessary to a sale by that person.
sent of the tenant for life (if of full age) leave in the Registry, 3. In the case of possessory title the proper restriction shall be together with the probate or letters of administration, a written left with the application, or the Registrar shall be furnished with application for the registration of a proprietor, with the proper the information necessary to enable him to draw the proper section 6 of the Act of 1897 and Rule 4 of these Rules.
restrictions and inhibitions, according to the principles stated in restriction. 4. In framing restrictions and inhibitions for the protection of
17. On receipt of such an application, the Registrar shall register settled land, it shall not be the duty of the trustees or of the the proprietor and the inhibitions and restrictions therein named Registrar to protect the interests of any person who would not have and applied for. been a necessary party to a sale or mortgage thereof if the land had 18. If it appears to the Registrar that any restriction or inhibition been unregistered; but it shall be the duty of the trustees, or, if contained in the application is unreasonable or contrary to tha prin. there are no trustees, of the Registrar, to give notice of the 1 siple on which the register is kept, or calculated to cause unnecessary restrictions and inhibitions to such of the beneficiaries (if any) as the inconvenience, he may require the production of the probate (if any) Registrar shall direct; and any such person can, if he wishes, lodge or an abstract of cupy thereof, and any further evidence that may be a caution or apply for an inhibition.
necessary for the purpose of determining, and he shall determine 5. The restrictions and inhibitions given in Forms 1 to 5 in the (subject to an appeal to the Court), what restrictions and inhibitions, Schedule hereto shall apply respectively to the various cases in the if any, ought to be registered, and the form thereof. Schedule set forth.
19. It shall not otherwise be the duty of the Registrar to inquire 6. The settlement, whether consisting of one or of several docu- into the terms of the will, but, if the parties desire it, the probate, ments, or a copy or abstract thereof, way be left in the Registry for or a copy or abstract thereof, may be deposited in the Registry for reference and safe custody. It shall 'not be referred to on the safe custody and future reference. register, but shall be filed in a separate place under the number of tenant for life, for the registration of a successor under the settle
20. Where the trustees of a settlement apply, on the death of a the title to which it relates.
ment, they and their solicitor shall make a statutory declaration to Transfers of Land into Settlement.
the effect that the deceased proprietor was tenant for life, and that 7. An instrument of transfer of land to the uses of a settlement they are the trustees of the settlement, and that the person for whose may be in one of the Forms 6 to 12 in the Schedule hereto, and shall registration they are applying is the successor under the settlement, contain the proper restrictions or inhibitions to be entered on the and that the restrictions and inhibitions (if any) applied for are the register, according to the principles stated in Rule 4 of these Rules. proper ones to be entered, or that no restrictions or inhibitions are The transfer shall be signed by the tenant for life (if any, and if of required. In any case in which the Registrar may deem it desirable full age), as well as by the transferor and transferee, and all signatures counsel to the like effect, a certificate to his satisfaction shall be sball be verified.
8. On receipt of an instrument of transfer in such form as afore- produced. said, the Registrar shall register the transferee named therein as the
21. Where such a declaration (and certificate, if required), are proproprietor of the land, and shall enter on the Register the inhibitions duced, the Registrar need not require production of the settlement or and restrictions contained in the transfer.
any further evidence, but where not produced Le shall inquire into 9. If it appears to the Registrar that any restriction or inhibition the terms of the settlement, and shall satisfy himself that the proper contained in the transfer thus applied for is unreasonable or contrary
entries are made on the register. to the principle on which the register is kept, or calculated to cause
22. If, on the death of a tenant for life, registered as proprietor of unnecessary inconvenience, he may require the production of the land, the trustees of the settlement neglect to apply for the settlement and an abstract or copy thereof, and any further evidence registration of the new proprietor in his place, or if there are no that may be necessary for the purpose of determining, and he shall such trustees, any person interested under the settlement may determine. (subject to an appeal to the Court), what restric- apply for the registration of a new proprietor. The Registrar tions and inhibitions, if any, ought to be registered, and the form shall thereupon inquire into the terms of the settlement, and shall thereof.
settle draft entries for the register on the principles stated in sec10. It shall not otherwise be the duty of the Registrar to inquire
tion 6 of the Act of 1897 and Rule 4 of these Rules in regard to into the terms of the settlement, but, if the parties desire it, the settled land, and shall give notice thereof to the trustees of the settlement, or a copy or abstract thereof, may be deposited in the settlement (if any) and to the new tenant for life, and to such other Registry for safe custody and future reference.
persons (if any) as he may think fit; and if no valid objection is 11. Where registered land has been brought into settlement, and made thereto shall enter the new proprietor or proprietors the existing registered proprietor is the tenant for life under the
accordingly. settlement, and he elects to remain the registered proprietor thereof,
Transmissions on Bankruptcy. it will only be necessary for him to apply for the registration of a 23. On production to the Registrar of an order of a court having restriction and inhibition in Form 1 in the Schedule hereto, or such jurisdiction in bankruptcy declaring a proprietor a bankrupt, together other restriction or inhibition as may be required, having regard to with a certificate signed by the official receiver that any registered to the terms of the settlement and the settled Land Acts.
land or charge is part of the property of the bankrupt, divisible
amongst his creditors, the official receiver may be registered as 40. The notice of deposit may be removed on the written request, proprietor in his place.
signed and verified, of the person who placed it on the register, or 24. On production of such an order as last mentioned and of an his successor in title; or, with his consent in writing, on the like order appointing a trustee, the trustee may be registered as request of the registered proprietor of the land; accompanied in each proprietor.
case by the land certificate. 25. If the official receiver has not been registered as proprietor,
Forms, the order appointing the trustee, with a certificate signed by the trustee that the land or charge is part of the property of the bank
41. The forms in the Schedule hereto shall be adopted so far as rupt, divisible amongst bis creditors, shall be produced to the practicable, but with such modifications as the parties may desire, Registrar.
and the Registrar approve. 26. In the liquidation of a company, any resolution or order appointing a liquidator may be filed and referred to on the register,
Commencement, Mode of Citation, &c. and, when so registered, shall be deemed to be in force until it is 42. These Rules shall come into operation forthwith, and shall be cancelled or superseded on the Register.
construed as one with the Land Registry Rules of 1875 and 1889,
and may be cited as the Provisional Land Transfer Rules, 1897, and Instruments under Section 9 (6) of the Act of 1897. in case of any discrepancy between these Rules and the said Rules of 27. An instrument executed under the 6th sub-section of the 9th
1877 and 1889, these Rules shall prevail. section of the Act of 1897 by a person entitled to be registered as proprietor of land, or of a charge, before he has been registered as
THE SCHEDULE. such, shall be in the same form as is prescribed for registered dispo
Form 1. sitions by the registered proprietor.
28. Such an instrument shall not be registered until the person Restriction and Inhibition where Tenant for Life is registered as Proexecuting it has been registered as proprietor, or his right to be so prietor, and there are Trustees of the Settlement, and powers of charging registered has been shown to the satisfaction of the Registrar.
for special purposes. 29. Where such an instrument deals with a portion of the land Restriction.--Until further order no transfer of the land is to be comprised in a title or with a charge not yet entered on the register, made except on sale or exchange, and the purchase moneys on sale the form may be varied so far as may be necessary to identify the are to be paid to A.B. of &o., and C.D. of &c. [the trustees of the land or charge dealt with.
settlement], or into court; no sale of the house and land shewn and Notices as to Death Duties.
edged red on the plan attached hereto is to be made without the
consent of the said A.B. and C.D., or of the Court, and no charge is 30. Where, upon an examination of title made on the first registra- to be created without the consent of the said A.B. and C.D. (or, tion of land, the Registrar finds that there is, or may arise, any where the tenant for life has power to raise a definite sum for his own liability to death duties of the kind mentioned in section 13 of the use, if and when the land has been charged to the extent of £ Act of 1897, he sball enter notice thereof in the register according to no further charge shall be created without the consent of the said Form 17 in the Schedule hereto.
A.B. and C.D.) 31. Where, on the death of a registered proprietor of land his Inhibition. On the death of E.F. of &c. (the registered proprietor] personal representatives are registered as such under Rule 14 of these no entry is to be made until further order. Rules, notice of liability to duty shall not be entered. 32. If the personal representatives of a deceased proprietor of land
Form 2. assent to a devise or appropriation, or transfer land to any person Restriction where the Tenant for Life is registered as Proprie'or, and otherwise than by sale, notice of the liability to duty shall be entered
hus incumbered his beneficial interest, without reserving the right to unless there is produced either :
exercise his statutory powers. (a.) Proof to the satisfaction of the Registrar that all duty payable in respect of land by reason of the death of the proprietor without the consent of A. B. of &c. [the mortgagee of the life inte; est].
Until further order no_transfer or charge shall be registered has been paid or satisfied, or (6.) A certificate from the Commissioners of Inland Revenue in Form 18 in the Schedule hereto, or to that effect, or
Form 3. (c.) Proof to the satisfaction of the Registrar that the applicant Restriction where the Trustees of the Setllement are registerel as is entitled to the land in such a capacity that any liability to
Proprietors. duty would not affect a purchaser from him if the land were Until further order no transfer or charge is to be made without the unregistered.
consent of A B. of &c. (tenant for life]. 33. Where a notice of liability to duty has been entered on the register, it may be cancelled on production of any such evidence as
Form 4. is mentioned in the preceding rule.
Inhibition where there are no Trustees of the Settlement, and the Tenant Entry of No Survivorship of Joint Proprietors.
for Life is registered as Proprietor. 34. Where two or more persons apply to be entered as joint pro No transfer is to be made, and no charge is to be created, till prietors of land or of a charge, notice shall be given them that, by further order. virtue of section 83 of the Act of 1875, as amended by the First
Form 5. Schedule of the Act of 1897, it is intended to make an entry in the Inhibition where land is settled to such uses as Two Persons, entered as register in Form 19 in the Schedule hereto.
Proprietors, shall jointly appoint, and subject thereto in Settlement. 35. If satisfactory evidence is produced to the Registrar that the proprietors are entitled to the land or charge for their own benefit,
After the death of either of the joint proprietors no transfer shall or that under the trust upon which they hold the land or charge å be made or charge created till further order. sole surviving trustee has power to dispose of the trust property,
Form 6. the entry shall not be made. If such evidence accompanies the application, the notice mentioned in the preceding Rule need not be Instrument of Transfer to give effect to a settlement, under which the given.
existing Registered Proprietor is the Tenant for Life, but the Trustees 36. An entry in the said Form 19. may at any time be made at the
of the Settlement are to be registered as Proprietors. request, or with the consent of, the joint proprietors.
LAND REGISTRY. 37. When euch an entry has been made, and the joint proprietors
Land Transfer Acts, 1875 and 1897. have been reduced to the number specified in it, the Registrar shall,
No. of title before registering any disposition by the registered proprietor, require the production of the equitable title to the property, and may (Date.) In pursuance of the provisions of the settlement dated &c., give such notices to the persons equitably entitled, or any of them, and made between &c. (or created by the will of &c.), under which I, as he may deem expedient.
A.B. of &c., am (or have the powers of) tenant for life under the
Settled Land Acts, 1882 to 1890, and C.D. of &c. and E.F. of &c., are Notice of Deposit of Land Certificate.
the trustees for the purposes of the same Acts, I, the said A.B., 38. Any person with whom a land certificate, office copy of a regis- hereby transfer to the said C.D. and E.F. all the land comprised in tered Jease, or certificate of charge is deposited as security for money the title above referred to, and apply for the registration of the may, by writing, give notice to the Registrar of the fact, and on re- following restriction (fill in Form 3). ceipt of such notice the Registrar shall enter the same in the register. 39. So long as a notice of such a deposit is on the register, no new
Form 7. certificate shall be issued under section 8 (3) of the Act of 1897 Instrument of Transfer to give effect to a Settlement under which the withogt notice to the person with whom the deposit was made, existing Registered Proprietor is the Tenant for Life, but the donees of
an overriding power of appointment vested in him and another are to proprietor of a charge of equal or inferior priority prejudicially affected] be registered as proprietors.
hereby apply to the Registrar to alter the terms of the charge dated (Head and begin as in Form 6 down to “under which”) the land
18 comprised in the title above referred to is limited to such uses as against title No.
as follows: I, A. B. of &c., and C. D. of &c., shall jointly appoint, and subject
(Fill in proposed alteration.) thereto to various uses by virtue of which I am (or have the powers
NOTE.—The application will be signed by A. B., C. D., and E. F. of) tenant for life under the Settled Land Acts, 1882 to 1890, I
Form 15. hereby transfer to myself and the said C. D. all the said land, and apply for the entry on the Register of the following inhibition (fill
Assent to a devise of land under Section 3 of the Act of 1897. in Form 5).
(Heading as in Form 6.) Form 8.
(Date) I, A. B. of &c., as Executor of the late C. D. of &c., hereby Instrument of Transfer by the representative of a deceased settlor, assent to the devise contained in the Will of the said C. D. to E. F. transferring the land to the Tenant for Life or to the Trustees.
of the land comprised in the title above referred to.
(To be signed by A. B. and verified.) (Head and begin as in Form 6 down to " under which”) A. B. of &c.
NOTE.—If the assert is to be subject to a charge for payment of is (or has the powers of) tenant for life under the Settled Land Acts, 1882 to 1890, and C. D. of &c., and E. F. of &c., are the trustees for money which the Executor is liable to pay, the form may be varied
accordingly. the purposes of the same Acts, I, G. H. of &c., with the consent of
See also Note (a) to Form 13. the said A. B. as tenant for life, hereby transfer to him (or to the said C. D. and E. F.) the land comprised in the title above referred
Form 16. to, and apply for the registration of the following restriction and Appropriation of Land in satisfaction of a Legacy or share in Residuary inhibition (fill in Form 1 or 3, as the case may be).
Estate under Section 4 of the Act of 1897.
Heading and commencement as in last Form down to “ hereby,"
and then :The like, where there is an overriding power of appointment.
With the consent of E. F. of &c., who is entitled to a legacy (or (Head and begin as in Form 6 down to " under which”) the land share in residuary estate) under the will of the said C. D., approcomprised in the title above referred to is limited to such uses as priate to the said E. F. the land comprised in the title above referred A. B. of &c., and C. D. of &c., shall jointly appoint, and subject to, and certify that all proper notices under the 4th section of the thereto to various uses, by virtue of which the said A. B. is (or has Land Transfer Act, 1897, have been given and the requirements of the powers of) tenant for life under the Settled Land Acts, 1882 to the rules of Court in respect of the matter duly complied with. 1890, I, E. F. of &c., with the consent of the said A. B. as tenant for
(To be signed by A. B. and E. F. and verified.) life, hereby transfer to him and the said C. D. all the said land, and
See also Note (a) to Form 13.
Notice of Liability to Death Duty. Instrument of Transfer where registered land is purchased with capital The land is liable to such death duties as may be payable or arise moneys liable to be laid out in the purchase of land to be settled to the by reason of the death of A. B. of &c., who died on the of uses of a Settlement, the Tenant for Life being registered as Proprietor.
18 or by reason of a settlement created by deed dated, (Heading as in Form 6.)
&c., or by reason of the determination of a lease dated, &c., or as the (Date) In consideration of £ paid out of capital moneys
case may be.
Form 18. arising under a settlement (&c. as in Form 6 down to "under which ”). A. B. of &c. is (or has the powers of) tenant for life under the Settled
Certificate of Non-Liability to Death Duty. Land Acts, 1882 to 1890, and C. D. of &c. and E. F. of &c. are the This is to certify that the land (or, if so, shewn and edged with red trustees for the purposes of the same Acts, I, G. H. of &c. [the on the accompanying plan marked being part of the land) vendor), with the consent of the said A. B., hereby transfer to him all comprised in the title No. may be registered without notice of the land comprised in the title above referred to, and we, the said any liability to death duty by reason of the death of A. B. of &c., C. D. and E. F. hereby apply for the registration of the following and that any such notice already registered may be cancelled. restriction and inhibition (fili in Form 1).
Entry of no Survivorship of Joint Proprietors.
When the number of joint proprietors has been reduced to (one,
two, &c.,) no registered disposition of the land (or charge) shall be (Date) In consideration (&c. as in last form down to and including made except under an order of the Court or an order of the Registrar, consent of A. B.) hereby transfer to the said C. D. and E. F. all the after an enquiry into title, subject to an appeal to the Court. land (&c. as in last form, substituting restriction as in Form 3).
TRANSFER OF ACTIONS.
ORDER OF COURT.
Monday, the 20th day of December, 1897. (Heading as in Form 6.)
I, Hardinge Stanley, Baron Halsbury, Lord High Chancellor of Great (Date) In consideration (&c., as in Form 10 down to “ under which” Britain, do hereby Order that the Action mentioned in the Schedule and continue as in Form 9).
hereto shall be transferred to the Honourable Mr. Justice Wright.
Mr. Justice North (1897—H.-No. 4,010).
HALSBURY, C. (Date) I, A. B. of &c., hereby charge the land (a) comprised in the title above referred to with the payment to C. D. of &c., of an annuity of £ for years (or during his life, &c.) payable (half
It is stated that Mr. Henry George Smallman, solicitor, of Queenyearly, quarterly, &c.), on the of
&c., in every year. NOTE.-If there is any consideration, it can be stated at the com- Sewers, will come forward as a candidate for the position of Alderman of
street, Cheapside, who is this year chairman of the City Commission of mencement, as : L" To secure £ part of the purchase money of Cheap Ward, rendered vacant by the death of Mr. Alderman Halse. The the land comprised in the title above referred to " or " In considera- names of Mr. ex-Sheriff Hand and Mr. ex-Sheriff Cooper, who both pretion of an instrument of transfer of even date herewith of the land ented themselves at the last vacan cy in 1895, are also mentioned. comprised in the title above referred to,” &c., &c.
A Bill has been lodged for next Session, the preamble of which sets out (a) If only part of the land comprised in the title is charged, that great difficulty is experienced by electric lighting companies in proada 'here “shown and edged with red in the accompanying viding sufficient electrical energy to enable them to meet the demands of plan, signed by me, being part of the land."
consumers at certain times of the day, whilst the production by each
separate company of sufficient energy to meet the maximum demands Form 14.
involves the expenditure of large sums of practically unproductive capital Application to alter the terms of a Charge under Section 9 (5) of the
and results in the consequent enhancement of the price that has to paid Act of 1897,
for the electric light. To surmount these difficulties the Bill proposes to (Heading as in Form 6.)
confer on one company power to erect geuerating stations on one central
spot in Marylebone on the banks of the Regent's Canal, and from this (Date) We, A. B. of &c. [registered proprietor of the land], C. D. of point to supply electrical energy in bulk to any company, body, or &c. [registered proprietor of the charge), and E. F. of &c. [registered) person,” at such price and on such terms as may be agreed.
CASES OF LAST SITTINGS,
Erle, in a passage quoted by the late Master of the Rolls (Lord Esher), points out that
every person has a right under the law, as between him. House of Lords.
self and his fellow-subjects, to full freedom in disposing of his own
labour or his own capital according to his own will. It follows that every ALLEN v. FLOOD. 14th Dec.
other person is subject to the correlative duty arising therefrom, and is
prohibited from any obstruction to the fullest exercise of this right which MASTER AND SERVANT-TRADE UNION-PROCURING DISMISSAL OF SERVANT
can be made compatible with tbe exercise of similar rights by others. MALICB-INDUCING THIRD PERSON NOT TO CONTRACT WITH PLAINTIFF.
Every act causing an obstruction to another in the exercise of the right This was an appeal from an order of the Court of Appeal (Lord Esher, comprised within this description, done, not in the exercise of the actor's MR., Lopes and Rigby, L.JJ.), reported under the name of Flood v.
own right, but for the purpose of obstruction, would, if damage should Jackson (43 W. R. 453; 1895, 2 Q. B. 21), affirming the decision of be caused thereby to the party obstructed, be a violation of this prohibiKennedy, J. The action was brought by two members of the Ship- tion.” The Lord Justice was too keen a reasoner not to observe that the wrights Union against three members of the United Society of Boiler- words " without just cause or excuse, which he had used, required makers and Iron Ship Builders. The plaintiffs (the present respondents) exposition to render his reasoning complete, and accordingly he explains alleged that the defendants maliciously and wrongfully, and with intent in another part of his judgment what his view was of malice. His lordship to injure the plaintiffs, procured and induced the Glengall Iron Co. to thus describes the state of mind which in his view would negative just dismiss the plaintiffs from their employment, and not to engage or employ cause or excuse : Mogul Steamship Co. v. M'Gregor, Gow, f Co. (37 W. R. them in future. The respondents Flood and Taylor were workmen 760, 23 Q. B. D. 613).
"Now, intentionally to do that which is engaged by the day to do wood-work at the Glengall Iron Co.'s works, calculated in the ordinary course of events to damage, and which and were recognized as being men who had some time previously been does, in fact, damage another in that other person's' property or doing ironwork in another yard. The boilermakers in the yard reported trade, is actionable if done without just this, and finally Allen, the local delegate of their union and present [His lordship then considered several of the cases, particularly the Mogul appellant, went to the managing director of the Glengall Iron Co. and case (40 W. R. 337; 1892, A.C. 25) and Keeble v. Hickeringill (11°East 574n), stated, in effect, that, unless the respondents were discharged, all the and after referring to several American cases, said :) I'now revert to that members of the Boilermakers' Union then being employed by the company part of the case which, 1 admit, has to be carefully considered-whether would be called out and cease to work. The respondents were therefore in what the defendant did in order to procure the dismissal of the plaindischarged. At the trial of the action before Kennedy, J., and a jury, tiffs he came within any of the rules which have been laid down in the the latter, in answer to certain questions, found that Allen maliciously cases quoted. Now, to my mind, he was guilty of intimidation induced the company to discharge the respondents, and also not to re and coercion from that intimidation—though in using that phrase, engage them, and they gave £20 damages to each respondent. Upon of intimidation," I am not using it in the technical sense which further consideration the learned judge gave judgment for the respon- the statutes upon the subject have been construed to mean. I dents for £40 against Allen, and his judgment was sustained by the Court will explain in what sense I do understand the words, but in passing I of Appeal. Thereupon Allen appealed to this House. The case was set must deprecate the language which has been used to minimize the effect down for re-argument and reheard in March last, when the judges were in of what Allen said. I observe it is described as “inconvenience." That attendance. The judges, having given their advice to the House some is not how it is described by the witness. Edmonds, the foreman of the time back in answer to the question put to them, their lordships now gave business of the firm. He said : " They were rather busy just then with
Glengall Co., thus described what would have been the effect upon the judgment, reversing the decision of the Court of Appeal.
Lord Halsbury, c., in the course of a long judgment, after stating boilermakers; that they employed three times as many boilermakers as the facts, said: The first objection made to the plaintiffs' right to shipwrights ; and if the boilermakers had knocked off work or struck, it recover for the loss which they thus undoubtedly suffered is that no right would have stopped the business of the company altogether-entirely of the plaintiffs was infringed, and that the right contended for on their at that time, and that it was a very serious matter to the firm, and behalf is not a right recognized by law, or at all events only such a right that the discharge of the men was in order to prevent their having as everyone else is entitled to deprive them of if they stop short of to stop their business.” It seems to me very obvious to ask whether physical violence or obstruction. I think the right to employ their labour the threat to do that which will have such an effect as the witness as they will is a right both recognized by the law and sufficiently guarded described is a coercion of the will or not. The men were good workmen by its provisions to make any undue interference with that right an action and of good character; they were working, even according to Allen's own able wrong. Very early authorities in the law have recognized the right, view, at their own trade as shipwrights, but they had worked upon a and in my view no authority can be found which questions or qualifies it. former occasion for a different employer upon an iron ship. And now it The schoolmaster who complained that his scholars were being assaulted is important to call attention to the exact question which was left to the and brought an action ; the quarry-owner who complained that his jury. Kennedy, J., said : " The question that I want you to answer is that, servants were being menaced and molested, were both held to have a if you find he induced the Glengall Iron Co. by the threat which is sugright of action, and it appears to me that the importance of those cases, gested by the plaintiffs of calling out all the men on strike”' (observe the and the principle established by them, has not been sufficiently considered. phrase used, "the threat suggested by the plaintiffs of calling out all the It is said that threats of violence or of actual violence were unlawful men on strike,” and that that induced the Glengall Iron Co. to discharge means; the lawfulness of the means I will discuss hereafter. But the the plaintiffs, and yet it is to be said Allen's threat had nothing to do point on which these cases are important is the existence of the right. It with the discharge of the plaintiffs), "and he continued in that course of was not the schoolmaster who was assaulted, it was not the quarry-owner conduct if there was any attempt to employ them again, did he do that who was assaulted or threatened; but, nevertheless, the schoolmaster was
with the malicious intention which I have endeavoured to explain-that is held entitled to bring an action in respect of the loss of scholars attending merely, not for the purpose of forwarding that which he believed to be his his echool, and the quarry-owner in respect of the loss of workmen to his interest as a delegate of luis union in the fair consideration of that interest, but quarry. They were third persons; no violence or threats were applied to for the purpose of injuring these plaintiffs and preventing them doing that them, and the cause of action, which they had a right to insist on, was
which they were each of them entitled to do.” It appears to me that that the indirect effect upon themselves by violence and threats applied to is a direction of which the defendants cannot complain, since it puts what others. [And, after saying that the plaintiffs had a right to pursue their is to my mind an alternative more favourable to them. In my view his belief calling unmolested and referring to the history of the action upon the that what he was doing was for his interest as a delegate of his union would case, continued :). It is said that the company were acting within their not justify the doing of what he did do. It is alleged--and to my mind legal rights in discharging the plaintiffs. šo they were, but does and to the mind of the jury proved—that the employers were compelled that affect the question of the responsibility of the person who caused under pressure of the threats that he used to discharge the plaintiffs. The them so to act by the means he used The question must be whether what objection made by the defendants appears to be that the word " malicious” was done in fact, and what did in fact procure the dismissal of the plain- adds nothing; that if the thing was lawful it was lawful absolutely ; if it tiff, was an actionable wrong or not. I have never heard that a man who
was not lawful it was unlawful—the addition of the word “ malicious" was dismissed from his service by reason of some slander could not main
can make no difference. The fallacy appears to me to reside in the tain an action against the slanderer because the master had a legal right assumption that everything must be absolutely lawful or absolutely un, to discharge him. In treating this question I can desire no more apt expo- lawful. There are many things which may become lawful or unlawful sition of the law than that which is contained in Bowen, L.Jo's, admirably- according to circumstances. In a decision of this House (Corporation reasoned judgment in the Mogul case in the Court of Appeal. '« Intimida of Bradford v. Pickles, 44 W. R. 190) it has undoubtedly been held that, tion, obstruction, and molestation are forbidden; so is the intentional whatever a man's motives may be, he may dig into his own land and procurement of a violation of individual rights, contractual or other, divert subterranean water which, but for his so treating his own land, assuming always that there is no just cause for it. The intentional might have reached his neighbour's land. But that is because the neighdriving away of customers by show of violence : Tarleton v. M'Gawley bour had no right to the flow of the subterranean water in that direction, (Peake N. P. C. 270); the obstruction of actors on the stage by precon- and he had an absolute right to do what he would with his own property. certed hissing : Clifford v. Brandon (2 Camp. 358), Gregory v. Brunswick (6 But what analogy has such a case with the intentional inflicting of injury Man. & Gr. 205); the disturbance of wild fowl in decoys by the firing of upon another person's property, reputation, or lawful occupation ? To dig guns : Carrington v. Taylor (11 East 571) and Keeble v. Hickeringill (11 East into one's own land under the circumstances stated requires no cause or 574 n.); the impeding or threatening servants or workmen : Garret v.
excuse. He may act from mere caprice, but his right on his own land is Taylor. (Cro. Jac. 567); the inducing persons under personal contracts to absolute so long as he does not interfere with the rights of others. ReLumley v. Gye (1 W. R. 432, 2 Ell. & Bl. 216), all are instances of such accurate in order to justify the intentional doing of that which is forbidden acts.'
It will be observed that in what Bowen, L.J., says, if calculated, in the ordinary course of events, to damage, and which does in there be intimidation, obstruction, or molestation, or it there be inten- fact damage, another in that other person's property or trade," you must tional procurement of a violation of individual rights, contractual or other have some just cause or excuse. Now, the word " malicious"
appears to (always assuming that there is no just cause for it), are each of them,
me to negative just cause or excuse ; and, without attempting an where damage has been caused, actionable wrongs. "And sc Sir William exhaustive exposition of the word itself, it appears to me that, if I