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MORTIMORE, ANDREW GEORGE, Kingsteignton, Devon Grocer Exeter Pet Dec 20 Ord Dec 20

POPF, EDWARD JAMES, Ludgate crcs, Ironmonger High Court Pet Nov 4 Ord Dec 21

PORRITT, JOSIAH, ALBERT PORRITT, and MARSHALL PORRITT, Leeds, Yarn Spinners Leeds Pet Dec 16 Ord Dec 16

PRIESTLEY, MAHLON, Bradford, Innkeeper Bradford Pet
Dec 20 Ord Dec 20

PUGH, WILLIAM, Michaelchurch Escley, Hereford, Inn-
keeper Hereford Pet Dec 22 Ord Dec 22
ROSCOE, JOHN, St Bride st, Restuarant Proprietor High
Court Pet Nov 12 Ord Dec 20

RUTHERFORD, HARRY, Retford, Notts Ashton under Lyne
Pet Dec 13 Ord Dec 21

SALL ERNEST WILLIAM HENRY, Southsea, Surgeon Portsmouth Pet Dec 16 Ord Dec 17

SCHOELLES, FERDINAND, Manchester, Merchant Manchester Pet Dec 6 Ord Dec 20

SEELEY, THOMAS WILLIAM, Newmarket, Suffolk, Builder Cambridge Pet Dec 21 Ord Dec 21

SHARMAN, WILLIAM HENRY, Barnsley, Yorks, Grocer
Barnsley Pet Dec 22 Ord Dec 22

SMITH, HEDLEY MASON, Islington, Ironmonger
Court Pet Dec 15 Ord Dec 20

High

SMITH, THOMAS, Coventry, Baker Coventry Pet Nov 26 Ord Dec 22

STEPHEN, DAVID RHYS, Swansea, Coal Shipper

Pet Dec 14 Ord Dec 18

London Gazette.-TUESDAY, Dec. 28.

RECEIVING ORDERS.

Swansea

ARTINGSTALL, ARTHUR WHITAKER, and JAMES HALLIDAY,
Silsden, Yorks, Worsted Manufacturers Bradford
Pet Dec 22 Ord Dec 22

ELLIS, FREDERICK GEORGE WILLIAM, Gateshead, Draper
Newcastle on Tyne Pet Dec 23 Ord Dec 23
FINCH, WILLIAM HENRY, Lowestoft Gt Yarmouth
Pet Dec 23 Ord Dec 23

Burnley

HOUGHTON, WILLIAM HENRY, Burnley, Grocer
Pet Dec 23 Ord Dec 23
ISAAC, JOHN, Portland, Dorset, Warrant Officer Dorchester
Pet Dec 23 Ord Dec 23

JAMES, JOHN, Gt Grimsby, Clerk Gt Grimsby Pet Dec 23
Ord Dec 23

JOHNSON, GEORGE, Middleham, Yorks, Trainer Northallerton Pet Dec 22 Ord Dec 22

SHERWOOD, THOMAS, Manchester, Accountant Manchester Pet Dec 22 Ord Dec 23

TABERER, AUSTIN, Derby, Plater Derby Pet Dec 23 Ord Dec 23

THOMPSON, JOHN WILLIAM, Colne, Lancs, Coal Merchant
Burnley Pet Dec 23 Ord Dec 23

WALL, OSCAB, Manchester, Chemist
Dec 23 Ord Dec 23

Manchester

Pet

WILDMAN, E, Hammersmith High Court Pet Dec 8 Ord Dec 23

Amended notice substituted for that published in the London Gazette of Nov. 5:

GRAY, MARTHA HANNAH, Blackpool, Lodging house Keeper Preston Pet Oct 1 Ord Nov 1

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port, Mon

JONES, DAVID, Aberdare, Boot Dealer Jan 5 at 2.30 65, High st, Merthyr Tydfil

LOCKWOOD, GEORGE, Rawcliffe, Yorks, Saddler Jan 6 at 10.15 Off Rec, 6, Bond ter, Wakefield

MOUNCE, HENRY, Newport, Mon, Baker Jan 4 at 12.45 Off Rec, Westgate chmbrs, Newport, Mon

PRICE, FRANK, Liverpool, Grocer Jan 4 at 2.30 Off Rec, 35, Victoria st, Liverpool

NOTE. The above Notice is substituted for that published in the London Gazette of Dec 10

WALKER, THOMAS, Redcar, York, Blacksmith Jan 12 at 3
Off Rec, 8, Albert rd, Middlesborough
WOOF, ELIZABETH, Coatham, York, Fish Dealer Jan 12 at
3 Off Rec, 8, Albert rd, Middlesborough
WRIGHT, ALICE, Newington Causeway, Mantle Dealer
Jan 5 at 12 Bankruptcy bldgs, Carey st

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To those Clerks who are articled at a distance from large towns systematic instruction with advice and help is given, and a course of preparation through the post has been formulated.

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In the case of students who have not passed the Intermediate Examination the instruction is by means of monthly papers, and deals with the selected portions of Stephen's Commentaries.

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Before Inter. After Inter. Examination. Examination. £4 4 0 (12 months) £6 6 0 660 (2 years) 880 4 4 0 (5 months)

990

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For those who have previously subscribed for Postal instruction ...

For three months' Class instruction For those who have previously subscribed for Postal instruction Cheques and Post Office Orders should be made payable to the SECRETARY, and crossed" Messrs. BARCLAY & Co., LIMITED." Law Society's Hall, Chancery-lane. DISEASE (TYPHOID FEVER, SMALL POX, TYPHUS, &c) AND ACCIDENTS OF ALL KINDS

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SPINK & SON, GOLDSMITHS AND SILVERSMITHS, 17 AND 18, PICCADILLY, W., and at 1 AND 2,
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SUM INSURED IN 1896, £388,952,800. EDE AND SON,

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For Gentlemen, under the Act and privately. For Terms, &c., apply to

R. WELSH BRANTHWAITE, Medical Superintendent. TREATMENT of INEBRIETY and ABUSE of DRUGS.

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Medical Attendant: CHAS. J. BOND, F.R.C.S. Eng., L.R.C.P. Lond. Principal: H. M. RILEY, Assoc. Soc. Study of Inebriety. Thirty years' Experience. Excellent Legal and Medical References. For terms and particulars apply Miss RILEY, or the Principal.

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The Right Hon. Lord HALSBURY (Lord High Chancellor of England).
The Hon. Mr. Justice KEKEWICH.

The Right Hon. Sir JAMES PARKER DEANE, Q.C., D.C.L.

WILLIAM WILLIAMS, Esq.

RICHARD PENNINGTON, Esq.

Bacon, His Honour Judge.

Davey, The Right Hon. Lord,

DIRECTORS.

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Masterman, Henry Chauncy, Esq.

THE PRESENT condition of the controversy on the Land Transfer Act, 1897, affords a singular commentary on the representations which were made by the promoters of that measure, that the country was eagerly desirous of obtaining compulsory registration of title, and especially on their airy Mellor, The Right Hon. John W., Q.C., assumption that London would gladly consent to be the experi

Mathew, The Hon. Mr. Justice.

Meek, A. Grant, Esq. (Devizes).

M.P.

Mills, Richard, Esq.

Morrell, Frederic P., Esq. (Oxford).

Pennington, Richard, Esq.

Rowcliffe, Edward Lee, Esq.

Saltwell, Wm.Henry, Esq.

Williams, C. Reynolds, Esq.
Williams, Romer, Esq.
Williams, William, Esq.

mental area. The London County Council, before coming to any decision, very prudently resolved to request the opinion of the vestries and other public bodies (including, we understand, the Incorporated Law Society) as to the advisability of trying the Act within the Metropolitan area; and the result has been

that already several of the leading vestries have pronounced will be seen, said Lord ESHER, M.R., in Cohen v. Mitchell, from decisively against such trial. The Building Societies Association (as we learn from the Times) have stated to the London County Council that it is very undesirable to make the county of London the first district to be experimented on; and we have reason to believe that the report of the Institute of Bankers does not greatly differ in effect. And it is now tolerably well known throughout the country that the Council of the Incorporated Law Society have resolved, in reply to the enquiry of the county council, to report in the same sense. We do not think that this action on the part of the Council should be ascribed to any desire to favour the interests of London members of the Society in opposition to those of country members. The Council being asked to state their opinion on the specific question of whether the experiment should be tried in London, and knowing the almost universal opinion of London solicitors on the subject, could hardly decline to express their view. The facts that the promoters of the Bill have refused to observe the pledge which was given in the House of Commons on their behalf, that the first area should be the county of London exclusive of the City, and have (as Mr. GEDGE's letter to the Times shews) violated an undertaking given in the House that no steps should be taken before the 1st of January, 1898, towards putting the provisions of the Act in force, have made a material difference in the views of many of those who at first thought that the understanding as to the London area should be observed.

THE DECISION OF BYRNE, J., in Hunt v. Fripp (46 W. R. 125) forms an important addition to the series of cases on the power of an undischarged bankrupt to deal with property devolving upon him after the bankruptcy. Under section 44 of the Bankruptcy Act, 1883, such property is divisible among the creditors of the bankrupt, and under section 54 it would seem that it vests in the trustee in bankruptcy; but in pursuance of the construction placed upon the earlier Bankruptcy Acts (see Herbert v. Sayer, 5 Q. B. 965) it was held in Cohen v. Mitchell (38 W. R. 551, 25 Q. B. D. 262) that, until the trustee intervenes to claim the property, the bankrupt is at liberty to deal with it, and transactions respecting it entered into with any person dealing with the bankrupt bona fide and for value, whether with or without knowledge of the bankruptcy, are valid against the trustee. In Re New Land Development Association v. Gray (40 W. R. 295, 551; 1892, 2 Ch. 138) it was seen that this doctrine would lead to confusion if it was applied to real property, and freeholds were held to be excluded, though subsequently in Re Clayton & Barclay (43 W. R. 549; 1895, 2 Ch. 212) it was decided that this exclusion did not extend to leaseholds. In the case before BYRNE, J., the question arose whether the rule applied so as to protect an assignment by the bankrupt of an equitable interest in a trust fund, the interest having devolved upon him after the commencement of the bankruptcy. Prima facie it may be difficult to justify any dealing with property of this nature without the concurrence of the trustee, but the terms in which the rule was laid down in Cohen v. Mitchell are clearly wide enough to include it, and it is important, as CHITTY, J., pointed out in Re Clayton & Barclay, not to introduce any exception unnecessarily. "Dispositions of personal or other property," said FRY, L.J., in Cohen v. Mitchell, "made by the bankrupt to a person who receives them in good faith and for value must be valid"; and Lord ESHER, M.R., in discussing the rule, spoke of "property" without any qualification. Freehold estate has, as just stated, been held to be an exception for reasons incident to the conveyance and vesting of such property, but in declining to extend the exemption to leaseholds, CHITTY, J., intimated very strongly that no further infringement should be made upon the rule, and there seems to be no special reason for exempting from its operation an equitable interest in a trust fund. In Hunt v. Fripp, accordingly, BYRNE, J., held that an assignment by the bankrupt of such an interest was protected.

As A condition, however, of the validity of a dealing by an undischarged bankrupt with property which he has acquired since the bankruptcy, it is essential that there should be bona fides on the part of the person dealing with the bankrupt. It

the wording of the rule, "that the stress of bona fides is laid entirely and solely on the person dealing with the bankrupt; and if he has dealt in good faith, the question of whether the bankrupt, as between himself and his creditors, is also dealing in good faith is immaterial." It is, of course, an immense advantage to the person seeking to support a transaction of this nature to be relieved of the necessity of entering into the question of the conduct of the bankrupt towards his creditors, and his path is rendered still easier by the decision of BYRNE, J., in Hunt v. Fripp (supra). To satisfy the requirement of bona fides it is sufficient that the party should have been dealing honestly, and his honesty cannot be impugned merely upon the grounds that the trustee in bankruptcy was not informed prior to the transaction that the property in question had devolved upon the bankrupt, and that the party was aware of the trustee's want of information. It seems to follow, indeed, from the object of the rule, which is to give the bankrupt full power over the property until the trustee intervenes, that the party with whom the bankrupt deals shall not be bound to notice in any way the title, whether actual or potential, of the trustee. Of course, until the trustee has notice of the acquisition of the property he can take no steps to intervene, but this does not appear to affect the bankrupt's power of disposition. The requirement of good faith on the part of the person dealing with the property insures that the property shall not be lost to the bankrupt's estate without some adequate consideration, and in this manner the creditors are protected. Under the circumthe bankrupt's interest in the trust fund took it honestly, notstances of Hunt v. Fripp, BYRNE, J., held that the assignees of withstanding that they knew that the trustee in bankruptcy was not aware of such interest, and, consequently, since the assignment was valid, they were entitled to call upon the trustees of the fund to pay over the money.

THE LOCAL Government Board are to be congratulated on having begun the new year with the issue of permanent rules for the conduct of elections of local authorities under the Local Government Act, 1894. Up to the present time special rules have been issued relating to these elections in each particular year; the first set of rules being applicable only to the first general elections under the Act, which were held in December, 1894; the second to the general elections in 1896; and the third to those of 1897. In 1895 the Board issued orders applicable to elections to fill casual vacancies in boards of guardians and urban and rural district councils, and further orders to meet the case of elections rendered necessary by the constitution of new urban or rural districts, or by the increase in the number of councillors or guardians for any district or union. These orders of 1895 merely applied the rules of 1894, with the necessary modifications and adaptations. The result was that, while the general elections in each year have been conducted under rules framed with reference to that year only, elections to fill casual vacancies and elections of members of new district councils, and of additional members of boards of guardians and district councils, have been regulated by the rules of 1894 which were obsolete except so far as they were made applicable to these special elections by the orders of 1895, This was unsatisfactory, and considerable skill was required to enable the officials concerned to discover the rules applicable to a given election. The new rules provide both for the ordinary elections and, in the case of district councils and guardians, for the special elections dealt with by the now repealed orders of 1895. In the case of parish councils, casual vacancies are filled by co-optation, and the elections of newly-constituted councils are still regulated by separate orders. The new rules fix the dates for the ordinary annual elections by reference to the calendar: the polls, where necessary, are to be held on the first Monday in April, or, if that is Easter Monday, then on the last Monday in March; and power is, very properly, reserved to the county council of altering the date for special reasons, to the Saturday preceding or the Tuesday or Wednesday following the Monday in question. The annual parish meetings, at which the ordinary elections of parish councillors are concluded where no poll is necessary, are to be held on the first Monday after the 10th of March, or, if Easter Monday falls on the first Monday

in April, then on the first Monday after the 3rd of March; and the county council has a similar power to vary the dates within certain limits. In the case of casual vacancies in district councils and boards of guardians, the clerk to the body in question is to fix the date of the election; in the case of new districts and additional members of existing district councils and boards of guardians, the date is to be fixed by the returning officer for some day within six weeks after the order constituting the district or increasing the number of members comes into operation. As to the general conduct of the elections, the new rules do not appear to differ substantially from the rules under which these elections have hitherto been conducted.

A NOVEL point was raised last week at the Eastbourne policecourt. It appears that there is a shooting gallery on the pier, at which, for one penny a shot, persons shoot at a mark for small prizes. It fact it is just such a gallery as may be seen at any seaside place, at any fair, or on any racecourse throughout the country. The attendant, however, at the Eastbourne Pier gallery was summoned by the Inland Revenue authorities for carrying a gun without a licence, contrary to the provisions of the Gun Licence Act, 1870. The terms of this Act are very strict, and the exceptions are very narrow, and are not material to the present case. Section 7 provides that "every person who shall use or carry a gun elsewhere than in a dwelling-house or the curtilage thereof, without having in force a licence duly granted to him under this Act, shall forfeit the sum of ten pounds." Also, by section 2, the term "gun" is defined as including a firearm of any description, and an air gun, or any other kind of gun from which any shot, bullet, or other missile can be discharged." These words seem extremely plain, and it was held by the High Court in the case of Campbell v. Hadley (40 J. P. 756) that a small pocket pistol, seven inches long, which was little more than a mere toy, and was used to shoot a minute shot at a mark, was a gun " within the meaning of the Act, and that the small boy who was found using the weapon was liable to a penalty for so doing without a licence. If this little pistol was within the Act, it seems quite clear that the guns used in shooting galleries are also within the Act. Hence, to use or carry a gun anywhere except in a dwelling-house or the curtilage thereof seems to be an offence. It is an offence in the proprietor of the gallery, or his assistant, who hands the weapon to the customer. It is also an offence in the latter to use the gun, as he clearly does when he shoots at the mark. Every boy, therefore, who tries his luck in one of these galleries at a country fair is liable to a penalty of ten pounds. This practically means that these galleries are unlawful, and it is surprising to think how long the law has been infringed with the utmost impunity. This conclusion seems almost ridiculous, but it is a plain deduction from the Act, and in the light of the recent proceedings it seems to be the view of the advisers of the Inland Revenue. This view of the law, however, was too much for the common sense of the Eastbourne magistrates, who, apparently, could not believe that it was possible for "old Father Antic, the law," to be so absurd, and so they dismissed the case. If the authorities are in earnest, they will take the opinion of the High Court on the point. If they are not in earnest, then it was a wanton act of oppression to proceed against the Eastbourne gallery. It is submitted that a great many absurdities might be avoided, without loss to the revenue, and with advantage to the public, by substituting for the existing personal licence to carry a gun a small annual tax on every gun used or carried by any person. The first year's tax ought to be payable by the gunmaker who sells the gun, who should be able to recover the amount from the purchaser along with the price. This could not appreciably affect the price of guns of any value, and ought not to injure the gun trade, except in so far as that trade is hurtful to the public. It would, however, materially affect the price of those cheap revolvers and pistols which are bought for a mere trifle, and which are so often heard of in the police-courts and at coroners' inquests. Such a result could hardly fail to be beneficial.

being invalid in consequence of some technical irregularity in
the appointment of any of its members, it is usual to introduce
in the articles of association a clause expressly validating any-
thing done by the board under such circumstances, and, accord-
ing to the decision of the Court of Appeal in Dawson v. African,
&c, Co. (Limited) (46 W. R. 132), such a clause will be con-
strued liberally even though it may not be easy to bring the
case in question within its exact terms. There the clause,
following the common form, provided that all acts done at any
meeting of the directors should, notwithstanding that it should
be afterwards discovered that there was some defect in the
appointment of the directors or of a person acting as a director,
or that they or any of them were disqualified, be as valid as if
every such person had been duly appointed, and was qualified
to be a director. The articles also provided that the qualifica-
tion of a director should be the holding of shares of the nominal
value of £200, and that the office of a director should be
vacated if he ceased to hold the necessary qualification. There
were, it appeared, three directors, A., B, and C., all of
them originally duly appointed and duly qualified. On the
17th of June last C. transferred all his shares, and he had no
qualification till the 23rd, when he again acquired the necessary
number of shares. On the 24th he was present with A. and B.
at a board meeting and acted as a director. A. and B. had
power to fill up any casual vacancy, but they did not pass any
resolution reappointing C., and there was, indeed, no evidence
that they were aware that he had become disqualified. Subse-
quently A., B., and C. passed a resolution making a call, and it
was contended that this call was invalid by reason of C. being
no longer a director. Undoubtedly he had, by the fact of
parting with his shares, ceased to be a director, and there had
been no express fresh appointment, so that it could be plausibly
argued that it was not a case of a mere defect in the appoint-
But this technical construc-
ment which the article could cure.
tion of the article was not accepted by the Court of Appeal. A.
and B. did in fact assume C. to be a director, and, had they
known of the circumstances, would doubtless have passed the
necessary resolution reappointing him. The defect, therefore,
whether strictly within the terms of the clause or not, was
exactly of the nature which the clause was intended to provide
against, and the call was held to have been validly made.

THE RULE IN SHELLEY'S CASE.

THE application of the rule in Shelley's case has, in consequence of the decisions of the House of Lords in Jesson v. Wright (2 Bli. 1) and Roddy v. Fitzgerald (6 H. L. Cas. 823) become so well settled that the controversy which at the end of the last century seriously disturbed the equanimity of FEARNE and HARGRAVE has been well-nigh forgotten. The question has arisen again, however, in the House of Lords in Van Grutten ▾. Foxwell (1897, A. C. 658), and has furnished Lord MACNAGHTEN with the opportunity of recalling the ancient dispute in an interesting and amusing judgment.

The rule enunciated in Shelley's case (1 Rep., p. 104a), though not then for the first time established, is as follows: "It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases the heirs' are words of limitation of the estate and not words of purchase." To this statement it may be added that any expression which imports the whole succession of inheritable blood has the same effect in bringing the rule into operation as the word "heirs" (see Lord MACNAGHITEN's judgment, p. 668), and that the rule applies as much to limitations in a devise as to limitations in a deed. It was a limitation in a devise which, in 1769, produced the revolt against the rule in the decision of the King's Bench in Perrin v. Blake (4 Burr. 2579, 1 Coll. Jur. 283), and which led the eminent real property lawyers above mentioned to apply themselves strenuously to its defence. Was the rule an absolute rule of law, to be applied inflexibly without regard to the apparent intention of the testator; or was it simply a rule of construction which must give way to IN ORDER to provide against the acts of a board of directors clear evidence of intention? Lord MANSFIELD and the majority

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