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Ellis, FREDERICK_Gikono WILLIA, Gateshead, Draper SAVE 50 TO 75 PER CENT.
HUDSON, CHARLES, Walsall, Postman Walsall Pet Dec
20 Ord Dec 20 Ives, ERNEST ALBERT, Bradford, Carrier Bradford Pet FINCH, WILLIAM HENRY, jun Lowestoft Great Yarmouth
By Buying Direct from the Manufacturers, Dec 21 Ord Dec 21
Pet Dec 23 Ord Dec 23
Pet Dec 15 Ord Dec 23
chant High Court Pet Nov 27 Ord Dec 22
Telegrams, “ Deeds, Wolverhampton."
HUNDREDS OF TESTIMONIALS.
court, Old Broad-street, London, E.C. PORBITT, JOSIAH, ALBERT PORRITT, and MARSHALL POR Lyons, EDWARD, New Broad st, Financial Agent High Dear Sir,-We are very pleased with the Deed Boxes which RITT, Leeds, Yarn Spinners Leeds Pet Dec 16 Ord Court Pet Sept 14 Ord Dec 22
you recently supplied to us, and now inclose cheque for Dec 16
PAINE, JOHN HENRY, Brentwood, Essex High Court Pet £36 6s. 6d., the amount of your account for same, which PRIESTLEY, MAHLox, Bradford, Innkeeper Bradford Pet Sept 23 Ord Dec 22
kindly receipt and return in due course. We shall be happy Dec 20 Ord Dec 20
PALMER, FREDERICK WILLIAM, and ERNEST BENNETT, o recommend your company to any of our friends who may PUGH, WILLIAM, Michaelchurch Escley, Hereford, Inn Bristol, Tailors Bristol Pet Nov 22 Ord Dec 23 equire Deed Bc ses. Yours faithfully, keeper Hereford Pet Dec 22 Ord Dec 22 SHAW, CHARLES, Sherwood, Notts, Gardener Nottingham
POOLE & ROBINSON. Roscoe, John, St Bride st, Restuarant Proprietor High Pet Dec 20 Ord Dec 23
From Mr. GEORGE AYLWABD, Portsdown House, Cosham, Court Pet Nov 12 Ord Dec 20 TABERER, AUSTIN, Derby, Plater Derby Pet Dec 23 Ord
Portsmouth, Sept. 15, 1897. RUTHERFORD, HABRY, Retford, Notts Ashton under Lyne Dec 23
Gentlemen,-The safe is duly to hand, and I am very Pet Dec 13 Ord Dec 21 TALLENTIRE, WILLIAM, and HENRY METCALFE, Earby,
much pleased with it; and if it is as you guarantee, fire and SALL ERNEST WILLIAM Henry, Southsea, Surgeon Ports Yorks, Builders Bradford Pet Nov 25 Ord Dec 22
urglar proof, I think it is marvellously cheap. mouth Pet Dec 16 Ord Dec 17
THOMPSON, JOHN WILLIAM, Colne, Lancs, Coal Merchant SCHOELLES, FERDINAND, Manchester, Merchant Man
Burnley Pet Dec 23 Ord Dec 23
Wrought iron and steel Fire and Burglar Resisting, Unchester Pet Dec 6 Ord Dec 20 Trownseli, CHARLES MORRIS, Crawley, Sussex Brighton
pickable, Wedgeproof Cash and Jewellery Safe. SEELEY, THOMAS WILLIAM, Newmarket, Suffolk, Builder Pet Nov 4 Ord Dec 23
High. Wide. Deep. Cambridge Pet Dec 21 Ord Dec 21
N. B54.-20 by 14 by 14 in. * £2 10 SHARMAN, WILLIAM HENRY, Barnsley, Yorks, Grocer
B55.-22 by 15 by 15 in. * £2 15 THE BEVERAGE OF THE PEOPLE. Barnsley Pet Dec 22 Ord Dec 22
B56.-24 by 17 by 16 in. *£30 SMITH, HEDLEY Mason, Islington, Ironmonger High Let us glance at the ordinary breakfast beverages of the
B57.-26 by 18 by 17 in. *£3 5 Court Pet Dec 15 Ord Dec 20 people.
B58.-28 by 19 by 19 in *£3 10 SMITH, THOMAS, Coventry, Baker Coventry Pet Nov 26 Tea, even if properly infused, is only a stimulant. It is
B59.-30 by 20 by 20 in, +£4 0 Ord Dec 22 not a nourishing beverage, and as usually decocted is
B60.-32 by 22 by 21 in. +£4 5 STEPEX, DAVID Rhys, Swansea, Coal Shipper Swansea washy, trashy, and deleterious.
B61.-34 by 23 by 22 in. +£4 10 Pet Dec 14 Ord Dec 18 Coffee, even when of the best, and prepared in perfection
B62.-36 by 24 by 23 in. £50 as you will find in the East, where Mahommedans are for
* With 1 drawer. + With 2 drawers London Gazette.-TUESDAY, Dec. 28. þidden by their religion to use alcohol, is only a cardiic or
# With 2 drawers and shelf. heart stimulant. It increases for a short time the power
These are 5 to 6 inches less nside RECEIVING ORDERS. of that organ without being in any sense of the word a
measurement. ARTINGSTALL, ARTHUR WHITAKER, and JAMES HALLIDAY, nourishing beverage.
2 in. Fire resisting chambers, best lever lock, duplicate keys. Silsden, Yorks, Worsted Manufacturers Bradford Cocoa.--The ordinary cocoa is not by any means a
Fitted with Chubb's Lock, 73. 6d, each extra. Pet Dec 22 Ord Dec 22
nourishing beverage. Its good qualities either in the Ellis, FREDERICK GEORGE WILLIAM, Gateshead, Draper
English or foreign varieties are smothered in starch and Wrought iron and steel Fire and Burglar Resisting, UnNewcastle on Tyne Pet Dec 23 Ord Dec 23 sugar that induce and promote indigestion.
pickable, Wedgeproof Book, Cash, and Jewellery Safe. Finch, WILLIAN HENRY, Lowestoft Gt Yarmouth Dr. Tibbles' Vi-Cocoa is a nourishing beverage, contain
EXTRA STRONG. Pet Dec 23 Ord Dec 23 ing four great restorers of vitality, Cocoa, Kola, Hope, and
No High Wide Deep £ s. d. HOUGHTON, WILLIAM HENRY, Burnley, Grocer Burnley Malt. It stands out as a builder up of tissues, a promoter
B956. 24 by 17 by 17 in. *5 80 Pet Dec 23 Ord Dec 23 of vigour, and in short it has all the factors which make
B957. 26 by 18 by 17 in. *6 20 ISAAC, John, Portland, Dorset, Warrant Officer Dorchester robust health. Being a deliciously flavoured beverage it
B958. 28 by 19 by 19 in. *6 12 6 Pet Dec 23 Ord Dec 23 pleases the most fastidious palate. Its active powers of
B959. 30 by 20 by 20 in. +7 2 6 JAMES, John, Gt Grimsby, Clerk Gt Grimsby Pet Dec 23 diastase give tone to the stomach, and promote the flow of
B960. 32 by 22 by 21 in. +7 17 6 Ord Dec 23 gastric juice, and however indigestiblo The food taken with
B961. 34 by 23 by 22 in. +8 50 Johnson, GEORGE, Middleham, Yorks, Trainer Northaller it at any meal, it acts as a solvent and assimilative.
B962. 36 by 24 by 23 in. 48 16 0 ton Pet Dec 22 Ord Dec 22 All the leading medical journals recommend Dr. Tibbles'
B963. 38 by 24 by 24 in. #9 10 O SHERWOOD, THOMAS, Manchester, Accountant Manchester Vi-Cocoa, and Dr. G. H. Haslam writes :-“It gives me
B964. 40 by 25 by 24 in. $10 2 6 Pet Dec 22 Ord Dec 23 great pleasure in bearing testimony to the value of Vi
* With i drawer. TABEBER, AUSTIN, Derby, Plater Derby Pet Dec 23 Ord Cocoa, a mixture of Malt, Hops, Kola, and Caracas Cocoa
+ With 2 drawers. Dec 23 Extract. I consider it the very best preparation of the
# With 2 drawers and shelf. Thompson, John William, Colne, Lancs, Coal Merchant kind in the market, and, as a nourishing drink for children
2} in. Fire resisting chambers, Burnley Pet Dec 23 Ord Dec 23 and adults, the finest that has ever been brought before
handles, throw bolts in front, WALL, OSCAB, Manchester, Chemist Manchester Pet the public. As a general beverage it excels all previous
top, and bottom of door, very Dec 23 Ord Dec 23 preparations. No house should be without it."
best lever lock, duplicate keys WILDMAN, E, Hammersmith High Court Pet Dec 8 Ord Dr. Tibbles' Vi-Cocoa can be obtained from all chemists,
Fitted with Chubb's Lock, Dec 23 grocers, and stores, or from Dr. Tibbles' Vi-Cocoa, Limited,
78. 6d. each extra. Amended notice substituted for that published in the
60, 61 and 62, Bunhill-row, London, E.C.
Any size safe and strong-room doors quoted for on application.
Set of best tinned
steel fall-front Deed GRAY, MARTHA HANXAH, Blackpool, Lodging house Keeper any address, if when writing (a postcard will do) the Preston Pet Oct 1 Ord Nov 1 reader will name the “ Solicitors' Journal."
Boxes, 20 by 14 by 14,
with strong iron stand FIRST MEETINGS.
and brass knobs and
chain. CHRISTIE, WILLIAM LORENZO, Duke st, St James's Jan 4 at 11 Bankruptcy bldgs, Carey st LONSDALE BUILDINGS, 27, CHANCERY LANE.
Locks are the best lever
that can be made, each CLABK, THOMAS BARRY, and FREDERICK CLARK, Bethnal
SHEPHEARD Green, Boot Manufacturers Jan 4 at 2.30 Bankruptcy ALEXANDER &
lock to differ, and one
master key to pass the bldgs, Carey st
lot. COUPLAND, ROBERT, Accrington, Draper
PRINTERS and PUBLISHERS.
1 box with 4 CBABB, THOMAS, West Norwood, Builder Jan 5 at 2.30
3 Bankruptcy bldgs, Carey st NEWSPAPERS & PERIODICALS.
2 DAYCHES, THEODORE, Jcwin crst Jan 5 at 12 Bankruptcy blogs, Carey st
And all General and Commercial Work. HARDING, EDWARD, Buckland, Landport, Cycle_Dealer
Packed in case and sent Jan 4 at 3 Off Rec, Cambridge Junction, High st, Every description of Printing large or small.
carriage paid as drawing Portsmouth HiLL, ROBEKT, Darlington, Clerk Jan 12 at 3 Off Rec, 8, Printers of THE SOLICITORS' JOURNAL Newspaper.
No. B1. £8 108. Od. Albert rd, Middlesborough
Ditto, with 8 Boxes, INGLETON, FREDERICK BEECH, Newport, Mon, Commission Authors advised with as to Printing and Publishing.
B2. £6 10s. Od. Agent Jan 4 at 1 Off Rec, Westgate chmbrs, New
Estimates and all information furnished.
Ditto, with 12 Boxes, port, Mon
B3. £9 10s. Od. Jones, DAVID, Aberdare, Boot Dealer Jan 5 at 2.30 65, High st, Merthyr Tydfil
Ditto, with 16 Boxes,
B4. £12 Os. Od. LOCKWOOD, GEORGE, Rawcliffe, Yorks, Saddler Jan 6 at 10.15 Off Rec, 6, Bond ter, Wakefield
Ditto, with 20 Boxes, MOUNCE, HENRY, Newport, Mon, Baker Jan 4 at 12.45
B5. £15 Os. Od. Off Rec, Westgate chmbrs, Newport, Mon
ALPHABET CASE (2 doors). Price, Frank, Liverpool, Grocer Jan 4 at 2.30 Off Rec, 35, Victoria st, Liverpool
Made of Best Tinned
Steel, with Best Lever Note.-The above Notice is substituted for that published
Spring Lock and 2 Keys. in the London Gazette of Dec 10 WALKER, THOMAS, Redcar, York, Blacksmith Jan 12 at 3
Stock Size, 30 by 17 by 14. Off Rec, 8, Albert rd, Middlesborough Woor, ELIZABETH, Coatham, York, Fish Dealer Jan 12 at
No, B19. £% 10s. Od. 3 Off Rec, 8, Albert rd, Middlesborough WEIGHT, ALICE, Newington Causeway, Mantle Dealer Jan 5 at 12 Bankruptcy bldgs, Carey st
May be made any size
to Order. ADJUDICATIONS.
SPECIAL LINES IN BALLOT BOXES. ARTISOSTALL, ARTHUR WHITAKER, and James HallIDAY,
REGISTERED FOLDING VOTING SCREENS. Silsden, Yorks, Worsted Manufacturers Bradford
All kinds of Boxes made and Strong Rooms Fitted. Pet Dec 22 Ord Dec 22
Any of our Boxes not approved of money CAIGER, ALFRED, Richmond, Tailor Wandsworth Pet
returned. Dec 2 Ord Dec 23
We are appointing agents in every Town, and shall be Pet Dec 13 Ord Dec 23
Strand, pleased to receive applications from responsible men calling
LONSDALE PRINTING WORKS,
EDWARDS, Samuel, Buckingham, Cycle Dealer Banbury S. FISHER. 188,
INCORPORATED LAW SOCIETY.
LEGAL EDUCATION. The Council invite attention to the following scheme of education, adopted Classes for Final Students are held at the Hall of the Society on four in 1892 with the object of affording assistance to Articled Clerks.
afternoons each week during the following periods: August to January; For the benefit of Clerks resident in London or who are able to attend, January to June. these classes are held and Tutors give advice and assistance at the Hall of the These periods afford five months' class preparation, and students are Law Society.
advised to subscribe for a full course, and certainly for not less than three To those Clerks who are articled at a distance from large towns systematic months, otherwise the work must necessarily be hurried. instruction with advice and help is given, and a course of preparation Students may join the classes either before or after the Intermediate through the post has been formulated.
Examination without subscribing to the course of Postal instruction, but it POSTAL INSTRUCTION.
is recommended that they should avail themselves of both modes of inIn the case of students who have not passed the Intermediate Examination struction. the instruction is by means of monthly papers, and deals with the selected
Subscribers to either Postal or Class instruction have the opportunity of portions of Stephen's Commentaries.
consulting the Tutors upon the work of the course in personal interview or For those who have passed the Intermediate Examination instruction is by letter at any time. afforded by fortnightly papers, and embraces the following subjects : Equity,
RESULTS AND HONOURS. Conveyancing, Common Law, Bankruptcy, Criminal and Magisterial Law, The results obtained have been satisfactory. At each of the last twelve Probate, Divorce, Admiralty, and Ecclesiastical Law.
examinations pupils have obtained honours, and the percentage of passes is These papers both before and after the Intermediate Examinations are a high one, exceeding 85 per cent. of between two and three hundred pupils varied each year, so that students who may subscribe for more than one who last presented themselves for examination. It has happened on several year's tuition receive additional assistance.
occasions that all Class pupils have been successful, and the same has These courses may be commenced at any time, but the Tutors recommend occurred in the case of subscribers to the Correspondence Courses. that the Intermediate course should be commenced at an early stage of the
TUTORS. Articles, and the Final course soon after the Intermediate Examination has Equity, Conveyancing, Common Law, Bankruptcy–J. CARTER HARRISON, been passed.
30, Bedford-row, W.C. Books can be obtained from Messrs. Stevens & Sons, or other law lending Criminal and Magisterial Law, Probate, Divorce, Admiralty, and library, for a subscription of a guinea and a-half to cover the course of work Ecclesiastical Law, Stephen's Commentaries - LEONARD H. West, LL.D., for the Final Examination, and Stephen's Commentaries can be supplied to 19, Southampton-buildings, Chancery-lane, W.C. either Class of Postal Subscribers, at a subscription of one guinea, on
After Inler. application to the Tutor, Dr. West.
Subscription to postal instruction (12 months) £4 4 0 (12 months) $6 6 0 Class instruction is also provided on the selected portions of Stephen's Subscription to Postal instruction (2 years) 6 6 0 (2 years) 8 80 Commentaries and the subjects above named, and it is recommended that the Class instruction (3 months)
4 4 0 (5 months)
990 classes should be joined after the expiration of a course of Postal instruction. For those who have previously subscribed for Students can join the clasges at any time, the fees being proportionate to the Postal instruction
770 length of attendance.
Class instruction (6 months)
770 (4 months) 8 80 Rooms are provided where subscribers may study, and books are supplied for those who have previously subscribed for without extra charge.
Postal instruction ..
6 60 Periodical test examinations are held by the Tutors.
For three months' Class instruction
770 The Classes for Intermediate Students are held in the Hall of the Society For those who have previously subscribed for Postal instruction 5 5 0 on three afternoons in each week during the following periods : August to Cheques and Post Office Orders should be made payable to the SECRETARY, November ; October to January ; January to April ; March to June.
and crossed " Messrs. BARCLAY & Co., LIMITED." Students may subscribe for successive classes.
Law Society's Hall, Chancery-lane. DISABLEMENT BY DISEASE
TREATMENT OF INEBRIETY. (TYPHOID FEVER, SMALL POX, TYPHUS, &c) AND
DALRYMPLE HOME, AOOIDENTS OF ALL KINDS
For Gentlemen, under the Act and privately. RAILWAY PASSENGERS' ASSURANCE CO.
For Terms, &c., apply to
R. WELSH BRANTHWAITE, 64, OORN HILL, LONDON. A. VIAN, Secretary.
TREATMENT of INEBRIBTY and ABUSB of DRUGS.
HIGH SHOT HOUSE,
ST. MARGARET'S, TWICKENHAM, SPINK & SON, GOLDSMITHS AND SILVERSMITHS, 17 AND 18, PICCADILLY, W., and at 1 AND 2,
Por Gentlemen under the Acts and privately. Terms,
23 to 4 Guineas. GRACECHURCH-STREBT, CORNHILL, LONDON, E.O., beg respectfully to announce that they ACCURATELY Apply to Medical Superintendent, APPRAISE the above for the LEGAL PROFESSION OF PURCHAEs the 8AMB for cash if desired. Estab. F. BROMHEAD, B.A., M.B. (Camb.), M.R.C.8. (Eng.) lished 1772. Under the patronage of H.M. The Queen and H.S.H. Prince Louis Battenberg, K.C.B.
MELBOURNE HOUSE, LEICESTER,
Medical Attendant: CHAS. J. BOND, F.R.C.S. Eng., LAW COURTS BRANCH:
L.R.C.P. Lond. Principal: H. M. RILEY, Assoc. Soc. 40, CHANCERY LANE, W.C.
Study of Inebriety. Thirty years' Experience. Excellent
Legal and Medical References. For terms and particulars A. W. COUSINS, District Manager.
apply Miss RILEY, or the Principal. SUM INSURED IN 1896, £388,952,800.
TO BECOME OFFICERS
BRAND & CO.'S
PRIVATE HOME FOR LADIES.
SCHOOL SHIP “CONWAY"
BY BPROIAL APPOINTMENT
E PP S'S ESSENCE OF BEEF,
To Her Majesty, the Lord Chancellor, the whole of the
Judicial Bench, Corporation of London, &c.
Olerks, and Olerke of the Peace,
ESTABLISHED 1689. 94, OHANOERY LANE, LONDON.
MEAT JUICE, &c.,
Prepared from finest ENGLISH MEATS
Of all Chemists and Grocers.
WORKS, VAUXHALL, LONDON, S.W.
BREAKFAST AND SUPPER.
VOL. XLII., No. 10.
LAW REVERSIONARY INTEREST
The Solicitors' Journal and Reporter.
150 ......... 147
24, LINCOLN'S INN FIELDS, W.C.
LONDON, JANUARY 8, 1898.
£400,000 Debentures and Debenture Stock
£180,000 REVERSIONS BOUGHT.
LOANS MADE THEREON. The Editor cannot undertake to return rejected contributions, aud
copies should be kept of all articles sent by writers who are not on
the regular staff of the JOURNAL.
................. 164 GENERAL AND MANUFACTURING STATIONERS.
TAE RULE IN “SHELLEY'S CASE”. 159 THE LAND TRANSFER ACT, 1897 ......... 164
161 Court PAPERS.................................. 165 DEALERS IN PARCAMENTS.
161 WINDING UP NOTICES ........................ 173 NEW ORDERS, &c.
161 BEDITORS' NOTICEB........................... 173
LAW SOCIETIES ................................. 164 BANKRUPTOY NOTICEB........ ..... 6, 7, 8, AND 9, FETTER LANE; 2 AND 10, CRANE COURT, LONDON, E.C.
Cases Reported this Week.
City of London Brewery Co. (Lim.) Attorney-General v. Brown
Bateman v. Faber..............
Boord v. African Consolidated Land SUBSCRIBED CAPITAL £1,000,000. PAID-UP - £100,000. Revenue
162 FIDELITY GUARANTEES OF ALL KINDS. ADMINISTRATION AND LUNACY Hall v. Launspach
Fort, In re. Ex parte Schofield
163 Phillips v. The London School Board. BONDS. MORTGAGE, DEBENTURE, LICENSE, AND CONTINGENCY
Cockerton v. The Same
163 INSURANCE. TRUSTEESHIPS FOR DEBENTURE-HOLDERS, &c.
South African Republic v. La ComRoyal College of Music (Appellants) v. pagpie Franco-Belge du Chemin du The Vestry of the United Parishes of
Fer du Nord
“The Theodora” HEAD OFFICE : 49, Chancery-lane, W.C. | CITY OFFICE: 56, Moorgate-street, E.C. St. Margaret and St. John the Evan
Watkins v. Barnard.
gelist, Westminster (Respondents)... 162 Wilcock, In re. Kay v. Dewhirst
CURRENT TOPICS. To see that the Insurance Covenants include a policy covering the risk of
WE PRINT elsewhere the short summary of changes in Land LOSS OR FORPBITURE OF THE LICENSB. Suitable clauses, settled by Counsel, can be obtained on application to
Registry practice, entailed by the new Act and Rules, to which THE LICENSES INSURANCE CORPORATION AND we referred last week as in course of preparation.
GUARANTES FUND, LIMITED,
24, MOORGATE STREET, LONDON, E.C. Mortgages Guaranteed on Licensed Properties promptly, without
THE APPEAL list for the ensuing sittings contains 165 appeals, special valuation and at lovo rates.
of which 46 are from the Chancery Division; 4 from the Pro
bato, &c., Division ; 91 from the Queen's Bench Division; 4 LEGAL AND GENERAL LIFE ASSURANCE appeals in bankruptcy; and 20 cases in the New Trial Paper. SOCIETY.
The total of appeals at the commencement of the last sittings
was 159, and a year ago 127. ESTABLISHED OVER HALF A CENTURY. 10, FLEET STREET, LONDON.
IN THE Chancery Division the actions and matters before the
five judges comprise 200 before NORTH, J.; 166 before STIRFREE,
LING, J.; 99 before KEKEWICH, J.; 170 before ROMER, J.; and SIMPLE,
84 before BYRNE, J.; making a total of 719 actions and matters, as compared with 748 at the commencement of the last sittings. There are 80 winding-up matters before WRIGHT, J.
157 155 163
THE QUEEN'S BENCH lists contain 831 actions entered for trial, as against 906 at the commencement of the last sittings and 660 a year ago
THE ELEVATION of the Lord Chancellor to an Earldom follows AND
the precedent set with regard to Lord CAIRNS and Lord SELSECURE.
BORNE and several previous Chancellor Earls. There cannot
be said, however, to have been any settled practice that the FUNDS £3,000,000. INCOME
4373,000 honour should follow the holding of the office of Chancellor YEARLY BUSINESS £1,000,000. BUSINESS IN FORCE
£11,000,000 more than once. Lord THURLOW held the office twice, Lord
LYNDHURST three times, and Lord CRANWORTH twice.
THE PRESENT condition of the controversy on the Land
Transfer Act, 1897, affords & singular commentary on the
representations which were made by the promoters of that Bacon, His Honour Judge. Masterman, Henry Chauncy, Esq.
measure, that the country was eagerly desirous of obtaining Davey, The Right Hon. Lord.
Mathew, The Hon. Mr. Justice.
Mellor, The Right Hon. John W., Q.c., compulsory registration of title, and especially on their airy Ellis, Edmund Henry, Esq.
assumption that London would gladly consent to be the experiFinch, Arthur J., Esq. Mills, Richard, Esq.
mental area. The London County Council, before coming to Frere, Geo. Edgar, Esq.
Morrell, Frederic P., Esq.(Oxford). Garth, The Right Hon. Sir Richard, Q.C. Pennington, Richard, Esq.
any decision, very prudently resolved to request the opinion of Harrison, Chas., Esq., M.P. Rowcliffe, Edward Lee, Esq.
the vestries and other public bodies (including, we understand, Healey, 0. E. H. Chadwyck, Esq., Q.C. Saltwell, Wm. Henry, Esq. Johnson, Charles P., Esq. Williams, C. Reynolds, Esq.
the Incorporated Law Society) as to the advisability of trying Kekewich, The Hon. Mr. Justice.
Williams, Romer, Esg. Ludlow, The Right Hon. Lord. Williams, William, Esq. 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 Associa- the wording of the rule, “ that the stress of bona fides is laid tion (as we learn from the Times) have stated to the London entirely and solely on the person dealing with the bankrupt; County Council that it is very undesirable to make the county and if he has dealt in good faith, the question of whether the of London the first district to be experimented on; and we have bankrupt, as between himself and his creditors, is also dealing reason to believe that the report of the Institute of Bankers in good faith is immaterial.” It is, of course, an immense does not greatly differ in effect. And it is now tolerably well advantage to the person seeking to support a transaction of this known throughout the country that the Council of the Incor- nature to be relieved of the necessity of entering into the porated Law Society bave resolved, in reply to the enquiry of question of the conduct of the bankrupt towards his creditors, the county council, to report in the same sense. We do not and his path is rendered still easier by the decision of BYRNE, J., think that this action on the part of the Council should be as- in Hunt v. Fripp (supra). To satisfy the requirement of bona cribed to any desire to favour the interests of London members fides it is sufficient that the party should have been dealing of the Society in opposition to those of country members. The honestly, and his honesty cannot be impugned merely upon Council being asked to state their opinion on the specific the grounds that the trustee in bankruptcy was not informed question of whether the experiment should be tried in London, prior to the transaction that the property in question and knowing the almost universal opinion of London solicitors had devolved upon the bankrupt, and that the party was aware on the subject, could hardly decline to express their view. The of the trustee's want of information. It seems to follow, indeed, facts that the promoters of the Bill have refused to observe the from the object of the rule, which is to give the bankrupt full pledge which was given in the House of Commons on their power over the property until the trustee intervenes, that the behalf, that the first area should be the county of London party with whom the bankrupt deals shall not be bound to exclusive of the City, and have (as Mr. GEDGE's letter to the Times notice in any way the title, whether actual or potential, of the shows) violated an undertaking given in the House that no stops trustee. Of course, until the trustee has notice of the acquisishould be taken before the 1st of January, 1898, towards i tion of the property he can take no steps to intervene, but this putting the provisions of the Act in force, have made a material does not appear to affect the bankrupts power of disposition. difference in the views of many of those who at first thought The requirement of good faith on the part of the person dealing that the understanding as to the London area should be with the property insures that the property shall not be lost to observed.
the bankrupt's estate without some adequate consideration, and in this manner the creditors are protected. Under the circum
stances of Hunt v. Fripp, BYRNE, J., held that the assignees of THE DECISION of BYRNE, J., in Hunt v. Fripp (46 W. R. 125) the bankrupt's interest in the trust fund took it honestly, notforms an important addition to the series of cases on the power withstanding that they knew that the trustee in bankruptcy of an undischarged bankrupt to deal with property devolving upon him after the bankruptcy. Under section 44 of the Bank was not aware of such interest, and, consequently, since the ruptcy Act, 1883, such property is divisible among the creditors assignment was valid, they were entitled to call upon the
trustees of the fund to pay over the money. 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. THE LOCAL Government Board are to be congratulated on Sayer, 5 Q. B. 965) it was held in Cohen v. Mitchell (38 W. R. having begun the new year with the issue of permanent rules 551, 25 Q. B. D. 262) that, until the trustee intervenes to claim for the conduct of elections of local authorities under the Local the property, the bankrupt is at liberty to deal with it, and Government Act, 1894. Up to the present time special rules transactions respecting it entered into with any person dealing have been issued relating to these elections in each particular with the bankrupt bond fide and for value, whether with or with year; the first set of rules being applicable only to the first out knowledge of the bankruptcy, are valid against the trustee. general elections under the Act, which were held in December, In Re New Land Development Association v. Gray (40 W. R. 295, 1894; the second to the general elections in 1896 ; and the third 551 ; 1892, 2 Ch. 138) it was seen that this doctrine would lead to those of 1897. In 1895 the Board issued orders applicable to confusion if it was applied to real property, and freeholds to elections to fill casual vacancies in boards of guardians and were held to be excluded, though subsequently in Re Clayton & urban and rural district councils, and further orders to meet the Barclay (43 W. R. 549; 1895, 2 Ch. 212) it was decided that case of elections rendered necessary by the constitution of new this exclusion did not extend to leaseholds.
Iu the urban or rural districts, or by the increase in the number of case before BYRNE, J., the question arose whether the rule councillors or guardians for any district or union. These orders applied so as to protect an assignment by the bankrupt of an of 1895 merely applied the rules of 1894, with the necessary equitable interest in a trust fund, the interest having devolved modifications and adaptations. The result was that, while the upon him after the commencement of the bankruptcy. Prima general elections in each year have been conducted under rules facie it may be difficult to justify any dealing with property of framed with reference to that year only, elections to fill casual this naturo without the concurrence of the trustee, but the terms vacancies and elections of members of new district councils, in which the rule was laid down in Cohen v. Mitchell are clearly and of additional members of boards of guardians and district wide enough to include it, and it is important, as CHITTY, J., councils, have been regulated by the rules of 1894 which were pointed out in Re Clayton & Barclay, not to introduce any exception obsolete except so far as they were made applicable to these unnecessarily. “Dispositions of personal or other property,” special elections by the orders of 1895. This was unsatisfactory, said Fry, LJ., in Cohen v. Mitchell, "made by the bankrupt to and considerable skill was required to enable the officials cona person who receives them in good faith and for value must be cerned to discover the rules applicable to a given election. The valid”; and Lord ESHER, M.R, in discussing the rule, spoke of new rules provide both for the ordinary elections and, in the "property ” without any qualification. Freehold estate has, as case of district councils and guardians, for the special elections just stated, been held to be an exception for reasons incident to dealt with by the now repealed orders of 1895. 'In the case of the convoyance and vesting of such property, but in declining to parish councils, casual vacancies are filled by co-optation, and extend the exemption to leaseholds, CHITTY, J., intimated very the elections of newly-constituted councils are still regulated strongly that no further infringement should be made upon the by separate orders. The new rules fix the dates for the rule, and there seems to be no special reason for exempting ordinary annual elections by reference to the calendar : the from its operation an equitable interest in a trust fund. In polls, where necessary, are to be held on the first Monday in Hunt v. Fripp, accordingly, BYRNE, J., held that an assignment April, or, if that is Easter Monday, then on the last Monday by the bankrupt of such an interest was protected.
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 As A condition, however, of the validity of a dealing by an Monday in question. The annual parish meetings, at which the undischarged bankrupt with property which he has acquired ordinary elections of parish councillors are concluded where no since the bankruptcy, it is essential that there should be bona poll is necessary, are to be held on the first Monday after the fides on the part of the person dealing with the bankrupt. It i0th of March, or, if Easter Monday falls on the first Monday
in April, then on the first Monday after the 3rd of March; and being invalid in consequence of some technical irregularity in the county council has a similar power to vary the dates within the appointment of any of its members, it is usual to introduce certain limits. In the case of casual vacancies in district coun- in the articles of association a clause expressly validating anycils and boards of guardians, the clerk to the body in question thing done by the board under such circumstances, and, accordis to fix the date of the election; in the case of now districts ing to the decision of the Court of Appeal in Dawson v. African, and additional members of existing district councils and boards 80, Co. (Limited) (46 W. R. 132), such a clause will be conof guardians, the date is to be fixed by the returning officer for strued liberally even though it may not be easy to bring the some day within six weeks after the order constituting the dis- case in question within its exact terms. There the clause, trict or increasing the number of members comes into opera- following the common form, provided that all acts done at any tion. As to the general conduct of the elections, the new rules meeting of the directors should, notwithstanding that it should do not appear to differ substantially from the rules under which be afterwards discovered that there was some defect in the these elections have hitherto been conducted.
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 A NOVEL point was raised last week at the Eastbourne police to be a director. The articles also provided that the qualificacourt. It appears that there is a shooting gallery on the pier, tion of a director should be the holding of shares of the nominal at which, for one penny a shot, persons shoot at a mark' for value of £200, and that the office of a director should be small prizes. It fact it is just such a gallery as may be seen at vacated if he ceased to hold the necessary qualification. There any seaside place, at any fair, or on any racecourse throughout were, it appeared, three directors, A., B, and C., all of the country. The attendant, however, at the Eastbourne Pier them originally duly appointed and duly qualified. On the gallery was summoned by the Inland Revenue authorities for 17th of June last Č. transferred all his shares, and he had no carrying a gun without a licence, contrary to the provisions of qualification till the 23rd, when he again acquired the necessary the Gun Licence Act, 1870. The terms of this Act are very number of shares. On the 24th he was present with A. and B. strict, and the exceptions are very narrow, and are not material at a board meeting and acted as a director. A. and B. had to the present case. Section 7 provides that “every person power to fill up any casual vacancy, but they did not pass any who shall use or carry a gun elsewhere than in a dwelling-house resolution reappointing C., and there was, indeed, no evidence or the curtilage thereof, without having in force a licence duly that they were aware that he had become disqualified. Subsegranted to him under this Act, shall forfeit the sum of ten quently A., B., and C. passed a resolution making a call, and it pounds." Also, by section 2, the term "gun” is defined as was contended that this call was invalid by reason of C. being including," a firearm of any description, and an air gun, or any no longer a director. Undoubtedly he had, by the fact of other kind of gun from which any shot, bullet, or other missile parting with his shares, ceased to be a director, and there had can be discharged.". These words soom extremely plain, and it been no express fresh appointment, so that it could be plausibly was held by the High Court in the case of Campbeli v. Hadley (40 argued that it was not a case of a mere defect in the appoint
But this technical construc." J. P. 756) that a small pocket pistol, seven inches long, which ment which the article could cure. was little more than a more toy, and was used to shoot a minute tion of the article was not accepted by the Court of Appeal. A. shot at a mark, was a gun” within the meaning of the Act, and B. did in fact assume C. to be a director, and, had they and that the small boy who was found using the weapon was known of the circumstances, would doubtless have passed the liable to a penalty for so doing without a licence. If this little necessary resolution reappointing him. The defect, therefore, pistol was within the Act, it seems quite clear that the guns whether strictly within the terms of the clause or not, was used in shooting galleries are also within the Act. Hence, to exactly of the nature which the clause was intended to provide use or carry a gun anywhere except in a dwelling-house or the against, and the call was held to have been validly made. 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 the gun, as he clearly does when he
THE RULE IN SHELLEY'S CASE. shoots at the mark, Every boy, therefore, who tries his The application of the rule in Shelley's case has, in consequence luck in one of these galleries at a country fair is liable of the decisions of the House of Lords in Jesson v. Wright (2 to a penalty of ten pounds. This practically means that those Bli. 1) and Roddy v. Fitzgerald (6 H. L. Cas. 823) become so galleries are unlawful, and it is surprising to think how long well settled that the controversy which at the end of the last the law has been infringed with the utmost impunity. This century seriously disturbed the equanimity of FEARNE and conclusion seems almost ridiculous, but it is a plain deduction HARGRAVE has been well-nigh forgotten. The question has from the Act, and in the light of the recent proceedings it arisen again, however, in the House of Lords in Van Grutten v. seems to be the view of tho advisers of the Inland Revenue. Foxwell (1897, A. C. 658), and has furnished Lord MACNAGHTEN This view of the law, however, was too much for the common with the opportunity of recalling the ancient dispute in an sense of the Eastbourne magistrates, who, apparently, could interesting and amusing judgment. not believe that it was possible for "old Father Antic, the law,” The rule enunciated in Shelley': case (1 Rep., p. 104a), though to be so absurd, and so they dismissed the case. If the not then for the first time established, is as follows: “It is a authorities are in earnest, they will take the opinion of the rule in law, when the ancestor by any gift or conveyance takes High Court on the point. If they are not in earnest, then it an estate of freehold, and in the same gift or conveyance an was a wanton act of oppression to proceed against the East- estate is limited, either mediately or immediately, to his heirs in bourne gallery. It is submitted that a great many absurdities fee or in tail, that always in such cases the heirs' are words of might be avoided, without loss to the revenue, and with advan- limitation of the estate and not words of purchase.” To this tage to the public, by substituting for the existing personal licence statement it may be added that any expression which imports to carry a gun a small annual tax on every gun used or carried the whole succession of inheritable blood has the same effect in by any person. The first year's tax ought to be payable by the bringing the rule into operation as the word "heirs ” (see Lord gunmaker who sells the gun, who should be able to recover the MACNAGHTEN's judgment, p. 668), and that the rule applies as amount from the purchaser along with the price. This could much to limitations in a devise as to limitations in a deed. It not appreciably affect the price of guns of any value, and ought was a limitation in a devise which, in 1769, produced the revolt not to injure the gun trade, except in so far as that trade is against the rule in the decision of the King's Bench in Perrin v. hurtful to the public. It would, however, materially affect the Blake (4 Burr. 2579, 1 Coll. Jur. 283), and which led the price of those cheap revolvers and pistols which are bought for eminent real property lawyers above mentioned to apply a mere trifle, and which are so often heard of in the police-courts themselves strenuously to its defence. Was the rule and at coroners' inquests. Such a result could hardly fail to be an absolute rule of law, to be applied inflexibly with
out 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