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mentioned, it seems that the real representative, after probate any doubt as to the heirship, the real representative should or administration (see rule as to probate, ante, p. 162) has been refuse to convey, except pursuant to an order obtained un ler taken out, has the following powers :
section 3, sub-section 2, of the Act. (1) A power to sell or mortgage for the purposes of adminis- Small sales.-The Act does not relieve an administrator from tration, in aid of the personal estate, to the like extent as money responsibility in case he conveys to the wrong person. In the could be raised by the sale of real estate in an administration case of small sales, therefore, a condition making his conveyance action before the Act.
conclusive proof of heirship will be useful, and will not, it is (2). A power to assent to a devise or otherwise give effect to conceived, be deterrent. the rights of persons beneficially entitled by conveyance.
Will of real estate must be proved. The title of a devisee will (3) The like general powers of management, composition of now depend to a great extent on the probate, for although an debts, and other powers with respect to real estate and the rents executor may assent to a devise before probaté, nevertheless the and profits thereof, as a legal personal representative has with right to give the assent must be evidenced by the probate, respect to chattels real.
hence a purchaser from a devisee will in all cases insist oa To these should bó added :
probate being taken out, if it has not already been done. (4) The power of appropriation conferred by section 4 of the The power of appropriation. The power of appropriation conAct, and the following powers which, though they seem to be ferred by section 4 (1) of the Act is not applicable in the case of conferred by the Act, should not, it is conceived, be exercised intestacy. The section provides that notice of an intended by a prudent executor or administrator until the Act has been appropriation is to be given to all persons interested in the judicially interpreted, namely:
residuary estate before the appropriation is effectual. This (5) A power to lease, subject to the question whether a lease would seem, in the case of unregistered land, to make the notice is the best method of administering the assets.
part of the title to the land appropriated. Moreover, the pro(6) A power to sell or mortgage land not specifically devised vision as to notice seems to render the section worse than for the payment of legacies.
useless, inasmuch as tbere is no method for serving the notice The power of sale.— The power to sell or mortgage is paramount on persons not sui juris, or who are not in esse or ascertained. to the title of all persons claiming beneficially under the will or Before the Act an executor had power to appropriate with the on the intestacy of the deceased, and a purchaser or mortgages , consent of the person entitled to the legacy or share”: see Re in good faith is not bound to inquire as to the necessity of a sale Lepine (1892, i Ch. 210). It may now be questioned whether or mortgage; but as between the real representative and his the section has not rendered notice necessary in all cases of beneficiarios, he must exercise his powers with due regard to appropriation in respect of a legacy or share, thus fettering the their rights.
executor's original power, and in some cases rendering it im: Estate duty.—A purchaser of unregistered land from the real possible for him to exercise it. The power may, however, be of representative takes subject to estate duty, and will require a
some service where the legates is an infant or lunatic and the certificate of its payment to be produced. The question of other beneficiaries are all sui juris. estate duty raises some difficulty. Probably the real represen
Right of appeal against an appropriation.—The Act gives the tative stands in the same position as regards payment of death residuary devisees a right of appeal within the prescribed time duties as an executor does in the case of chattels real before the against a valuation and appropriation by the real representative: passing of the Act. There seems, however, to be some doubt section 4 (1). This will enable any unfair valuation to be conwhether the real representative may pay the proportion of tested. No time within which the appeal is to be made has, as estate duty which is a charge on the real estate, inasmuch as set, been prescribed. the Finance Act, 1894, s. 6 (2), in terms only enables an executor or administrator to pay it in respect of property which, by virtue of any testamentary disposition of the deceased, is under his control, or in respect of property not under his control, if the ! THE LIABILITY OF TRUSTEES FOR DEBENTUREpersons accountable for the duty request him to pay it. Now,
HOLDERS. the land is under the control of the real represontative, but it is The decision of the House of Lords in Gosling v. Gaskell (1897, 80 notwithstanding any testamentary disposition, so that the A. C. 575) is of great importance to trustees for debentureprovisions of the Finance Act, 1894, scarcely seem applicaable. holders, inasmuch as it saves them from the personal liability
Real representative a trustee.-Subject to his powers and with which, in certain not uncommon events, they were obligations, the real representative is made a trustee for the threatened by the judgments of Lord RUSSELL, C.J., and the persons beneficially interested (section 2 (1)). This provision majority of the Court of Appeal. It is now settled that where, probably preserves the rights of all persons who would be under the debenture trust deed, the trustees are empowered to interested in the real estate if the Act had not passed. It may, appoint a receiver who shall be the agent of the company, the perhaps, be doubted, however, whether one effect of making receiver is not turned into the agent of the trustees by virtue of the real representative a trustee is that on the death of a sole special provisions in the instrument of appointment designed to surviving executor intestate, the legal estate passes to his keep a check upon him in respect of moneys received and paid administrator or vests in the heir of the original testator, by him; nor does he become the agent of the trustees upon the subject to be divested on the appointment of an administrator de winding up of the company. Although, therefore, the receiver bonis non or on obtaining a vesting order.
carries on business and incurs liabilities, these are not liabilities Assent to a devise. The real representative will have a year which attach personally upon the trustees as his principals. before he can be compelled to assent to a devise, but the assent, The circumstances which have given rise to this decision are when given, will relate back to the death of the testator, so that as follows: Poole & White (Limited) borrowed the sum of the deviseo will be entitled to the rents and profits (if any) as £11,000 upon three series of debentures—£7,000 upon the first from the death : Goodove's Personal Property, 2nd ed., p. 394 ; issu“, £3,000 upon the second, and £1,000 upon the third. The Wms. Exors., 9th ed., p. 1232.
second series were charged upon the whole assets of the comAssent should be in writing.–An assent to a devise may be pany, and were secured by a trust deed dated the 18th of May, verbal or implied (section 3 (1)) except, it is conceived, where 1892, of which two members of the banking firm of Goslings & the devise is in terms residuary. An assent should in practice, Sharpe were trustees. By this deed certain powers were conhowever, be in writing, whether the devise is specific or ferred upon the trustees in the event of the security becoming residuary, as a purchaser from the devisee must have evidence enforceable, and, even though it had not become enforceable, in writing of the assent to complete his title. An assent can the trustees were authorized, upon certifying that in their only be given to a devise ; a conveyance will be required in all opinion the security was endangered, to appoint a receiver who
was to enter into possession of the mortgaged assets and to Assent where real representative is beneficially entitled.-An carry on the business of the company. It was expressly proassent will be necessary oven where the real representative is vided that any person so appointed was to be the agent of the himself beneficially entitlo:l: Wms. Exors., 9th ed., p. 1233. company, who alono were to be liable for his acts and defaults.
Doubt as to heirship. In the case of intestacy where there is In July, 1892, the trustees certified that the security was en
dangered, and appointed KELLY receiver. The instrument the company. Moreover, although after the winding up the of appointment contained provisions which were not in company could no longer be the principal in the contracts the trust deed, to the effect that the receiver should open entered into by KELLY, yet it did not thereby follow that the an account at the trustees' bank into which all monoys re- trustees forth with became his principals. He was appointed by ceived were to be forth with paid, and that both receipts them expressly on the footing that they were not to be his and cheques should be countersigned by a specified person. principals
, and the House of Lords declined to allow that they The company accepted the appointment by putting KELLY must necessarily step into a position which the company could into possession of its assets and transferring to him the con- no longer fill." It is apparently assumed," said Lord Halsduct of its business, and from that time till February, 1895, BURY, O., "that immediately on the winding-up order Mr. he carried on the business as the “receiver of Poole & White KELLY, who, it is assumed, had been up to that time the agent (Limited).” In September, 1892, a winding-up petition was for the company (as indeed he was so described, and as by the presented, and in the course of the same month an order was terms of the mortgage-deed he was bound to be), suddenly made, but neither the liquidator nor the first debenture-holders became the agent of the trustees. That no now authority was interfered with KELLY's management of the business, and he in fact given to Mr. KELLY is admitted, but why the making continued to carry it on without any variation save that after of the order to wind up the company should suddenly convert September, 1893, the provision for the counter-signature of Mr. KELLY, who was there as the agent of the company, into receipts and cheques was not insisted upon. Between December, the agent of the trustees is a problem that I have not been able 1893, and January, 1895, goods were supplied to KELLY in his to solve.” capacity of receiver by GASKELL and another, and the action of
Of course no express authority from the trustees to Kelly Gaskell v. Gosling was brought against the trustees of the second would have been necessary in order to convert him into their debenture trust deed to recover £488, the balance of the price agent had it been possible to show that under the circumstances of the goods. It was held by Lord RUSSELL, C.J., that, in of the case he was carrying on the business under an implied respect of the business carried on by KELLY after the winding authority, but this could only be done by adopting a line of up, he was the agent of the trustees. Hence, since all the argument which since Cox v. Hickman (H. L. Č. 268) has goods in question were supplied after that date, they were liable been untenable. Formerly it would have been possible to urge to pay the plaintiffs' claim, and judgment was given that KELLY was carrying on the business for the benefit of the accordingly.
trustees, and that consequently the business was theirs, and In the Court of Appeal this result was affirmed by a majority they were subject to its liabilities. But under the similar (Lord. ESHER, M.R., and LOPES, L.J.), though an elaborate circumstances of Cox v. Hickman, where a business was being disseutient judgment, which has practically been adopted by carried on under the provisions of a trust deed by which the the House of Lords, was delivered by RIGBY, L.J. 'In the profits were to be applied, first in payment of creditors, and opinion of Lord Esher the restraint upon the receiver with then the assets were to be re-transferred to the company, it was respect to receipts and cheques deprived him of the freedom in held that the business was not carried on on behalf of the respect of the business of the company which was contemplated creditors so as to impose upon them the liability of partners. by the trust deed, with the result that he was not in fact a The test of liability, it was pointed out, was not whether receiver under the deed, and so the trustees were not entitled the creditors entitled to participate in profits, to the benefit of the provision that he was to be the agent of but whether the business was
carried on by persons the company. This point, however, was not, in fact, necessary acting on their behalf, and this test was not satisfied for the decision, both Lord Esher and Lord Justice LOPES being by the fact that the creditors were to benefit by the business. of opinion that, whatever was KELLY's position before the "The mere concurrence," said Lord CRANWORTH, of creditors winding up, yet afterwards, since the company was precluded in an arrangement under which they permit their debtor, or from carrying on business, he ceased to be agent for the com- trustees for their debtor, to continue his trade, applying the pany and became agent for the trustees.
profits in discharge of their demande, does not make them To some extent, doubtless, this result was founded upon the partners with their debtor or the trustees. The debtor is still special circumstances of the case. The trustees were cognizant the person solely interested in the profits, save only that he has of the winding up and of KELLY's continuance as manager of mortgaged them to his creditors. He receives the benefit of the business, and the banking arrangements indicated a direct the profits as they accrue, though he has precluded himself from approval of such continuance. But these or similar circum. applying them to any other purpose than the discharge of his stances are by no means uncommon, and in any case where a debts. The trade is not carried on by or on account of the winding up supervenes upon the appointment of a receiver and creditors ; though their consent is necessary in such a case, for manager of a business by trustees for the debenture-holders, it without it all the property might be seized by them in execution. is probable that there would be enough to fix the trustees with But the trade still remains the trade of the debtor or his liability for debts contracted after the winding up if the decision trustees ; the debter or his trustees are the persons by or on of the Lord Chief Justice and of the majority of the Court of behalf of whom it is carried on.” This principle is further Appeal had been correct. Thus trustees would have been illustrated by the judgment of the Privy Council in Mollwo, placed in a more onerous position than they contemplated when March, f. Co. v. The Court of Wards (L. R. 4 P. C. 419), and it undertaking the duties of the office, and to a large extent they conclusively shows that in such a case as Gosling v. Gaskell the would have been deprived of the benefit of the settled practice mere right of the debenture trustees as creditors to participate that a mortgagee, in appointing a receiver, appoints him as in the profits of the business does not make them the principals agent of the mortgagor, and himself incurs no liability in conse of the person by whom it is being carried on. There being thus quence of the appointment. Such a result, however, has been neither an express nor an implied authority for KELLY to carry averted by the decision of the House of Lords. The two points on the business on behalf of the trustees for the debentureupon which the judgment of Lord ESHER was based are both holders, no liability for the debts contracted by him attached held to be unsound. The provisions with respect to the counter- upon the trustees, and the decision of the Court of Appeal was signing of receipts and cheques were not intended, in the words reversed. A different result would havə made the position of of Lord HERSCHELL, "to reserve to the trustees any control over debenture trustees one of much difficulty. As the law now the management of the business, but only to act as a check to stands, they can safely rely upon the usual provision that a prevent any improper use by the receiver of the moneys of the receiver appointed by them shall be the agent of the company conipany and to insure that they should be properly applied.” without the necessity of at once stopping the business in the While, even if these provisions went beyond the powers con- event of the company being wound up. ferred upon the trustees by the trust deed, so as to entitle the company to object to the appointment, yet no such objection was taken. The provisions, indeed, were as much for the benefit of the company as of the debenture-holders, and, notwithstanding Leonards Law Students' Society, at which the Lord Chief Justice, who is
It is arranged that the annual dinner of the Hastings and St. the inclusion of the special provisions in the instrument of president, will take the chair, will be held on Friday, January 21, at the appointment, the appointment was accepted and acted upon by Queen's Hotel. Lord Russell will propose the toast of the evening:
ho Of It does not seem to be sufficiently known that the system of
THE LAND TRANSFER ACT, 1897.
[To the Editor of the Solicitors' Journal.] MENT BY THE MOST EMINENT LEGAL AUTHORITIES. Under the
Sir,-If the selected area for the experimental trial of compulsory General Editorship of A. Wood R ON, M.A
Barristerat-Law. Vol. iv.: COUNTY DISTRICT TO EMPLOYERS AND
registration of title be limited to so much of the county of London WORKMEN. London : Sweet & Maxwell (Limited); Edinburgh : necessity to increase the present staff at the Land Registry, which
as lies within the geographical county of Middlesex, there will be no Wm. Green & Sons.
has for some years performed also the duties of Registrar of Deeds The present volume of the New Abridgment shews no falling off for Middlesex. For whatever land is, as the result of sales, placed in the care with which the articles are prepared. Some of them, upon the register under the Land Transfer Acts will cease to be subindeed, are admirable specimens of the manner in which the essence ject to the registration of deeds. Consequently, the work of the one of the law and the authorities upon a complicated and difficult office will be lightened in exact proportion to the increase in the subject can be given within a comparatively small compass. Among other, and, if registration of title prove a failure and be repealed, the the more important articles are those by Mr. Foa on Covenants in staff will simply resume their present duties and there will be no Leases and on Distress ; by Mr. D. M. Kerby on Custom; by Mr. increased cost to bear. Blake Odgers, Q.C., on Damages; by Mr. Frank Evans on Deben- If the compulsory area be elsewhere, a new office will have to be tures ; by Mr. T. Cyprian Williams on Deeds; and by Mr. Justice provided and a new staff organized, and, in the event of failure, proPhillimore and Mr. G. G. Phillimore on Demurrage. The subject of vision will have to be made for these elsewhere. Easements is shortly treated by Mr. J. L. Goddard, and the practice This is one of the many arguments which have led me to advocate with reference to the summons for directions is very well brought up to the restricted area. date by an article by Mr. F. A. Stringer. "Employers and Workmen" The Act of 1897 (section 20, sub-section 10) contemplates the looks like a promising title, but it is dismissed in a page, the subject utilization of any existing land registry, and appears to point to being really scattered among a number of separate articles, references Middlesex or Yorkshire as the area to be selected for experiment, to which are given. It is curious that the subject of covenanta in 10, Lincoln's-inn, London, Jan. 7.
BENJ. G. LAKE. general, as distinguished from covenants in leases, should not be accorded the honour of a separate title, and there does not seem to be any reference, except perhaps at p. 25 in the course of the article on
[To the Editor of the Solicitors' Journal.] Covenants in Leases, to guide the reader to a statement of the law of covenants running with the land. The half-page on Egypt, to which that has appeared in the press, states that the ordnance survey
Sir,-Mr. Fortescue-Brickdale, the deputy registrar, in a letter attention is called as one of the principal articles, is disappointing, will be used in registration under the Land Transfer Act." As and the New Abridgment need hardly have prefaced this meagre in- ordnance maps are not admitted as evidence in our courts, I would formation with the remark that Egypt is a country at the north- like to ask him what will be the value of a plan on a certificate or & eastern extremity of Africa.” The subject, if it was to bo intro- deed which has been copied from the ordnance map if the certificate duced at all, deserved better treatment. There is an interesting note by Mr. C. Fisk Beach, jun., of the
or New York har, on Eminent Domain, a phrase well known in American law, although hardly acclimatized with us; and the article on Death registration of title created by the English Acts is wholly different to Daties, by Mr. W.F. Craies, with its clearly-arranged account of the colonies or in any foreign country. The registries abroad recognize
the systems, whether compulsory or permissive, in operation in our various duties now payable, will be found useful.
only an absolute title. As it was found to be practically impossible to register such a title in this country, provision is made for registering a title either as (a) absolute, (b) qualified, (c) posses
sory. It is admitted that if registration of title is made compulsory STATUTE LAW.
in the county of London, purchasers will only apply for possessory PATERSON'S PRACTICAL STATUTES. THE PRACTICAL STATUTES OF titles as being the cheapest and quickest obtainable. It is further
THE SESSION 1897 (60 & 61 VICTORIA). WITH INTRODUCTIONS, admitted that possessory titles will have no present value, but it is NOTES, TABLES OF STATUTES REPEALED AND SUBJECTS ALTERED, suggested that in course of years they may grow into value. In the LISTS OF LOCAL AND PERSONAL AND PRIVATE ACTS, AND A COPIOUS meantime the title will have to be investigated and deeds will have INDEX. Edited by JAMES SUTHERLAND COTTON, Barrister-at- to be prepared under the present system. As resort will only be had Law, Horace Cox.
to the registry after the deeds are completed, it is well the public The statutes of 1897
do not afford much scope for editorial explana- should know what the additional costs are likely to be that they will tion and comment. The Session produced only two Acts of first have to pay for the problematical benefit, which is the most that is importance – the Workmen's Compensation Act and the Land promised under the new Act. I enclose a table I have compiled, Transfer Act. Mr. Cotton has prefaced the former with a full state- which gives the fees now payable on purchases between £75 and ment of the new principle which it introduces into the relation of £1,000 and the additional amounts that will, at the least, be payable employer and workman, and has furnished references which will shew if registration is made compulsory. It will be noticed that the the changes it has effected in the Employers' Liability Act, 1880. expenses will be increased some 30 per cent. To complete the Annotations have also been added to the Land Transfer Act and other calculations I have estimated the solicitor's additional remuneration at Acts, such as the Weights and Measures (Metric System) Act and the 6s. per cent., the same amount as is to be charged for registration Infant Life Protection Act. The series gives the statutes in a very carrying technical matters tbrough a Government department will
fees. Anyone who has had any experience of the worry and delay of convenient form.
admit that, in such cases as I am referring to, the solicitor's remuneration will be but a purely nominal one
limited in accorBOOKS RECEIVED. dance with my estimate.
J. S. RUBINSTEIN. Ruling Cases. Arranged, Annotated, and Edited by ROBERT
The following is the table referred to by our correspondent: CAMPBELL, M.A., Barrister-at-Law, assisted by other Members of freehold property from £75 to £1,000 and the additional amount:
Table showing the charges at present payable on the purchase of the Bar. With American Notes by Irving Browne. Vol. XIII. : that will, at the least, be payable if registration of title is made Infant– Insurance. Stevens & Sons (Limited). Price 25s. net.
compulsory in London: A Treatise on the Law Relating to Debentures and Debenture Purchase
Total amount of Future Stock issued by Trading and Public Companies and by Local
Charges. Authorities, with Forms and Precedents. By PAUL FREDERICK £
£ 8. d.
£ 8. d. SIMONSON, M.A., Barrister-at Law. Effingham Wilson; Sweet 75
3 7 6
4 0 0 & Maxwell (Limited).
6 4 6
7 6 6 Hints to Young Valuers. A Practical Treatise on the Valuation of
8 8 6 Property. By ANTHONY RICHARD CRAGG, F.G.S. With Explana
10 10 6 tions of the Legal Principles involved. By JAMES ROBERT VERNAM
13 2 6 MARCHANT, M.A., Barrister-at-Law. The Land Agents' Record
15 14 6 (Limited).
18 6 6 Precedents of General Requisitions on Title, with Eplanatory Notes
20 18 6 and Observations. By HERBERT A. DICKINS, Solicitor. Second
23 10 6 Edition. Stevens & Sons (Limited). Price 5s.
1,000 20 0 0
6 2 6
26 2 6
These charges are made up of the scale charges allowed under the at all. Broadbent and Carpenter, the mortgagees, had entered into an Solicitors' Remuneration Act, 1881, and the ad valorem stamp duty agreement for a mortgage to secure £7,000, which agreement might, no of 10s. per cent.
have resulted in a draft mortgage framed differently from this † These charges are made up as follows : 28. 6d. the costs of an ord - one. The draft was submitted to the parties' solicitors in the usual nance map, 6s. per cent. on the purchase-money for registration way, and was ultimately executed ; and all that we have to do is to look fees, and a like per centage, the estimated costs payable to the pur
It contains a covenant to pay
at the mortgage deed and see what it says. chaser's solicitor of and incident to the work of carrying through and 5 per cent. and afterwards to pay interest at 5 per cent. on the 15th of
on the 15th of August, 1897, the principal sum of £7,000 with interest at completing the registration.
February and the 15th of August. Therefore, if the plaintiffs did not pay on the 15th of August an action could be brought on the 16th. That
might have been rather sharp practice, but legally such an action would TITLE OF ACTION IN WHICH THERE IS AN INFANT lie. Then there is this proviso [His lordship read the proviso above set DEFENDANT.
out, and continued :] That means if in the meantime every half-yearly
payment shall be paid on the day on which it becomes due. It cannot [To the Editor of the Solicitors' Journal.]
mean anything else. There is no authority to the contrary. I Sir,-I am at present acting in two Chancery actions, in both of do not think we want any authority to show that “ punctually” which there is an infant defendant who has appeared by his means punctually on the day fixed. There is no authority that guardian ad litem. The first of these actions is in the Liverpool it does not mean that. The money was not paid on the day named, District Registry of the Chancery Division of the High Court of
or for several days after. Moreover, no provision at all was made Justice, and Mr. Registrar Lowndes in all proceedings subsequent to for payment -- the mortgagors being
the mortgagors being a limited company – on the such appearance adopts the course of adding in the heading or title first 15th of August, and there being no payment, and no sign of of the action, after the name of the infant, the following words : “By which they were justified in doing. Under the pressure of that notice
payment, the mortgagees on the 20th served notice calling in their money, A. B., his guardian, ad litem.”
the mortgagors paid. Cau it, then, be right to say that the mortgagees The other case is in the Liverpool District of the Palatine Court,
are not entitled to call in the money on the terms of this mortgage? The and Mr. Registrar Taylor has declined to allow such words to be mortgagors have only themselves to blame if they are put to any inconadded in the title after the name of the infant, on the ground that venience in consequence of their neglect to discharge their debt according there is no jurisdiction to alter the heading, and also that it is un- to the tenour of the deed. I think the learned judge has gone a great necessary, as an infant must necessarily appear by a guardian ad deal too far in granting this injunction. The appeal must be allowed, litem.
with costs here and below. Which of these courses is correct? My experience would tend to RIGBY and VAUGHAN WILLIAMS, L.JJ., delivered judgment to the same show that that adopted by Mr. Registrar Lowndes was preferable, as effect.-Counsel, Bramwell Davis, Q.C., and A. ). Allen; Warrington, for many reasons it is much better to have on the face of the order Q.C., and C. Church. SOLICITORS, Goodale f: Hobson, for Butte th, Rose, or judgment a statement who is the guardian ad litem for the infant, & Co., Swindon ; George B. W. Digby. and that is the course which I have always myself adopted in all
[Reported by R. C. MACKENZIE, Barrister-at-Law.] cases in which I have been engaged, but I find the practice alters so much nowadays that I should like to be quite sure which is the more correct view.
ARTHUR S. MATHER. Liverpool, Jan. 12.
LAW STUDENTS' JOURNAL.
COUNCIL OF LEGAL EDUCATION.
As the result of the Hilary Honour and Pass examinations, held at the
Middle Temple on the 14th, 15th, 16th, and 17th ult., the Council of
Legal Education have made the following awards :
HILARY HONOUR EXAMINATION.
To Andrew H. Withers, Lincolu's-inn, a studentship of 100 guineas a
year, tenable for three years; and to Alfred E. W. Hazel, Lincoln's-inn, MORTGAGE-PRINCIPAL NOT BE CALLED IN FOR THREE YEARS IF
a special prize of £50 for the best examination in Constitutional Law INTEREST PAID “PUNCTUALLY"_PAYMENT WITHIN REASONABLE TIME (English and Colonial) and Legal History ; also certificates of honour to AFTER DUE DATB, WHETHER “PUNCTUAL”-INJUNCTION TO RESTRAIN Alfred E. W. Hazel, Lincoln's-inn, Michael E. Lange, Lincolo's-inn, and SALE BY MORTGAGEE.
Arthur Stiebel, Inner Temple ; and pass certificates to Sydney 0. N. This was an appeal from a decision of Kekewich, J. (reported ante, p. Goodman, Gray’s-inn, and Maung Tha Gywe, Gray'e-ipn, 115), who had granted an injunction to restrain the defendants from sell- Mr. Hazel would have obtained the Etudentship had he not been ing or advertising for sale certain premises comprised in an indenture of disqualified by age. mortgoge dated the 15th of February, 1897, and made between the plain
Pass CERTIFICATES. tiffs of the one part and the defendants of the other part. The mortgage LINCOLN'S-INN.-Hardeo Sahai Agarwala, John H. N. Armstrong, contained a proviso that “it is hereby agreed that payment of the princi. Mohammed Azim, Abdul Aziz, Merwanjee Mancherjee Maowanjee pal money bereby secured shall not be required by the mortgagees or any Bhownaggree, Tribhovandas Manekchand Dosbi, Walter L. R. G. Everitt, person claiming under them” within three years from the date of the William E. Hollams, Syed Ali Karim, Pandit Bishan Lal Kaul, William mortgage if in the meantime every half-yearly payment of interest shall K. Lemon, George E. Leon, Dudley F. Nevill, Bhalabhai Bhailalbhai be punctual.y paid.”.. The first balf-yearly payment of interest fell due Patel, Jeshingbhai Bhaibabhai Patel, Paul B. Pillai, William R. on the 15th of August, 1897, and the money was not then paid. On the Southeard, Walter Strachan, Valentine F. Taubman-Goldie, and Mohanlal 16th the plaintiff Broadbent wrote to the secretary of the company asking Jivanlal Vakil. for immediate payment, and on the 17th the secretary replied that be
INNER TEMPLE. - Joseph 0. Andrews, Nalina Kanta Banerjee, Arthur would submit the matter to the next meeting of directors. On the 20th A. Barnard, William T. Barneby, John H. Barron, Godfrey R. Benson, Broadbent gave the secretary notice calling in the mortgage money. On Jannes Bradbury, Angus Campbell, Thomas S. A. Canney, Arthur C. the 24th one Musgrave, a director of the company, sent the defendants a Carrara, Kenneth E. Chalmers, George H. Day, George C. Deane,
Stuart cheqne for the interest. The defendants accepted the cheque, but claimed Downs, Samuel J. Forster, James 1. Fox, Arthur G. Frazer, Herbert to enforce their notice. In November, 1897, the plaintiff company issued O.W. Grimshaw, Henry S. Hartnoll, Syed Hasan, Acheson F. Henderson, a writ, claiming a declaration that the defendants were not entitled to Frederick T. H. Henlė, the Hon. Anthony M. Henley, Gerard R. Hill, require payment of the principal moneys under the mortgage. The plain. Shivalinga Chambasappa Hosali, George C. Jobling, Gilbert Jorday, Carl tiff company contended that “punctual” payment meant only payment W. T. B. Juta, Robert C. Lane, Percy W, F. Le Breton, Ewen R. Logan, on or within a reasonable time after the day named, and that if the true
Lascelles A. Lucas, John C. B, Luxmoore, Foster M. Mahon, Phiroze construction of the mortgage was not in accordance with their conten- Bebramji Malabari, Arthur G. Mathews, Robert P. B. Methven, George E. tion the deed should be rectified. They moved for an injunction to Morris, Harold S. Morris, Nicholas P. A. Murphy, Denis Newman, Frank restrain the sale threatened by the defendants. Kekewich, J., held that H. Newnes, Robert C. P. Ramsden, George S. Robertson, William A. “punctual” meant at or within a reasonable time after the time Russell, Anthony A. Sanderson, James Stratford, George H. V, Suthernamed, and granted the injunction. The defendants appealed. It was land, George R. Toller, and Rustum Dossabhoy Nusserwanjee Wadia, admitted that if a proper notice calling in the money had been given it MIDDLE TEMPLE.–Frank D. Bird, Alexander Cairns, John B. Davies, had never been waived.
Percy G. De Worms, George F. W.L Dillon, Manilal Motichand Doshi, The Court (LINDLEY, M. R., and Ricky and VAUGHAN WILLIAMS, L.JJ.) Charles H. Edwards, Sheikh Ahmad Hussain, Matthew H. S. Josephs, allowed the appeal.
Gwyn Morris, William H. Owen, Ernest W. Perkins, Deep Narayan LINDLEY, M.R., said: I do not think we need hear any reply in this Singb, and George P. W. Terry. case, which I think is a singularly plain one. In the first place, the GRAY'S-INN.–Bijay Kisor Acharyya, Edwin Austin, Ali Akbar Hussanquestion arises what documents we are to look at. Are we to treat this ally, Louis J. Madelon, Daniel J. O'Brien, and Mahatab Singh. as a suit for rectification? Is there any even plausible ground for holding The number examined was 122, of whom 90 passed. Six candidates the mortgagees' hands and telling them that they are not to call in their were ordered not to be admitted for examination again until the Trinity money? Mr. Warrington felt so little confidence in that argument that examination, 1898. he did not even allude to it; but his junior has put it forward. So far as The “J. Í. Powell” (Middle Temple) Prize was awarded to Frank D. we can judge from the materials before us, I think there is nothing in it | Bird, Middle Temple.
The following passed in Constitutional Law and Legal History only : White), Guildford. Dec. 20. In future such business will be carried on
LINCOLN'S-INN.--Alfred L. Cohn, Shekoh Sahibzadah Mohamed Dara, by the said Gilbert Henry White, the said Thomas Blanco White carry. Anthony de Freitas, Sam S. Kay, Álan C. Nesbitt, and Chaturbhai Bhai- ing on such business at 59 and 60, Chancery-lane. [Gazette, Jan. 7. lalbhai Patel.
ALPHBUS HENRY ROBOTHAM, Matthew Attwood, and William Blews Inner Temple.—Edward G. Bear, Henry R. Bramley, Charles W. ROBOTHAM, solicitors (Robotham, Attwood, & Robotham), Derby. So far Cayzer, Edward H. Chapman, Isaac R. Davies, Richard Feetham, John E.
as regards the said Matthew Attwood, who retires from the firm; the said Godfrey, George W. Grabam, Alfred A. Hildesheimer, William E. Hirst, Alpheus Henry Robotham and William Blews Robotham will continue Arthur G. Jamieson, Gerald E. Mills, James R. Mitchell, John J. 0. the said business under the style or firm of Robotham & Co. Jan. 1. Murphy, Jocelyn B. Pelbam, Charles Í. L. Rudd, E. Strangman, Henry 0. K. Webber, and John Wilson.
FREDERICK GEORGE and STOWERS WILLIAM JACKSON, solicitors, Stratford, MIDDLE TEMPLE.-Shaikh Saiduddin Abmed, Syud Aminuddin Ahmed and 15, New Broad-street, London, Dec. 31. The business will be Asghur, Patrick J. Blair, Samuel E. Bray, Valentine Browne, William A. henceforth carried on by the said Frederick George alone. F. Balfour Browne, Stephen 0. Henn Collins, Sir John Keane, Vincent
[Gazette, Jan. 11. D. Knowles, Philip B. Morle, John Pollen, and Michael P. Walsh. GRAY's-INN.-Surendra Nath Haldar, Ruttilal Brijlal Majmudar, Noel
GENERAL, Middletɔn, Mehar Chand Pebra, Romes Chandra Sen, and Restamji Khar. shedji Tarachand.
Lord Justice A. L. Smith was unable to be present at the opening of Of 62 examined 43 passed. Two candidates were ordered not to be the sittings owing to an attack of influenza. admitted for examination again until the Trinity examination, 1898 The following passed in Roman Law and Constitutional Law and Legal benchers of Lincoln's-ion on the “Grand Day" of Hilary Term, on
The Lord Chancellor will dine with the treasurer, Lord Davey, and the History : LINCOLN'S-INN.–Arthur H. Lemon and Jayavant Dinanath Madgavkar.
Tuesday next. INNER TEMPLE.-Francis Bradley-Birt, David MacIvor, Andrew J. The Albany Law Journal records the retirement of Chief Judge Charles M'Culloch, and Frederick C. H. O. Sinclair.
Andrews, of the New York Court of Appeals, after a continuous service MIDDLE TEMPLE.-James D. Pennington.
covering twenty-seven years. He had complet:d his term of office by GRAY's-INN.-Charles O. Blagden, Bernard Campion, Shadi Lal, Walter reason of having reached the constitutional age limit of seventy years. M. Thorburn, and Joseph A. Vaz. Of 29 examined 12 passed. Two candidates were postponed until the North-Eastern Circuit to Mr. Justice Ridley at the Whitehall Rooms, on
Among those who wil be present at the dinner to be given by the Trinity examination, *1898, and one candidate until the Michaelmas the 26th inst., are the Lord Chief Justice of England, the Speaker, Lord cxamination, 1898. The following passed in Roman Law:
Justice Henn Collins, Mr. Justice Wright, Mr. Justice Bruce, Mr. Justice LINCOLN's-INN.-Merwanji Rustanji Boyce, Everard W. Fichardt, Chen Kennedy, and Mr. Justice Bigham. Ivan, Abdul Ghafar Pirzado, Walter W. Renshaw, and Mubammed On the 7th inst. Mr. Henry George Smallman, solicitor, of 3 and 4, Abdullah Shab.
Queen-street, Cheapside, who had filled the chair of the City Commission INNER TEMPLE.-Kington Baker, Arthur G. Blake, Frederick W. of Sewers for the last year of that ancient body's existence, was, subject Brambeer, John E. Clauson, William J. Dalzell-Burnyeat, Robert B. to the approval of the Court of Aldermen, elected an alderman of the City Drabble, John P. Foster, Richard B. Murphy, and Pestopjee Sorahjee of London. Mr. Smallman, in returning thanks, said that, having practi
cally retired from business, he would be able to devote the whole of his MIDDLE TEMPLE.-Henry 8. B. Buée, Sydney Davey, Thomas Fentem, time to the work of the aldermanic office. Robert N. Green-Armytage, Joseph E. Lilley, Malcolm B. Milne, John A. Moore, Julius E. Pitcher, George C. Whiteley, Walter S. Wilkinson, made to set aside the verdict of a jury on the ground that the plaintiff's
A Boston paper states that in the New York courts a motion has been Frederick J. Willis, and Hugo Worthington.
GRAY's-INN.—Percy E. Barton, Edward H. Coumbe, Raghubar Dayal, lawyer winked at a juror while making bis plea, and the juror winked Martin O'Connor, Peter H. Roberts, Charles F. Rorke, Laxmidap Rowji back at him. The court allowed that this was a serious offence, but it Sapat, Harichand Nathubhai Shah, Carleton 8. Smith, and Cullyanji appeared in the course of the evidence introduced on the subject that both Musanji Thacker.
the lawyer and the juror were afflicted with a facial trouble that involunof 58 examined 37 passed. Five candidates were postponed until the tarily caused the muscles of the face to twitch. The court still has the Trinity examination, *1898, and three candidates until the Michaelmas sub'ect under consideration. examination, 1898.
An odd case, says the Globe, is reported from Lille. A chemist, named Payelle, who weighs 340lb., recently bought a third-class ticket for a
railway journey, but found the doors of both the third and the secondLAW STUDENTS' SOCIETIES.
class compartments too narrow to admit him. So he squeezed into a first, LAW STUDENTS' DEBATING SOCIETY. -- Jan. 11 Chairman, Mr. c. and refused to pay the excess. The company therefore sued him for the Herbert-Smith.-The subject for debate was : “That appointments to balance of the fare, their contention being that as a first-class compartJudicial office should not be influenced by political considerations.” Mr. ment alone would receive him, he ought to have booked first-class. The Neville Tebbutt opened in the affirmative; and Mr. William Wilde court supported the company, and gave judgment against the chemist. opened in the negative. The following members also spoke : Messrs. G. H. Daniell, 0. A. Cohen, J. S. Wilkinson, C. A. Anderson, E. R.
Mr. Justice Gorell Barnes, says the Times, on taking his seat at the comTaylor, A. Sim'y, and A. E. Clarke. The motion was carried' by five mencement of the sittings, said that it might be convenient to mention votes.
that, in addition to summonses being iu future taken on Saturdays, cases to be heard in camera and applications as to the custody of children and other matters of a similar nature might also be taken on that day in
Chambers. Probate cases in which merely a "notice to cross-examine LEGAL NEWS.
had been given would be taken in court on Mondays in addition to the
other business. With regard to the new regulations which had been APPOINTMENTS.
issued to prevent the overcrowding of this court, they would be strictly Mr. J. E. Anthony, solicitor, of 19, Lincoln's-inn-fields, W.C., and posted up in court: "Notice.-1. The passages of this court are to be
enforced. The “ new regulations” referred to are as follows, and are East Dulwich, has been appointed a Commissioner for Oaths. Mr. Anthony was admitted in 1891.
kept clear, and no persons other than barristers in robes are allowed to
remain standing about the court, excep: behind the last row of seats. 2, Messrs. J. & C. NESBITT, solicitors, of Abergavenny, have been appointed The seats in court behind those allotted to counsel are exclusively reserved Commissioners to Administer Oaths.
for persons engaged in the case which is being heard, and, if there be Mr. Macrony, Q.C., has been appointed Chairman of the Board of room, for other persons engaged in the remaining cases in the day's list. Examiners for the Admission of Students to the Inps of Court, in succeg
3. The daily lists of cases to be heard will be made out in the room of the sion to Sir Peter Edlin, Q C.
clerk of the rules. Persons baving applications to make to the registrar Mr. Francis John Collinson, barrister, has been appointed Assistant- them at the rooms of these officials, and not in court.-By order."
attending the court, or clerk of the rules, must, as far as possible, make Judge of her Majesty's Court for Zanzibar.
The City Lands Committee of the Corporation have brought up a
report to that body on the subject of renewable leases of the City's proCHANGES IN PARTNERSHIPS.
perty. In 1888 the Corporation agreed to a scheme, in relation to the proDISSOLUTIONS.
perty belonging to the Corporation held on leases renewable for ever, by
which lessees were enabled on certain terms to commute the future fines JOHN COOPER, John FREDERICK COOPER, and Robert SIMMONS, solicitors payable by them. The persons interested were duly communicated with, (Cooper, Son, & Simmons), Henley-on-Thames and Caversham. Dec. 31. and many had embraced the opportunity thus affyrded them of relief from
CHARLES MARSHALL Dix and William Henry Warlow, sclicitors (Dix conditions which involved periodical expenses and imperilled the perpetuity & Warlow), 6, Old Jewry, London. Jan. 5.
of their leases. The lessees on the Conduit Mead Estate were offered Edmund Garrait Wilson and Henry Arthur Pope Genge, solicitors first provided for the granting of au eighty years' lease, renewable for her
under the scheme a choice of two modes of commuting the fines. The (Wilson & Genge), Norfolk House, Victoria-embankment, London, and at further term of eighty years, and so on for
the payment of the Epsom. Dec. 31. The late partners will in future practice separately, prosent value of all future fines payable under existing leases calculated the said Edmund Garratt Wilson at Epsom aforesaid, and the said Henry on a 3 per cent. table plus one year's rack-rent of the property. The Arthur Pope Genge at Norfolk House afores aid.
other alternative provided for the grantiog of a similar lease for eighty Thomas BųAN co White and GILBERT HENRY White, solicitors (White & 1 years on payment of an increased annual rental, equivalent to the present