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mentioned, it seems that the real representative, after probate or administration (see rule as to probate, ante, p. 162) has been taken out, has the following powers:

(1) A power to sell or mortgage for the purposes of administration, in aid of the personal estate, to the like extent as money could be raised by the sale of real estate in an administration action before the Act.

(2) A power to assent to a devise or otherwise give effect to the rights of persons beneficially entitled by conveyance.

(3) The like general powers of management, composition of debts, and other powers with respect to real estate and the rents and profits thereof, as a legal personal representative has with respect to chattels real.

To these should be added:

(4) The power of appropriation conferred by section 4 of the Act, and the following powers which, though they seem to be conferred by the Act, should not, it is conceived, be exercised by a prudent executor or administrator until the Act has been judicially interpreted, namely:

(5) A power to lease, subject to the question whether a lease is the best method of administering the assets.

(6) A power to sell or mortgage land not specifically devised for the payment of legacies.

The power of sale.-The power to sell or mortgage is paramount to the title of all persons claiming beneficially under the will or on the intestacy of the deceased, and a purchaser or mortgagee | in good faith is not bound to inquire as to the necessity of a sale or mortgage; but as between the real representative and his beneficiaries, he must exercise his powers with due regard to their rights.

Estate duty.-A purchaser of unregistered land from the real representative takes subject to estate duty, and will require a certificate of its payment to be produced. The question of estate duty raises some difficulty. Probably the real representative stands in the same position as regards payment of death duties as an executor does in the case of chattels real before the passing of the Act. There seems, however, to be some doubt whether the real representative may pay the proportion of estate duty which is a charge on the real estate, inasmuch as 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 persons accountable for the duty request him to pay it. Now, the land is under the control of the real representative, but it is so notwithstanding any testamentary disposition, so that the provisions of the Finance Act, 1894, scarcely seem applicaable. Real representative a trustee.-Subject to his powers and obligations, the real representative is made a trustee for the persons beneficially interested (section 2 (1)). This provision probably preserves the rights of all persons who would be interested in the real estate if the Act had not passed. It may, perhaps, be doubted, however, whether one effect of making the real representative a trustee is that on the death of a sole surviving executor intestate, the legal estate passes to his administrator or vests in the heir of the original testator, subject to be divested on the appointment of an administrator de bonis non or on obtaining a vesting order.

Assent to a devise. The real representative will have a year before he can be compelled to assent to a devise, but the assent, when given, will relate back to the death of the testator, so that the devisee will be entitled to the rents and profits (if any) as from the death: Goodeve's Personal Property, 2nd ed., p. 394; Wms. Exors., 9th ed., p. 1232.

Assent should be in writing.-An assent to a devise may be verbal or implied (section 3 (1)) except, it is conceived, where the devise is in terms residuary. An assent should in practice, however, be in writing, whether the devise is specific or residuary, as a purchaser from the devisee must have evidence in writing of the assent to complete his title. An assent can only be given to a devise; a conveyance will be required in all other cases.

Assent where real representative is beneficially entitled.-An assent will be necessary even where the real representative is himself beneficially entitled: Wms. Exors., 9th ed., p. 1233.

Doubt as to heirship.—In the case of intestacy where there is

any doubt as to the heirship, the real representative should refuse to convey, except pursuant to an order obtained unler section 3, sub-section 2, of the Act.

Small sales.-The Act does not relieve an administrator from responsibility in case he conveys to the wrong person. In the case of small sales, therefore, a condition making his conveyance conclusive proof of heirship will be useful, and will not, it is conceived, be deterrent.

Will of real estate must be proved.-The title of a devisee will now depend to a great extent on the probate, for although an executor may assent to a devise before probate, nevertheless the right to give the assent must be evidenced by the probate, hence a purchaser from a devisee will in all cases insist on probate being taken out, if it has not already been done. The power of appropriation. The power of appropriation conferred by section 4 (1) of the Act is not applicable in the case of intestacy. The section provides that notice of an intended appropriation is to be given to all persons interested in the residuary estate before the appropriation is effectual. This would seem, in the case of unregistered land, to make the notice part of the title to the land appropriated. Moreover, the provision as to notice seems to render the section worse than useless, inasmuch as there is no method for serving the notice on persons not sui juris, or who are not in esse or ascertained. Before the Act an executor had power to appropriate with the consent of the person entitled to the legacy or "share": see Re Lepine (1892, i Ch. 210). It may now be questioned whether ī the section has not rendered notice necessary in all cases of appropriation in respect of a legacy or share, thus fettering the executor's original power, and in some cases rendering it im possible for him to exercise it. The power may, however, be of some service where the legatee is an infant or lunatic and the other beneficiaries are all sui juris.

Right of appeal against an appropriation.-The Act gives the residuary devisees a right of appeal within the prescribed time against a valuation and appropriation by the real representative: section 4 (1). This will enable any unfair valuation to be contested. No time within which the appeal is to be made has, as yet, been prescribed.

THE LIABILITY OF TRUSTEES FOR DEBENTURE

HOLDERS.

THE decision of the House of Lords in Gosling v. Gaskell (1897, A. C. 575) is of great importance to trustees for debentureholders, inasmuch as it saves them from the personal liability with which, in certain not uncommon events, they were threatened by the judgments of Lord RUSSELL, C.J., and the majority of the Court of Appeal. It is now settled that where, under the debenture trust deed, the trustees are empowered to appoint a receiver who shall be the agent of the company, the receiver is not turned into the agent of the trustees by virtue of special provisions in the instrument of appointment designed to keep a check upon him in respect of moneys received and paid by him; nor does he become the agent of the trustees upon winding up of the company. Although, therefore, the receiver carries on business and incurs liabilities, these are not liabilities which attach personally upon the trustees as his principals.

the

The circumstances which have given rise to this decision are as follows: Poole & White (Limited) borrowed the sum of £11,000 upon three series of debentures-£7,000 upon the first issue, £3,000 upon the second, and £1,000 upon the third. The second series were charged upon the whole assets of the company, and were secured by a trust deed dated the 18th of May, 1892, of which two members of the banking firm of Goslings & Sharpe were trustees. By this deed certain powers were conferred upon the trustees in the event of the security becoming enforceable, and, even though it had not become enforceable, the trustees were authorized, upon certifying that in their opinion the security was endangered, to appoint a receiver who was to enter into possession of the mortgaged assets and to carry on the business of the company. It was expressly provided that any person so appointed was to be the agent of the company, who alone were to be liable for his acts and defaults. 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 moneys re- trustees forthwith became his principals. He was appointed by ceived were to be forthwith 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, C., "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 new 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 Gaskell v. Gosling was brought against the trustees of the second debenture trust deed to recover £488, the balance of the price of the goods. It was held by Lord RUSSELL, C.J., that, in respect of the business carried on by KELLY after the winding up, he was the agent of the trustees. Hence, since all the goods in question were supplied after that date, they were liable to pay the plaintiffs' claim, and judgment was given accordingly.

In the Court of Appeal this result was affirmed by a majority (Lord ESHER, M.R., and LOPES, L.J.), though an elaborate dissoutient judgment, which has practically been adopted by the House of Lords, was delivered by RIGBY, L.J. In the opinion of Lord ESHER the restraint upon the receiver with respect to receipts and cheques deprived him of the freedom in respect of the business of the company which was contemplated by the trust deed, with the result that he was not in fact a receiver under the deed, and so the trustees were not entitled to the benefit of the provision that he was to be the agent of the company. This point, however, was not, in fact, necessary for the decision, both Lord ESHER and Lord Justice LOPES being of opinion that, whatever was KELLY's position before the winding up, yet afterwards, since the company was precluded from carrying on business, he ceased to be agent for the company and became agent for the trustees.

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To some extent, doubtless, this result was founded upon the special circumstances of the case. The trustees were cognizant of the winding up and of KELLY's continuance as manager of the business, and the banking arrangements indicated a direct approval of such continuance. But these or similar circum stances are by no means uncommon, and in any case where winding up supervenes upon the appointment of a receiver and manager of a business by trustees for the debenture-holders, it is probable that there would be enough to fix the trustees with liability for debts contracted after the winding up if the decision of the Lord Chief Justice and of the majority of the Court of Appeal had been correct. Thus trustees would have been placed in a more onerous position than they contemplated when undertaking the duties of the office, and to a large extent they would have been deprived of the benefit of the settled practice that a mortgagee, in appointing a receiver, appoints him as agent of the mortgagor, and himself incurs no liability in consequence of the appointment. Such a result, however, has been averted by the decision of the House of Lords. The two points upon which the judgment of Lord ESHER was based are both held to be unsound. The provisions with respect to the countersigning of receipts and cheques were not intended, in the words of Lord HERSCHELL, "to reserve to the trustees any control over the management of the business, but only to act as a check to prevent any improper use by the receiver of the moneys of the company and to insure that they should be properly applied." While, even if these provisions went beyond the powers conferred 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 the inclusion of the special provisions in the instrument of appointment, the appointment was accepted and acted upon by

Of course no express authority from the trustees to KELLY would have been necessary in order to convert him into their agent had it been possible to shew that under the circumstances of the case he was carrying on the business under an implied authority, but this could only be done by adopting a line of argument which since Cox v. Hickman (8 H. L. C. 268) has been untenable. Formerly it would have been possible to urge that KELLY was carrying on the business for the benefit of the trustees, and that consequently the business was theirs, and they were subject to its liabilities. But under the similar circumstances of Cox v. Hickman, where a business was being carried on under the provisions of a trust deed by which the profits were to be applied, first in payment of creditors, and then the assets were to be re-transferred to the company, it was held that the business was not carried on on behalf of the creditors so as to impose upon them the liability of partners. The test of liability, it was pointed out, was not whether the creditors were entitled to participate in profits, but whether the business was carried on by persons acting on their behalf, and this test was not satisfied by the fact that the creditors were to benefit by the business. "The mere concurrence," said Lord CRANWORTH, "of creditors in an arrangement under which they permit their debtor, or trustees for their debtor, to continue his trade, applying the profits in discharge of their demands, does not make them partners with their debtor or the trustees. The debtor is still the person solely interested in the profits, save only that he has mortgaged them to his creditors. He receives the benefit of the profits as they accrue, though he has precluded himself from applying them to any other purpose than the discharge of his debts. The trade is not carried on by or on account of the creditors; though their consent is necessary in such a case, for without it all the property might be seized by them in execution. But the trade still remains the trade of the debtor or his trustees; the debter or his trustees are the persons by or on behalf of whom it is carried on." This principle is further. illustrated by the judgment of the Privy Council in Mollwo, March, & Co. v. The Court of Wards (L. R. 4 P. C. 419), and it conclusively shews that in such a case as Gosling v. Gaskell the mere right of the debenture trustees as creditors to participate in the profits of the business does not make them the principals of the person by whom it is being carried on. There being thus neither an express nor an implied authority for KELLY to carry on the business on behalf of the trustees for the debentureholders, no liability for the debts contracted by him attached upon the trustees, and the decision of the Court of Appeal was reversed. A different result would have made the position of debenture trustees one of much difficulty. As the law now stands, they can safely rely upon the usual provision that a receiver appointed by them shall be the agent of the company without the necessity of at once stopping the business in the event of the company being wound up.

Leonards Law Students' Society, at which the Lord Chief Justice, who is
It is arranged that the annual dinner of the Hastings and St.
president, will take the chair, will be held on Friday, January 21, at the
Queen's Hotel. Lord Russell will propose the toast of the evening:

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CORRESPONDENCE.

THE LAND TRANSFER ACT, 1897.

[To the Editor of the Solicitors' Journal.] Sir,-If the selected area for the experimental trial of compulsory registration of title be limited to so much of the county of London as lies within the geographical county of Middlesex, there will be no necessity to increase the present staff at the Land Registry, which has for some years performed also the duties of Registrar of Deeds for Middlesex. For whatever land is, as the result of sales, placed upon the register under the Land Transfer Acts will cease to be subject to the registration of deeds. Consequently, the work of the one office will be lightened in exact proportion to the increase in the other, and, if registration of title prove a failure and be repealed, the staff will simply resume their present duties and there will be no increased cost to bear.

If the compulsory area be elsewhere, a new office will have to be provided and a new staff organized, and, in the event of failure, provision will have to be made for these elsewhere.

This is one of the many arguments which have led me to advocate the restricted area.

The present volume of the New Abridgment shews no falling off in the care with which the articles are prepared. Some of them, indeed, are admirable specimens of the manner in which the essence of the law and the authorities upon a complicated and difficult subject can be given within a comparatively small compass. Among the more important articles are those by Mr. Foa on Covenants in Leases and on Distress; by Mr. D. M. Kerby on Custom; by Mr. Blake Odgers, Q.C., on Damages; by Mr. Frank Evans on Debentures; by Mr. T. Cyprian Williams on Deeds; and by Mr. Justice Phillimore and Mr. G. G. Phillimore on Demurrage. The subject of Easements is shortly treated by Mr. J. L. Goddard, and the practice with reference to the summons for directions is very well brought up to date by an article by Mr. F. A. Stringer. "Employers and Workmen " looks like a promising title, but it is dismissed in a page, the subject being really scattered among a number of separate articles, references to which are given. It is curious that the subject of covenants in 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 maps 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 a 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. or deed has to be produced in court?

There is an interesting note by Mr. C. Fisk Beach, jun., of the New York har, on Eminent Domain, a phrase well known in American law, although hardly acclimatized with us; and the article on Death Duties, by Mr. W. F. Craies, with its clearly-arranged account of the various duties now payable, will be found useful.

STATUTE LAW.

PATERSON'S PRACTICAL STATUTES. THE PRACTICAL STATUTES OF
THE SESSION 1897 (60 & 61 VICTORIA). WITH INTRODUCTIONS,
NOTES, TABLES OF STATUTES REPEALED AND SUBJECTS ALTERED,
LISTS OF LOCAL AND PERSONAL AND PRIVATE ACTS, AND A COPIOUS
INDEX. Edited by JAMES SUTHERLAND COTTON, Barrister-at-
Law, Horace Cox.

The statutes of 1897 do not afford much scope for editorial explanation and comment. The Session produced only two Acts of first importance - the Workmen's Compensation Act and the Land Transfer Act. Mr. Cotton has prefaced the former with a full statement of the new principle which it introduces into the relation of employer and workman, and has furnished references which will shew the changes it has effected in the Employers' Liability Act, 1880. Annotations have also been added to the Land Transfer Act and other Acts, such as the Weights and Measures (Metric System) Act and the Infant Life Protection Act. The series gives the statutes in a very

convenient form.

BOOKS RECEIVED.

Ruling Cases. Arranged, Annotated, and Edited by ROBERT CAMPBELL, M.A., Barrister-at-Law, assisted by other Members of the Bar. With American Notes by IRVING BROWNE. Vol. XIII.: Infant-Insurance. Stevens & Sons (Limited). Price 25s. net.

A Treatise on the Law Relating to Debentures and Debenture Stock issued by Trading and Public Companies and by Local Authorities, with Forms and Precedents. By PAUL FREDERICK SIMONSON, M.A., Barrister- at Law. Effingham Wilson; Sweet & Maxwell (Limited).

Hints to Young Valuers. A Practical Treatise on the Valuation of Property. By ANTHONY RICHARD CRAGG, F.G.S. With Explanations of the Legal Principles involved. By JAMES ROBERT VERNAM MARCHANT, M.A., Barrister-at-Law. The Land Agents' Record (Limited).

Precedents of General Requisitions on Title, with Eplanatory Notes
Second
and Observations. By HERBERT A. DICKINS, Solicitor.
Edition. Stevens & Sons (Limited). Price 5s.

The Act of 1897 (section 20, sub-section 10) contemplates the utilization of any existing land registry, and appears to point to Middlesex or Yorkshire as the area to be selected for experiment. 10, Lincoln's-inn, London, Jan. 7. BENJ. G. LAKE.

It does not seem to be sufficiently known that the system of registration of title created by the English Acts is wholly different to colonies or in any foreign country. The registries abroad recognize the systems, whether compulsory or permissive, in operation in our 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, (5) qualified, (c) possessory. It is admitted that if registration of title is made compulsory in the county of London, purchasers will only apply for possessory titles as being the cheapest and quickest obtainable. It is further admitted that possessory titles will have no present value, but it is suggested that in course of years they may grow into value. In the meantime the title will have to be investigated and deeds will have to be prepared under the present system. As resort will only be had to the registry after the deeds are completed, it is well the public should know what the additional costs are likely to be that they will have to pay for the problematical benefit, which is the most that is promised under the new Act. I enclose a table I have compiled, which gives the fees now payable on purchases between £75 and £1,000 and the additional amounts that will, at the least, be payable if registration is made compulsory. It will be noticed that the expenses will be increased some 30 per cent. To complete the calculations I have estimated the solicitor's additional remuneration at 6s. per cent., the same amount as is to be charged for registration carrying technical matters through a Government department will fees. Anyone who has had any experience of the worry and delay of admit that, in such cases as I am referring to, the solicitor's remuneration will be but a purely nominal one if limited in accordance with my estimate. J. S. RUBINSTEIN.

The following 18 the table referred to by our correspondent: freehold property from £75 to £1,000 and the additional amounts Table showing the charges at present payable on the purchase of that will, at the least, be payable if registration of title is made compulsory in London: Purchase Money.

Total amount of Future
Charges.

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Present
Charges."

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Additional
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£ s. d.

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15 14 6

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These charges are made up of the scale charges allowed under the Solicitors' Remuneration Act, 1881, and the ad valorem stamp duty of 10s. per cent. †These charges are made up as follows: 2s. 6d. the costs of an ordnance map, 68. per cent. on the purchase-money for registration fees, and a like per centage, the estimated costs payable to the purchaser's solicitor of and incident to the work of carrying through and completing the registration.

TITLE OF ACTION IN WHICH THERE IS AN INFANT
DEFENDANT.

[To the Editor of the Solicitors' Journal.]

Sir, I am at present acting in two Chancery actions, in both of which there is an infant defendant who has appeared by his guardian ad litem. The first of these actions is in the Liverpool District Registry of the Chancery Division of the High Court of Justice, and Mr. Registrar Lowndes in all proceedings subsequent to such appearance adopts the course of adding in the heading or title of the action, after the name of the infant, the following words: “ By A. B., his guardian, ad litem.'

The other case is in the Liverpool District of the Palatine Court, and Mr. Registrar Taylor has declined to allow such words to be added in the title after the name of the infant, on the ground that there is no jurisdiction to alter the heading, and also that it is unnecessary, as an infant must necessarily appear by a guardian ad litem.

Which of these courses is correct? My experience would tend to show that that adopted by Mr. Registrar Lowndes was preferable, as for many reasons it is much better to have on the face of the order or judgment a statement who is the guardian ad litem for the infant, and that is the course which I have always myself adopted in all 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.

one.

at all. Broadbent and Carpenter, the mortgagees, had entered into an agreement for a mortgage to secure £7,000, which agreement might, no doubt, have resulted in a draft mortgage framed differently from this The draft was submitted to the parties' solicitors in the usual way, and was ultimately executed; and all that we have to do is to look on the 15th of August, 1897, the principal sum of £7,000 with interest at at the mortgage deed and see what it says. It contains a covenant to pay 5 per cent. and afterwards to pay interest at 5 per cent. on the 15th of 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 lie. Then there is this proviso [His lordship read the proviso above set 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 mean anything else. There is no authority to the contrary. I do not think we want any authority to show that "punctually" means punctually on the day fixed. There is no authority that it does not mean that. The money was not paid on the day named, or for several days after. Moreover, no provision at all was made for payment the mortgagors being a limited company -on the first 15th of August, and there being no payment, and no sign of payment, the mortgagees on the 20th served notice calling in their money, which they were justified in doing. Under the pressure of that notice are not entitled to call in the money on the terms of this mortgage? The the mortgagors paid. Cau it, then, be right to say that the mortgagees mortgagors have only themselves to blame if they are put to any inconvenience in consequence of their neglect to discharge their debt according to the tenour of the deed. I think the learned judge has gone a great deal too far in granting this injunction. The appeal must be allowed, with costs here and below.

RIGBY and VAUGHAN WILLIAMS, L.JJ., delivered judgment to the same effect.-COUNSEL, Bramwell Davis, Q.C., and A. J. Allen; Warrington, Q.C., and C. Church. SOLICITORS, Goodale & Hobson, for Butterworth, Rose, & Co., Swindon; George B. W. Digby.

[Reported by R. C. MACKENZIE, Barrister-at-Law.]

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This was an appeal from a decision of Kekewich, J. (reported ante, p. 115), who had granted an injunction to restrain the defendants from selling or advertising for sale certain premises comprised in an indenture of mortgage dated the 15th of February, 1897, and made between the plaintiffs of the one part and the defendants of the other part. The mortgage contained a proviso that "it is hereby agreed that payment of the principal money hereby secured shall not be required by the mortgagees or any person claiming under them" within three years from the date of the mortgage if in the meantime every half-yearly payment of interest shall be punctually paid." The first half-yearly payment of interest fell due on the 15th of August, 1897, and the money was not then paid. On the 16th the plaintiff Broadbent wrote to the secretary of the company asking for immediate payment, and on the 17th the secretary replied that be would submit the matter to the next meeting of directors. On the 20th Broadbent gave the secretary notice calling in the mortgage money. On the 24th one Musgrave, a director of the company, sent the defendants a cheque for the interest. The defendants accepted the cheque, but claimed to enforce their notice. In November, 1897, the plaintiff company issued a writ, claiming a declaration that the defendants were not entitled to require payment of the principal moneys under the mortgage. The plaintiff company contended that "punctual" payment meant only payment on or within a reasonable time after the day named, and that if the true construction of the mortgage was not in accordance with their contention the deed should be rectified. They moved for an injunction to restrain the sale threatened by the defendants. Kekewich, J., held that 66 punctual' meant at or within a reasonable time after the time named, and granted the injunction. The defendants appealed. It was admitted that if a proper notice calling in the money had been given it had never been waived.

THE COURT (LINDLEY, M. R., and RIGBY and VAUGHAN WILLIAMS, L.JJ.) allowed the appeal.

LINDLEY, M.R., said: I do not think we need hear any reply in this case, which I think is a singularly plain one. In the first place, the question arises what documents we are to look at. Are we to treat this as a suit for rectification? Is there any even plausible ground for holding the mortgagees' hands and telling them that they are not to call in their money? Mr. Warrington felt so little confidence in that argument that he did not even allude to it; but his junior has put it forward. So far as we can judge from the materials before us, I think there is nothing in it

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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, Lincoln's-inn, a studentship of 100 guineas a year, tenable for three years; and to Alfred E. W. Hazel, Lincoln's-inn, a special prize of £50 for the best examination in Constitutional Law (English and Colonial) and Legal History; also certificates of honour to Alfred E. W. Hazel, Lincoln's-inn, Michael E. Lange, Lincoln's-inn, and Arthur Stiebel, Inner Temple; and pass certificates to Sydney Ú. N. Goodman, Gray's-inn, and Maung Tha Gywe, Gray'e-inn. Mr. Hazel would have obtained the studentship had he not been disqualified by age.

PASS CERTIFICATES.

LINCOLN'S-INN.-Hardeo Sahai Agarwala, John H. N. Armstrong, Mohammed Azim, Abdul Aziz, Merwanjee Mancherjee Manwanjee Bhownaggree, Tribhovandas Manekchand Doshi, Walter L. R. G. Everitt, William E. Hollams, Syed Ali Karim, Pandit Bishan Lal Kaul, William K. Lemon, George E. Leon, Dudley F. Nevill, Bhalabhai Bhailalbhai Patel, Jeshingbhai Bhaibabhai Patel, Paul P. Pillai, William R. Southeard, Walter Strachan, Valentine F. Taubman-Goldie, and Mohanlal Jivanlal Vakil.

INNER TEMPLE.-Joseph O. Andrews, Nalina Kanta Banerjee, Arthur A. Barnard, William T. Barneby, John H. Barron, Godfrey R. Benson, James Bradbury, Angus Campbell, Thomas S. A. Canney, Arthur C. Carrara, Kenneth E. Chalmers, George H. Day, George C. Deane, Stuart Downs, Samuel J. Forster, James T. Fox, Arthur G. Frazer, Herbert C. W. Grimshaw, Henry S. Hartnoll, Syed Hasan, Acheson F. Henderson, Frederick T. H. Henle, the Hon. Anthony M. Heuley, Gerard R. Hill, Shivalinga Chambasappa Hosali, George C. Jobling, Gilbert Jordan, Carl W. T. B. Juta, Robert C. Lane, Percy W, F. Le Breton, Ewen R. Logan, Lascelles A. Lucas, John C. B. Luxmoore, Foster M. Mahon, Phiroze Behramji Malabari, Arthur G. Mathews, Robert P. B. Methven, George E. Morris, Harold S. Morris, Nicholas P. A. Murphy, Denis Newman, Frank H. Newnes, Robert C. P. Ramsden, George S. Robertson, William A. Russell, Anthony A. Sanderson, James Stratford, George H. V. Sutherland, George R. Toller, and Rustum Dossabhoy Nusserwanjee Wadia.

Middle TempLE.-Frank D. Bird, Alexander Cairns, John B. Davies, Percy G. De Worms, George F. W. L Dillon, Manilal Motichand Doshi, Charles H. Edwards, Sheikh Ahmad Hussain, Matthew H. S. Josephs, Gwyn Morris, William H. Owen, Ernest W. Perkins, Deep Narayan Singh, and George P. W. Terry.

GRAY'S-INN.-Bijay Kisor Acharyya, Edwin Austin, Ali Akbar Hussanally, Louis J. Madelon, Daniel J. O'Brien, and Mahatab Singh.

The number examined was 122, of whom 90 passed. Six candidates were ordered not to be admitted for examination again until the Trinity examination, 1898.

The "J. J. Powell" (Middle Temple) Prize was awarded to Frank D. Bird, Middle Temple.

The following passed in Constitutional Law and Legal History only: LINCOLN'S-INN.-Alfred L. Cohn, Shekoh Sahibzadah Mohamed Dara, Anthony de Freitas, Sam S. Kay, Álan C. Nesbitt, and Chaturbhai Bhai

lalbhai Patel.

INNER TEMPLE.-Edward G. Bear, Henry R. Bramley, Charles W. Cayzer, Edward H. Chapman, Isaac R. Davies, Richard Feetham, John E. Godfrey, George W. Graham, Alfred A. Hildesheimer, William E. Hirst, Arthur G. Jamieson, Gerald E. Mills, James R. Mitchell, John J. O. Murphy, Jocelyn B. Pelham, Charles J. L. Rudd, E. Strangman, Henry O. K. Webber, and John Wilson.

MIDDLE TEMPLE.-Shaikh Saiduddin Ahmed, Syud Aminuddin Ahmed Asghur, Patrick J. Blair, Samuel E. Bray, Valentine Browne, William A. F. Balfour Browne, Stephen O. Henn Collins, Sir John Keane, Vincent D. Knowles, Philip B. Morle, John Pollen, and Michael P. Walsh.

GRAY'S-INN.-Surendra Nath Haldar, Ruttilal Brijlal Majmudar, Noel Middleton, Mehar Chand Pebra, Romes Chandra Sen, and Restamji Kharshedji Tarachand.

Of 62 examined 43 passed. Two candidates were ordered not to be admitted for examination again until the Trinity examination, 1898 The following passed in Roman Law and Constitutional Law and Legal History:

LINCOLN'S-INN.-Arthur H. Lemon and Jayavant Dinanath Madgavkar. INNER TEMPLE.-Francis Bradley-Birt, David MacIvor, Andrew J. M'Culloch, and Frederick C. H. C. Sinclair.

MIDDLE TEMPLE.-James D. Pennington.

GRAY'S-INN.-Charles O. Blagden, Bernard Campion, Shadi Lal, Walter M. Thorburn, and Joseph A. Vaz.

Of 29 examined 12 passed. Two candidates were postponed until the Trinity examination, 1898, and one candidate until the Michaelmas examination, 1898.

The following passed in Roman Law:

LINCOLN'S-INN.-Merwanji Rustanji Boyce, Everard W. Fichardt, Chen Ivan, Abdul Ghafar Pirzado, Walter W. Renshaw, and Muhammed Abdullah Shah.

INNER TEMPLE.-Kington Baker, Arthur G. Blake, Frederick W. Brambeer, John E. Clauson, William J. Dalzell-Burnyeat, Robert B. Drabble, John P. Foster, Richard B. Murphy, and Pestonjee Sorahjee

Patuck.

MIDDLE TEMPLE.-Henry S. B. Buée, Sydney Davey, Thomas Fentem, Robert N. Green-Armytage, Joseph E. Lilley, Malcolm B. Milne, John A. Moore, Julius E. Pitcher, George C. Whiteley, Walter S. Wilkinson, Frederick J. Willis, and Hugo Worthington.

GRAY'S-INN.-Percy E. Barton, Edward H. Coumbe, Raghubar Dayal, Martin O'Connor, Peter H. Roberts, Charles F. Rorke, Laxmidap Rowji Sapat, Harichand Nathubhai Shah, Carleton S. Smith, and Cullyanji Musanji Thacker.

Of 58 examined 37 passed. Five candidates were postponed until the Trinity examination, 1898, and three candidates until the Michaelmas examination, 1898.

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LAW STUDENTS' SOCIETIES. LAW STUDENTS' DEBATING SOCIETY. - Jan. 11 Chairman, Mr. C. Herbert-Smith.-The subject for debate was: "That appointments to Judicial office should not be influenced by political considerations." Mr. Neville Tebbutt opened in the affirmative; and Mr. William Wilde opened in the negative. The following members also spoke: Messrs. G. H. Daniell, C. A. Cohen, J. S. Wilkinson, C. A. Anderson, F. R. Taylor, A. Sim ́n, and A. E. Clarke. The motion was carried by five

votes.

LEGAL NEWS.

APPOINTMENTS.

White), Guildford. Dec. 20. In future such business will be carried on by the said Gilbert Henry White, the said Thomas Blanco White carrying on such business at 59 and 60, Chancery-lane. [Gazette, Jan. 7.

ALPHEUS HENRY ROBOTHAM, MATTHEW ATTWOOD, and WILLIAM BLEWS ROBOTHAM, solicitors (Robotham, Attwood, & Robotham), Derby. So far as regards the said Matthew Attwood, who retires from the firm; the said Alpheus Henry Robotham and William Blews Robotham will continue the said business under the style or firm of Robotham & Co. Jan. 1. FREDERICK GEORGE and STOWERS WILLIAM JACKSON, solicitors, Stratford, Dec. 31. The business will be and 15, New Broad-street, London. henceforth carried on by the said Frederick George alone.

GENERAL.

[Gazette, Jan. 11.

Lord Justice A. L. Smith was unable to be present at the opening of the sittings owing to an attack of influenza.

benchers of Lincoln's-inn on the "Grand Day The Lord Chancellor will dine with the treasurer, Lord Davey, and the " of Hilary Term, on Tuesday next.

The Albany Law Journal records the retirement of Chief Judge Charles Andrews, of the New York Court of Appeals, after a continuous service covering twenty-seven years. He had completed his term of office by reason of having reached the constitutional age limit of seventy years. 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 the 26th inst., are the Lord Chief Justice of England, the Speaker, Lord Justice Henn Collins, Mr. Justice Wright, Mr. Justice Bruce, Mr. Justice Kennedy, and Mr. Justice Bigham.

On the 7th inst. Mr. Henry George Smallman, solicitor, of 3 and 4, Queen-street, Cheapside, who had filled the chair of the City Commission of Sewers for the last year of that ancient body's existence, was, subject to the approval of the Court of Aldermen, elected an alderman of the City of London. Mr. Smallman, in returning thanks, said that, having practically retired from business, he would be able to devote the whole of his time to the work of the aldermanic office.

A Boston paper states that in the New York courts a motion has been made to set aside the verdict of a jury on the ground that the plaintiff's lawyer winked at a juror while making his plea, and the juror winked back at him. The court allowed that this was a serious offence, but it appeared in the course of the evidence introduced on the subject that both the lawyer and the juror were afflicted with a facial trouble that involuntarily caused the muscles of the face to twitch. The court still has the subject under consideration.

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 secondclass compartments too narrow to admit him. So he squeezed into a first, and refused to pay the excess. The company therefore sued him for the balance of the fare, their contention being that as a first-class compartment alone would receive him, he ought to have booked first-class. The court supported the company, and gave judgment against the chemist. Mr. Justice Gorell Barnes, says the Times, on taking his seat at the comthat, in addition to summonses being in future taken on Saturdays, cases mencement of the sittings, said that it might be convenient to mention 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" 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 issued to prevent the overcrowding of this court, they would be strictly enforced. The " new regulations" referred to are as follows, and are

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
East Dulwich, has been appointed a Commissioner for Oaths.
Anthony was admitted in 1891.

Mr.

Messrs. J. & C. NESBITT, solicitors, of Abergavenny, have been appointed Commissioners to Administer Oaths,

Mr. MACRORY, Q.C., has been appointed Chairman of the Board of Examiners for the Admission of Students to the Inns of Court, in succession to Sir Peter Edlin, Q C.

kept clear, and no persons other than barristers in robes are allowed to remain standing about the court, except behind the last row of seats. 2. The teats in court behind those allotted to counsel are exclusively reserved for persons engaged in the case which is being heard, and, if there be room, for other persons engaged in the remaining cases in the day's list. 3. The daily lists of cases to be heard will be made out in the room of the clerk of the rules. Persons having applications to make to the registrar attending the court, or clerk of the rules, must, as far as possible, make

Mr. FRANCIS JOHN COLLINSON, barrister, has been appointed Assistant- them at the rooms of these officials, and not in court.-By order." Judge of her Majesty's Court for Zanzibar.

CHANGES IN PARTNERSHIPS.

DISSOLUTIONS.

JOHN COOPER, JOHN FREDERICK COOPER, and ROBERT SIMMONS, solicitors (Cooper, Son, & Simmons), Henley-on-Thames and Caversham. Dec. 31. CHARLES MARSHALL DIX and WILLIAM HENRY WARLOW, sclicitors (Dix & Warlow), 6, Old Jewry, London. Jan. 5.

EDMUND GARRATT WILSON and HENRY ARTHUR POPE GENGE, solicitors (Wilson & Genge), Norfolk House, Victoria-embankment, London, and at Epsom. Dec. 31. The late partners will in future practise separately, the said Edmund Garratt Wilson at Epsom aforesaid, and the said Henry Arthur Pope Genge at Norfolk House aforesaid.

THOMAS BLAN CO WHITE and GILBERT HENRY WHITE, Solicitors (White &

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 property. In 1888 the Corporation agreed to a scheme, in relation to the property belonging to the Corporation held on leases renewable for ever, by which lessees were enabled on certain terms to commute the future fines payable by them. The persons interested were duly communicated with, and many had embraced the opportunity thus afforded them of relief from conditions which involved periodical expenses and imperilled the perpetuity of their leases. The lessees on the Conduit Mead Estate were offered first provided for the granting of an eighty years' lease, renewable for a under the scheme a choice of two modes of commuting the fines. The further term of eighty years, and so on for ever, upon the payment of the present value of all future fines payable under existing leases calculated on a 3 per cent. table plus one year's rack-rent of the property. The other alternative provided for the granting of a similar lease for eighty years on payment of an increased annual rental, equivalent to the present

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