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DIAMONDS, PEARLS, WAITE, GEORGE HENRY, Bury St Edmunds, Metal Worker Westall, LINCOLN WILLIAM, Malvern Link, Worcs, Simmons, JAMES, Loughborough, Fish Dealer Leicester Bury St Edmunds Pet March 10 Ord March 10 Printer March 23 at 11.30 Off Rec, Copenhagen st,
Pet March 8 Or1 March 11 WARD, EDWIX, and NATHANIEL LEA8K, North East passage, Worcester
SMITH, WILLIAM EDWARD, Hastings, Painter Hastings Wel!close sq, Cigar Merchants High Court Pet
Pet March 3 Ord March 10 March 12 Ord March 12
Adams, MARGARET, Oxford WEBB, FREDER CK, Doncaster, Painter
Pet Oct 27
SPENSLEY, ROBERT, Gt Grimsby, Wholesale Fruiterer Gt
Grimsby Pet March 12 Ord March 12
Adams, Thomas, Short Heath, nr Wolverhampton, Coal STEPHENS, ALFRED GEORGE, Ashton Keynes, Wilts, Baker
Dealer Wolverhampton Pet March March 11 Ord March 11
Swindon Pet March 10 Ord March 10
10 Ord March 10
Stow, JOSEPH WILLIAM, Bradford, Leather Merchant WHITEHEAD, ARTHUR, Hulme Manchester, Dyer Salford Åstox, William Joseph, Worcester, Builder Worcester STBACHEY, JOHN Womewell, Lower Walmer, Kent
Bradford Pet March 12 Ord March 12
Pet Feb 21 Ord March 10
Canterbury Pet Jan 4 Ord March 12
TRACKRAY, SAM KERSHAW, Middlesborough, Watchmaker
Stockton on Tees Pet March 11 Ord March 11 Nov 10 Ord March 11
WALL, WILLIAM, Birmingham, Cab Proprietor Birming-
ham Pet March 7 Ord March 9
WAITE, GEORGE HENRY, Bury St Edmunds, Metal Worker
Bury St Edmunds_Pet March 10_Ord March 10 on Tees Pet March 10 Ord March 10
WAREHAM, CHARLES HENRY, Cowes, I of w, Coal MerOF R-C, 22, Park row, Ieeds Coron E), Christopher, Walton, Liverpool; Cargo Super-Wupp, JOSEPH, jun, Altrincham, Painter Manchester
chant Newport Pet Feb 16 Ord March 11 BARLOW, Joux, jun, Elton, Bury, Grucer March 21 at 11
intendent Liverpool Pet Jan 10 Ord March 12 16, Wood st, Bolton
Pet March 11 Ord March 11 Besss Bros. & Co., St Benet pl, Gracechurch st, Whole
DEAKiN, SAMUEL WILLIAM, Wigan, Butcher Wigan Pet
Feb 15 Ord March 10 sale Stationers March 22 at 2.30 Bankruptcy bldgs,
Amen led notice substitute for that published in the Davis, George, Southsea, General Dealer Newpo.t Pet
London Gazette of March 1:
Feb 4 Ord March 9
Nre, Thomas JOSEPI, New Brompton, Kent, Builder Agent March 23 at 12 65, Highst, Merthyr
an 29 Ord March 11
Rochester Pet Feb 23 Ord Feb 26 Tydfil
FOORD, HENRY, Lepham, Kent, Farmer Maidstone Pet Brown, Emily SOPHIA, Mayfield, Sussex March 21 at 11.30
March 12 Ord March 12 24, Railway app, London Bridge
All letters intended for publication in the
minghara Pet March 4 Ord March 12
“ Solicitors' Journal” must be authenticated row, Bradford
SHERRATT, Oxford Oxford Pet Nov 25 & Jan 6 Ord CURRY, S12P30s, & CURRY, Brockley, Kent, Builders March
Jan 31 & Jan 31
by the name of the writer. 22 at 11 Bankruptcy bldgs, Carey st
GOLDRING, SAMUEL OSCar, Leadenhall st, High Court
Pet Aug 27 Ord March 4
Where dificulty is experienced in procuring the FEATHERSTONE, ROBERT HENRY, Hutton Bushell, Yorks,
Ord March 9 Farmer March 23 at 11 Of Rec, 74, Newborough, HITCHING, DANIEL, Parkstone, Dorset, Builder Puole Journal with regularity, it is requested that Scarborough
Pet Feb 7 Ord March 10 FEELY, BRIDGET, Birmingham, Provision Merchant March
HUGHES, MARK, Blackwood, Mon, Builder Tredegar Pet 25 at 11174, Corporation st, Birminghain
application be made direct to the Publisher.
March 10 Ord March 10
Hoxton, NEWORK, Rotherham, York, Saddler Sheffild
Pet Feb 17 Ord March 11
Linde, WilliaM, Bournemouth, Musical Instrumint
Seller Poole Pet March 10 Ord March 10 at 11 Bankruptcy bldgs, Carey st GOODALL, GEORGE WILLIAM, Birmingham, Artist March
MCCALLUM, Duncan, Watling st, Manufacturer's Agent
High Court Pet Feb 15 Ord March 12 23 at 11 174, Corporativn st, Birmingham
MensFORTH, EDWARD, Bradford, Commission Agent GO' DHAND, FREDERICK, Louth, Lincs, Draper March 22
Bradford Pet Feb 29 Ord March 10 at 12 Off Rec, 15, Osborne st, Great Grim<by Hodsos, Joseph, Burton on Trent, Labourer March 23 at
Mitchell, JOHN EDWARD, Tenterdea, Kont, Butcher 10.30_Off Rec, 40, St Mary's gate, Der by
Hastings Pet March 3' Ord March 10
MORGAN, EDWARD, Charlton Kings, or Cheltenhim, Ion-
kier_Cheltenham Pet March 10 Ord March 10
Gt Grimsby Pet March 9 Ord March 9
Sonthampton, Bakers Southampton Pet March 10
Ord March 10 at 2 30 Bankruptcy bldgs, Carey st
Piks, Louis, Henpock, Devon, Miller Exeter Pet March KISG, JOSEPH, Leeds, Traveller March 21 at 11 Off Rec,
11 Ord March 11
Reeves, THOMAS SADLER, Chathan, Perambulator Manu-
Prepared from finest ENGLISH MEATS
Of all Chemists and Grocers. Lawtos, THOMAS, Howden, York, Butcher March 25 at
Dec 17 Ord March 12 11.30 Off Rec, Trinity House In, Hull
SANDERSON, John William, Milnsbridge, nr Huddersfield, BRAND & CO., LTD., MAYFAIR, W., & MAYFAIR LYNN, FRED, Kingston upon Hull, Grocer March 23 at 11 Saddler Huddersfield Pet March 9 Ord March 9
WORK8, VAUXHALL, LONDON, S.W.
March 23 at 12 Bankruptcy bldgs, Carey st
March 22 at 11 Bankruptcy bldgs, Carey st
THE TEST OF
Merchant March 23 at 3 Off Rec, Baldwin st, B:istol
11.30 Off Rec, 15, Osborne st, Gt Grimsby
March 24 at 11.30 Off Rec, Newport, 1 of W
Buuthampton, Bakers March 25 at 3.30 172, High st,
11 Off Rec, 6, Bond ter, Wakefield
March 28 at 11 115, High st, Rochester
March 22 at 3.15 County Court bldgs, Caeltenham
24 at 2.30 Crypt chmbrs, Esstgate row, Chaster PUSCHARD, EDWARD, Thornton Leath, Surrey, Builder March 23 at 11.30 24, Railway approach, London
THEREFORE WRITE TO US
For Dainty Sample Tin (a Postcard will do) which will be sent
post frec, if when writing you name this Journal. John William st, Huddersfield
Dr. Tibbles' Vi-Cocoa, cd., 9d., and 1/6. Sold by Grocers, Chemists, and Stores.
Address: Dr. TIBBLES' YI-COCOA, Ltd., GO, 61, & 82, Bunhill Row, London, E.C.
12.30 Off Rec, 1, Berridge st, Leicester SKIXXER, Joux RICHARD, Stockton on Tees, Boilerman
March 30 at 3 Off Rec, 8, Albert rd, Middles
borough SMITHIES, VALENTINE, Thornton, nr Bradford, Farmer
17 & 18 PICCADILLY
SPINK & SON March 25 at 11 Off Rec, 31, Manor row, Bradford STEPHENSOX, WALTER, Kingston upon Hull, Commission
COLD JEWELLERY, Agent March 25 at 11 Off Rec, Trinity House lane,
announce that they Hull
ACCURATELY APPRAISE STOKELL, THOMAS, Stockton on Tees March 30 at 3 Off
&c. JEWELS and SILVER Rec, 8, Albert rd, Middlesborough
PLATE, &c., for the TATLOB. RICHARD, West Bromwich April 6 at 2 County
LEGAL PROFESSION or Court, West Bromwich
PURCHASED OR EXCHANGED PURCHASE the SAME for WALLACE, THOMAS, Copthall bldgs, Merchant March 23
cash if desired. Eetabat 12 Bankruptcy bldgs, Carey st
1& 2 GRACECHURCH SI LONDON. TO
lished 1772. WAREHAN, CHARLES HENRY, Cowes, I of W, Coal Merchant March 22 at 11.30 Off Rec, Newport, I of W
Under the patronage of H.M. The Queen and H.S.H. Prince Louis Battenberg, K.C.B.
BRAND & CO.'S
FOR INVALIDS. ESSENCE OF BEEF,
MEAT JUICE, &C.,
GROUND-RENT, with valuable Reversion IN THE PRESS,
TO OWNERS, Holicitors, and Estate Agents.
LAND TRANSFER ACTS, 1875 & 1897
WANTED & Partnership_for
READY SHORTLY. EDE AND SON,
Price 58. Cash with order, 4s.; postage 3d. rigg, 27, Compton-street, Brunswick-square, W.C.
- Wanted to Rent or Purchase first-class Large To Her Majesty, the Lord Chancellor, the whole of the Premises, well adapted for factory purposes Building may Judicial Benca, Corporation of London, &c.
be three floors, but must occupy total space from 10,000
possible ; abundant supply of good fresh water indispen
sable.- Address B., care of J. w. Vickers, 5, NicholasLaw Wigs and Gowns for Registrars, Town lane, E.C.
INTRODUCTION, NOTES, FORMS, PRECEDENTS, Clerks, and Clerke of the Peace,
AND COPIOUS INDEX.
per cent.--For Sale, Freehold, a stone-built Ware-
J. S. RUBINSTEIN, 94, CHANCERY LANE, LONDON. colony; let on repairing lease to a firm of London mer
Solicitor of the Supreme Court,
"Conveyancing Costs," &c.,
W. LEE NASH,
Of H.M. Office of Woods and Forests. Values,” BY DR. ANDREW Wilson, F.R S.E., &:.—"I Ladbroke-grove, w., is open to Buy Properties in any motives---first, of due regard for health, and second, London Suburbs or 30 miles round London at best market London : WATERLOW BROS. & LAYTON, Limited, of getting full food-value for money expended--can be said prices; no objection to old, dilapidated, or troubleso ne
24 and 25. Birchin-lane, E.C. to weigh with us in choosing our foods, then I say that
properties; money ready (introductory fees paid if required). Cocoa (Epps's being the most nutritious) should be made
REEVES & TURNER, to replace tea and coffee without hesitation. Cocoa is a
PROFESSIONAL PRELIMINARIES, food; tea and coffee are not foods. This is the whole
LAW BOOKSELLERS AND PUBLISHERS. science of the matter in a nutshell, and he who runs may read the obvious moral of the story.” Rapid Preparation by Correspondence and Oral Tuition.
Libraries Valued or purchased.
A Large Stock of Second-hand Reports and Text-books
always on Sale.
100, CHANCERY LANE & CAREY STREET. ADELPHI.
AW.-Managing Clerkship, with view to
WILSON, Mrs. Brown Potter and Mr. Kyrle Bellow: Messrs. L. Lab- England or Midlan
young Solicitor (admitted 1895), in country (South of
preferred); several years' London lache, H. A. Saintsbury, Arthur Lewis, A. E. Drinkwater, experience; excellent references; share required, about
11, ROYAL EXCHANGE, LONDON, E.C. W. St. John, &c. Preceded, at 8.0, by a Favourite Farce.
£250.-Address SPERO, “Solicitors' Journal Office, 27,
JONES' BOOK OF PRACTICAL FORMS FOR
coln's-inn, a Head Bill Clerk.- Apply, giving full Volpe, Henry Ford, and Charles Groves ; Miss Lena Ashparticulars, to N. S., care of Messrs. Reynell & Son, Adver
CATALOGUES GRATIS AND POST-FREE.
a young THE COMPANIES ACTS, 1862 TO 1890. Miss Winifred Emery and Mr. Cyril Maude ; Messrs.
Solicitor; capital if required. ---Apply, WRAGGE,
AUTHOBITY. brother, Mrs. E. H. Brooke, Miss Nina Cadiz, Miss Mary Mackenzie.
ANAGING CLERKSHIP Wanted by
young Admitted Solicitor with Practising, Certifi- Every requisite under the above Acts supplied on the Proprietor and Manager, Mr. Herbert Beerbohm Tree. cate; has had good all-round experience, and would under
shortest notice. THIS EVENING, at 8.0, JULIUS CÆSAR: Messrs. take Advocacy; references; moderate salary.- Apply Lex, Tree, Lewis Waller, Franklin McLeay, Charles Fulton,
“Solicitors' Journal” Office, 27, Chancery-lane, W.C. The BOOKS and FORMS kept in stock for immediate Charles G. Allan, Alexander Calvert, s A. Cookson, Gayer
Qge. Mackay; Mrs. Tree, Miss Lily Hanbury, Miss Evelyn SPATRIA AGRICULTURAL COLLEGE MEMORANDA and ARTICLES OP ASSOCIATION Millard.
(viâ Carlisle), situated in one of the finest Stock speedily printed in the proper form for registration and ROYALTY. raising districts of the country. Practical and scientific
distribution. SHARE CERTIFICATES, DEBENTURES, THIS EVENING, at 9.0, OH! SUSANNAH: Messrs. instruction. Success in Examinations of Surveyors' Insti CHEQUES, &c., engraved and printed. OFFICIAL Charles Glenney, A. Maltby, G. Waller, H. Farmer; Mes- tution. Preparation for colonies. Six farms, creamery
SEALS designed and executed. No Charge for Sketche dames Clara Jecks, A. Mansfield, M. Bishop, M. Clayton, workshops. G. Vicat, K. Osborne, and Louie Freear. Preceded, at
J. SMITH HILL, B.A., B.Sc., Principal.
Solicitors' Account Books. 8.0, by THE CAT AND THE CHERUB: Messrs. Blinn, Lugg and Julian Cross, &c.
10 DRURY LANE THEATRE ROYAL.
all parts Receiving Resident Patients sent gratis, Managing Director, Arthur Collins.
with full particulars. Schools also recommended.-MEDICAL, THIS EVENING,_at 8.0, THE BABES IN THE &c., Association, LTD., 8, Lancaster-place, Strand, W.C.
Stationes, Printers, Engravers, Registration Agents, WOOD : Messrs. Dan Leno, John
A., Warden; Tel.add., “Triform, London.” Telephone No.1,854, Gerrard. 49, FLEET-STREET, LONDON, E.O. (corner Griffin and Dubois, C. Angelo, Whimsical Walker, and Herbert Campbell : Mesdames Ada Blanche, Violet Robin
of Serjeants’-inn). son Alice Bainett, Kate Graves, and The Grigolatis.
Annual and other Returns Stamped and Filed. bought in large or small quantities; all samples DALY'S. THIS EVENING, at 8.15, THE GEISHA: Mesdames
paid for.-A. Godson, 11, Myrtle-street, Dalston, London,
N.E. Marie Tempest, Maud Hobson, Maggie May, Fawcett,
herd's Bush, Notting-hill, West Kensington Park, Davis, Grahame, Collette, Dango, Windrum, Saqui, and Letty Lind; Messrs. Hayden Coffin, Huntley Wright, E.
TREATMENT OF INEBRIETY.
and District.-Owners wishing to sell or Let Property in
these districts should send to č. RAWLEY Cross & Co., who Snow, Scott Russell, Appleby, Hall, Rosse, and Rutland
ave more applications than they can suit; particulars inBarrington,
serted in their Western Suburbs Register free. Rent collecTERRY'S. DALRYMPLE
tions undertaken (large or small), and Property of all kinds Bole Proprietor, Mr. Edward Terry. THIS EVENING, at 8.45. THE WHITE KNIGHT :
managed on inclusive terms; punctual payments guaran
teed ; references to clients of 20 years' standing. - Offices, Mr. Edward Terry, Messrs. Stuart Champion, A. E. For Gentlemen, under the Act and privately. “ Ulchester House,” (facing) Uxbridge-road Station, W. George, H. Willis, Walsh, Sims, Master Freear, and W. L. For Terms, &c., apply to
(Established 1877). Telephone No. 669, Kensington. Abingdon ; Mmes. Esmé Beringer, Mary_Rorke, Kate Mills, and Kate Rorke. At 8.10, THE ETERNAL
R. WELSH BRANTHWAITE,
Highest price given for Old Point and Modern Real
TREATMENT OF INEBRIBTY and ABUSE of DRUGS. | Laces, Old Embroideries, &c.-HAYWARD'S, 166 and 168, THIS EVENING, at 8.0, HOW LONDON LIVES : Mr.
Oxford-street, W, Established 1770.
SHOT HOUSE, [ESSRS. H. GROGAN & CO., 101, Park-
ST. MARGARET'S, TWICKENHAM,
street, Grosvenor-square, beg to call the attention of M. Barr, and Miss Kate Tyndall.
For Gentlemen under the Acts and privately. Terms, intending Purchasers to the many attractive West-End LYRIC.
2 1 4 Guineas.
Houses which they have for Sale. Particulars on applica-
tion. Surveys and Valuations attended to.
P. BROMHEAD, B.A., M.B. (Camb.), M.R.C.S. (Eng.) THIS EVENING, at 8.15, DANDY DAN, The Life
MORTGAGES Guardsman; Mr. Arthur Roberts, Messrs. W. H. Denny,
INEBRIETY. Blake Adams, Frank Barclay, Arnold Lucy; Misses Isa
ON MANSIONS AND FLAT Bowman, Jane Grey, Kate Erskine, and Pbyllis Broughton.
Large Sums awaiting Investment, also on Freehold and
Leasehold Properties, Large Estates or Farms. Good THIS EVENING, at 8.20, A BACHELOR'S ROMANCE:
PRIVATE HOME FOR LADIES.
Freehold Ground-rents Wanted. Principals placed in Mr. John Hare, Messrs. Frederick Kerr, E. V. Reynolds, Medical Attendant: CHAS. J. BOND, F.R.C.S. Eng.,
direct communication with clients. Frank Gillmore, Charles Cherry, Nye Chart, James Leigh, L.R.C.P. Lond. Principal: H. M. RILEY, Assoc. Soc.
GIBSON'S AUCTION AND ESTATE OFFICE, G. Trent; Misses May Harvey, Susie Vaughan, Mona K. Study of Inebriety. Thirty years' Experience. Excellent 22, RING-STREET, St. James', London, 8.W. (Telephone Oram, Nellie Thorne, L. McGilvray. At 7.45. A CASE Legal and Medical References. For terms and particulars 5527 Gerrard); HERTFORDSHIRE OFFICES, ST. ALBANS FOR EVICTION. apply Miss RILEY, or the Principal.
(Telephone No. 4); and HARPENDEN.
RICHARD FLINT & 60.,
ROYAL EXCHANGE ASSURANCE.
VOL. XLII., No. 21.
The Solicitors' Journal
and Reporter FOR SEA, FIRE, LIFE AND ANNUITIES. CHIEF OFFICE: ROYAL EXCHANGE, LONDON.
LONDON, MARCH 26, 1898.
copies should be kept of all articles sent by writers who are not on LIFE. DEATH DUTY POLICIES–Payment Direct to Revenue Authorities before grant the regular staff of tlie JOURNAL. of Probate.
Apply for Full Prospectus to
LAW STUDENTS' JOURNAL................ 367
368 THE LAW GUARANTEE AND TRUST SOCIETY, The LIABILITY of the Texant for
Court PAPERS.................................. 368
LIFE OF LEASEHOLD PROPERTY
WINDING UP NOTICES
369 REVIEWS .....................
CREDITORS' NOTICES........................... 369 SUBSCRIBED CAPITAL £1,000,000. PAID-UP - £100,000. LAW SOCIETIES ..........
369 FIDELITY GUARANTEES OF ALL KINDS. ADMINISTRATION AND LUNACY BONDS. MORTGAGE, DEBENTURE, LICENSE, AND CONTINGENCY
Cases Reported this Week. INSURANCE. TRUSTEESHIPS FOR DEBENTURE-HOLDERS, &c.
In the Solicitors' Journal. In the Weekly Reporter. HEAD OFFICE: 49, Chancery-lane, W.C. | CITY OFFICE: 56, Moorgate-street, E.C. Attorney-General v. Mayor, &c., of A Bankruptcy Notice, In re
Barnes y. Youngs
332 IMPORTANT TO SOLICITORS
Buckwell v. Norman
D: Nicols, In re. De Nicols v.
Harrop v. Ossett (Mayor and Corpora-
326 LICENSED PROPERTY
Hemming and Others v. Davies
331 To see that the Insurance Covenants include a policy covering the risk of
Kent Coalfields Syndicate (Lim ) (In
Humphreys, In re. Ex parte LloydLiquidation), Re
363 LOSS OR FORFEITURE OF THE LICENSE.
322 London County Council v. The London
George and Another....... Suitable clauses, settled by Counsel, can be obtained on application to Hydraulic Power Co.
362 Land Mortgage Bank of Florida (LimiTHE LICENSES INSURANCE CORPORATION AND Piers, Re. Ex parte Piers v. Read.
ted), In re
333 Ripley & Son's Trade-Mark, Re
Lord Monson's Settled Estates, In re... 330
South African Territories (Lim.) v.
Paget. Io re. In re Mellor. Mellor v. Stockport Ragged, Industrial, and
329 Mortgages Guaranteed on Licensed Properties promptly, without Reformatory Schools, Re
Queensland National Bank v. Peninspecial valuation and at low rates.
Sumpter v. Hedges
362 sular and Oriental Steam Navigation Thomas v. Roberts ; Smith (Claimant) 365
West London Permanent Benefit ALLIANCE ASSURANCE COMPANY.
Building Society, Re..
Reg. v. Justices of West Riding of
834 HEAD OFFICE: BARTHOLOMEW LANE, LONDON.
Chairman: RIGHT HON, LORD ROTHSCHILD.
LIFE AND FIRE INSURANCES AT MODERATE RATES.
be the result of the labours of the Committee Special forms of Policies have been prepared to provide for payment of ESTATE DUTIES. for framing rules under the Land Transfer Act, 1897, no one Full Prospectuses on application. ROBERT LEWIS, Chief Secretary.
can complain of want of the most careful and anxious considera
tion on their part. Their sittings have been extremely numerous LEGAL AND GENERAL LIFE ASSURANCE and prolonged, and we believe are still continued daily. SOCIETY.
THE LORD CHIEF JUSTICE, in his address to the Birmingham
Law Students' Society, which we report elsewhere, renewed his ESTABLISHED 1836.
plea for a better system of legal education, and took occasion
to refer, with some reprobation, to the recent change in the FUNDS
£ 3,000,000 arrangements made by the Incorporated Law Society for the INCOME
£ 390,000 education of articled clerks. Wo think that he can hardly YEARLY BUSINESS
have been fully informed as to the reasons which led to the
change. The Council of the society were not only willing, but BUSINESS IN FORCE
- £11,700,000 anxious, to continue the lectures and classes ; but they had no
means of enforcing attendance at them, and the articled clerks THE PERFECTED SYSTEM of Life Assurance is peculiar to this Society refused to take advantage of the means of education offered. and embraces every modern advantage.
The substitute provided is merely temporary, the Council being
among the warmest supporters of an efficient law faculty in the PERFECTED MAXIMUM POLICIES.
Teaching University of London, and if the benchers of the Inns WITHOUT PROFITA.
of Court were equally hearty in availing themselves of the
opportunity, there would probably be little difficulty in setting The Rates for these Whole Life Policies are very moderate.
on foot a school of law which would carry out Lord RUSSELL'S
40 £2 10 %
THE LATTER PART of the Lord Chief Justice's address, wbich
is devoted to a consideration of the qualifications for success£1,000 POLICY WITH BONUSES
ful advocacy, though perhaps not very novel, is likely to be
of value to law students and practitioners. The recipe for this, According to last results.
as for cookery, is first of all to catch your hare-that is, in Valuation at 2} p.c. :-Hm. Table of Mortality.
the present case, to ascertain with precision the facts which are
to be dealt with. We remember to have heard that an emi. Duration
Dent criminal law advocate was in the habit of making a sort Amount of Policy
of time-table with regard to each of his casos ; arranging all the £1,199 £1,438 £1,724 £2,067
facts in exact chronological order, with date and time in the Next Bonus as at 31st December, 1901.
margin; and in all legal matters a somewhat similar process is necessary. Then you have to consider the principle of law
applicable to the question arising on the facts, and from a conOFFICES : 10, FLEET STREET, LONDON. sideration of the facts and the law to ascertain what is the main
point on which the decision is likely to turn. Next there is to contract specific performance will not be ordered. The remedy be considered what can be said on the other side, and then the for the breach is in damages, and in damages only, and the party advocate has to convey as clearly as he can to the court the complaining of the breach can only recover if ho proves damage. point on which the case turns, and to enforce his view as to the “On a contract to make a loan of money,” said CHITTY, J., in rule of law which is applicable. The Lord Chief Justice seems Western Wagon Co. v. West (40 W. R. 182; 1892, 1 Ch. 211), the to suggest that this is the whole art of advocacy ; but, with measure of damages is the loss sustained by the breach, and the great deference, we venture to think that there comes in here damages may be merely nominal. For instance, if A. agrees to the whole difference between the great and the common-place lend B. £100 at interest for a week and makes default, and B. advocate. The great advocate is the man who, in addition to within a few minutes after the time at which the money ought to knowing the strong points of his own and his adversary's cases, have been lent obtains from his bankers a loan of £100 at the same knows how to lay the case before the court in such a manner as rate of interest and for the same period of time, the damages would to render prominent his own points, and, while not ignoring the be merely nominal.” This is an extreme case, but it illustrates points of his adversary, to reduce their importance, or, as far as the principle, and it shows the impossibility of allowing the possible, lead the mind of the judge away from them. Any- plaintiff in an action for breach of the contract to obtain judgment one who in former days had to consider a complicated and for the whole sum agreed to be lent. Damages, as the learned doubtful case and afterwards heard it argued by Sir HORACE judge in the same case went on to say, are not recovered by way Davey, will remember the exquisite skill with which he mar- of loan. The plaintiff puts them into his pocket and keeps shalled his arguments, commencing with the least important, them. But to permit him to obtain in this manner the entire whereat the court would sniff; then progressing through a amount of the loan would be to turn the loan into a gift. In series of more tenable points, gradually bringing the court South African Territories v. Wallington (see 45 W. R. 467; 1897, to think that after all there was a good deal in the matter; 1 Q. B. 692) the defendant had applied for sixteen debentures and continually fencing with and meeting any suggestions of of the plaintiff company of £50 each. By the terms of the tho adversary's case, until at the right moment he would bring prospectus the £50 was payable as to £5 on application, and the forward his leading argument, and develop it until he saw that remainder by instalments. The defendant paid £80, but refused it had taken possession of the mind of the judge, when he to pay the instalments; and when the company brought the would immediately wind up his address. This kind of skill is action the amount of the instalments due was £520. WRIGHT, almost instinctive, but no one can be a great advocate without J., refused specific performance, but nevertheless-treating the possessing it.
£520 as a debt duo-gave judgment for that sum. There is,
however, no middle course between ordering specific performAN INTERESTING point as to the right of the creditor of a bank-ance of the contract and giving damages for the breach. The rupt to recover a debt incurred after notice of the bankruptcy, judgment for £520 was not a judgment for damages. It was but before the date of the receiving order, arose in Buckwell v.
in effect judgment for specific performance, and it could not Norman before the Court of Appeal (reported elsewhere.). As
stand. The decision of the Court of Appeal reversing rule, all debts and liabilities to which the debtor is subject at WRIGHT, J., was accordingly affirmed by the House of Lords. the date of the receiving order are debts provable in the bank. The plaintiff company missed also the chance of recovering ruptcy, and are consequently released by an order of discharge. damages properly so called, as they had given no evidence But sub-section (3) of section 37 of the Bankruptcy Act, 1883, of actual loss. An attempt was made in the House of Lords under which debts generally are so provable, is preceded by the to get the case sent back for a new trial so that the necesenactment that a person having notice of an act of bankruptcy sary evidence might be given, but it was held to be too late for available against the debtor shall not prove for any debt con- the question to be raised. Moreover, the company had received tracted by the debtor subsequently to the date of the notice. substantial compensation in the right to forfeit the £80 deposited As this enactment stands in the section, it is extremely difficult by the defendant. Practically this chance of forfeiture protects to eay whether the effect is simply to debar the creditor from companies against the inconvenience which the refusal of the
Of proving for the debt in the bankruptcy, leaving him to his law to compel specific performance might impose on them. remedy against the debtor after he has got his discharge, or
course in the application of the abovo principle a contract to whether, while the creditor is precluded from proving, the debt lend money on debentures does not differ from any other conis still included among debts provable in the bankruptcy, so as tract of loan. to be released by the discharge. In Buckwell v. Norman a debtor who owed his solicitor a sum for costs stated to him that WHEN A HOUSE, hitherto unlicensed, succeeds in the now-ahe was unable to pay his debts, and instructed him to file a days very difficult task of obtaining a licence to sell intoxicating petition in bankruptcy. Under section 4 (h) such a statement liquors, the value of that house is usually increased enormously, made to a creditor is in itself an act of bankruptcy, and the Many persons consider this fact a public grievance, and strongly solicitor, in allowing the debtor to come under a liability to him object to a present of a large sum of money being made in this for the costs of the petition, was allowing him to contract a way to the newly-licensed person. Some portion, at least, of debt after notice of an act of bankruptcy. The petition was this increase in the value of the premises, they argue, should presented, and a receiving order made, and the solicitor received, go into the coffers of the public. It is quite possible that Par. under the Bankruptcy Rules, his taxed costs out of the estate; liament may some day take this matter in hand, and, under but he claimed that the balance of the costs was not a debt certain restrictions, allow justices to demand from applicants provable in the bankruptcy, and that he could sue for it not for licences a sum of money to be used for public purposes. withstanding the discharge. Section 37, in saying that for Until Parliament does so, however, it seems obviously objeccertain debts the creditor shall not prove, and then proceeding tionable for justices to take this line of their own accord, as to deal with all debts "provable," certainly raises a presump- was done not long ago by the justices of South Shields. The tion that debts which thus cannot be proved are not provable. facte came before a Divisional Court lately in the case of Reg. But the Court of Appeal have held that the prohibition upon v. Bowman and Others, which was an application for a certiorari proving certain debts is a personal disqualification imposed upon to bring up and quash the grant of a licence, and also for a creditors who allow the debts to be incurred after notice of an mandamus to compel the justices of South Shields to rehear the act of bankruptcy, and that the debt, though it is incapable of application. These justices at their annual licensing meeting being proved in the bankruptcy, is still included under provable had heard an application for a new licence, and also had heard debts. Hence the balance of costs in the present case was not objections, and had intimated that they would grant the licence, a debt in respect of which the solicitor could sue.
subject, however, to certain conditions, the nature of which would be stated at the adjourned meeting. Some of these con
ditions were probably quito legitimate, but one was that the THE DECISION of the House of Lords in South African Terri- applicant should pay tho sum of £1,000, to be devoted to some tories (Limited) v. Wallington (reported elsewhere) appears to public purpose. Rules nisi for a certiorari and a mandamus were add nothing to the law as to the remedies for a breach of con- obtained on behalf of one of the objectors to the grant of the tract to lend money. It is perfectly well settled that of such a licence. The rule for the certiorari was discharged on the
authority of the recent case of Reg. v. Sharman (supra, p. 326), shareholders and to the general public the right to inspect a but the mandamus was granted. Now, there is no doubt that company's register of members. To members the register is justices have absolute discretion in the granting of new licences, required to be open free of charge. Other persons must pay a but they have constantly to be reminded that this discretion shilling or such less sum as the company prescribes. The must be exercised judicially and according to law, not caprici- question has arisen in Re Kent Coalfields Syndicate (Limited) ously or according to private opinion. The character of the whether the section applies after the company has gone into applicant, the condition and situation of the house, the require- liquidation, Interest in the register does not cease upon ments of the neighbourhood, and such-like matters should be the commencement of a winding up, and in the case of the carefully considered. If an applicant satisfies the justices on syndicate which had gone into voluntary liquidation, GRANTHAM, all such points he is entitled to a licence ; if, on the other hand, J., assumed that the section continued to apply, and made an an objector establishes his objection on any such grounds, the order for inspection in favour of an applicant although he was licence should be refused. These are the legal rights of the interested in the company neither as shareholder nor as creditor. applicant and of the objector. But where the justices are But apart from the fact that the section occurs in Part II. of the satisfied that no such objection exists, and yet refuse to grant Act, which does not refer to winding up, there is a very signifithe licence unless a sum of money is paid, or where they are cant indication that a restriction must be placed upon it in the satisfied that such an objection does exist, and in spite thereof fact that a penalty is imposed in the event of inspection being agree to grant the licence in return for a money payment, they refused. The liability to the penalty attaches both upon the cannot in either case be said to act judicially. As was said by company and also upon every director and manager who WILLS, J., in the Divisional Court, they might as well put the authorizes the refusal. These penalties cease, however, to be licences up to auction. And although from a moral point of appropriate as soon as a winding up has commenced and the view the difference is enormous, from a legal point of view the control of the directors has been replaced by that of the justicos might just as well demand the money for themselves as liquidator. It would be an anomaly for a penalty to be imposed for the public.
on a company in liquidation, and there is no provision for trang
ferring to the liquidator the liability of the directors. The THE JURISDICTION of the county courts was recently invoked in Court of Appeal held accordingly that the right of inspection the case of London and North-Western Railway Co. v. Donellan, existed only while the company was a going company, and which was an action brought to recover rent due in respect of reversed the order of GRANTHAM, J. trucks left standing by the defendant on railway sidings belonging to the plaintiffs, the rent in question being claimed under a circular addressed by the plaintiffs to all their traders,
THE ORDINARY provision in articles of association, that the including the defendant, which notified that such rent would be directors may in the case of shares not fully paid up refuse to claimed. The defence raised was that the county court could register a transfer to a person of whom they do not approve, not entertain the action because, under the London and North- does not, it is well settled, throw upon the directors the burden Western Railway (Rates and Charges) Order Confirmation Act, of justifying their refusal. The question was thoroughly dis1891 (54 & 55 Vict. c. ccxxi.), jurisdiction to determine the cussed in Ec parte Penney (L. R. 8 Ch. 446), and the position of matters in difference was given to an arbitrator. The opact- directors would have been made very unpleasant had a different mont relied on is contained in section 5 of the schedule of principle been admitted. In exercising such a power the direcmaximum rates and charges appended to the Act. It provides tors are in a fiduciary position to the company and to every that “the company may charge for the services hereunder men. I shareholder in it, and the question of the proposed transfer must tioned or any of them” (including detention on the company's be fairly considered by the board. But by considering it the line, for an unreasonable time, of trucks laden with merchan- directors do all that is required of them. They need not assign dise) “when rendered to a trader at his request or for his con- their reasons, and the court will not interfere unless it is made venience, a reasonable sum by way of addition to the tonnage out that they have been acting from some improper motive rate. Any difference arising under this section shall be determined or arbitrarily and capriciously. It is for the person impugning by an arbitrator, to be appointed by the Board of Trade at the instance their conduct to make out that such has been the case. "I of either party. : Provided that where, before any service is cannot,” said James, L.J., in the case just cited, “conceive that rendered to a trader, he has given notice in writing to the com, any director would choose to accept office or exercise the power pany that he does not require it, the service shall not be deemed entrusted to him if he were liable to be called upon to say what to have been rendered at the trader's request or for his conveni- the particular reasons were, or the particular motive was, which ence.” The county court judge upheld this defence, consider- influenced bim in coming to the conclusion that any person was i-- .hat there was a difference between the parties, within the not eligible as a shareholder.” This principle has been acted meaning of the section, fit to be determined by an arbitrator. upon by the Court of Appeal in dismissing the appeal from the At the same time, he made a special finding to the effect that, decision of STIRLING, J., in Re Hannan's Gold Mining Co. (Limi. though the plaintiffs had demanded the siding rent, the defen- ted). Allegations were made that the directors were refusing to dant had always refused to pay it, and alleged that it was
register transfers of a certain class of shares for the
of exorbitant and unjust. On appeal, however, the Divisional keeping them out of the market, but the allegation was not Court (Wright and DARLING, JJ.) reversed this decision, hold-established. The transferor, therefore, who complained that ing that there was evidence of a contract to pay the siding rent, the transfer tendered by him had been improperly rejected, was and that no case for an arbitration had been made out. That not able to make out his case, and he was not allowed to shift there was_a contract binding on the defendant seems clear the onus of justifying the rejection on to the directors. The enough. For, notwithstanding the above findings of the county court, said the Master of the Rolle, ought to presume that the court judge, which negative acquiescence properly co-called (as directors were acting within their powers until the contrary is to which see Mitchell v. London and Yorkshire Railway Co., 23 W. R. 853, L. R. 10 Q. B. 256), the defendant by omitting, in compliance with the above enactment, to give notice in writing to the plaintiffs that he did not require the services charged for
IN THE recent case of Hemming v. Davis (reported elseto be rendered, precluded himself from denying that they were for costs to be given in an action remitted to him from
where) the power of a county court judge to direct security rendered at his request. The question of jurisdiction, however, the High Court was under review. On the bankruptcy presents greater dificulty, as the language of the above enact of the original plaintiffs in an action to recover £57 for ment certainly seems to contemplate resort to arbitration, whatever the cause of difference may be, and whether arising out of goods sold and delivered, their trustee in bankruptcy was breach of contract or otherwise. It is, therefore, satisfactory to added as plaintiff, at his own request, under the provisions find that the Divisional Court, in the case under consideration, mitting the action to the county court, under section 65 of the
of R. S. C., ord. 17, r. 4. Afterwards an order was made regave leave to appeal.
County Courts Act, 1888 (51 & 52 Vict. c. 43). Subsequently,
the county court judge, by order, directed the trustee in bank. SECTION 32 of the Companies Act, 1862, secures both to ruptcy to give security for costs under section 94 of the last