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withdrawn or stopped the sherifi was entitled to the same fees as if the execution had been completed, including poundage. Lee v. Dangar, Grant, §— U0. (1892, 2 Q. B. 337) was an authority.
Kimsiznr, J ., said that there would not have been a review of the district registrar's allowance had he taken the sheriiI's poundage into consideration, but here he had refused to consider that head of fees altogether.Covxsan, Bosanquzt, Q,.C., and Loelmis ; J. 0. Graham. Soucrroas, Thomas White 4- Sons, for Hand Q Uo., Stafford; Cook 5- Ellis, for Dunnicliflb, Burton-on-Trent.
[Reported by C. G. WILBBAHAI, Barrister-at-Iaw.]
This was s. motion for judgment under ord. 27, r. 11. Tho action was brought in July, 1897. No appearance was entered by the defendant. The plaintiff thereupon filed a statement of claim. No defence having been delivered, the plaintiff now moved for judgment. The action was brought to recover £200 under an agreement dated the 13th of May, 1896, and for an order directing the defendant to transfer 1,000 fully-paid £1 sl ares in a company called the London and Cripple Creek Reduction Corporation (Limited) in accordance with_the terms in the same agreement. The statement of claim, after setting out the agreement and alleging that the plaintiff had done all things to entitle him to the amount claimed and to the transfer of the shares, concluded as follows: “The defendant has failed to pay the said plaintiff the said sum of £200 or any part thereof, and has neglected and failed to execute any transfer of the said 1,000 fully-paid shares or any of the same notwithstanding the said 1,000 shares have been allotted to him." Ord. 27, r. 1~l, is as follows : “ In all other actions than those in the preceding rules of this order mentioned, if the defendant makes default in delivering a defence, the plaintiff may set down the action on mot-ion for judgment, and such judgment shall be given as upon the statement of claim the court or a judge shall consider the plaintiff to be entitled to."
Tan Conn-r (Warcar and KENNEDY, JJ.) declined to make the order, on the ground that the court were asked to grant specific performance of the transfer of the shares and the statement of claim did not allege that the defendant was possessed of any shares. The last paragraph of the statement of claim was consistent with the defendant having already disposed of the shares allotted to him. Tho motion was ordere to stand over until the trial of the action.—Cormsa1., Tindal Atkinson and (7. Scott. Somcrroas, Bartlett 4- Gribble.
The usual monthly meeting of the board of directors of this association was held at the Law Institution, Chancery-lane, London, on Wednesday, November 10, Mr. Lewis Fry, liI.P. (Bristol), in the chair. The other directors present were Messrs. H. Morten Cotton, Wm. Geare, John Hunter, J chn H. Kays, F. Rowley Parker, Henry Roscoe, Sidney Smith, Richard W. Tweedie, E. W. Williamson, F. T. Woolbert, and J . T. Scott (secretary). A sum of £855 was distributed in grants of relief, five new members were admitted to the association, and other general business transacted. Mr. Henry Morten Cotton was elected chairman of the board for the ensuing year.
It is stated that tho Lord Chief Justice has so far recovered from his recent accident that he has been able to return to his town house in Harley-street this week. He is expected to resume his scat in court on Monday next. v
The members of the Oxford Circuit have invited Mr. Justice Darling to a complimentary dinner in celebration of his recent elevation to the Bench; and the members of the North-Eastern Circuit will entertain Mr. Justice Ridley at dinner at the Hotel Metropole on Wednesday, January 26.
The Si. Jamea's Gazelle says that whilst Mr. Justice Kekewich was returning home from Watford on Saturday iu last week in a hansom cab the horse fell, and the judge was pitched forward with considerable violence. He receiveda rather severe shock to the system and some bruises on his leg.
Mr. James Leake, jun., solicitor, of Shifnai, Salop, who has been the chairman of the Shifnal Parish Council since the Local Government Act, 1894, first came into operation, has been entertained by the members of that council at a complimentary dinner and also presented with an illuminated address.
"§Sir R. T. Reid, Q,.C., M.l’., has been sworn in as a Justice of the
Peace for Kent. Sir Robert will take the chair next week, at the
Holborn Town Hall, on the occasion of the annual smoking concert in aid
gt the Sick and Provident Fund of the staff of the Royal Courts gf ustice.
The Judicial Committee of the Privy Council resumed their sittings on Wednesday. Their first list of causes contains ten appeals for hearingviz., from Allahabad 4, Oudh 2, New South Wales 2, and the Punjab and Victoria one each. There are also three petitions for the prolongation of letters patent.
A return has been published showing the receipts and expenditure in respect of the High Court of Justice and the Court of Appeal during the year ended March 31, 1897. The total receipts during this period are given as £481,048 4s. 10d., being a decrease of £16,691 4s. 7d. on the total for the previous year. Tho total expenditure was £618,514 9s. 9d., a net decrease of £15,984 16s. 5d. as compared with the figures for the year ended the 31st of March, 1896.
The death on the 5th of November is announced of Mr. Horatio Brandon, who practised as a solicitor at No. 15, Essex-street, Strand, for forty years in partnership, firsily, with his brother, who died in 1888, and subsequently in partnership with his eldest son and the eldest son of his deceased partner, who now succeed to the business in Essex-street. To the deceased London is largely indebted for the possession in its present condition of Leicester-square. Few persons of the present day are able to recall the hot-bed of every abomination which the old square was before the deceased gentleman solved the legal problem of its acquisition, and induced Baron Albert Grant to find the capital for the purchase. The presentation of the square, embellished as it now exists, by Baron Grant to the nation remains a record in the history of London.
In the course of the trial of the matrimonial suit of Bailey v. Bailey, on Friday in last week (says the Times), Mr. Inderwick, Q,.C., complained that both sides had experienced considerable difilculty in obtaining sitting accommodation for their witnesses. As a matter of fact, most of them were obliged to stand about the whole day in the corridors outside. The President said : I entirely agree. These Law Courts are probably the most ill-constructed buildings of their kind in the world. Mr. Indorwick, Q.C.: The courts were designed with the idea that the public should occupy only the places set apart for them in the gallery, and that the body of the court should be kept entirely for the accommodation of those actually engaged in the cases and the members of the bar. The public, however, fill every available seat in court long before t-he parties arrive when any sensational case is on, and the result is that no place is left for witnesses. The President said he should direct the usher to find seats for the witnesses in the body of the court, and if the public had tobe turned out they must find seats in the gallery.
Mr. J. M. Leiy writes to the Tim; the following letter: “The Land Transfer Act of the late Session very strikingly exemplifies the evils of
that allusive legislation to which you recently allowed me to direct public attention in your columns. The 20th section enables her Majesty the the Queen in Council to apply compulsory registration to any ‘ county or psrt of acounty,' and enacts that for the purposes of the section the word ‘ county ’ shall have the same meaning as in the Local Government Act, 1888. The interpretation clause of the Act of 1888 enacts that the word ‘ county ' does not include a county of a city or county of a town, and separately defines ‘ administrative county ' as meaning the area for which a county council is elected, thus including thc areas of the County of London, of the three Itidings of Yorkshire, and of other divisions of other counties. Assuming it to bc quite clear, on carefully comparing the two Acts, that the County of London is a county to which the 20th section of tho Act of 1897 applies, I think all persons interested have strong ground of complaint that, in order to know the law on so important a matter as to what area compulsory registration of titles on sale may be applicable, they should be obliged to rely, not only upon an incorporation by reference, but on an incorporation by reference tiresoinely incomplete.”
THE PROPERTY MART.
Nov. 15.—Messrs. Sr. Q.i1iiwri.v 8: Soy, at the Mart, at2 p.m., Leasehold Mansion in Mayfair, with-possession. Solicitors, Messrs. Travers, Smith, Braithwaite, & Robinson, London. Also Leasehold Property in the City of London producing nearly £1,300 poi" aunum. Solicitors, Messrs. Wilde, Moore, and Wigston, Iondon. (See advertisements, Nov. 6, p. 23).
Nov. 16.—'Me-asrs. DEBENIIAM, Tnwsos, FABBIER, & BBIDOIWATER, at the Mart, at 2 p.m., Freehold Shop and Premises in Clapham, let on lease at £160 per nnnum. Solicitor, John Bartlett, I-)sq., London. ((;See advertisement, Nov. 6, p. 28.)
Nov. 17.—hIcssi‘s. H. E. FOSTEYI & ii1isrii~:i.i>, at the Mart, at 2 p.m., a Profit Rental of £60 per annum, secured upon 18, Tottenham Court-road, let at £200 per annum for 5 years. Solicitors, Messrs. Stanley Evans & Co., London. Freeho d Groundrvnts amounting to £370 per annum, secured upon Properties in Chelsea. Solicitors, Messrs. Adams & Adams, of London. (See advertisements, this week, back page.)
Nov. 17.—Messrs. EDWIN Fox 8: BOUSFIELD, at the Mart, at 2 p.m., Freehold Estate in Cavendish-square; let at £1,500 per annum for an unexpired term of 31-years. Solicitors, Messrs. Walfords, London. Freehold Estate in Pall-mull. opposite Marlhorougli House; let at £500 per nnnum. Corporation Lease of Oflices and premises occupied by the Grand Junction ¥Viitcr\vorks Co. in Brook-street, W. ; let on lease at a ground-rent of £500 with reversion in about 30 years. Solicitors, Messrs. Eardley Holt, Ilulbert, 8: Hubbard, London. (‘See advertisements, this week, p. 3.;
Nov. 18.-—Mci~isi1i. H. E. FOSTER & CRANFIBLD, at t e Mart, at 2 p.m.—
To a Legacy of £100. and to one-sixth of one-third of ii Rcsiduary Estate amounting to £8,283, secured upon Mortgages and £2,020 Railway Stocks, lady aged 48, with contingent Reversion to one-sixth of ll moiety of one-third cifotlée residue, also 2 similar Reversions. Solicitor, Ernest Bevir, Esq.,
To one-fifth of a Residuary Estate, value £8,500, invested on Mortgage and Fresholds; lady aged 75. Solicitor, A. M. Griffith-\Villiams, 1153.. London.
To £12,000, secured upon Valuable Estates in Northampton an Leicester; lady aged 60, Solicitors, Messrs. Ley, Wood. 8: Rickcrby. of Cheltenham.
To 328 shares of £10 in Messrs. John Fowler 6: Co., of Leeds; lady aged 67. Solicitor, Arthur Willey, Esq., Leeds.
To Leasehold Propertiesin cou.nty_Cork, on decease of a gentleman without issue, aged 75, provided reversioner, aged 53, survives him; with Policies. Solicitors, Messrs. Colyer& Colyer, Lon on.
Of a lady §cd 33 in Freehold Property at Patchaui, with Policy for £500. Solicitors, cssrs. Colyer & Colyer, London.
Of a gentleman aged 29 in about £729 per annum in Railway Stock, &c., and Reversion to an Estate valued at £32,000; lady aged 33. Solicitor, E. M. Lazarus, Esq., London.
Of £200, payable during the lives of a peer aged 66, and his son aged 22, secured upon estates in Ireland; also Reversionary Life Interest in the income arising from the‘ above on the death of the pier, provided the son,
Llcrpgcd 22, be living. Solicitor, H. Stanley-Jones, Esq., ndon.
PO : For £3,000, £2,000, £2,000, £1,000, £600, £500, £500, £500, £500. Solicitors, Messrs. Lovell, Son, & Pit-field, London. SHARES: ln Ba%)t Pneumatic Tyre Co. and Lee Lamp Parent Co. Solicitors, Messrs. Meat dz le Lo d
BLACRBOD nan Wrens Con. Co, Liiii-i-rn—Ci-editors are required, on or before Nov 22, to send their names and addresses, and the particulars of their debts or claims, to Thomas Bushten, 45, Fisher-gate, Preston
Fioariso METALLIC PACKING C0, Lmirsn—Creditors are required, on or before Dec 17, to send their names and addresses, and the particulars of their debts or claims, to James Cozans. 111, Exchange Docks, Cardiff
METROPOLITAN Paras. Co, Liiii'ritn—Creditoi's arc required, on or before Dec 6. to send their names and addresses, and the particulars of their debts or claims, to Mr Henry Spain, 76, Coleman st. Willde, 24 and 23, Basinghall st, solor
New Bsssros Cross C0, Liiii1'ln—Creditors are required, on or before Dec 10, to send their names and addresses, and the particulars of their debts or claims, to Mr George Henry Sharp, Quinton Works, Cheylesmore, Coventry. Hughes & Masscr, Coventry, solors for liquidator
Sivax 6: LIACII Lii|irsi>—Creditors are required, on or before Dec 17, to send their names and addresses. and the particulars o their debts or claims, to Mr W. H Leach, 3, Pl'll'lC£'& st, Manchester. Robinson & Co,!M.anchsstcr, sclcrs to liquidator
AiiAi.oAu_\'rsi> Licsxsrn VicruAi.i.s.as Mislaai. Warns Asn Coiioians M.isnr.-\cruai.w Co, Liiiirln——Petn for winding up, presented Nov 4, directed to be heard on Nov 17. Goodman, 4, Bishopsgate st Wi hout solor for petner. Notice of appearing must reach the above-named not later than 6 o'clock in the afternoon of Nov ll
BBEAGE Tix Mime, Lii|i'r|:o—Creditors are required, on or before Dec 18, to send their names and addresses, and the particulars of their debts or claims, to Thomas Bawden Provis, St Mawes, RSO, Cornwall Daniell & Thomas, Camborne, solcrs for liquidator
Gucci: Eiicixssaisc Co, Luirrsn—Petn for windingup, directed to be heard on Nov 17. Hextall, 10, Ironmonger lane, solor for petners. otice of appearing must reach the above-named not later than 6 o'clock in t e afternoon of Nov 16
Miiruui Fi.o'rii.i.1i Co, Liiii-ritn~Creditors are required on or before Feb 5, to send their names and addresses, and the particulars of their debts or claims, to J. A. Pancluud, 28, Fenchurch st
Ps'auiiiiri<: Hssxsss SYNDICATE, Linn-rso — Peta for winding up, presented Nov 3. directed to be heard on Wednesday, Nov 1?. Raphael 8: Co, 59, Moorfite st, solors for petncr. Notice of appearing must reach the above-named not later t n 6 o'clock in t ie afternoon of Nov 16
BALOCIN Parnsr CARRIAGE Wiinsn Co, Liiii'r:n—Petn for winding up, presented Nov 4, directed to be heard on Nov 17. Morris, 2, Walbrook, solor for petners. Notice of appearing must reach the above-named not later than 6 o'clock in the afternoon of
Pains, WILLIAM, Hanley Nov 8 Worthington, Hanley
Aiissiisiis, WILLIAI, Tunbridge Wells, Baker Tunhridge Wells Pet Nov 1 Ord Nov 1
BATIKAN, Ssuusn, Amroth, Pembroke, Grocer Pembroke Dock Pet Nov 1 Ord Nov 1
Bsrnss, Hsnslar, Stradbmke, Suffolk, Saddler Ipswich Pet Nov 3 Ord Nov 3
Bnoon, Giionas, Birmingham, Carpenter Birmingham Pet Nov 1 Ord Nov 3
BOABDIAN, Jens, Halliwell, nr Bolton, Packing Case Maker Bolton Pet Oct 29 Ord Oct 30
Boiviis. Enwsiin, Msidstone, Builder Maidstone Pet; Oct 7 Ord Nov 3
Bowsrr, Rsunas J oiix, Altrincliam, Grocer Manchester Pet Nov 2 Ord Nov 2
Basis, lasso, Staple Hill, Glos, Wheelwright Bristol Pet Nov 2 Ord Nov 2
llaowss, Hinrnr Fasscis Wonrs, Stoke, Suffolk High Court Pet Oct 30 Ord Oct 30
Contents. Cunssur TOPIC! ...................... .. 39 Loan Esiii=:s‘s F.ui.swsi.t. ............... .. 52 Tus Ran. Rn-sssswrsrivc 42 NEW 01""-BB. &<> 53 Rsvmws ....... .. 44 Ln“ NH" 53 Couar Plmsns 53 C°B’“"°xD““ M Wnioiso Us Norioss 51 mw s°°“"'“' ' 43 Cssoi-rose’ No-riols... 54 Law Briioss-rs‘ Jouniui. ................ .. 51 Bulsorrcr No'rioss........ 55 Cases Reported this Week. In the Solicitors’ Journal. In the Wlwlcly Rsporlar.
Attorney-Geneiul v. Teddington Urban Attorney-General v. Beech .... .. 41
District Council ....................... .. 46 Derby Corporation v. Dsrbyshire County Dawson v. The African Consolidated Council ........................................ .. 48 LBHF1 and Trfldlng C0. (Lim ) 45 Jay and Another v. Budd .... .. . 34
Hunt V-_FI1,DI1 ........ .. 47 K‘lI'&Sl(llO!!lR Exploring and Pro t-
R5l°‘Rh "- G°§_°h°l1 46 REEL (011 the Prosecution of the Rsv. Townend v. Kirkham .. 45 David Evans) v. Bishop of Durham... 86 > Stuart, In re. Smith v. Stuart 41
Loan Esi-1na’s farewell was a genuine success—a matter which cannot be averred of all judicial leave-takings. The Bar, in spite of the growls one has heard from men who did not relis the kind of so-called argument which was alone permitted when the late Master of the Rolls was in his seat, were heartily sorry to say farewell to the old man. The old man himself was in riotous spirits—as happy, he said, as a man could possibly be. Even on this solemn occasion he could not forbear from his accustomed “ chaif ” ; witness the most unsound reason he alleged for his becoming a judge, namely, that he had always made up his mind to be one, and his solemn exhortation to the serried ranks of barristers before him to go and do likewise. But, in touching on the rinciplos on which he had acted during his udicial career, Lord) ESHER said, in all seriousness, a great deal which (if, perhaps, in parts, somewhat exaggerated) may, nevertheless, be very profitably considered.
Tun sun at stake in the case of Jones v. Spencer (considered by the House of Lords on Tuesday last) was trifling; the consequences of the decision in that case may be of great importance. The extreme reluctance of tho Court of Appeal, as constituted before the recent changes, to grant a new trial upon the ground that the verdict was against the weight of evidence was so well known that applications of this nature have diminished almost to vanishing point in recent years. The principle upon which