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THE SOLICITORS’ JOURNAL Jul I5 I3

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_ July 16,1898} p THE SOLICITORS’ JOURNAL. [Vol.42.] 661

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Amended notice substituted for that published in the London Gazette of April 29: Mlnmloas, JAMES, Shanklin, IW, Coal Merchant Newport Pet April 14 Ord April 25

FIRST MEETINGS.

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Rec, Walsall
ADJ UDICATIONS.

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LAW FIRE INSURANCE SOCIETY, 114, Chancery-lane, London.

Notice is Hereb Given that nu EXTRAORDINARY GENERAL MEEBING of the Shareholders of the nbove Society will be held at the Bcclsi'i"s Houss, in Cln.\'callr— LAII, on Tuaso LY, the 26th inst., to elect a Director in the place of George Ernest Steward, Esq., deceased.

The Candidate for the vacant seat is Edmund Trevor Lloyld Williams, Esq., of Clement's-iun, Solicitor.

T e Chair will be taken at 1 o'clock precisely.

By order of the Board of Directors,
GEORGE WILLIAM BELL, Secretary.

TERM [NABLE DEB ENTUBES.

NATIONAL MORTGAGE AND AGENGY GUMPANY OF NEW ZEALAND, LIMITED.

Chairman - - - H. R. GRENFELL, Bq.
CAPITAL - - - £1,000,000.
Culled Up, £200,000. Uncalled, £800,000.

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The Company receives money on Debentures for fire or seven years. Interest paynbe hall’-yearly by coupons attached to the Bonds.

By the Articles of Association the issue of Debentures is restricted to the amount of the uncalled capital, and they are secured by a Trust Deed, establishing n preferentlal charge thereon for the holders.

Prospectuses and full information as to the rates of interest may be obtained from the Manager, 8, Grunt Winchester-street, London, E.C.

LAW.—Wanted, a thoroughly competent

Conveyancing Draftsman, over thirty years of age and unndmitted; must be experienced in Company and Commercial Drafting, and able to act without supervision ; very liberal salary to thoroughly comgletent ml\u.—Apply, wit references, Colwsrllllcsa, “ ollcltors' Journal Omce, 27, Chancery-lane, W.C.

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THE House of Lords have given in the “ Solio ” trade-mark case (Eastman Photographic Materials 6'0. v. Comptroller-General of Patents, tiw.) an exceedingly important decision on the eifect of section 64 oi the Patents, Designs, and Trademarks Act, 1883, as amended by section 10 of the Act of 1888. The section, as it originally stood, prescribed as one of the forms which a trade-mark might take : “ (c) a distinctive device, mark, brand, heading, label, ticket, or fancy word or words not in common use.” The expression “fancy word or words" caused, as is well-known, extreme difficulty, and the Court of Appeal sought to interpret them by the test that the word alleged to be a fancy word must be obviously meaningless as applied to the goods in question (see the “Melrose ” and “Electric” cases (35 W. R. 294, 34 Ch. D. 623). To remove this source of litigation the Legislature, by the Act of 1888, struck out of clause (0) “fancy word or words not in common use,” and added two new clauses. A trade-mark might, under the altered section, be (J) “ an invented word or words; or (e) a word or words having no reference to the character or quality of the goods, and not being a geographical

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name.” it is doubtless easier to say whether a word is invented than whether it is a fancy word, and hence a great part of the difficulty which arose on the earlier enactment disappeared, but the practical advantage of the change was very largely discounted by the rule laid down by the Court of Appeal in Ra Farbanfabrikm (42 W. R. 488; 1894, 1 Ch. 645), that clauses (d) and (a) are to be read together, and that an invented word is inadmissible if it has reference to the character or quality of the goods. Upon this ground the word “ somatose " was rejected in that case, although it was allowed to be an invented word. But the House of Lords have now held that this construction, for which there seems to have been no justification, was wrong, and that a word, provided it is invented, is a good trade-mark notwithstanding that the inventor has been skilful enough to introduce into it an allusion to the character or quality of the goods: Hence the word “solio,” as applied to photographic paper, was allowed to be good, though the Court of Appeal had seen it in a reference to the sun, and had on that ground rejected it. The decision will completely revolutionize the practice at the Patent Oflice, where it seems the applications for the registration of new trade-marks have recently fallen ofi in consequence of the stringency of the oficial requirements. In future the only point to be considered will be whether the proposed word is an invented word or not, and the British

trader and his literary advisers will be at liberty to enrich the 4 language at their pleasure. "

Tm; REPORT of the Examination Committee of the Council of the incorporated Law Society on the London University Commission Bill, which has just been adopted by the Council, insists upon two points. The committee object to any compulsory inclusion of the Incorporated Law Society in the proposed teaching university, and they do not see how an articled clerk in London can reconcile attendance at such a university with the requirements of his ordinary office work. The compulsory inclusion of the society as a constituent of the new university would apparently interfere with the conduct by the society of its own examinations, and might lead to its being compelled to accept the examination tests of the new university to the exclusion of the tests of the older universities. It is not clear that this will necessarily be the result of the passing of the Bill, but if there is any doubt the committee are quite right in advising that such a contingency should be prevented. The society, it is pointed out, represents country solicitors as much as town solicitors, and acts in close association with the country law societies, sixty-seven in number. It assists, l by money grants, law schools and lectures in the provinces more or less of a university type. Its charters and Acts of Parliament give equal privileges to the Universities of Oxford and Cambridge, London, Victoria, Dublin, and Durham, and the degrees of any of these universities reduce the term of service underarticles from five to three years. At the present time, it seems, more than 90 per cent. of articled clerks who are graduates come from Oxford and Cambridge. Whatever use may be made of the new London University this equality of treatment as between the difierent universities must be preserved. The committee report, consequently, that upon the question of compulsory inclusion the Incorporated Law Society ought to follow the example of the Inns of Court and to secure an amendment under which the association of the society with the future university will remain a subject for mutual discussion and voluntary arrangement. Upon the question of the use of a university to articled clerks in London the committee perhaps take an unduly pessimistic view. So far as possible the examinations of the university may reasonably be made available for admission on the roll, and it is not improbable that a student who has to combine practical work with theoretical reading would carry on the latter pursuit more! effectively as a member of the university. The conclusion to which the committee come is that no degree conferred by a university should exempt any student from service under articles, l or from the necessity of passing the final examination of the l society. The latter point is in accordance with the opposition of ‘

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the society to Mr. Wsnn's Bill. It may be observed that when the new university assumes actual form it will be easier to say

how far it can be made available for the purposes of professional legal education, and possibly the present conclusions will than have to be modified.

WE MUST refer “ A Banker’s Solicitor ”—-whose letter, relating to mortgages of registered land by deposit of the certificate, we print elsewhere—to our article on this subject, at pp. 361, 362, ante. ‘V0 will, however, state shortly here the views which we entertain on the points raised. It is not so much section 49 of the Act of 1875 as the last paragraph of section 8 of the Act of 1897 which we must look to in order to determine the effect of depositing the certificate. Now, under that paragraph, the deposit of the certificate, and, in the case of a possessory title, the deeds relating to the title of the first registered proprietor, is to create a lien. Further, this lien may be protected by notice on the register that the certificate has been deposited (rule 190), and the notice will also operate as the lodgment of a caution (-176.). The lien is to be subject to “registered estates, charges, or rights ”; hence the mortgagee must satisfy himself as to these registered rights. The certificate, if noted up to date, will clearly shew what registered estates and charges there are, since it must be produced before they are registered (Act of 1897, s. 8 (1) ; but we do not think that the words “On every entry in the register of a disposition by the registered proprietor of the land or charge to which it relates, and on every registered transmission or rectification of the register” (see section 8 (1) ) cover the case of the lodgment of a caution (see Act of 1875, ss. 53-6, 64), nor should they so do, inasmuch as the lodgment of a caution j§\a transaction adverse to the registered proprietor, We appreliendfhowiever, that cautions lodged why the certificate is issued or noted up will appear on the certificate (see First Schedule to rules, Form 56); but before the original advance is made the mortgagee should require an official search to be made, and this can be done by telegraph (rule 215). Suppose that the mortgagee has made the search, found nothing, taken a deposit of the certificate, made the original loan, lodged the prescribed notice, and desires to make a further advance, will he or will he not be bound to make a further search for cautions? We submit that, so long as he has not received a notice which, under the general law, would prevent him at his peril from making the further advance, he is not bound to make the search. This, however, depends in the main on the meaning of the words “rr_'_elglistered rights” in the last paragraph of section 8. I Bits ' words 'include the rights protected by a caution lodged subsequently to the deposit of the certificate, then our contention is wrong unless the lodgment of notice of the deposit has the effect of postponing the rights of the cautioner, on the ground that he ought to have searched for such a notice and given an express notice of his rights to the mortgagee. We submit, however, that the term “registered rights” does not include rights protected by a caution, for a caution is lodged for the purpose of obtaining notice of registered dealings, and a mortgage by deposit can hardly be said to be a registered dealing. There is nothing in the Acts to say that a caution when discovered on search is to operate as notice of the right protected, though a mortgagee by deposit would be well advised not to make an advance if he discovered one, until he satisfies himself as to the right protected. The result, we submit, is that a mortgagee by deposit will be safe in making further advances without a search so long as he has lodged notice of the deposi t, but if that notice is not lodged, query whether e wou not, in favour of a cautioner, be postponed as regards further advances made subsequently to the lodgment of the caution, as wella-1 losing his right to indemnity.

Tim CASE of Hannaford v. S3/ms was decided by CHANNELL, J , in favour of the defendant on the ground that there was no privity of contract between the parties to the action. The circumstances were somewhat peculiar. The plaintiff, an auctioneer, was employed by the country solicitors of a mortgagee to conduct the sale of the mortgaged property under an order of the court. The purchase-money was paid into court, and the defendant, the London agent of the country firm, carried in the bill of costs for taxation; it included a sum of

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