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certificate, and Mr. G. B. ALLEN, who was a member of the value to any statement, and upon this really depends the Inner Temple, took out his first certificate in the year 1847. admissibility of such statements. If, however, a dying person The fact that he enjoyed a very considerable practice until quite is to be closely questioned and something in the nature of a recently, in spite of the destruction of most of the old techni- deposition taken, it is most advisable that this should be taken calities of pleading, of itself shows how much his great skill in in the presence of a magistrate, as was done in the recent his own branch of legal business was valued. Many a man in case. A magistrate of experience, assisted by a medical man, good practice to-day studied in his chambers and owes much of will not under such circumstances be likely to put down any his success to what he there learned. His loss will be mourned answers ale the deceased quite understands their moaniog. by many friends, but by none more sincerely than by his many It is clear, however, that such a statement taken by an irold pupils, by one and all of whom he was regarded with much responsible person, or by one likely to be biassed in any way, affection.
should be received with the utmost caution.
THE NEW Vaccination Act continues to trouble the metropolitan police magietrates, and, notwithstanding their conference on the
WITH THE coming into force of the Criminal Evidence Act, subject, the practice in the different courts presents considerable 1898, a somewhat novel restriction will be placed upon the variation. In some courts the mere statement by the applicant liberty of speech of counsel. Hitherto, in a case where a that he has a conscientious objection to having his child vacci- prisoner might have given evidence in his own behalf but has nated is considered sufficient to require the magistrate to grant refused to take advantage of his privilege, such refusal has bis certificate. In others, and notably in that presided over by commonly been criticized by the prosecuting counsel. Under the the latest addition to the metropolitan bench, the grounds of new Act, however, it is provided that the failure of any the objection are enquired into, and if on cross-examination the accused person to give evidence shall not be made the subject applicant's objection appears to be based on hearsay or on the of any comment by the prosecution.” There is no attempt to fact that vaccination involves temporary illness or discomfort, or
Jimit in any way the discretion of the judge to comment upon on similar unsubstantial grounds, the application is refused. such failure, and if we may form an opinion from their past The difficulty, of course, arises out of the use of the word procedure, some of the judges will comment very severely upon “conscientious” in connection with such a subject as vacci- the failure of a prisoner to deny upon oath a charge nation. It is difficult to conceive that any person can
made against him when he is permitted to do. object to vaccination per se on religious or moral grounds: A few of the judges, however, have studiously avoided these can have no bearing in the matter, and it they be reflecting upon such failure. We may, therefore, expect eliminated what meaning can be ascribed to conscientious"? to find among their lordships some difference of opinion How, in other words, can a man's conscience be affected by the
how strictly the prohibition of comment by question whether his child is to be vaccinated or not? But as the counsel ought to be interpreted. May a prosecuting counsel in word is in the Act of Parliament, some interpretation must be his reply draw the jury's attention to the plain fact that the given to it; it clearly does not mean the same as "reasonable"; prisoner might have gone into the witness box, but has not the conscience of an individual may be affected by the most done so ? This plain statement of a fact cannot well be called unreasonable considerations, so that the reasonableness or other
comment,” but some judges may consider it an infringewise of the objection to vaccination does not come before the ment of the spirit of the Act. Again, is there anything to magistrate for decision. On the whole the true view appears prevent counsel in the opening, speech from impressing to be that the grounds of the objection, if it is stated by the strongly upon the jury that the only satisfactory answer to the
be one of conscience, ought not to be enquired into, evidence he is about to lay before them must be the explanation for the inquiry cannot result in laying bare so impalpable a least know whether the prisoner intends to give evidence or thing as a man's conscience : its workings are known to no one but the man himself, and his statement that his objection not, and such an opening cannot be said to be a comment upon a proceeds from its operations seems to be the best evidence failure to give evidence. If, however, subsequently the prisoner obtainable of that fact.
the same effect as a comment in the minds of the jury. In any
event this attempt to restrain the liberty of speech of counsel IN THE RECENT case of Reg. v. Whitmarsh, at the Central will very soon be useless, even if it has some effect for a short Criminal Court, there was uncommon instance of the time. Very soon it will be common knowledge throughout the admission in evidence of a dying declaration. The declaration country that an accused person may, if he chooses, give his was really in the form of a deposition, and was taken down by own explanation of the facts proved against him. Such explanaa magistrate in answer to questions by bim of a most leading in a short time be looked for as a matter of course. character. It was not, however, admissible as a deposition, as
When this the accused person was not present or represented. Counsel state of things comes about (as it inevitably must), overy juryfor the prisoner objected to the admission of this statement of man will naturally look to the prisoner to explain away, it he the deceased on the grounds-(1) that she was not, when she can, the facts proved against him. If the prisoner, then, when made it, in that "settled, hopeless, expectation of death" bis opportunity comes, fails to give any explanation, overy jurgwhich, according to numerous decisions, must exist in order to
man will draw his own inference, and probably that inference make a dying declaration admissible; and (2) that the state will be the same whether or not counsel comments upon the ment was made in answer to questions. As to the first ground,
failure. all that need be said is that it is a question of fact for the judge whether or not the deceased was in such a condition as to make THE RECENT judgment of KEKEWICH, J., in Perrins v. Bellamy her declaration admissible. The principle is well established (46 W. R. 682) strikes us as one of the most interesting which that a dying declaration is not admissible if there was any has yet been delivered on the curiously-worded enactment of hope of recovery in the mind of the deceased. As to the second section 3 of the Judicial Trustees Act, 1896. A remarkable ground, however, much more can be said. It has been held feature of the section is the manner in which it accumulates more than once that a declaration is not inadmissible merely the various requirements which must be satisfied before the because made in response to leading questions. But obviously court can grant to a trustee relief from the consequences of a in such a case, as a general rule, the weight of such a de. breach of trust. It must appear to the court that the trustee claration will be affected; and it is most important to have has acted honestly and reasonably, and that he ought fairly to in evidence both question and answer, and to have proof be excused for the breach of trust and for omitting to obtain that the deceased's mind was perfectly clear, and that assent to the directions of the court.
As KEKEWICH, J., points out, leading questions was not given merely through weakness. honesty in cases under the section can hardly be in question. Whether made in answer to questions or not, the deceased is not In the large majority of cases which come before the court the likely to wilfully make a false statement in the immediate trustees have acted honestly, and, when it is otherwise, the expectation of death. Such an expectation must give a peculiar breach of trust becomes of secondary importance because the
dishonesty puts it out of sight. Honesty is a condition prece- conduct founded on such relief is otherwise correct. But it is dent for relief under the section, but it is not, to use the learned always to be remembered that applications under the section are judge's words, "the gist of the position.' The governing peculiarly within the discretion of the court, and decisions can word in the section is "reasonably." Given a breach of do little more than illustrate tendencies. They do not establish trust, the trustee must be able to show that he acted precedents. reasonably. If he fails in this he is outside the benefit of the section; if he succeeds, then it is not clear what further elements he must import into the case for the
ACCORDING TO the daily papers, Mr. Justice DARLING on Wedsake of proving that he ought fairly to be excused for the nesday passed sentence on a French prisoner in French. Unless breach of trust and for omitting to obtain the directions of the learned judge's dialect was immaculate, this procedure would tho court. Mr. Justice KEKEWICH holds that in practice the seem to be an unjustifiable addition to the penalty imposed on requirements are satisfied by proof that the trustee has acted the prisoner. reasonably, and that the court is not bound to consider separately whether he ought fairly to be excused for the breach of trust unless some special case in that respect is made out REGISTRY OF DEEDS AS AFFECTED BY BANKagainst him. The provision as to omitting to obtain the direc
RUPTCY. tions of the court appears to the same authority to be super. In theory a register which is intended to show the dealings fuous. "I do not understand how a trustee is to be excused with land ought to be a faithful index to all matters affecting for a breach of trust without being excused also for not obtain the title, but under the County Registry Acts this has been by ing the directions of the court.” It is suggested that the no means the result in practice, and the recent case of Re Calcott words were added to the Act without due consideration. and Elvin's Contract (46 W. R. 457) furnishes a new instance "If the trustee, continued Mr. Justice KEKEWICH, “has where a transfer of land in a register county can be effected acted reasonably, I cannot myself see why, having come to the without any notice, so far as the register is concerned, to subconclusion that he has acted reasonably, one should go on to sequent purchasers. Putting aside devises by will, as to which consider independently whether he has omitted to obtain the there is no question, the Middlesex Registry Act, 1708, requires direction of the court or not.” To insist, indeed, on this a memorial to be registered of "all deeds and conveyances requirement would seriously mar the efficiency of the section.
of or concerning, and whereby any It may be surmised that the Legislature intended to sanction tenements, or hereditaments in the said county may be in any reasonable breaches of trust, and the burden of proving the way affected in law or equity.” To the term "conveyanca” a reasonableness is thrown on the trustee. But, according to wide interpretation has been given. “There is,” said Lord the present judgment, beyond this the trustee is not ordinarily CAIRNS, L.O., in Credland v. Potter (L. R. 10 Ch. 8), “no bound to establish his case.
magical meaning in the word conveyance'; it denotes an instrument which carries from one person to another an interest
in land.” Hence, under the corresponding provision in the old IN Perrins v. Bellamy the trustees were able to satisfy this test West Riding Registry Act (2 & 3 Anne c. 4), it was held that of reasonableness, and so they obtained relief. In 1879 lease- a further charge in favour of the mortgagoe of land required hold property, held for terms the unexpired residues of which registration, and that, in the absence of registration, it was to ranged from 52 to 73 years, was settled upon trust to pay the be postponed to a subsequent registered mortgage taken withincome to the settlor's wife for life, then to his two daughters out notice of the further charge. But under the Yorkshire for life equally, with an ultimate trust in favour of the children Registry Acts formerly, and under the Middlesex Registry Act of the daughters. The wife died in 1895. Upon her death the still, registration is not necessary unless there is an instrument trustees had to find a sum of £600 for estate duty, and their in writing. Hence it is not required in the case of an equitable attention was turned to the leaseholds as a possible means of mortgage by deposit unaccompanied by memorandum (Sumpter raising the money. Professional advice was obtained, and this v. Cooper, 2 B. & Ad. 223), or to protect the lien of a vendor for was in favour of disposing at once of the whole property, and uopaid purchase-money (Kettlewell v. Watson, 26 Ch. D. 501). not only, as was originally contemplated, of the part held for the "Such cases,” it was said in Kettlewell v. Watson, "are not shortest terms. The trustees acted in the belief that they had provided for by the statute "-here, too, the repealed West a power of sale, and adopting the advice, which depended upon Riding Registry Act—"and it is not competent for this, or the state of repair of the property and the large outlay which it indeed any, court to hold a transaction to be within the would need to bring it up to modern requirements, they put up provisions of a statute when its language clearly does not apply the whole for sale in eloven lots. The purchasers of nine of the to the transaction in question.” lots completed, but as to the other two lots it was objected that Under the existing statute applicable to land in Yorkshirethe trustees had no power of sale, and upon a summons taken the Yorkshire Registries Act, 1884—this rule is altered. Ву out for the purpose the objection was upheld. The trustees had section 14 all "assurances” entitled to be registered under the sold without consulting the daughters who were then tenants Act are to have priority (save only in case of fraud) according for life. Subsequently one of the daughters and her two infant to the date of registration, and by sections 3 and 7 every lion or children sued the trustees for breach of trust. With spect to charge on land is brought within the category of assurances the children, KEKEWICH, J., held that no caso could be made entitled to be registered under the Act. Hence for a person in out. The realization of leaseholds with only short terms to run whose favour a lien or charge exists to secure the benefit of it as was from their point of view necessarily beneficial. The only against persons subsequently entitled, it is necessary that a persons who could be damnified would be the tenants for life. memoranduz should be signed by the person against whom the But although the action was sustainable by the daughter of the lien or charge is claimed, and that it chould be registered (see settlor, yet in the opinion of Mr. Justice KEKEWICH the Act of Re Hobson, 44 W. R. 615). But though the Yorkshire 1896 was against her. The key to the position seems, in his Registries Act extends the obligation of registration in this view, to have been the fact that the trustees believed they had manner, it still falls short of requiring registration of all iostru: a power of sale. Assuming such a power, then what they did ments affecting land, and the definitions given to assurance was reasonable, notwithstanding that they did not consult the and "conveyanca” do not bring within the scope of the Act an tenants for life. They acted upon competent professional agreement relating to the land which is not under seal (Rodger v. advice and they adopted a course which, in the interests of the Earrison, 1893, 1 Q. B. 161). remaindermen, was strictly proper. As a result, the children The recent case of R. Calcott and Elvin's Contract (supra) were provided with a substantial sum in lieu of a wasting property turned upon the meaning of the word "conveyance
" in the wbich, by the time they came to enjoy it, might have considerably Middlesex Registry Act. The lessee of premises in Middlesex diminished in value. It seems to follow that although, apart from under a lease for forty-onė years made in 1881 was adjudicated the Act, trustees commit a breach of trust at their own risk, yet, bankrupt in 1887, and at the same time an order was made under the Act, a bona fide belief that the transaction impugned was under section 121 of the Bankruptcy Act, 1883, for the summary within their legal powers may be a good excuse, provided the administration of his estate. By two indentures of mortgage
made by the lessee in 1894, when the lessee was still an undischarged bankrupt, he mortgaged the leasehold premises to
REVIEWS. secure the repayment of sums of money advanced by the
BOOKS RECEIVED. same mortgagee. The lessee made default in his payments under the mortgage deeds and in 1897 the mortgagee, in Retail of Intoxicating Liquors in England and Wales, with an
A Guide to the Law of Licensing so far as it affects the Sale by exercise of his power of sale, sold the premises. The two Appendix of Statutes and Forms of Licence. By B. STEPHEN mortgages were duly registered in 1894 in the Middlesex FOSTER, Barrister-at-Law. Waterlow & Sons (Limited). Registry, but no memorial had been registered to show the title
The Licensing Acts : Being the Acts of 1872 and 1874, together of the official receiver to the premises under the bankruptcy: with all the Alehouse, Beerhouse, Refreshment House, Wine and Notwithstanding this want of registration, the purchaser objected Beerhouse, Inland Revenue, and Sunday Closing Acts relating that the title of the official receiver had priority over that of the thereto. With Introduction, Notes, Forms, and Index. By the late mortgagee and he refused to complete. A summons was taken JAMES PATERSON, M.A., Barrister-at-Law. Twelfth Edition. By
Shaw & Sons ; out for the purpose of determining whether, under the circum- WILLIAM MCKENZIE, M.A., Barrister-at-Law.
Butterworth & Co. stances, the mortgagee could make a good title.
The difficulty, it is to be observed, arose because the bank Shaw's Manual of the Vaccination Law: containing the Vaccinarupt's estate was being administered summarily. In ordinary
on Acts, 1867, 1871, 1874, and 1898, with Introduction, Notes, and
Sixth Edition. Shaw & Sons ; cases the property of the bankrupt vests only temporarily in the Index. By a Barrister-at-Law.
Butterworth & Co. official receiver, and on the appointment of a trustee it passes to and vests in the trustee by virtue of section 54 of the Bank: Auctioneers, Estate and House Agents, and Public-house Brokers.
The Law relating to Commission Agents, and more particularly ruptcy Act. The same section provides, by sub-section (4), that By H. M. GIVEEN, B.A., Barrister-at-Law. Clement Wilson. “the certificate of appointment of a trustee shall, for all purposes of any law in force in any part of the British dominions The Unknown Workman. By FRANCIS TAYLOR PIGGOTT, Barrister
Two Chapters in the Law of Torts : (1) The Reasonable Man; (2) requiring registration of conveyances or assignments
at-Law. William Clowes & Sons (Limited). of property, be deemed to be a conveyance or assignment of property, and may be registered
Specification for Architects, Surveyors, and Engineers when speciwhere a trustee is appointed it is clear that his certificate of fying, and for all interested in Building, Revised and enlarged. appointment is to be treated as a conveyance within the mean- Quarterly, No. 2 (1898). Builders' Journal and Architectural Record. ing of the Registry Acts, and if the bankrupt's estate includes land in a register county, the certificate of appointment should be registered. But when a summary order is made under sec
CORRESPONDENCE. tion 121 of the Bankruptcy Act this provision of section 54 has no application. The official receiver is, by virtue of section 121,
THE TREASURY SOLICITORSHIP. the trustee in the bankruptcy, and since he requires no certifi
[To the Editor of the Solicitors' Journal.] cate of appointment such as is necessary in the case of an Sir,-By reason of the death of a brother, the Solicitor to the ordinary trustee, there is no instrument which, under the pro- Treasury has succeeded to a peerage. It may therefore be assumed vision just quoted, requires registration.
that the office of Treasury Solicitor will shortly become vacant, if it It was urged on behalf of the mortgagee in Re Calcott and is not already so. Elvin's Contract that, apart from any such express provision, been pressed upon the authorities again and again, and it is hoped
The just claims of solicitors to occupy solicitors' appointments has the order of adjudication was a conveyance requiring regis- the present Government will realize the injustice of appointing anytration, and this view was adopted by KEKEWICH, J., who one other than a practising solicitor to a solicitor's office. The regarded the order as equivalent to a vesting order under the voices of individual members of the profession are as "voices crying Trustee Act, 1893. Under the Act, he observed, the estate may in the wilderness," but solicitors expect the Council of the Incorbe vested directly by the order, or a person may be appointed porated Law Society to continue on this occasion the representations to convey. Such a convoyance is of course within the Registry made in former instances, and they can only hope that the just Acts, and the learned judge treated a vesting order, and also an claims and aspirations of the solicitor branch of the profession will order of adjudication under the Bankruptcy Act, as analogous. be recognized on the present occasion, and that a solicitor will be The distinction may be a fine one, but according to the decision appointed to the office which a solicitor alone is qualified and en
titled to fill.
HARVEY CLIFTON. of the Court of Appeal (46 W.R. 673) the vesting order and the
8, New-inn, London, W.C., Sept. 19. adjudication order must be placed in distinct categories. The immediate intention of the testing order is to pass the estate from one person to another, and it comes within the ordinary meaning of "conveyance." But the immediate intention of the
Mr. Skewes-Cox, M.P., solicitor, was successful in carrying order in bankruptcy is to adjudicate the debtor bankrupt and to through Parliament one of the very few Private Members' Bills provide for tho administration of his estate. It is only which were passed last Session. It was the Act to amend the Metroincidental that his property is vested in the official trustee, the politan Commons Acts, and the Richmond Town Council have latter result being an effect added by statute. In the words of unanimously passed a resolution “thanking Mr. Skewes-Cox for his Chitty, L.J., “it is by force of the statute that the property able and persistent efforts in the matter." They have also thanked passes and not by virtue of the order as if it were a con
Sir Robert Hunter, solicitor, for drafting the measure. voyance."
It is announced that a special service will be held in Westminster Abbey That this is the correct view is further shown by the inser. sittings, when the Lord Chancellor, her Majesty's judges, Queen's
on Monday, the 24th of October next, the first day of the Michaelmas tion in successive Bankruptcy Acts of the provision already Counsel, and members of the legal profession will attend. It is undernoticed for the registration of the certificate of appointment of stood that the arrangements will be the same as those of last year, when a trustee. The provision dates as far back as 1 & 2 Will. 4, c. this special service was first held. The service at the Abbey will begin 56, where it occurred in section 37 (s08 Anon., 1 D. & C. 349), at 11.45. and the requirement of such registration indicates that the The first sitting of the Manchester County Court since the attempt upon registration of the order of adjudication is not intended. There the life of his Honour Judge Parry in July last took place on the 15th inst., is, indeed, as LINDLEY, L.J., pointed out, no necessity to register when the business was taken by Mr. W. Golathorpe, deputy judge. it for the purpose of preventing, secret dealings with property, tised in that court knew the great urbanity of Judge Parry, and his which is the object of the Registry Acts, inasmuch as the fact desire to do that which was right to all parties. He was sure they all of the order of adjudication having been made is readily ascer- deplored extremely the reason which prevented his honour from fulfilling tainable. The Court of Appeal accordingly held that the order his duties in that court. It only seemed to him a few years since Judge of adjudication did not require registration, and hence, upon kindness and his general conduct, he very soon endeared himself to the the circumstances in Re Calcott and Elvin's Contract, the title of members of the bar, and to all who came within his sphere. Everyone the official receiver, although not registered, had priority over would rejoice at the recovery which he was making, and he (the deputy the registered title of the mortgagee, and the latter was not judge) hoped that before very long they might see him again in court, able to make a title to the purchaser.
discharging the duties of his office with the same ability that had always distinguished him,
Swansea and Neath. Tickets must be previously obtained at the Inquiry CASES OF THE WEEK.
Office, Guildhall, as admission will be by ticket only. The reading and
discussion of papers will then be resumed, and will continue till 4.30. Before the Vacation Judge.
At 7 p.m. a banquet will be given at the Albert Hall. The chair will be
taken by Mr. James O. Woods, the president of the Law Society of HUTCHINGS v. SEAFORD URBAN DISTRICT COUNCIL. 21st Sept. Swansea and Neath. LOCAL GOVERNMENT-DRAINAGE SCHEME-CARRIAGE OF SEWER THROUGH On Wednesday, the 5th of October, the annual meeting of the Solicitors'
PRIVATE LANDS-NOTICE TO OWNER-SURVEYOR'S REPORT_NECES- Benevolent Association will be held at the Royal Institution of South SARY”-INJUNCTION_PUBLIC Health Act, 1875 (38 & 39 Vict. c.
Wales at 10 a m. At 11 a.m. the reading and discussion of papers will 55), s. 16.
be continued. Luncheon will be provided at the Albert Hall as on the This was a motion on behalf of the plaintiff, Mr. A. B. Hutchings, that resumed until 4.30, when the business of the meeting will be closed. In
previous day, after which the reading and discussion of papers will be an injunction might be granted restraining the defendants, their work. the evening there will be a performance of “The Little Minister” at the men, servants, and agents, until the trial of this action or further order Grand Theatre, Singleton-street, which will be placed at the disposal of from committing any trespass on the lands of the plaintiff adjoining the visitors provided with tickets, to be obtained of the honorary secretaries. high road leading from Seaford to Eastbourne, both in the county of
On Thursday, the 6th of October, there will be two alternative excurSussex, and known as the Sutton estate, and from openiog the soil or
sions. The first will be to Margam Abbey, formerly the principal country laying pipes thereunder. In support of the motion it was said that the seat of Mr. Christopher Rice Mansel Talbot, M.P., for many years Lord plaintiff was, and had for upwards of fifteen calendar months been, the Lieutenant of the County of Glamorgan, and “Father of the House of absolute owner in fee simple of an estate situate in the parish of Sutton: Commons," and now of Miss Talbot. It is situate near Port Talbot, on cum-Seaford, near Eastbourne, in the county of Sussex, commonly the east side of Swansea Bay, and is one of the most beautiful residences known as the Sutton estate. Part of such estate adjoined the high road in South Wales. Visitors will leave Swansea by special train from the leading from Seaford to Eastbourne, and on that road a sewer had recently Great Western Railway Station, High-street, at 11.30 a.m. for Port been laid. Parallel with the high road there ran another road, known as Talbot, where brakes will be provided. They will on arrival pay a visit the Sutton-drove, and a road called Hindover-road ran into it at an (weather permitting) to the new docks at Port Talbot, which are apgle. All the land between the high road and Sutton-drove was the
now being constructed, and inspect the same, by permission of the plaintiff's property: A drainage scheme was in progress at Seaford, and Port Talbot Railway and Docks Co. They will then drive to Margam as part of the scheme it was desired to drain certain houses on the Abbey, and will be entertained at luncheon by Miss Talbot in the Hindover-road which were at present drained by a cesspool arrangement. orangery. After luncheon they will inspect the ruined abbey, gardens, On the 23rd of August, 1898, the defendants served the plaintiff with the and grounds, and will afterwards be entertained to afternoon tea by Miss following notice, dated the 22nd of August, 1898 : "Take notice that the Talbot, returning from Port Talbot at 4.30 p.m.
The second excursion urban district council for the urban district of Seaford, in the county of will be to Pennard, including Pennard Castle, the caves of Gower, and the Sussex, intend under and by virtue of the powers in that behalf conferred
Gower coast. Brakes for this excursion will leave Swansea, the Mumbles, upon them by the Public Health Act, 1875, to carry a sewer into, through, and Langland Bay, arriving at Pennard Burrows at about 1 pm. or under certain lands in the district of which you are the owner-that is Visitors will be entertained at luncheon by the Incorporated Law Society to say, across the lands situated between Sutton-drove and Eastbourne- of Swansea and Neath in a marquee on Pennard Burrows at 1 30 p.m., road, in the parish of Seaford, from points A and B as shewn and can afterwards, at their option, visit the bone caves and cliffs, Penon the enclosed plan.” On the 29th of August the defendants acted upon nard Castle, and the sands and rocks of Three Cliffs Bay. Afternoon tea the notice by entering upon the plaintiff's land and commencing the will be provided. The brakes will leave Pennard so as to arrive at Langworks. The only report made by the defendants' surveyor to them as to land Bay, the Mumbles, and Swansea about 5.30 p.m. the necessity for carrying the sewer through the plaintiff's land was in
Various public institutions and places of interest will be opened to the the following terms: "The cesspool into which the houses in Hindover. visitors, including St. Mary's Parish Church, the Castle, the Royal road drain has again filled and requires emptying. I have had great Institution of South Wales (members having free use of the reading room, difficulty in finding a place for the disposal of its contents and have had to cart it nearly half a mile. I consider it very necessary, that the pro- The docks and harbour, the parks, and the Mumbles are amongst other
museum, and premises during the meeting), and the Public Library. perty should be drained into the main system which is now laid sufficiently attractions which will repay à visit. far to connect in Sutton-road. The course should be across the fields into Sutton-road at right angles.” It was submitted that the notice, being only a five-day notice, was not a reasonable notice as required by the Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 16, and, further, that the report made by the surveyor did not shew that it appeared to be
NEW ORDERS, &c. necessary that the sewer should be carried through the plaintiff's land
HIGH COURT OF JUSTICE. as required by the section. The report merely said that the course "should " be across the fields ; not that that route was necessary. By
LONG VACATiON, 1898. the Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 16: “Any local
Notice. authority may carry any sewer through, across, or under any tumpike road, or any street or place laid out as, or intended for, a street, or under
During the vacation until further notice, all applications " which may any cellar or vault which may be under the pavement or carriage-way of require to be immediately or promptly heard,” are to be made to the any street, and, after giving reasonable notice in writing to the owner or judges who for the time being shall act as Vacation Jndges. occupier (if on the report of the surveyor it appears necessary), into, will, until further notice, sit in the Lord Chief Justice's Court, Royal
COURT BUSINESS.- Mr. Justice Channell, one of the Vacation Judges, Weston-super-Mare Local Board (37 W. R. 121, 40 Ch. D. 55) was referred Courts of Justice, at 11 a.m. on Wednesday in every week, commencing
on Wednesday, the 21st of September, for the purpose of hearing such to.
CHANNELL, J.-I have no doubt that in this case the real question is applications of the above nature as, according to the practice in the merely one as to the amount of compensation to be paid by the defendants. Chancery Division, are usually heard in court. There is no ground for granting an injunction. Personally, I think that
No case will be placed in the judge's paper unless leave has been the action is misconceived. I see no necessity for an interim injunction. previously obtained, or a certificate of counsel that the case requires to be The defects in the notice and report (if they exist) could be remedied in immediately or promptly heard, and stating concisely the reasons, is left a very short time, and the injunction must be refused. As to costs, they
with the papera. will be costs in the action. Motion refused.-COUNSEL, Maugham;
The necessary papers, relating to every application made to the VacaAlexander, Q.C., and Seddon. SOLICITORS, Webb, Nichols, f Allinson ; Coode, tion Judges (see notice below as to judges papers), are to be left with Kingdon, Š Cotton, for I. Vinall, Lewes.
the cause clerk in attendance, Chancery Registrars' Office, Room 136,
Royal Courts of Justice, before 1 o'clock on the Yonday previous to the [Reported by J. E. ALDOUS, Barrister-at-Law.]
day on which the application is intended to be made. When the cause clerk is not in attendance, they may be left at Room 136, under cover, addressed to him, and marked outside Chancery Vacation Papers, or they may be sent by post, but in either case so as to be received by the time
aforesaid. LAW SOCIETIES.
URGENT MATTERS WHEN JUDGE NOT PRESENT IN COURT OR CHAMBERS.INCORPORATED LAW SOCIETY.
Application may be made in any case of urgency, to the judge, personally, ANNUAL PROVINCIAL MEETING.
or by post or rail, prepaid, accompanied by the brief of counsel, office
copies of the affidavits in support of the application, and also by a minute, On Monday, the 3rd of October, Mr. J. Aeron Thomas, the Mayor of on a separate sheet of paper, signed by counsel, of the order he may Swansea, and the Mayoress, and Mr. James C. Woods, president of the consider the applicant entitled to, and also an envelope, sufficiently Incorporated Law Society of Swansea and Neath, and Mrs. Woods, will stamped, capable of receiving the papers, addressed as follows: "Chan: receive the President, Council, and members of the society, and ladies cery Official Letter: To the Registrar in Vacation, Chancery Registrars' accompanying them, at the Public Library, from 8 to 9 in the evening. Office, Royal Courts of Justice, London, W.O."
On Tuesday, the 4th of October, the members will be welcomed at the On applications for injunctions, in addition to the above, a copy Royal Institution of South Wales by the Mayor at 11 a.m. The Pre- writ, and a certificate of writ issued, must also be sent. sident of the Incorporated Law Society (U.K.), Mr. O. B. Margetts, of The papers sent to the judge will be returned to the registrar. Huntingdon, will deliver his inaugural address, which will be followed by The address of the judge for the time being acting as Vacation Judge the reading and discussion of papers. Luncheon will be provided from can be obtained on application at Room 136, Royal Courts of Justice. 1.30 to 2.30 at the Albert Hall, Craddock-street, to which members are CHANCERY CHAMBER BUSINESS.-The chambers of Mr. Justice Stirling invited by the president and members of the Incorporated Law Society of will be open on Tuesday, Wednesday, Thursday, and Friday in every
week, from 10 to 2 o'clock. Mr. Justice Channell will, until further a time he paid due attention to work, but, becoming addicted to pleasure, notice, hear urgent summonees which may be adjourned to him in his he was soon obliged to borrow at ruinous interest. Some months since private room, No. 370, Royal Courts of Justice (Temple Bar entrance), on Simard had to sell his business, and paid some of his creditors, but it was Wednesday in every week, commencing on Wednesday, 21st of September, discovered that he had embezzled several hundred pounds entrusted to at 10.30 a.m.
him by persons with whom he had dealings. He was condemned to three Queen's Bench CHAMBER Business.- Mr. Justice Channell will, until years' imprisonment, and was struck off the rolls of the writ-servers, who further notice, sit for the disposal of Queen's Bench business in judges' form an important semi-official body in Paris. chambers on Tuesday and Thursday in every week, at 10.30 a.m., commencing on Tuesday, 20th of September.
At a recent meeting of the Oklahoma Bar Association, Mr. L. E. Payne, PROBATE AND DIVORCE.- Notice of any motion before the Vacation of Chandler, gave some reminiscences of his practice in that region. Judge must be served on the opposite parties four clear days previously following: Judge Greene is somewhat of a stickler for niceties of
Among other things recorded by the Albany Law Journal are the to the hearing of such motion. Case, copy of notice, and affidavits must be filed at the registry two occasion to refer to Browue on Torts, and pronounced the author's name
pronunciation. Ex-Judge Dennison, in arguing a motion before him, had clear days previously to the hearing. A summons before the Vacation Judge must be entered at the registry, without notice; at the second he shrugged his shoulders ; at the third he
as though it were spelled “Browny.” Toe judge passed the first mistake and a copy must be served on the party summoned one clear day before the summons is returpable.
said: “The name is Brown not Browny." "But it is spelled Decrees nisi will be made absolute in court on Wednesday, the 5th of does not spelí Browny what does it spell ?'*' “ Brown, of course,” sharply
B-r-0-w-n-e," said the counsel, in his deep, measured tone, "and if that October.
Judge's Papers for Use in Court.-Chancery Division. The follow- answered the judge, whose patience was becoming ruffled. "My name is ing papers for the Vacation Judge are required to be left with the cause
spelled G-r-double-e-n-e, but you would not call me Greeny, would clerk in attendance at the Chancery Registrars' Office, Room 136, Royal you ?" Mr. Dennison turned to his books, saying, apparently to himself,
That will depend Courts of Justice, on or before 1 o'clock, on the Monday previous to the but loud enough to be heard all over the court-room, day on which the application to the judge is intended to be made :
upon how your honour decides this motion." Not long ago Charles 1.- Counsel's certificate of urgency, or note of special leave granted by coloured justice in Logan county. He was arraigned for trial, but asked
Kebolts, of Lincoln county, was charged with contempt of court by a the judge. 2.-Two copies of writ and two copies of pleadings (if any), and any Guthrie. At this point Kebolts began to swear and the court fined him
to have witnesses. This was denied, and Kebolts was sentenced to jail at other documents showing the nature of the application. 3.-Two copies of notice of motion,
again. Kebolts kept on swearing, and the court kept on fixing fines until 14.- Office copy affidavits in support, and also affidavits in answer (if said: "This is all coram non judice, anyhow.” And thereupou the court,
the sum of 45,000 dols. was assessed against him. At this point Kebolts any).
M.B.-Solicitors are requested when the application bas been disposed thinking that he was swearing again, said: “I fine you 50 dols. for that." of, to apply at once to the judge's clerk in court for the return of their The learned associate justice of the Supreme Court, the Hon. A. J. Seay,
was passing sentence on a defendant who had been convicted of an papers. NOTICE TO SOLICITORS.
infraction of the gambling laws. The judge had intended to be quite (CHANCERY REGISTRARS' OFFICE).
lenient in the matter of punishment. The judge said the court would The Chancery Registrars' Ofice will be open daily. On Monday, the impose a fine of 100 dols. in this case, and was about to stop, thinking 15th of August, and on the same day in erery succeeding week during the that would about fit the offence. But the gambler got too gay, and revacation, the registrar in attendance will see solicitors requiring alterations marked.; "That's nothing ; I've got that right here in my hip pocket.” necessary in orders to be acted on by the paymaster.
And," continued the judge, “six months in jail-have you got that in your hip pocket ?"
THE PROPERTY MART.
RESULTS OF SALES.
Messrs. H. E. FOSTER & CRANFIELD sold at the Mart, on Wednesday last, the Freehold
Shop and Premises, No. 6, Cowcross-street, producing a gross rental of £188 per Mr. Thomas POTTER CUNLIFFE, solicitor, of Manchester, died on the 14th annum, for £3,000. Two Properties at Hagger-top, one being the Freehold of 41, inst. at the age of eighty-six years. Mr. Cunliffe is believed to have been Whiston-street, realized £395; the second Property being 3 and 5, Bentley-road, a the oldest solicitor in Manchester. He was born in Bury in the year 1812,
warehouse and stable adjoining, held for twenty-one years, producing £71 163., and
held at a ground-rent of £47, was also sold. and was one of the three sons of the late Mr. Robert Ellis Cunliffe. All Messrs. DOUGLAS YOUNG & Co.'sold in a marquee on the estate, at Bembridge, Isle of these three sons were solicitors, and the firm to which Mr. Cunliffe Wight, on Tuesday, September 20, the Freehold Properties known as "The Bembridge belonged goes back in direct succession for over a hundred years. Mr.
Lodge and " Brading Harbour” Estates, comprising 38 acres and 28 Plots of Cunliffe was admitted in Hilary Term, 1835, and went into partnership
Building Land; two Detached Residences, 18-hole golf links, 520 acres of agri
cultural and pastoral land; several Parcels of Allotment Land, and the Bembridge with his father. On that gentleman's retirement in 1840, he joined the firm Brickfields ; the total amount realized being over £13,000. of Humphreys, Cunliffes, Charlwood, & Bury, in which his elder brother, Mr. Messrs. C. C. & T. Moore sold at the Mart, on Thursday, 2 houses in Spitalfields for £1,505 ; Ellis Cupliffe, was already a partner. From that time to his death the
a leasehold residence near the People's Palace, Mile End, for £610. Total result of
sale, £5,000. late Mr. Cunliffe has been a member of the firm, and had been senior partner since 1862. He attended to business up to nearly the end of last year, and paid his last visit to the office on Christmas Eve. Mr. Cunliffe
WARNING TO INTENDING HOUSE PURCHASERS AND LESSEES.--Before pur. leaves two children, a son and a daugher. The son, Mr. Robert Ellis chasing or renting a house, have the Sanitary Arrangements thoroughly Cunliffe, was a partner with his father in the present firm of Cunliffes & Examined, Tested, and Reported Upon by an Expert from Messrs. Carter Greg.
Bros., 65, Victoria-street, Westminster. Fee quoted on receipt of full Mr. W. J. Cowper, solicitor, of Newbury, died on Monday last. He particulars. (Established 21 years.) --[Apvr.] was seized with a fainting fit while coming downstairs at his residence and suddenly expired, death being attributed to heart disease. Mr.
WINDING UP NOTICES. Cowper was admitted in 1846, and was for many years deputy coroner for
London Gazette.-FRIDAY, Sept. 16. South Berksbire.
JOINT STOCK COMPANIEB. Mr. MARTIN ARCHER Shee, Q.C., died at Brighton on the 15th inst., at
LIMITED IN CHANCERY. the age of ninety-four years. Mr. Shee, who was the oldest surviving BEKOSINE CO, LIMITED—-Creditors are required, on or before Oct 13, to send their names son of Sir Martin Archer Shee, President of the Royal Academy, was
and addresses, and the particulars of their debts or claims, to Idward W. Phillips,
Hammet st, Taunton called to the bar in 1839, and was made a Queen's Counsel in 1868. BIRMINGHAM MANUFACTURING Co, LIMITED-Petn for winding up, presented Sept 7,
The death is announced of Mr. John William SPARROW, solicitor, of directed to be heard on Sept 28. Doyle, New inn, Strand, agent for Brown & Co, BirNorwich, after a long illness, at the age of seventy-two years. Mr.
mingham, solors for petner. Notice of appearing must reach the above-named not
later than 6 o'clock in the afternoon of Sept 27 Sparrow was admitted in 1847, and was formerly registrar of the Guild- LADY MONTEFIORE UNITED GOLD Mines, Limited--Creditors are required, on or before hall Court of Record at Norwich.
Nov 10, to send their names and addresses, and the particulars of their debts or claims, to Edmund William Dawson, 9 and 10, Pancras lane. Gover & Co, Queen st, Cheap
side, solors to liquidator APPOINTMENT.
MORGAN NEWSPAPER Co, LIMITED-Petn for winding up, presented Aug 9, directed to be Mr. John Mackey, barrister, has been appointed Recorder of Andover,
heard on Oct 26. Withall & Co, Victoria st, Westminster, solors for petners. Notice of
appearing must reach the above-named not later than 6 o'clock in the afternoon of in the place of Mr. William Waldron Ravenhill, deceased.
SUSPENDED FOR THREE Months.
REDRUTH PHILANTHROPIC Association FRIENDLY SOCIETY, Redruth, Cornwall. Sept 8 A Massachusetts lawyer is reported, says the Albany Law Journal, to
London Gazette.---TUESDAY, Sept. 20. have said in course of his argument: “ This man, your honour, with all
JOINT STOCK COMPANIN8. due respect to you, is the biggest fool I ever saw."
LIMITED IN CHANCERY. Mr. Fordham, the new metropolitan magistrate, has taken his seat at AssociatED UNDERWRITERS, LIMITED --Creditors are required, on or before Nov 4, to Southwark police-court, Mr. Fenwick having been, on his own application,
send their names and addresses, and the particulars of their debts or claims, to Arthur
Edwin Woodington, 5, Philpot lane transferred to Marlborough-street, as a colleague of Mr. de Rutzen. C. E. Bennett & Co, LIMITED-Creditors are required. on or before Oct 17, to send their
A strange spectacle, says the Paris correspondent of the Daily Telegraph, names and addresses, and the particulars of their debts or claims, to William Bolton, was witnessed in the Assize Court of the Seine on Monday, when René COVENTRY GEAR CASE AND BELTING Co, LIMITED-Creditors are required, on or before Simard, a former huissier, or law agent and process server, was led in a Oct 16, to send their names and addresses, and particulars of their debts or claims, to prisoner between municipal guards. The man had fallen from prosperity Roland Allen Felton, 1, Waterloo st, Birmingham. Hughes & Masser, Coventry, solors to poverty through his own extravagance, and had turned the machinery
for liquidator of the law against himself owing to his dishonesty. Four years since
HUMBER IVE AND COAL Co, LIMITED-Creditors are required, on or before Oct 31, to send
their names and addresses, and the particulars of their debts or claims, to Thomas Simard bought the business of a huissier in Paris for about £6,000. For Fawley Judge, Parliament chbrs, Quay st, Hull