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SCOTTISH EQUITABLE LIFE ASSURANCE SOCIETY. GU
THE LAW RELATING to ELECTRIC
CLERKE and BRETT'S CONVEYANCING ACT,
IUARDIAN FIRE AND LIFE OFFICE 1882, &c.
11, Lombard-street, London, E.C. This day is published, in post 8vo, 2s. Bd., sewed.
Established 1821. Subscribed Capital, Two Millions. THE CONVEYANCING ACT, 1882, HEAD OFFICE :–26, ST. ANDREW SQUARE, EDINBURGH. together with the General Order made in pursuance MANAGER-T. B. SPRAGUE, M.A.
DIRECTORS. of the Solicitors' Remuneration Act, 1881 ; with Notes.
CAAIRMAN-JOHN G. TALBOT, Esq., M.P. By AUBREY ST. JOHN CLERKE, B.A., and THOMAS Accumulated Fund £2,500,000.
DEPUTY-CHAIRMAN-ALBAN G. H. GIBB9, Esq. BRETT, LL.B., B.A., both of the Middle Temple, Esquires,
Henry Hulse Berens, Esq. Beaumont W. Lubbock, Esq. Barristers-at-Law.
The Society transacts every description of LIFE IN- Henry Bonham Carter, Esq. Rt. Hon. G. J. Shaw-Lefevre, * Being a Supplement to the Second Edition of the SURANCE BUSINESS.
Charles Wm. Curtis, Esq.
M.P. work by the same Authors on the “Conveyancing and INSURANCES AGAINST ISSUE are effected at moderate Charles F. Devas, Esq.
John B. Martin, Esq. Lan of Property Act, 1881."
rates of premium. London : BUTTERWORTHS, 7, Fleet-street, Her Majesty's
Sir Walter R. Farquhar, Bart. 8. Hope Morley, Esq. LOANS ON REVERSIONS.
James Goodson, Esq.
Henry John Normani, Esq.
Thomson Hankey, Esq. David Powell, Esq.
Richard M. Harvey, Esq. Aug istus Prevost, Esq. Recently published, in 1 vol., post 8vo, 78. 6d., cloth. money on Reversions is directed to this Society's improved
Rt. Hon. J. G. Hubbard, M.P. Henry Vigne, Esq. THE CONVEYANCING and LAW of method of making advances on this class of security, the Frederick H. Janson, Esq.
leading feature of which is, that absolute power of re- MANAGER OF FIRE DEPARTMENT-F. J. Marsden, and Purchaser Act, 1874, and the Solicitors' Remunera. demption on fixed terms, whether the life tenant be alive
ACTUARY AND SECRETARY-T. C. G. Browne. tion Act, 1881. With Notes and an Introduction. By or dead, is reserved to the reversioner for five years or AUBREY ST. JOHN CLERKE, B.A., and THOMAS BRETT, LL.B. London University, B.A., both of the
for such other term as may be agreed. In the case of Share Capital at present paid up and invested... £1,000,000 Middle Temple, Esquires, Barristers-at-Law.
£2,941,000 absolute reversions the redemption money is simply the
Total Funds, upwards of ...
Total Annual Income over...
accumulated amount of the advanco at five per cent. London : BUTTERWORTIS, 7: Fleet-street, Her Majesty's compound interest.
N.B.- Fire Policies which expire at Michaelmas should be Law Publishers.
renewed at the Head Office, or with the Agents, on or Full particulars may be obtained on application to the
before tbe 11th day of October.
A. MACKAY, Resident Secretary.
In the High Court of Justice, “Ede v. Illidge."--Brixton. THE LAW RELATING to BILLS of
Solicitors-Messrs. BURTON, YEATES, HART, & BURTON, -Important and valuable Freehold Estates, situate in SALE: with Notes upon Fraudulent Assignments
and abutting upon Acre-lane, comprising well-secured and Preferences, and the Doctrine of Reputed Ownership
ground-rents, amounting to £570 10s. 6d. per annum; in Bankruptcy; and an Appendix of Statutes, Precedents,
MORTGAGE COMPANY of also four spacious residences, with large gardens and And Forms. By STUART MACASKIE, of Gray's-inn,
forecourts, available for occupation or profitable deBarrister-at-Law.
velopment. London : BUTTERWORTIS,_7, Fleet-street, Her Majesty's
ESSRS. EDWIN FOX & BOUSFIELD
will SELL, at the MART, on WEDNESDAY, Henry H. Fowler, Esq.. M.P. (Vice-Chairman).
OCTOBER 18, at ONE precisely, in Lots, highly-importIn domy 8vo, cloth, about 200 pages, price 5s.
The Rt. Hon, Sir Wm. Hart Dyke, Bart., M.P.
ant and valuable FREEHOLD ESTATES, comprising Sir Gabriel Goldney, Bart., M.P.
well-secured ground-rents, amounting to £570 193. 6d. per Sir Philip Rose, Bart.
annum, arising from 84 houses in Acre-lane. The Avenue LIGHTING: being the Electric _Lighting Act,
James Staats Forbes, Esq.
and Raeburn-street, Brixton, with Reversion to the rack1882, with a Continuous Commentary, Expository and Ralph L. Lopes, Esq.
rents, approximating upon £4,500 per annum; also four Critical; also, a General Introduction, explaining its
George Russell, Esq.
spacious Residences, most advantageously situate in AcreScope and probable Working, and elucidating its Pro
Charles Schiff, Esq.
lane. Each house has a long forecourt and large garden visions, with special reference to the Evidence given
John Westlake, Esq., Q.C.
in the rear, the entire depth being 260ft., and having a before the Select Committee of the House of Commons
frontage of 150ft. The houses could, at a moderate outlay,
BANKERS-London and Westminster Bank (Limited). and an Appendix, consisting of the Rules of the Board of
easily be restored to their original condition as residences Trade issued under the powers thereby granted, together
SOLICITORS-Messrs. Ashurst, Morris, Crisp, & Co.
for respectable families, and will then let at remunerative with some Notes and Suggestions. By GEORGE
rents, while a portion of the land in the rear could be
MANAGER-Mr. Henry Fisher, SPENCER BOWER, B.A., of the Inner Temple, Barrister
devoted to trade or manufacturing purposes, or the site at-Law, and WALTER WEBB, Solicitor of the Supreme
SECRETARY-Mr. C. C. Bowlby.
of the entire property forms a very valuable area suitable Court.
for the erection of a large number of small housos, with London : SAMPSON Low, Marston, SBABLE, & Rivington, include Land and Houses of Freehold, Leasehold, and
The Securities upon which Advances can be obtained shops in front and other trade premises in the rear. Crown-buildings, 188, Fleet-street.
Particulars of Messrs. Potter & Sandford, Solicitors, 36, Copyhold Tenure, Improved Ground Rents, Permanent King-street, Cheapside, E.C.; of Messrs. Tatham, Oblein, Annuities, Charges under the General or Special Drain
& Nash, Solicitors, 11, Queen Victoria-street, E.C.; at the Ready Wednesday, Sept. 27, price 10s. 6d., or post-free
age, Building, and Improvement Acts. for nett cash, 98. Loans can be made repayable either upon notice in the Mart; and of Messrs. Edwin Fox & Boustield, 93, Gres.
ham-street, Bank, E.C. usual way, or at the expiration of a fixed term, or by HE STUDENT'S PRACTICE of the annual instalments extending over an agreed number of COURTS; giving, in a simple explanatory manner,
years every important proceeding taken in Common Law, Chan- The Directors are prepared to purchase Ground Rent s. cery, Probate, Divorce, and Admiralty Actions (including Application to be made to the Manager, at the Com.
the Valuable FREEHOLD PROPERTY, Nos. 5, 6, Appeals to the Court of Appeal and the House of Lords), pany's Offices, 15, Great George-street, Westminster, S.w. and 7, Paddington-green, situate at the corner of Harrow. and intended specially for Students for the Final and
road, comprising a block of modern, substantial, brickHonors Examinations of the Law Society. By ALBERT AW UNION FIRE and LIFE INSU
built buildings of attractive elevation, having an area of GIBSON and ROBERT MCLEAN, Solicitors.
RANCE COMPANY. Chief Office-126, Chancery.
about 8,346 square feet, let on lease for about twenty-five
years at the very low rents of £155 per annum, but under. Published by REEVES & Torxer, 100, Chancery-lane. lane, London, W.O.
let to highly responsible tenants at greatly increased The Funds in hand and Capital subscribed amount to up rentals, to which
a purchaser wonld be entitled on the
ward Just published, One Shilling, post-free.
expiration of the present leases. Moderately estimated to Chairman-JAMES CUDDON, Esq., Barrister-at-Law, be worth £700 per annum. ILLS of SALE ACT, 1882, with Notes.
For further particulars apply to Messrs. Fuller, Horses, A Supplement to the third edition of Lyon and Deputy-Chairman-C. PEMBERTON, Esq. (Lee & Pember. Sons, & Cassels, 11, Billiter-square, London, E.C. Redman's “Law of Bills of Sale."
tons), Solicitor, 44, Lincoln's-inn-fields. RBEVES & Torner, 100, Chancery-lanc, London, W.C. transacted.
rent , containing five bed and Price 2s, 6d.
Whole World and Unconditional Life Policies granted at drawing, dining, and breakfast rooms, library, bath root a slightly increased rate of Premium.
(hot and cold water), good servants' offices, Venetian TEWTON'S PATENT LAW and PRACTICE.-Enlarged Edition. Defining Patentable of Issue at moderate rates of Premium. Policies of Insurance granted against the contingency blinds, every modern improvement;
gravel soil, good
drainage. Within four miles of Charing-cross, two and Non-patentable Invention and the nature of Speci.
minutes from West Kensington Station.--Apply to Messrs. fications and Claims; showing the mode of obtaining and
Advances made on Mortgage of Life Interest and Rever
GIBBS & FLEW (Limited), Cedars Estate Offices, West opposing Grants, Disclaimers, Confirmations, and Exten. sions, whether absolute or contingent.
Kensington Station, w. sions of Patents, and giving all information necessary Prospectus, Copies of the Accounts as deposited with to enable a Solicitor to advise his Clients. By A. V. the Board of Trade, and every information sent on appli. AMPTON & SONS make NO CHARGE NEWTON
cation to "It is a most useful summary."-R. E. Webster, Esq.,
FRANK MCGEDY, Actuary and Secretary.
for inserting particulars in their FREE MONTHLY
REGISTER of ESTATES, TOWN and COUNTRY Q.C.
HOUSES, Furnished or Unfurnished, or for Sale, to be London : TRÜBNER & co., 57 and 59, Ludgate-hill, E.C. ; and of
Published on the 1st of the month, and particulars for NEWTON & Sox, the Office for Patents, 66, Chancery-lane.
FIRE AND LIFE. AT HOME AND ABROAD. insertion should be sent not later than fivo days previous
o end of preceding month.
Valuations for Probate and Transfer. Surveys. Life Premiums
Estate and Auction Offices, 8, Pall Mall East, S.W.
AUCTION ROOMS 60, REGENT STREET, and 14, CORNHILL, LONDON. TOMMERCIAL UNION ASSURANCE Specially for the sale of Literary Property, Music, and
Works of Art, 47, LEICESTER SQUARE, LONDON, COMPANY.-FIRE, LIFE, MARINE.
W.0. Existing Assurances exceed £6,600,000 Capital fully subscribed
£2,500,000 Invested Funds
.. 2,207,986 Annual Income
250,000 290,077 Life Funds in Special Trust for Life Tolicy.
announce that the above rooms are open daily for Claims Paid exceed..
733,000 the reception of all kinds of Literary and Art Property, Bonuses Declared
2,342,000 Total Annual Premium Income exceeds .. 1,050,000 Musical Collections, &c., intended for Sale by Auction, During the past year (1881) each main item has shown CHIEF OFFICES : 19 AND 20, CORNHILL, LONDON, E.C. | (gained only by long experience) and the extensive con
Messrs. P. & S. feel assured that the necessary knowledge improvement upon the preceding year. WEST END OFFICES: 8, PALL MALL, LONDON, S.W
nection enjoyed by their firm will be a sufficient guarantee
to solicitors and others that such property entrusted to 1880. 1881.
XON and BERKS BANK, OXFORD, their care will be arranged for sale in the most advanNew Premiums .. £18,815 £19,908
tageous manner. Income
279,852 290,077 Makes CASH ADVANCES to Barristers, Solicitors, Valuations for Probate or Legacy Duty, or for Public Invested Funds
2,124,711 2,207,986 Clergymen, Medical Men, residing in any part of England or Private Sale. CHARLES STEVENS, Secretary, and Wales. No banking account need be opened,
ESTABLISHED (IN PICCADILLY) 1704.
LONDON, OCTOBER 7, 1882.
whether the fixed fee will be much less than the aggregate of the CURRENT TOPICS.
present auctioneer's commission; if it is not, then, since auctioneers' and valuers' charges are disbursements under the Order, the client will have in reality to pay a double commis
sion. (2) The solicitor may agree with the auctioneer for his of the English bar of several years' standing. He was called to rates allowed by rule 12 in Schedule I. By taking this course, ARABI's COUNSEL, Mr. A. MEYrick Broadley, is a member payment by a fixed sum, as above, and, instead of charging his
own commission for conducting the sale, may charge the increased the bar at Lincoln's-inn in Trinity Term, 1869, and is now an
however, the solicitor will sacrifice a considerable portion of his advocate of the Consular Court at Tunis.
remuneration for the benefit of the auctioneer and client. Thus, in the case of a sale for £3,000, he will receive £40 instead of
£55. (3) The solicitor may undertake all the business connected THE COMMENCEMENT of the Michaelmas Sittings will be with the sale, and engage an auctioneer simply to put up the marked, as has been the case during each of the last two years, by property, as described by our Liverpool correspondent last week. the appointment of a new judge. Vice-Chancellor Hall, after This would involve work with which London solicitors' offices are over forty years' work at the bar and on the bench, has been com- not at all familiar. Or (4) the solicitor may take out an pelled by illness to resign his post. He will carry with him auctioneer's license and conduct the whole sale from beginning to into his retirement much personal esteem and cordial wishes for end. There is at present, as our correspondence columns have his recovery. The arrangements connected with the appointment shown, much diversity of opinion as to which of these courses of his successor, including the question of whether Mr. Justice should be adopted, and it is extremely desirable that at the forthKay is to succeed to the chambers, will probably be made before coming provincial meeting of the Incorporated Law Society the the 25th inst., when the chambers will re-open.
fullest opportunity should be afforded for discussion and the passing of recommendations preliminary to some action by the council of the society with a view to the establishment of a uniform
practice. THE EFFECT of the notice of avoidance of the benefice which the Bishop of Manchester has at length given to the patron of Mr. GREEN's living has been a good deal misunderstood. Under section AMID THE STRUGGLE for licenses under the Electric Lighting 13 of the Public Worship Regulation Act, 1874, the benefice be- Act, it may perhaps occur to some energetic "urban authority came roid at the end of three years from the date of the issuing of to endeavour to dispense with licenses and provisional orders the monition; and the Act provides that “upon such avoidance it altogether, and to fall back upon the 161st section of the Public shall be lawful for the patron of such benefice to appoint, present, Health Act, 1875. The first paragraph of that section enacts or nominate to the same as if the incumbent were dead." Thé that, “any urban authority [i.e., by section 6, any town council patron could, therefore, have appointed a successor to Mr. Green improvement commissioners, or local board) may contract with at any time after the 27th of June last, when the three years from any person (which expression, by section 4, includes any body of the issuing of the monition expired, without reference to any persons, whether corporate or unincorporate) for the supply of notice from the bishop. But for the purposes of lapse the avoid- gas, or other means of lighting the streets, markets, and public ance of the benefice is to be reckoned from the day on which the buildings in their district, and may provide such lamps, lampnotice was delivered; and if, within six months from that day, the posts, and other materials and apparatus as they may think patron fails to present, the bishop will be able himself to collate necessary for lighting the same." It seems clear beyond doubt an incumbent. The patron is stated to have declared at a meeting that electricity is another means of lighting within the meaning at Derby that, “ if possible, Mr. Green should come out of gaol of this paragraph, and the only question seems to be whether the rector of Miles Platting.” But, so far as the patron is concerned, Electric Lighting Act, which does not expressly repeal this or this is not possible, for section 13 of the Public Worship Regula- any prior “ lighting” enactment, impliedly repeals it by some tion Act provides that “it shall not be lawful for the patron at provision that there shall be no electric lighting except under the any time to present to such benefice the incumbent by whom the Act, or the like. Turning to the Electric Lighting Act, we find same was avoided under this Act."
that section 2 enacts that “the provisions of this Act shall apply to every local authority, company, or person who may, by this Act or any license or provisional order granted under this Act, or
by any special Act to be hereafter passed, be authorized to supply LONDON SOLICITORS are now face to face with the fact that an electricity within any area, and to every undertaking so important provision of the Remuneration Order has been framed authorized, except so far as may be expressly provided by any with reference to a practice which has little or no existence in the such special Act.” Expressio unius exclusio alterius. Applicametropolis. The discussion in our columns has elicited the mean- tions under the Electric Lighting Act itself are carefully named ing and object of rule 11 in Schedule I., but we are nearly as far and expressed, so that contracts under the section of the Public as ever from knowing what will be its effect. The object is to Health Act which we have above referred to, are excluded. It give a commission to solicitors who do all the auctioneer's work would seem that such contracts may still be made, and that the except putting up the lots, but the rule is so expressed that it will contractors under them will be, so far as the Electric Lighting give a commission to solicitors who do none of the auctioneer's work. Act itself is concerned, absolutely free from all the provisions of For-putting aside as impracticable or undesirable the mode of that Act. evading the rule by the auctioneer's commission or fee being stipulated to be paid by the purchaser—there remain four courses open to the solicitor. (1) Matters may be left as AN ENACTMENT of some interest to poachers may be found at present, except that the auctioneer, instead of being paid imbedded in a statute bearing the curious " short” title of the by commission, shall be paid a fixed sum for all the work he Revenue, Friendly Societies, and National Debt Act, 1882 (45 & does at present. The difficulty attending this course (at all events 46 Vict. c. 72). 'It is enacted by the 6th section of that Act that if established and eminent auctioneers are employed) is as to “if, upon the hearing of an information exhibited against any person for the recovery of the penalty imposed by the fourth section of the Act of the twenty-third and twenty-fourth years of her THE DISTINCTION BETWEEN LODGERS Majesty's reign (for shooting game without a license, the penalty
AND HOUSEHOLDERS FOR ELECTORAL being £20], it shall be proved that such person used or carried a gun without having in force a proper license under the Gun
PURPOSES. License Act, 1870 (33 & 34 Vict. c. 57, imposing a penalty of £10 We called attention, shortly after the passing of the Registration for carrying a gun without a license, the license duty being 10s.], Act of 1878, to the difficulties that would arise in consequence of he shall not be entitled to be wholly acquitted by reason of a the definition of the term “ dwelling-house" given by that Act, failure to prove an offence against the said section, but the court Previously to the passing of that Act there had been, on several before whom the said information is heard shall be at liberty to occasions, a difference of opinion among the judges with regard to acquit him of the charge contained in the said information and the meaning of the same term as interpreted in the Representaconvict him of an offence against the seventh section of the Gun tion of the People Act. The alteration of the definition in the License Act, 1870, and order him to pay the penalty thereby Act of 1878 was no doubt intended to be a solution of the vexed imposed” [i.e., the penalty of £10 above mentioned). The inten- question, but the result has been to give rise to still greater diffition is good, but the phraseology of the enactment is cumbrous and culties and absurdities. The occupation of a “ house” being cne its position highly peculiar, as other portions of the statute in of the qualifications for the borough franchise under the Reform which it is to be found deal with such matters as the quarterly Act, the question what constitutes a house necessarily arose under payment of dividends on the Two-and-a-half per Cents., and the that Act. The Court of Common Pleas decided that “structural payment over to the Exchequer of millions of fractions of a penny severance” was essential to the idea of a house, so that a flat or which had been deducted from the dividends upon the National set of chambers would be a house; but a part or parts of a bouse Debt.
not structurally severed—as, for instance, one room on the groundfloor and another on the first-floor—could not constitute a house.
It was a moot question whether the definition contained in the The TRIBUNAL OF COMMERCE craze is plainly abating. The Representation of the People Act was intended to reverse the Associated Chambers of Commerce, at their meeting on Tuesday, previous decisions on the Reform Act in this respect; but the passed a resolution to the effect " That this association desires to question, though giving rise to great controversy, was not of such confirm its previous vote to the effect that, while maintaining their great general importance, inasmuch as separate rating was essenpreference for efficient tribunals of commerce, this association re- tial to the status of a dwelling-house under the Representation of commends as a step in the direction towards the attainment of that the People Act, and it was practically very difficult, if not desideratum that the more important county courts be made courts impossible, to enforce the rating of parts of a dwelling-house not of first instance for all commercial disputes, without limit as to structurally severed. The Act of 1878 did away with the neces. their amounts, subject, of course, to all proper regulations for sity for separate rating, and it must now be taken that structural removal and appeal, and that in all important cases the judge severance is no longer essential to the definition of a dwellingmay be assisted by competent assessors, and that the council be house for the purposes of the franchise. directed to use every available means to obtain such an extension But a fresh difficulty arose, as we pointed out immediately after of the county courts' jurisdiction in the course of next session of the passing of the Act of 1878. The Representation of the People Parliament." If recourse to courts bound by the established rules Act had created a lodger franchise, and had made it a condition of of law and evidence and the decisions of superior courts in analo- such franchise that the lodgings occupied should be of a certain gous cases is “ a step towards the attainment of the desideratum," value, whereas, in the case of the dwelling-house, value is immathen the desideratum must have been considerably altered, for one of terial. It therefore becomes material to distinguish between the the main objects formerly aimed at was to have a tribunal wbich occupier of part of a house who is only a lodger and the occupier should decide all cases by the light of nature. Another main of part of a house who is a householder. This is, obviously, not object avowed by the promoters of the Manchester Tribunal of easy in many cases, and, accordingly, cases involving this question Arbitration was not to fall into the hands of solicitors.” How were soon brought before the courts. Last year the Court of Appeal is this calamity to be avoided if the county courts are to be made delivered a series of most elaborate, but, in our humble opinion, “courts of first instance for all commercial disputes" ?
not very satisfactory, judgments on the subject. It has generally been assumed that the effect of those judgments is that wherever the landlord reserves any part of the house, and occupies the same
by himself or his servant, the effect is that the tenants of the other IT IS STATED that the Pontefract magistrates have dismissed a parts of the house are necessarily mere lodgers, but where the charge against a girl for poaching, on the ground that the Pre-whole of the house is let out in apartments, the occupiers of the vention of Poaching Act applies to men only, “ the masculine parts so let out are householders. We discussed these judgments gender being used throughout.” It is, no doubt, the fact that the when they were given, and expressed our opinion that they were Act speaks of "he,” but it is also the fact that Lord BROUGHAM's very far from being entirely satisfactory, and it seems, to judge Act (13 & 14 Vict. c. 21) provides (section 4)" that in all Acts from the reports now appearing in the newspapers, that the words importing the masculine gender shall be deemed and taken application of them to the cases brought forward in the revision to include females unless the contrary is expressly provided”; courts this year is a matter, in many instances, of considerable wherefore we do not advise female poachers to place much reliance difficulty. on the decision of the Pontefract magistrates.
We thought before the delivery of those judgments, and we still think, that the mere question whether the landlord occupies by himself or his servant, or has not let off part of the house, cannot
per se be the true test. It is impossible to define a lodger, just as The junior class of Roman law at University College, London, has been it is impossible to define numbers of concrete things; but, roughly postponed till January 8, in consequence of the Professor (Mr. Edmund speaking, a lodger is a person who occupies part of a house subThe senior class will be undertaken by Mr. J. 8. Cotton, barrister-at-law, late general rule, having regard to the actual necessities or probabilities Robertson) having to proceed to the United States on professional business. ordinately to another person's occupation of such house. As a fellow of Queen's College, Oxford.
of life, it is obvious that where the landlord occupies part of the The Pacific Coast Law Journal says that "Clara S. Foltz, the learned house by himself or servant he would, as a matter of fact, retain lady attorney, of San Francisco, bas returned from her lato visit to Oregon that general control over the whole which would render the received a very flattering compliment from Judge Deady, of the United occupation of the occupier of the other part a subordinate occupaStates Circuit Court. While the court was in session the judge espied the tion, and consequently that of a lodger. But we cannot think that distinguished lady seated in the room, when he immediately arose, and the question is one of law, or that there is any necessary legal present. This was, indeed, an honour, and Judge Deady has the thanks judgment in the Court of Appeal, commented very strongly on the after the adjournment of the court, he introduced her to every lawyer presumption on the subject. Lord Justice Brett, in giving his of the ladles of California for his true gentlemanly courtesy to Sister Foltz." absurdities of the legislation on the subject. We have commented
on more than one occasion on the shortcomings of the Act of
V. Legislature. A dictum which occurs in his judgment has been made the subject of considerable discussion in the metropolitan We come now to the alterations in the present charges effected revision courts lately. He said that the result of holding that the by Schedule II. It is hardly necessary to point out the importoccupation of any part of the house by the landlord would be to ance of these, considering the large class of matters affected by make the occupiers of the remaining apartments lodgers must be them. As we remarked at the commencement of these articles, the following absurdity-viz., that people would be lodgers or the fact that the new scale applies only to completed sales, purhouseholders according as a room in the house might or might not chases, mortgages, and leases other than mining leases, and that be vacant from time to time, though substantially the character of all other conveyancing business is to be paid for on the present the occupation would not be changed. This absurdity does seem system as altered by Schedule II., invests the alterations effected to us to arise if the result of the judgments of the Court of Appeal by that schedule with almost as much importance as the new is that, as a necessary presumption of law, the fact that the landlord scale itself. We concur, to
extent, with a has not at any particular moment let the whole house makes the pondent, whose letter will be found in another column, in reoccupiers of the rest of the house at that particular moment gretting that so many matters have been left outside the scale. lodgers; but it seems to us that this is not the result of the judg. Whether the suggestion of the Council of the Incorporated Law ments, and that this dictum was enunciated by the Lord Justice Society, that in respect of settlements of personal estate the same only arguendo to illustrate the absurdities that might arise from the remuneration should be given to the solicitor as on a purchase at legislation, and can hardly be treated as a deliberate expression a price equal to the value of the property settled, should have of his judicial opinion on a definite case.
We agree, there- been adopted, may perhaps be doubtful, but it would not seem to fore, with Mr. Bathurst, the revising barrister for Westminster, be difficult to frame a scale for these and many other transactions who recently declined to follow this dictum as a decision which are now outside the scale. Some matters are excluded on the point. It seems to us that the true test whether without, so far as we can see, any sufficient reason. One would the occupation of the person claiming the vote is that of have thought that if the scale for sales and purchases is just and a lodger or a householder is, whether it is, in point of fact, a equitable, there could be few cases where its application would be subordinate or an independent occupation. The mere fact that more natural than in the case of compulsory sales. Yet the one apartment or set of apartments in a house becomes vacant last clause of rule 11 in Schedule I. provides that, “In case cannot per se turn an occupation of other apartments that was
of sales under the Lands Clauses Consolidation Act, or any other before an independent occupation into a subordinate one, even private or public Act under which the vendor's charges are to be admitting that for certain purposes the landlord must, in con- paid by the purchaser, the scale shall not apply.” The result templation of law, be considered as occupying the unlet part of would seem to be that in sales under the Lands Clauses Consolithe house. If the landlord does actually enter upon the unlet dation Act, and in all cases of compulsory sales, the remunerapart and occupy it, the question must be whether he then, in tion of the vendor's solicitor will be (under rule 2 (c.)) regulated fact, exercises such a control over the house as a whole as to according to the present system as altered by Schedule íi. render the other occupations subordinate. If a landlord or his
The first part of Schedule II. deals with “ instructions for, and servant, as his representative, is in permanent occupation of part it prescribes" such fees for instructions as, having regard to
drawing and perusing deeds, wills, and other documents"; and of the house, it may, as a matter of fact, be in general the right conclusion that he is dominus of the whole house, like the land- the care and labour required, the number and length of the
papers lord of an hotel; but if the practice of the landlord is to let off to be perused, and the other circumstances of the case, may be the whole of the house, it seems to us to be an unwarrantable fair and reasonable.” This regulation is right in principle, but it inference to suppose that whenever a room falls vacant he resumes remains to be seen what interpretation will be given to it. It control of the whole house.
may, perhaps, be that some indication of the charges which will But although we think the particular absurdity suggested by be considered as “ fair and reasonable” for each hour employed in Lord Justice Brett does not necessarily arise, we do think that ordinary cases, is afforded by the allowance to the solicitor of suffrage does necessarily lead to great absurdities. We are afraid increased from 1s.
to 28. per folio“ in ordinary cases”-an expression the co-existence of the present lodger franchise with household 15s. per hour for journeys from home.
The allowance for drawing deeds, wills, and other documents is that the abolition of any franchise is pust hoping for, but we are, increased from 1s. to 2s. per folio in ordinary cases”-an expression nevertheless, of opinion that two existing franchises should be which seems to contemplate an increased allowance in the case of abolished — viz., the lodger franchise and the freeman's qualifica- instruments of special difficulty: The charge for fair copy remains tion. If a freeman is a person likely to exercise the franchise at 4d. per folio, and for engrossing at 8d. per folio, and we presume properly, he is, in nine cases out of ten, a householder, and so has that this latter charge will still include examination of draft with an independent qualification. The person whose sole qualification engrossment. The greatest increase in these charges is in the is that of a freeman is generally a broken-down, semi-pauperized charge for perusing, which'is raised from 5s. per fifteen folios old person who lives in an almshouse-just the man whose vote to 1s. per folio-a change which is certainly reasonable considering could be bought for five shillings and a glass of beer. The lodger the responsibility often
involved in this operation. franchise is a fancy franchise, involving practical difficulties of time-honoured fee of 6s. 88. for attendances, and the substitu
We have already briefly referred to the abolition of the which legislators have little or no idea. °No doubt, theoretically, tion of a fee in ordinary cases” of 10s. for each attendance. a man who occupies lodgings worth £10 a year
unfurnished be a very proper person to have a vote, but so may a person who It is, however, provided that “ in extraordinary cases the taxing has so much in a savings bank, or who pays so much income tax. master may increase or diminish the above charge, if for any It cannot be said, according to our present views, that a system special reasons he shall think fit.” It is presumed that “ ordinary of representation must be condemned because it leaves out many attendances ” will include attending to stamp, attendances respectpersons as capable of exercising the franchise as those whom it ing alterations which are made in the draft by the other side, and includes. No system can insure the inclusion of all presumably
so forth. What about attending completion ? Will the 13s. 4d. capable persons, except manhood suffrage, and that would include wherever formerly chargeable be raised to £1? And how will the a , within the scope of the present article, already too long, fully to shall have to wait until the Order
has come into operation before explain the practical objections to the lodger franchise. They we can say what will be the complete result of the changes made are only fully known to revising barristers and political agents.
in the old system. We may perhaps revert to this subject on a future occasion.
With regard to abstracts “where not covered by the above scales”—a remarkable heading, since the whole of the schedule
we are considering is only applicable where the scales do not apply Mr. Justice Day has fixed the following dates for holding the autumn
charge of 6s. 8d. is allowed for drawing “ each brief sheet of assizes on the Northern Circuit, viz. :-Carlisle, Monday, October 30 ; Man. eight folios,” and a charge of 3s. 4d. for fair copy, also, we prechester, Thursday, November 2; Liverpool, Saturday, November 11. sume, of each brief sbeet of eight folios,
The charge for journeys from home is raised to £5 5s. Consequently, we find a very peculiar provision as to the income “in ordinary cases for every day of not less than seven hours tax, which was imposed long after the principal half-yearly employed on business or travelling," and where a less time than dividends which it proposes to charge had been paid away. It is seven hours is so employed, the charge is to be 15s. per hour ; but enacted by the 9th section that “where any dividends, it is provided that in extraordinary cases the taxing master may interest, or other annual profits or gains are due or payable increase or diminish this allowance “if for any special asons he half-yearly or quarterly in the course of the said year shall think fit.” This allowance, it is presumed, is exclusive of [the year which commenced on the 1st of April, 1882], the travelling and hotel expenses, but it is singular that while these first half-yearly payment and the two first quarterly payments are expressly excluded from the remuneration provided by shall be deemed to have been or be chargeable with the duty of Schedule I., no such provision occurs in Schedule II. This fivepence, and the other half-yearly payment and the two other charge for journeys and also the charge for ordinary attendances quarterly payments shall be deemed to be chargeable with the duty are, it is understood, taken from the draft order submitted by the of eightpence.” This will make an important difference in the Council of the Incorporated Law Society; and they will, we net amount of some people's January dividends, and the quarterly believe, be generally acceptable.
payment of the dividends on the Two-and-a-half per Cents, which We may now, in conclusion, notice one or two matters not is secured by section 19 of the Revenue Act, “ after such date as hitherto commented on. The first is the provision of rule 7, that the Treasury may appoint,” will probably be the first to catch the "a solicitor may accept from his client, and a client may give to taxpayer's contribution towards payment for the shot and shell so his solicitor, security for the amount to become due to the solici liberally expended in Egypt. The remaining sections of the Act tor for business to be transacted by him, and for interest on such deal with a certain new duty on“ imitations of coffee and coffee amount, but so that interest is not to commence till the amount mixtures," and provide conditions as to marked labels, &c., under due is ascertained, either by agreement or taxation.” This rule which only such imitations may be legally sold. For amendments of carries out the provision of section 3 of the Solicitors' Remunera- the Stamp Act, which it is usual to include in the annual Customs tion Act, and extends the right given by 33 & 34 Vict. c. 28, s. 16, Act, we must turn this year to the Revenue Act. These amendto security for interest on costs.
ments are rather numerous, but not of much importance. They By the same rule it is provided that “a solicitor may charge grant new duties on contracts for superannuation annuities (secinterest at four per cent. per annum on his disbursements and tion 8); exempt from duty cheques drawn by Government offices costs, whether by scale or otherwise, from the expiration of one (section 9); and make provision for cancellation where two or month from demand from the client. And in cases where the more adhesive stamps are used (section 14). The Act also prosame are payable by an infant, or out of a fund not presently vides for compensation for loss of fees by probate officers in conseavailable, such demand may be made on the parent or guardian, or quence of the fifteen-shilling minimum imposed by section 37 of the trustee or other person liable.” The value and reasonableness the Customs and Inland Revenue Act, 1881, and, in terms which of this provision are obvious, but the question arises, what will be we have already noticed, makes (by section 6) an attack upon a sufficient “ demand” to make interest run after the lapse of a poachers carrying guns without license. The other sections are month? It seems doubtful whether sending a client his bill of of little, if any, legal interest, except the 7th, which has a curious costs will suffice, and we think that a polite form of letter request- and unhappy history. It will be remembered that the Taxes ing payment will have to accompany the bill.
Management Act, 1880, repealed (inter alia) 43 Geo. 3, e. 161, s. Lastly, we come to the provision of rule 3, that " drafts and 60, which relates to the inspection of houses for the purposes of copies made in the course of business, the remuneration for which assessment to the house tax. This repeal was apparently not is provided for by this Order, are to be the property of the client.” intended, for the Statute Law Revision Act, 1881 (44 & 45 Viet. c. Is it meant by this that the client may always require them to be 59), “ revived” the enactment in question. But the revived statute delivered to him as soon as the matter is completed ? The conse- does not appear to have been quite lively enough, for the period quences of this might be so serious to solicitors that we fancy the between the passing of the Taxes Management Act, 1880, and of rule will generally remain a dead letter. Where is the provision the Statute Law Revision Act was left unprovided for, and during in the Solicitors' Remuneration Act which authorizes the making that period the revived statute was left dead as a door-nail. So of this rule ?
now we have a further revival by section 7 of the present statute, which provides that, "notwithstanding anything contained in the Taxes Management Act, 1880, section sixty" of Chere the title of
the Act is set out at length] “ shall be deemed to have continued LEGISLATION OF THE YEAR.
in force since the time of the passing of the said Taxes Managoment Act, 1880, to the same extent to which it was in force at
that time." The enactment in question, thus made retrospective, REVENUE ACTS.
in defiance of all the rules of legislation, gives power to certain 45 & 46 Vict. c. 41.-AN ACT TO GRANT CERTAIN DUTIES OF
Inland Revenue officers to make domiciliary visits.
45 & 46 Vict. c. 56.-AN ACT TO 45 & 46 Vict. c. 72.-AN ACT FOR AMENDING THE LAWS
FACILITÁTE AND REGT.
OF ELECTRICITY FOR LIGHTING AND RELATING TO CUSTOMS AND INLAND REVENUE AND POSTAGE AND OTHER STAMPS, AND FOR MAKING FURTHER PROVISION
OTHER PURPOSES IN GREAT BRITAIN AND IRELAND. RESPECTING THE NATIONAL DEBT AND CHARGES PAYABLE OUT
This is, beyond doubt, one of the most important of the OF THE PUBLIC REVENUE OR BY THE COMMISSIONERS FOR THE many important Acts of this session. Commenting upon it in its REDUCTION OF THE NATIONAL DEBT;
OTHER passage through Parliament, we ventured to observe that its PURPOSES.
excessive stringency might perhaps have the undesirable effect
of discouraging promoters. We are glad to see that the House We have placed these two enactments together, and think it of Lords, which has made but few alterations in the Bill, has desirable to notice them together, because it is abundantly clear made two of great importance. These are the substitution of from the perusal of the second, which bears the “ short” title of seven for five years as the term for which a "license” is to “The Revenue, Friendly Societies, and National Debt Act, 1882," last, and of twenty-one for fourteen years as the period after that a large number of its provisions ought to have been inserted which the power of compulsory purchase may be exercised. We in the first, which bears the familiar title of “ The Customs and will now go shortly through the inain provisions of the statute. Inland Revenue Act,” 1882. In speaking of them we will use There are three alternative authorities under which the powers the still shorter names of “Customs Act," and “ Revenue Act,” of the Act may be worked First, there is the Board of Trade respectively.
license (section 3); secondly, the Board of Trade provisional The Customs Act received the Royal assent in August, a later order (which needs a special Act to confirm it) (section 4); and date by two or three months than is usual with this annual statute thirdly, the special Act, not preceded by a provisional order. The