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LOFT, JOSEPH, Kingston upon Hull, Painter. Kingston upon Hull. Pet Dec 22. Ord Jan 4

LOFT, ROBERT MARKHAM, Kingston upon Hull, Keelman. Kingston upon Hull. Pet Dec 23. Ord Jan 4

MARTIN, GEORGE, jun, Bowles rd, Old Kent rd, Stone Merchant. High Court. Pet Dec 30. Ord Jan 3

NUTTALL, JAMES, Rochdale, Lancs, Tin Plate Worker. Oldham. Pet Dec 23.
Ord Jan 4

PRIESTLEY, ALEXANDER, Halifax, Printer. Halifax. Pet Jan 4. Ord Jan 4
RAWLIN, WILLIAM, Newark upon Trent, Watchmaker. Nottingham.
Dec 21. Ord Jan 1

Pet

ROGERS, WILLIAM, Leeds, Horse Dealer. Leeds. Pet Jan 5. Ord Jan 5
ROWE. FREDERICK ADAM, Cambridge, Wine Merchant. Cambridge. Pet Jan 5.
Ord Jan 5
SHAW, SAMUEL, jun, Ilkeston, Derbyshire, Grocer. Derby. Pet Dec 28. Ord
Jan 4

SMITH, ALFRED HODGSON, Nottingham, Engineer. Nottingham. Pet Dec 22.
Ord Jan 5

STANDING, JAMES HERBERT, Hove, nr Brighton, Actor. Brighton. Pet Jan 3. Ord Jan 3

STOCKS, GEORGE THOMAS, Walworth rd, Newington, Tobacconist's Manager. High Court. Pet Jan 3. Ord Jan 3

SUTHERLAND, THOMAS FREDERICK, Wallsend, Boot Maker. Newcastle on Tyne Pet Dec 20. Ord Jan 3

THOMAS, JAMES, Merthyr Tydfil, Tailor. Merthyr Tydfil. Pet Jan 4. Ord Jan 4 WATSON, GEORGE, Nottingham, Provision Dealer. Nottingham. Pet Dec 22. Ord Jan 1

WATTS, SAMUEL, Cardiff, Boot Dealer. Cardiff. Pet Jan 1. Ord Jan 1

WELSMAN, GEORGE EDWIN, Fenchurch st. High Court. Pet Nov 5. Ord Jan 4
WILLIAMS, HENRY DAVIDS BAYLEY, Carnarvon. Bangor. Pet Dec 13.
Jan 4

Ord

WOOD, JOHN, Nottingham, Music Seller. Nottingham. Pet Nov 24. Ord Jan 3 WOTTON, SARAH ANN, Brecon, Tobacconist. Merthyr Tydfil. Pet Jan 3. Ord

Jan 4

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DUTTON, JOSEPH, Middle, Salop, Farmer. Shrewsbury. Pet Jan 8. Ord Jan 8 GEDDES, CHRISTOPHER, Silkstone, Yorks, Fire Clay Goods Manufacturer. BarnsJey. Pet Jan 6. Ord Jan 6

HOLT, THOMAS, Ashton under Lyne, Cabinet Maker. Ashton under Lyne and Stalybridge. Pet Jan 7. Örd Jan 7

MACKINTOSH, NEAS, Bristol, Draper. Bristol. Pet Jan 7. Ord Jan 7

MILLS, HENRY, Walsall, Iron Manufacturer. Walsall. Pet Jan 6. Ord Jan 6 MORGAN, WILLIAM HENRY, Brawdy, Pembrokeshire, Farmer. Pembroke Dock. Pet Dec 23. Ord Jan 7

MORRIS, THOMAS, Walcote, Leicestershire, Farmer. Leicester. Pet Jan 8. Ord Jan 8

MORTON, JOHN, Stockton on Tees, Upholsterer. Stockton on Tees and Middlesborough. Pet Jan 6. Ord Jan 6

PERREN, JAMES HERBERT, Princeton st, Red Lion sq, Artist. High Court. Pet Dec 13. Ord Jan 7

POLLARD, FREDERICK, Leicester, Iron Moulder. Leicester. Pet Jan 8. Ord Jan 8

POWELL, JOHN PASIFULL, New Clee, Lincolnshire, Sailmaker. Great Grimsby. Pet Jan 5. Ord Jan 5

RHODES, THOMAS ISAAC EDWARD, Dancer rd, Fulham rd, Journalist. High Court. Pet Jan 6. Ord Jan 6

SKIDMORE, DANIEL, and ELIJAH SWAIN, West Bromwich, Coal Masters. Oldbury.

Pet Jan 6. Ord Jan 6

SPILSBURY, WILLIAM FRANCIS, Birmingham, Baker. Birmingham. Pet Jan 7. Ord Jan 7

SWINDON, ELIZA ROZINA, Piccadilly, Photographer. High Court. Pet Jan 7. Ord Jan 8

TAYLOR, CHARLES, and WILLIAM TAYLOR, Coventry, Watch Manufacturers.
Coventry. Pet Jan 6. Ord Jan 6

TRIPPIT, JOHN, South Shields, Bootmaker. Newcastle on Tyne. Pet Jan 8. Ord
Jan 8
WILDE, MARY, otherwise TWIVEY, Carlton, Yorks, Farmer. York. Pet Jan 8.
Ord Jan 8

WRIGHT, GEORGE NAYLOR, York, Coal Dealer. York. Pet Jan 8. Ord Jan 8

The following amended notice is substituted for that published in the London Gazette of Jan 7. CLEGG, CHARLES, Manchester, Architect. Manchester. Pet Jan 1. Ord Jan 4

FIRST MEETINGS.

ANIDJAH, LEWIS, Buckingham Palace rd, Fruit Salesman. Jan 18 at 12. Bankruptcy bldgs, Lincoln's inn fields

BOBBITT, WILLIAM JAMES, and ROBERT KNIGHTS, Lowestoft, Suffolk, Fishing Boat Owners. Jan 18 at 2.30. Suffolk Hotel, Lowestoft

BOCK, DAVID, Chorlton on Medlock, Manchester. Jan 24 at 3. Off Rec, Ogden's chbrs, Bridge st, Manchester

BOND, LLOYD JOHN, St Dunstan's hill, Lighterman. Jan 20 at 2.30. 33, Carey st, Lincoln's inn

BOTTOMLEY, JOHN, Bradford, Winder. Jan 18 at 3. Off Rec, 31, Manor row, Bradford

BOUSFIELD, WILLIAM HENRY, Lewknor, Tetsworth, Oxford, no occupation. Jan 22 at 11.30. Off Rec, 1, St Aldates, Oxford

CALVERT, CHARLES, Clerkenwell rd, Music Seller. Jan 18 at 11. Bankruptcy bldgs, Lincoln's inn fields

CHALMERS, JOSEPH WILLIAM, Chatham, House Decorator. Jan 21 at 11.30. Off Rec, High st, Rochester

CHAPMAN, FREDERICK, Wordsworth rd, South Hornsey, Picture Frame Maker.
Jan 18 at 11. Room 16, 30 and 31, St. Swithin's lane

CLIFFE, FERDINAND, Wilson st, Finsbury, Importer of Tobacconist's Goods.
Jan 20 at 12. 33, Carey st, Lincoln's inn
COULTON, HENRY, Newport Pagnell, Bucks, Clerk. Jan 22 at 4. County Court,
Northampton

CRISP, HARRY JAMES, Bedford, Butcher. Jan 21 at 10. 8, St Paul's sq, Bedford
CULVERHOUSE, ALFRED, and FREDERICK HENRY CULVERHOUSE, Camden Town,
Contractors. Jan 18 at 2 30. Bankruptcy bldgs, Portugal st, Lincoln's inn
fields
DOBSON, BENJAMIN, Weston super Mare, out of business. Jan 18 at 12.15. George
and Railway Hotel, Victoria st, Bristol

DRABBLE, ELIZA, ALFRED JOHN DRABBLE, WALTER HICKMAN DRABBLE, and ARTHUR MADDOCK DRABBLE, Worksop, Notts, Cabinet Makers. Jan 19 at 10.30. Corn Exchange, Worksop

HALL, ENOCH, Great Grimsby, Millwright. Jan 19 at 2. Off Rec, 3, Haven st,
Great Grimsby
HANNAN, FRANCIS JOHN, Woodstock, Oxfordshire, M.D. Jan 24 at 11.30. Off
Rec, 1, St Aldates, Oxford

HAWKINS, HARRY, Natal rd, Streatham, Builder. Jan 18 at 3. 109, Victoria st,
Westminster

INMAN, JOHN, Huttons Ambo, Yorks, Farmer. Jan 19 at 11.30. Talbot Hotel, New Malton, Yorks

JACOBSON, LIONEL, Marylebone rd, Business Transfer Agent. Jan 19 at 2.3).
Bankruptcy bldgs, Portugal st, Lincoln's inn fields

KING. GEORGE WILLIAM, Keen's yd. St Paul's rd, Canonbury, Cab Proprietor.
Jan 18 at 11. 33, Carey st, Lincoln's inn
LENG, THOMAS, Leavening, Yorks, Farmer. Jan 19 at 2. Talbot Hotel, New
Malton, Yorks

LEARMONTH, ALEXANDER, Eaton pl. Eaton sq, Esq. Jan 19 at 11. Bankruptcy bldgs, Portugal st, Lincoln's inn fields

MICHELL, CARLTON CUMBERBATCH, and JAMES DRAPER BISHOP, Woodstock rd, Shepherd's bush, Organ Builders

NUTTALL. FREDERICK, Salford, Grocer. Jan 24 at 2.30. Off Rec, Ogden's chbrs Bridge st, Manchester

OLDROYD, SAMUEL, Mirfield, Yorkshire, Furniture Dealer. Jan 19 at 3. Off Rec, Bank chbrs, Batley

PAIN, WILLIAM, Weston super Mare, Nurseryman. Jan 19 at 11.30. Railway Hotel, Weston super Mare

PAYNE, ELON, Aberystruth, Mon, Grecer. Jan 20 at 12. Off Rec, 12, Tredegar pl, Newport, Mon

PENNYMORE, WILLIAM HENRY, Golden lane, Printer. Jan 20 at 11. Bankruptcy bldngs, Portugal st

PIGG, ROBERT, Norwich, Butcher. Jan 22 at 11. Off Rec, 8, King st, Norwich
POWELL, JOHN PASIFULL, New Clee, Lincolnshire, Sailmaker. Jan 19 at 12.30.
Off Rec, 3, Haven street, Great Grimsby

ROBERTS, DAVID, Festiniog, Merionethshire, Quarry Labourer. Feb 3 at 11.
Queen's Head Cafe, Bangor
SIMCOX, JOHN, and ISAAC HORTON, Moxley, nr Wednesbury, Ironmasters. Jan
21 at 3.30. Off Rec, Wolverhampton

SIMPSON, JOSEPH, and WILFRED SIMPSON, Dewsbury, Yorks, Engineers. Jan 19 at 4. Off Rec, Bank chbrs, Batley

Portsea

SMITH, JAMES, Liss, Hampshire, Farmer. Jan 21 at 12. Off Rec, 166, Queen st, SOLOMON, ROSETTA, Ellington st, Barnsbury, Widow. Jan 19 at 12. 33, Carey st, Lincoln's inn

SOUTER, GEORGE STEPHEN, C, West st, Battersea pk rd, Grocer. Jan 18 at 12. 109, Victoria st, Westminster

TAYLOR, CHARLES, and WILLIAM TAYLOR, Coventry, Watch Manufacturers. Jan 20 at 11. Off Rec, Coventry

THOMAS, JAMES, Merthyr Tydfil, Tailor. Jan 24 at 11. Off Rec, Merthyr Tydfil THYNNE, WILLIAM, Woodstock rd, Shepherd's Bush, Organ Builder. Jan 18 at 2,30. Bankruptcy bldgs, Lincoln's inn fields

TRUSS, ANNIE ELIZA CATHERINE, and EMMA ANNA TRUSS, Sale, Cheshire, Confectioners. Jan 27 at 3. Off Rec, Ogden's chbrs, Bridge st, Manchester UNDERWOOD, MARIA LOUISA, Hastings, Agent to the Scientific Dress Cutting Association for Hastings. Jan 19 at 2. 40, Robertson st, Hastings

VERDIN, ALBERT, Blackfriars rd, Licensed Victualler. Jan 20 at 12. Bankruptcy bldgs. Lincoln's inn fields

WARD, JOHN. Norwich, Boot Manufacturer. Jan 22 at 12. Off Rec, 8, King st,
Norwich

WILDE, MARY, otherwise TWIVEY, Snaith, Yorks, Farmer.
Rec, York
WOTTON, SARAH ANN, Brecon, Tobacconist. Jan 24 at 12.
Tydfil
WRIGHT, GEORGE NAYLOR, York, Coal Dealer. Jan 22 at 1.
st, York

Dec 21. Ord Jan 8

ADJUDICATIONS.

Jan 22 at 12. Off

Off Rec, Merthyr Off Rec, 17, Blake

ATTWOOD, WILLIAM HENRY, Kensworth, Hertfordshire, Farmer. Luton. Pet
BATES, ELIZA, and CHARLES BATES, Worcester, Bakers. Worcester. Pet Dec 31.
Ord Jan 7
BAXTER, ROBERL, Carlisle, Innkeeper. Carlisle. Pet Dec 10. Ord Jan 6

BOCK, DAVID, Chorlton on Medlock, Manchester. Manchester. Pet Jan 7. Ord
Jan 7
BODKIN, SAMUEL, Maidstone, Licensed Victualler. Maidstone. Pet Dec 3. 0:d
Jan 5

BURN, THOMAS, Morpeth, Northumberland, Grocer. Newcastle on Tyne. Pet
Jan 8. Ord Jan 8
BROOKES, THOMAS, Wrexham, Brewer. Wrexham, Pet Dec 29 Ord Dec 29
BUTCHER, GEORGE PALLANT, Paternoster sq, Publisher. High Court. Pet Dee
20. Ord Jan 7
CAIN, CHARLES, Luton, Manufacturer. Luton. Pet Dec 18. Ord Jan 6
CHALMERS, JOSEPH WILLIAM, Chatham, Kent, House Decorator. Rochester
Pet Jan 7. Ord Jan 7

CHAPMAN, FREDERICK, Wordsworth rd, South Hornsey, Picture Frame Maker.
Edmonton. Pet Dec 22. Ord Jan 6

CLARK, WILLIAM BOULTON, Sheffield, Printer. Sheffield, Pet Dec 9. Ord Jan 6
CRISP, HARRY JAMES, Bedford, Butcher. Bedford. Pet Jan 3. Ord Jan 7
DENT, GEORGE, Spennyinoor, Durham, Butcher. Durham. Pet Jan 8. Ord
Jan 8

DRUMMOND, JOHN NELSON, King's rd, Kingston Hill, Artist. Kingston, Surrey.
Pet Dec 4. Ord Jan 5

DURRANT, JABEZ ALFRED, Crutched Friars, Wine Merchant. High Court. Pet

Dec 16. Ord Jan 7

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MEASURES, CHARLES, Northampton, Farmer. Leicester. Pet Dec 4. Ord Jan 6 MORTON, JOHN, Stockton on Tees, Upholsterer. Stockton on Tees and Middlesborough. Pet Jan 6. Ord Jan 6

NORTH, JOHN, Lofthouse cum Carlton, nr Wakefield, Farmer. Leeds Pet Jan 4. Ord Jan 8

NUTTALL, FREDERICK, Salford, Grocer. Salford. Pet Jan 5. Ord Jan 8 OLDROYD, SAMUEL, Mirfield, Yorks, Furniture Dealer. Dewsbury. Pet Jan 3. Ord Jan S

ONIONS, GEORGE, Moxley, Staffordshire, Iron Master. Wolverhampton. Pet Dec 15. Ord Jan 7

PAYNE, ELON, Aberystruth, Mon, Grocer. Tredegar. Pet Dec 29. Ord Jan 7
PIGG, ROBERT, Heigham, Norwich, Butcher. Norwich. Pet Jan 5. Ord Jan 7
POWELL, JOHN PASIFULL, New Clee, Lincoln, Sailmaker. Gt Grimsby. Pet Jan
5. Ord Jan 5
ROBERTS. DAVID, Festiniog, Merioneth, Quarry Labourer. Bangor. Pet Jan 1.
Ord Jan 6

SOUTER, GEORGE STEPHEN, Battersea pk rd, Grocer. Wandsworth. Pet Dec 21.
Ord Jan 7

STILES. WILLIAM HARCOURT, Teignmouth, Devon, Gent. Exeter. Pet Dec 22.
Ord Jan 7

UPJOHN, AMBROSE G, Brighton, Provision Merchant. Brighton. Sec 103. Ord
Jan 8
UPWARD, WALTER, Finsbury circus, Solicitor. High Court. Pet Nov 15.
Jan 7

Ord WARD, JOHN, Norwich, Boot Manufacturer. Norwich. Pet Dec 21. Ord Jan 7 WIGGINTON, HENRY, Oakham, Rutland, Groom. Leicester. Pet Dec 20. Ord Jan 6

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Anti-Dyspeptic Cocoa or Chocolate Powder. Guaranteed Pure Soluble Cocoa of the Finest Quality with the excess of fat extracted.

The Faculty pronounce it" the most nutritious, per. fectly digestible beverage for Breakfast, Luncheon, or Supper, and invaluable for Invalids and Children."

MARRIAGES.

GOLDIE GREGSON.-Jan. 6. at Holy Trinity. West-hill. Wandsworth, John Haviland Dashwood Goldie, of the Inner Temple, barrister-at-law, to Ethel Maude, daughter of Robert Shuttleworth Gregson. of Hendon Lodge, Southfields, Wandsworth.

GREEN-BLOTT.-Jan. 6, at Christ Church, Highbury. Edward Frederick Green,
solicitor, to Emma, only daughter of the late William Blott, of Barton, Bed-
fordshire.
DEATHS.

CHANDLER.-Jan. 10, at Oakley Grange, Shrewsbury, Charles Chandler, solicitor,
aged 66.
GEORGE.-Jan. 10, Thomas Sanderson George, of Bradford, solicitor, aged 35.
RAMSAY.-Dec. 22, at St. Hugues, Canada, Thomas Kennedy Ramsay, Judge
Supreme Court, Quebec and Montreal, aged 60.

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EDE AND SON,

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The Companies Acts, 1862 to 1883.

MILNER'S Strong, Holdfast, & Fire Resist- PARTRIDGE & COOPER, Every requisite under the above Acts supplied on the

ing Safes & Banker's Strong Rooms.

LAW AND GENERAL STATIONERS,

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found that there was little practical difference between the rule laid down by the Court of Appeal and that laid down by Mr. Justice KAY-viz., that, "after a solicitor had accepted any employment, and had done anything therein for which he could make a charge supposing the scale did not apply, it was too late for him to elect to charge according to the system existing before the General Order came into operation." A decision of Hester v. Hester, which we report this week, shews as plainly as possible that a solicitor may "undertake "" the "business" so as to debar himself from electing under clause 6, although at the time of the acts which constitute the "undertaking of the business" he had no specific instructions or retainer in the matter, but was merely acting in the interest of clients for whom he had previously habitually acted. It is interesting to compare this decision with the principle which forms the basis of the

The Solicitors' Journal and Reporter. well-known case of Saffron Walden Building Society v.

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SEVERAL SHORT CAUSES having been brought on before Mr. Justice STIRLING on Saturday last in which minutes of the proposed judgment had not been left with the papers for the judge, his lordship said that it must be understood that any matter intended to be heard as a short cause must be so marked in the Cause Book at least one clear day before the same could be put in the paper to be so heard; and the necessary papers, including minutes of the proposed judgment or order, must be left with the judge's officer one clear day before the cause was to be put in the

paper.

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AS AN ILLUSTRATION of the mistakes which may arise by acting on a so-called copy of a document, Mr. Justice CHITTY, on Saturday, by way of explaining his reasons for calling for an original deed, informed the bar that on one occasion within his experience a gift was copied in the following words-viz., "One thousand pounds to such son on his attaining twenty-one." In connection with the context, these words applied to one person, but when the original document was examined, it was found that the word "such" should have been "each," and that nine persons were to have £1,000 each, instead of one. In the instance referred to, the mistake appears to have been discovered in time to prevent complications, but such mistakes give ample grounds for the exercise of the utmost caution with regard to "copies" of documents.

THE COURT OF APPEAL, having, in Re Allen (ante, p. 185), got its teeth well into clause 6 of the Remuneration Order, is proceeding to further rend and shake the efficacy out of that provision. It will be remembered that in Re Allen Lord Justice COTTON laid it down that the "business" was "undertaken" by the solicitor as soon as the client retained him and he accepted the retainer," and, as we remarked last week, there are expressions in the judgment which indicate that the retainer must be to attend to the matter and to undertake the preparation of the lease"; but we warned our readers that, notwithstanding these expressions, it would be

66

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Rayner (28 W. R. 681), where Lord Justice JAMES lays it down that it is a "prevailing fallacy that there is such a thing as the office of a solicitor-that is, that a man has a solicitor, not as a person whom he is employing to do some particular business for him, but as an official solicitor." It appears that, for the purposes of the Remuneration Order only, there is such a thing as resulting from the construction given to clause 6, and an interestan official solicitor." The facts of the case shew the hardship ing letter, which we print elsewhere, shews the same thing with regard to Re Allen. The scale fee in the latter case is stated to have barely covered the stationer's charges and parchment, and in Hester v. Hester it was stated that, while the scale fee was £12, the cost of the abstract alone amounted to £12 10s. The result of the cases appears to be to render it necessary for a solicitor, in every case in which there is reason to suppose that the scale fee may be thus grossly inadequate, to take care that notice in writing of election is given to the client before anything is done by the solicitor for which he can make a charge.

THE IMPORTANT DECISION in Hall v.

41, is now reported (18 Q. B. D. 11). A mortgage contained the Comfort, referred to ante, p. usual attornment clause in a slightly abbreviated form. The defendant made default in payment, and the plaintiff commenced an action to recover possession of the premises, and applied for judg ment under order 14. Two questions were raised in the action, firet, whether the attornment clause was void under the Bills of Sale Acts? second, whether the term created by the attornment had expired or been determined under R. S. C., 1883, ord. 3, r. 6 (F.) ? As to the first question, it was argued that the clause was void under the Act of 1878 (41 & 42 Vict. c. 31), (1) under section 3, as creating a tenancy to which a power of distress was incident, so that it gave power to seize personal chattels; (2) under section 6, as being "an attornment, &c., whereby a power of distress is given to any person by way of security for any debt": that it was void under the Act of 1882 (45 & 46 Vict. c. 43), (1) under section 8, for want of registration; (2) under section 9, as not being in the prescribed form; (3) under section 13, as giving a power of immediate removal. The court (COLERIDGE, C.J., MANISTY, J., and STEPHEN, J.) decided that the mortgage deed was not a bill of sale within the meaning of the Act. cannot think," says COLERIDGE, C.J., "that because the law attaches the right of distress to the relation of landlord and tenant that necessarily makes a document which creates such a relation a bill of sale. I could get no answer to the suggestion that if this were within the Acts all leases would be bills of sale." MANISTY, J., was of opinion that the language of section 6 of the Act of 1878-" every attornment whereby a power of distress is given "-implies "that the power must be expressly given, and must be a special power, not the usual power of distress incidental to a demise." Both COLERIDGE, C.J., and MANISTY, J., thought that the power to seize mentioned in section 6 means a power to seize particular goods, not the power implied by law on a tenancy, which exterds to any goods which may be on the premises during the demise, including goods of a stranger. MANISTY, J., was also of opinion that, as it was impossible to comply with the directions in section 9 as to an inventory of goods in a demise, the result of holding the attornment clause void would be that all demises would be within the Bills of Sale Acts, and would be void. The decision of the court on the second point was

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in favour of the plaintiff on the authority of Daubuz v. Lavington (32 W. R. 772, 13 Q. B. D. 347). The practical result is that there is no objection to the insertion of an attornment clause in a mortgage according to the usual practice. It should, however, be remembered that only a fair, not a fictitious, rent can be reserved: Ex parte Williams (26 W. R. 274, 7 Ch. D. 138), Re Stockton, &c., Co. (27 W. R. 433, 10 Ch. D. 335), Ex parte Jackson (29 W. R. 253, 14 Ch. D. 725), Ex parte Voisey (31 W. R. 19, 21 Ch. D. 442). As to disclaimer, by the trustee in bankruptcy of the mortgagor, of the tenancy created by the attornment, see Ex parte Isherwood, Re Knight (31 W. R. 442, 22 Ch. D. 384). It should, perhaps, be observed that, notwithstanding dicta in some of the older cases, the insertion of the attornment clause does not render the mortgagee liable to liable to account as mortgagee in possession: Stanley v. Grundy (22 W. R. 315, 22 Ch. D. 478). The amount levied by distress for rent under the attornment may be applied in the payment of principal as well as interest, in the absence of any provision to the contrary in the mortgage: Ex parte Harrison, Re Betts (30 W. R. 38, 18 Ch. D. 127), and per BACON, V.C., in Stanley v. Grundy (ubi sup.).

IN THE COURSE of the hearing of several motions for the appointment of a receiver in four actions against the same company, the usual vigorous and lively contest arose before Mr. Justice CHITTY as to whose nominee should be appointed. The learned judge, after witnessing with exemplary patience the great pitched battle which was waged before him for a long time, took occasion at length to remark very pointedly upon the prevalent practice of describing the receiver appointed by the court as "our receiver," meaning the receiver of the nominor, as if the nominor were entitled to any greater consideration or benefit from the receiver than any other party to the proceedings. He protested against this practice; the receiver being the receiver of the court, and not in any sense the servant of the parties. It is sometimes useful to be reminded of elementary propositions, especially when the reminder comes from one who is in a position to disallow the costs of unsuccessful parties whom he may consider to have been obstructive; and, under similar circumstances, it may be useful to remind practitioners that the phrase our receiver" is henceforth tabooed in Mr. Justice CHITTY's court.

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WE REPORT elsewhere an interesting address delivered by Mr. WALDRON, the President of the Cardiff Law Society, which contains a suggestion which, so far as we know, is novel, and deserves consideration as affording a hint of one direction which some scheme for relieving the pressure in chambers might possibly take. "There is one reform," said Mr. WALDRON, "in the practice of the Chancery Division of the High Court which I should like to see carried out. In my judgment it would greatly lessen the time and expense wasted in the present system of 'taking accounts' if, after 'order made,' the papers in the action were remitted to an experienced local solicitor (unconnected with the parties), who could examine the vouchers, hear the evidence of the litigants and their witnesses, and report the result to the court. In this way the repeated adjournments before chief clerks would be avoided, and accounts which now take months to settle could be disposed of in a day or two."

ON SATURDAY LAST the hearing of a case respecting a ward of court detained Mr. Justice CHITTY in court until the almost unprecedented hour of after five o'clock, being three hours beyond the usual time of rising on the last day of the week. It is hoped that no precedent may be drawn from this late sitting.

We noticed some time ago an ingenious form of letter-book, introduced by Messrs. Wodderspoon & Co., of 7, Serle-street, Lincoln's-inn, termed the "Patent Untearable Margin-bound Copying-book," containing leaves waterproofed at the binding-margin so as to prevent their tearing away from the back of the book. The same firm now send us a copy of a cheaper form of the same description of copying-book, produced at rather more than half the price of the former issue, and termed quality."

"second

ON THE FORM OF MORTGAGE BILLS OF SALE. IV.

Keeping up the value of the property.-In The Consolidated Credit and Mortgage Corporation (Limited) v. Gosney (34 W. R. 106, 16 Q. B. D. 24), a covenant to replace chattels worn out out so as to keep up the total value to the present value was held good. In Furber v. Cobb (17 Q. B. D. 459), where the covenants were, not to allow deterioration other than by fair wear and tear, and to replace articles destroyed or deteriorated, and there was a power to the grantee to seize on breach of covenant, the bill of sale was declared to be invalid.

Power of sale.-The decision of the Court of Appeal in Ex parte The Official Receiver, Re Morritt (ante, p. 143), on appeal from Ex parte Bentley, Re Moritt (34 W. R. 579), is a conclusive authority that every bill of sale confers a power of sale on the mortgagee, though it leaves it doubtful whether such power is conferred by the general law or by the Bills of Sale Amendment Act, 1882; it also decides that the power of sale conferred on mortgagees by the Conveyancing Act, 1881, cannot be implied in a bill of sale (see ante, p. 137). But the decision leaves undecided the important question whether an express power of sale may be safely inserted in a bill of sale. The case of Hetherington v. Groom (33 W. R. 103, 13 Q. B. D. 789), which decided that a bill of sale containing such a power was good, cannot be considered as a binding authority, as the decision depended on the opinion that the insertion of an express power was necessary in order to render the bill of sale effective, an opinion which is inconsistent with the decision in Re Morritt. In the absence of decision it appears safer not to insert an express power, owing to the risk of its being held that the insertion of the power renders the bill not in accordance with the form in the schedule.

Bearing in mind the provisions of the 7th section of the Act of 1882, it will readily be understood that, even if the insertion of an express power does not render the bill of sale invalid, a provision protecting a purchaser from being bound to see or inquire whether any default in payment by the grantor had been made renders the bill invalid: Blaiberg v. Parsons (17 Q. B. D. 336; same case sub. nom. Parsons v. Hargreaves, 34 W. R. 717); Blaiberg v. Beckett (35 W. R. 34).

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Seizure. The prescribed form contains a declaration that the chattels are not to be liable to seizure or to be taken possession of by the grantee for any cause other than those specified in” the 7th section of the Act of 1882-that is to say

(1) If the grantor shall make default in payment of the sum or sums of money thereby secured at the time therein provided for payment or in the performance of any covenant or agreement contained in the bill of sale and necessary for maintaining the security; (2) if the grantor shall become a bankrupt or suffer the said goods or any of them to be distrained for rent, rates, or taxes; (3) if the grantor shall fraudulently either remove or suffer the said goods or any of them to be removed from the premises; (4) if the grantor shall not, without reasonable excuse, upon demand in writing by the grantee, produce to him his last receipts for rent, rates, and taxes; (5) if execution shall have been levied against the goods of the grantor under any judgment at law.

To consider these causes in order :-
:-

(1) As to default of payment.-Where the principal and interest were to be paid by monthly instalments, a power on default of payment of any instalment to seize and sell after the statutory five days and apply the proceeds in payment of the whole sum secured, the bill of sale was held invalid: Myers v. Elliott (34 W. R. 338, 16 Q. B. D. 526).

(2) Maintenance of the security.-The following covenants have been decided not to be necessary for maintaining the security within the meaning of this section; to deliver to the grantee the receipts for rates and taxes of the place where the goods were: Re Williams, Ex parte Pearce (32 W. R. 187, 25 Ch. D. 656); Davis v. Burton (31 W. R. 523, 10 Q. B. D. 537, 32 W. R. 423, 11 Q. B. D. 414); not to permit the chattels to be destroyed, injured, or deteriorated, fair wear and tear excepted, and to replace those destroyed, injured, or deteriorated: Furber v. Cobb (17 Q. B. D. 459).

(3) "If the grantor shall do or suffer any matter or thing whereby he shall become a bankrupt" was held to mean the same as "if the grantor shall become a bankrupt in Ex parte Allam, Re Munday (33 W. R. 231, 14 Q. B. D. 43); while, on the other

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hand, a power of seizure, "if the grantor shall do or suffer anything whereby he shall render himself liable to become a bankrupt," renders the bill of sale invalid: Re Williams, Ex parte Pearce (32 W. R. 18, 25 Ch. D. 657).

(5) Receipt for rent, &c.-A power of seizure, if the grantor shall not "forthwith," after every payment of rents, rates, and taxes, produce the receipt, rendered the bill of sale invalid in Re Williams, Ex parte Pearce (ubi suprà).

CONCERNING SEARCHES.

(XXI.) WHAT SEARCHES ARE USUALLY MADE. SEARCHES AS AFFECTED BY THE INTEREST OF THE VENDOR. (4) Fraudulent removal of goods.-A power of seizure in the words of sub-section (3), with the omission of the word "fraudu-The time for commencing searches for judgments or Crown Estate in fee simple where the vendor was a purchaser for value. lently," renders the bill of sale invalid: Re Williams, Ex parte debts does not depend on the date when the vendor purchased, but Pearce (ubi suprà). on the date of his birth, as judgment may be had against an infant, and an infant may be a Crown debtor. It is, however, the practice, in the absence of special circumstances, not to search against any person before the time when he came of age, but it may be doubted whether this practice is safe (see post, “Infant.”). The searches to be made for judgments and executions at the suit of a subject are stated ante, p. 105; for Crown debts and executions at the suit of the Crown, at 30 SOLICITORS' JOURNAL, 783; in the local registries, at 30 SOLICITORS' JOURNAL, 751, 760; terminable charges, at 30 SOLICITORS' JOURNAL, 714, 629; insolvencies, lis pendens, and annuities, at 30 SOLICITORS' JOURNAL, 818; for bankruptcies and creditors' deeds, at 30 SOLICITORS' JOURNAL, 795.

In Lumley v. Simmons (34 W. R. 759) a provision that, if the grantee became entitled to seize the chattels, he might enter and remain upon any premises where they might be, and, if necessary, break open doors and windows in order to obtain admission, was supported.

To recapitulate.—(1) A mortgage bill of sale must be substantially in accordance with the form given in the schedule to the Act of 1882; if it be not it is avoided in toto (ante, pp. 40, 41); (2) a mortgage bill of sale in the prescribed form accompanied by an instrument containing other terms of the agreement is void (ante, p. 41); (3) the consideration must state with substantial accuracy, either in legal or business accuracy, the true effect of what actually took place (ante, p. 56); (4) personal chattels (with certain exceptions as to growing crops, fixtures, and trade machinery) must be described in an inventory contained in a schedule to the bill of sale"as a business man would describe them" (ante, p. 57); (5) with some exceptions, no mortgage can be made of afteracquired chattels (ante, p. 57); (6) the rate of interest, which may be per month, must be stated; the reservation of a fixed sum as interest where no rate is specified, or of compound interest, avoids the bill of sale (ante, pp. 180, 181); (7) the time for payment must be stated definitely and with certainty (ante, p. 181); (8) a bill of sale given by way of indemnity is void (ante, p. 181); (9) as to provisions with respect to insurance, rent, rates and taxes, and as to keeping up the value of the security, which appears not to be capable of reduction to a rule see ante, pp. 181. The cases appear to shew that a provision causing the money secured by the bill of sale to become due on breach by the mortgagor of his covenants as to either of these matters avoids a bill of sale. (10) Every bill of sale confers a power of sale on the mortgagee (ante, p. 137, and suprà). It is doubtful whether the insertion of an express power is admissible. (11) The decisions on the cases arising under the 7th section of the Act of 1882-i.e., as to seizure by the grantee-are discussed suprà.

In conclusion, we cannot help cailing attention to the frightful expense occasioned to the public-and, we may add, the scandal occasioned to the administration of justice-owing to the Bills of Sale Acts having been drawn in language which is unintelligible to an ordinary lawyer. Some of our readers who flatter themselves that they understand the Acts may consider our language too strong; this is not the case. We constantly find that an able judge, assisted by the arguments of able counsel, arrives with much difficulty at a decision as to the meaning of the Act, and that it is an even chance whether his decision may not be reversed by the Court of Appeal after, perhaps, more than one argument. Considering that a bill of sale is the security generally used by very poor people who cannot afford to pay for expensive legal advice, it appears to us that one of the most pressing legal reforms is the passing of an amending Bills of Sale Act. No pains and expense should be spared in rendering it intelligible to an ordinary lawyer. This is, perhaps, a Utopian wish; but at all events it must be within the power, and therefore it is the duty, of Parliament to pass an Act which a judge, aided by the arguments of counsel, can interpret with reasonable certainty.

The judical business of the House of Lords will be resumed on Monday, the 31st inst. The present list contains the names of 26 cases, of which 21 are English, one is Irish, and four are Scotch appeals.

In the course of his address in the Mobbs Estate trial, Sir Charles Russell remarked that his client had just cause to complain that in a charge of fraud an indictment of this kind should be flung at his head, the length of the indictment in this case being 900 folios, containing 38 counts.

In addition to these searches inquiry must be made from the sheriff whether he has in his hands, or has lately returned, a writ of elegit against the vendor, and inquiries must be made from any person likely to know whether a receiver or sequestrators have been appointed over his land: 30 SOLICITORS' JOURNAL, 724, 742.

Vendor seised in fee taking by descent, devise, or by voluntary conveyance.-The searches will be the same as in the last case, with the addition of searches against every predecessor in title up to and including the last purchaser for value.

Wife's lands.—If the wife's title accrued, or if she was married, after 1882, searches must be made against her, not against her husband: see the Married Woman's Property Act, 1882, s. 1 (2). If her title accrued, and she was married to her husband, before 1883, searches of all natures must be made against her in her maiden name till the marriage, and afterwards against the husband, except for judgments, where necessary, and annuities, which must be made against the husband and wife jointly, and also against the husband alone. It has been argued that if the property devolves on the wife after the marriage it is not necessary to search for judgments in her maiden name, on the ground that the husband's marital right would be preferred to that of the wife's judgment creditor. This is probably correct; but it must be remembered that a judgment made against the wife before marriage may be enforced against her after the husband's

death.

the inheritance will be bound: per James, L.J., Re Howarth
Infant.-A judgment may be made against an infant by which
(8 Ch. App., at p. 418), and execution can he sued out on such
judgment: Re South (9 Ch. 369). The searches, therefore,
for judgments and executions, and also for Crown debts and exe-
cutions against an infant, will be the same as against an adult.
An infant may be either plaintiff or defendant in an action relating
to real estate, therefore searches for lis pendens must be made
against him. An infant could be made bankrupt on his own
petition under the Bankruptcy Act, 1861 (Re Smedley, 10 L. T. N. S.
432; Ex parte Hands, 15 W. R. 1089), and possibly he can pre-
sent a bankruptcy petition under the existing law; but in
ordinary cases no searches for such petitions can be required.
No searches for annuities need be made against an infant. Owing
to the possibility of a judgment having been entered up against
him searches must be made in the Middlesex and old Yorkshire
Registries: and owing to the possibility of an order of court
affecting the land having been made, searches must be made in the
present Yorkshire Registry. Searches for charges under the
Sewers Amendment Act (3 & 4 Will. 4, c. 22) and the Land
Drainage Act, 1861 (24 & 25 Vict. c. 183), may also be required.

The question whether searches ought to be made against an infant for other terminable improvement charges is one of great nicety. The definition of "landowner" in the Public Money Drainage Acts, the Private Money Drainage Act, 1849, and the Improvement of Land Act, 1864, is (with some exceptions not important for the present purpose) the person "in actual possession or receipt of the rents and profits"; not the person entitled to the possession or the receipt of the rents and profits.

The question, therefore, arises, Can an infant be in actual possession or receipt of the rents and profits? It is apprehended that

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