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LOFT, JOSEPH, Kingston upon Hull, Painter. Kingston upon Hull. Pet Dec CHAPMAN, FREDERICK, Wordsworth rd, South Hornsey, Picture Frame Maker. 22. Ord Jan 4
Jan 18 at 11. Room 16, 30 and 31, St. Swithin's lane LOFT, ROBERT MARKHAM, Kingston upon Hull, Keelman. Kingston upon Hull. CLIFFE, FERDINAND, Wilson st, Finsbury, Importer of Tobacconist's Goods. Pet Dec 23. Ord Jan 4
Jan 20 at 12. 33, Carey st, Lincoln's inn MARTIN, GEORGE, jun, Bowles rd, Old Kent rd, Stone Merchant. High Court. COULTON, HENRY, Newport Pagnell, Bucks, Clerk. Jan 22 at 4. County Court, Pet Dec 30. Ord Jan 3
Northampton NUTTALL, JAMES, Rochdale, Lancs, Tin Plate Worker. Oldham. Pet Dec 23. CRISP, HARRY JAMES, Bedford, Butcher. Jan 21 at 10. St Paul's sq, Bedford Ord Jan 4
CULVERHOUSE, ALFRED, and FREDERICK HENRY CULVERHOUSE, Camden Town, PRIESTLEY, ALEXANDER, Halifax, Printer. Halifax. Pet Jan 4. Ord Jan 4
Contractors. Jan 18 at 2 30. Bankruptcy bldgs, Portugal st, Lincoln's inn RAWLIN, WILLIAM, Newark upon Trent, Watchmaker. Nottingham. Pet
fields Dec 21. Ord Jan 1
DOBSON, BENJAMIN, Weston super Mare, out of business. Jan 18 at 12.15. George ROGERS, WILLIAM, Leeds, Horse Dealer. Leeds. Pet Jan 6. Ord Jan 5
and Railway Hotel, Victoria st, Bristol ROWE, FREDERICK ADAM, Cambridge, Wine Merchant. Cambridge. Pet Jan 5. DRABBLE, ELIZA, ALFRED DRABBLE, WALTER HICKMAN DRABBLE, and Ord Jan 5
ARTHUR MADDOCK DRABBLE, Worksop, Notts, Cabinet Makers. Jan 19 at SHAW, SAMUEL, jun, Ilkeston, Derbyshire, Grocer. Derby. Pet Dec 28. Ord 10.30. Corn Exchange. Worksop Jan 4
HALL, ENOCH, Great Grimsby, Millwright. Jan 19 at 2. Off Rec, 3, Haven st, SMITH, ALFRED HODGSON, Nottingham, Engineer. Nottingham, Pet Dec 22.
Great Grimsby Ord Jan 5
HANNAN, FRANCIS JOHN, Woodstock, Oxfordshire, M.D. Jan 24 at 11.30. Off STANDING, JAMES HERBERT, Hove, nr Brighton, Actor. Brighton. Pet Jan 3. Rec, 1, 8t Aldates, Oxford Ord Jan 3
HAWKINS, HARRY, Natal rd, Streatham, Builder. Jan 18 at 3. 103, Victoria st, STOCKS, GEORGE THOMAS, Walworth rd, Newington, Tobacconist's Manager.
Westminster High Court. Pet Jan 3. Ord Jan 3
INMAN, JOHN, Huttons Ambo, Yorks, Farmer. Jan 19 at 11.30. Talbot Hotel, SUTHERLAND, THOMAS FREDERICK, Wallsend, Boot Maker. Newcastle on Tyne
New Malton, Yorks Pet Dec 20. Ord Jan 3
JACOBSON, LIONEL, Marylebone rd, Business Transfer Agent. Jan 19 at 2,30. THOMAS, JAMES, Merthyr Tydil, Tailor. Merthyr Tydfil. Pet Jan 4. Ord Jan 4
Bankruptcy bldgs, Portugal st, Lincoln's inn fields WATSON, GEORGE, Nottingham, Provision Dealer. Nottingham. Pet Dec 22.
KING. GEORGE WILLIAM, Keen's yd. St Paul's rd, Canonbury, Cab Proprietor. Ord Jan 1
Jan 18 at 11. 33, Carey st, Lincoln's inn WATTS, SAMUEL, Cardiff, Boot Dealer. Cardiff. Pet Jan 1. Ord Jan 1
LENG, THOMAS, Leavening, Yorks, Farmer. Jan 19 at 2. Talbot Hotel, New
Malton, Yorks WELSMAN, GEORGE EDWIN, Fenchurch st. High Court. Pet Nov 5. Ord Jan 4 LEARMONTH, ALEXANDER, Eaton pl, Eaton sq, Esq. Jan 19 at 11. Bankruptcy WILLIAMS, HENRY DAVIDS BAYLEY, Carnarvon. Bangor. Pet Dec 13. Ord
bldgs, Portugal st, Lincoln's inn fields Jan 4
MICHELL, CARLTON CUMBERBATCH, and JAMES DRAPER BISHOP, Woodstock rd,
Shepherd's bush, Organ Builders WOOD, JOHN, Nottingham, Music Seller. Nottingham, Pet Nov 24. Ord Jan 3
NUTTALL. FREDERICK, Salford, Grocer. Jan 24 at 2.30. Off Rec, Ogden's chbrs WOTTON, SARAH ANN, Brecon, Tobacconist. Merthyr Tydal. Pet Jan 3. Ord Bridge st, Manchester Jan 4
OLDROYD, SAMUEL, Mirfield, Yorkshire, Farniture Dealer. Jan 19 at 3. Off Rec, The following amended notices are substituted for those published in the
Bank chbrs, Batley London Gazette of Dec. 17. ANIDJAH, LEWIS, Buckingham Palace rd, Fruit Salesman. High Court. Pet Dec Pain, WILLIAM, Weston super Mare, Nurseryman. Jan 19 at 11.30. Railway
Hotel, Weston super Mare 10. Ord Dec 13
PAYNE, ELON, Aberystruth, Mon, Grecer. Jan 20 at 12. Off Rec, 12, Tredegar WEBB, JOHN, Southsea, Bootmaker. Portsmouth. Pet Dec 11. Ord Dec 11
pl, Newport, Mon
PENNYMORE, WILLIAM HENRY, Golden lane, Printer. Jan 20 at 11. Bankruptcy London Gazette.-TUESDAY, Jan, 11.
bldngs, Portugal st
PIGG, ROBERT, Norwich, Butcher. Jan 22 at 11. Off Rec, 8, King st, Norwich RECEIVING ORDERS. ANGOOD, JOHNSON, Chatteris, Cambridge, Farmer. Peterborough. Pet Jan 7.
POWELL, JOHN PASIFULL, New Clee. Lincolnshire, Sailmaker. Jan 19 at 12.30. Ord Jan 7
Off Rec, 3, Haven street, Great Grimsby BEENY, CAROLINE. Hailsham, Sussex, Corn Merchant. Lewes and Eastbourne.
ROBERTS, DAVID, Festiniog, Merionethshire, Quarry Labourer. Feb 3 at 11.
Queen's Head Cafe, Bangor
SIMCOX, JOHN, and ISAAC HORTON, Moxley, nr Wednesbury, Ironmasters. Jari
21 at 3.30. Off Rec, Wolverhampton Jan 7 BOULTER, JOSEPH, Staines rd, Hounslow, Publican. Brentford. Pet Dec 9. Ord
SIMPSON, JOSEPH, and WILFRED SIMPSON, Dewsbury, Yorks, Engineers. Jan 19 Jan 4
at 4. Off Rec, Bank chbrs, Batley BRAGG, H, Stralock ter, Parsons Green, Fulham, Builder. High Court. Pet
SMITH, JAMES, Liss, Hampshire, Farmer. Jan 21 at 12. Off Rec, 166, Queen st, Dec 10. Ord Jan 6
Portsea BURN, THOMAS, Morpeth, Northumberland, Grocer. Newcastle on Tyne. Pet
SOLOMON, ROȘETTA, Ellington st, Barnsbury, Widow. Jan 19 at 12, 83, Carey st, Jan 8. Ord Jan 8
Lincoln's inn CHALMERS, JOSEPH WILLIAM, Chatham, House Decorator. Rochester. Pet Jan
SOUTER, GEORGE STEPHEN, C, West st, Battersea pk rd, Grocer. Jan 18 at 12.
109, Victoria st, Westminster DENT, GEORGE, Spennyinoor, Durham, Butcher. Durham. Pet Jan 8. Ord TAYLOR, CHARLES, and WILLIAM TAYLOR, Coventry, Watch Manufacturers. Jan Jan 8
20 at 11. Oft Rec, Coventry DUTTON, JOSEPH, Middle, Salop, Farmer. Shrewsbury. Pet Jan 8. Ord Jan 8 THOMAS, JAMES, Merthyr Tydfil, Tailor. Jan 24 at 11. Off Rec, Merthyr Tydfil GEDDES, CHRISTOPHER, Silkstone, Yorks, Fire Clay Goods Manufacturer. Barns. THYNNE, WILLIAM, Woodstock rd, Shepherd's Bush, Organ Builder. Jan 18 at Jey. Pet Jan 6. Ord Jan 6
2,30. Bankruptcy bldgs, Lincoln's inn fields HOLT, THOMAS, Ashton under Lyne, Cabinet Maker. Ashton under Lyne and TRUSS, ANNIE ELIZA CATHERINE, and EMMA ANNA TRUSS, Sale, Cheshire, ConStalybridge. Pet Jan 7. Ord Jan 7
fectioners. Jan 27 at 3. Off Rec, Ogden's chbrs, Bridge st, Manchester MACKINTOSH, NEAS, Bristol, Draper. Bristol. Pet Jan 7. Ord Jan 7
UNDERWOOD, MARIA LOUISA, Hastings, Agent to the Scientific Dress Cutti 15 MILLS, HENRY, Walsall, Iron Manufacturer. Walsall. Pet Jan 6. Ord Jan 6
Association for Hastings. Jan 19 at 2. 40, Robertson st, Hastings MORGAN, WILLIAM HENRY, Brawdy, Pembrokeshire, Farmer. Pembroke Dock.
VERDIN, ALBERT, Blackfriars rd, Licensed Victualler. Jan 20 at 12. Bankruptcy Pet Dec 23, Ord Jan 7
bldgs. Lincoln's inn fields MORRIS, THOMAS, Walcote, Leicestershire, Farmer. Leicester. Pet Jan 8. Ord
WARD, JOHN, Norwich, Boot Manufacturer. Jan 22 at 12. Off Rec, 8, King st, Jan 8
Norwich MORTON, JOHN, Stockton on Tees, Upholsterer. Stockton on Tees and Middles- WILDE, MARY, otherwise TWIVEY, Snaith, Yorks, Farmer. Jan 22 at 12. of
Rec, York PERREN, JAMES HERBERT, Princeton st, Red Lion sq, Artist. High Court. Pet
WOTTON, SARAH ANN, Brecon, Tobacconist. Jan 24 at 12. Off Rec, Merthyr Dec 13. Ord Jan 7
Tydfil POLLARD, FREDERICK, Leicester, Iron Moulder. Leicester. Pet Jan 8. Ord WRIGHT, GEORGE NAYLOR, York, Coal Dealer. Jan 22 at 1. Off Rec, 17, Blake POWELL, JOHN PASIFULL, New Clee, Lincolnshire, Sailmaker. Great Grimsby. Pet Jan 6. Ord Jan 5
ADJUDICATIONS. RHODES, THOMAS ISAAC EDWARD, Dancer rd, Fulham rd, Journalist. High ATTWOOD, WILLIAM HENRY, Kensworth, Hertfordshire, Farmer. Luton. Pet SKIDMORE, DANIEL, and ELIJAH SWAIN, West Bromwich, Coal Masters. Oldbury. BATES, ELIZA, and CHARLES BATES, Worcester, Bakers. Worcester. Pet Dec 31. SPILSBURY, WILLIAM FRANCIS, Birmingham, Baker. Birmingham. Pet Jan 7. BAXTER, ROBERI, Carlisle, Innkeeper. Carlisle. Pet Dec 10. Ord Jan 6 SWINDON, ELIZA Rozina, Piccadilly, Photographer. High Court. Pet Jan 7.
BOCK, DAVID, Chorlton on Medlock, Manchester. Manchester. Pet Jan 7. Ord Ord Jan 8
Jan 7 TAYLOR, CHARLES, and WILLIAM TAYLOR, Coventry, Watch Manufacturers.
BODKIN, SAMUEL, Maidstone, Licensed Victueller. Maidstone. Pet Dec 3. 0:0 Coventry. Pet Jan 6. Ord Jan 6
Jan 5 TRIPPIT, JOHN, South Shields, Bootmaker. Newcastle on Tyne. Pet Jan 8. Ord
BURN, THOMAS, Morpeth, Northumberland, Grocer. Newcastle on Tyne. Pet Jan 8
Jan 8. Ord Jan 8
Ori Dec 29 WILDE, MARY, otherwise TWIVEY, Carlton, Yorks, Farmer. York. Pet Jan 8.
BROOKES, THOMAS, Wrexham, Brewer. Wrexham, Pet Dec 29 Ord Jan 8
BUTCHER, GEORGE PALLANT, Paternoster sq, Publisher. High Court. Pet Dee WRIGHT, GEORGE NAYLOR, York, Coal Dealer. York. Pet Jan 8. Ord Jan 8
20. Ord Jan 7 The following amended notice is substituted for that published in the
CAIN, CHARLES, Luton, Manufacturer. Luton. Pet Dec 18. Ord Jan 6 London Gazette of Jan 7.
CHALMERS, JOSEPH WILLIAM, Chatham, Kent, House Decorator. Rochester CLEGG, CHARLES, Manchester, Architect. Manchester. Pet Jan 1. Ord Jan 4
Pet Jan 7. Ord Jan 7
CHAPMAN, FREDERICK, Wordsworth rd, South Hornsey, Picture Frame Maker. FIRST MEETINGS.
Edmonton. Pet Dec 22. Ord Jan 6 ANIDJAH, LEWIS, Buckingham Palace rd, Fruit Salesman. Jan 18 at 12. Bank
CLARK, WILLIAM BOULTON, Sheffield, Printer. Sheffield, Pet Dec 9. Ord Jan 6 ruptcy bldgs, Lincoln's inn fields
CRISP, HARRY JAMES, Bedford, Butcher. Bedford. Pet Jan 3. Ord Jan 7 BOBBITT, WILLIAM JAMES, and ROBERT KNIGHTS, Lowestoft, Suffolk, Fishing DENT. GEORGE, Spennyinoor, Durham, Butcher. Durham. Pet Jan 8. Ord BOCK, DAVID, Chorlton on Mediock, Manchester. Jan 24 at 3. Off Rec, Ogden'* 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 BOTTOMLEY, JOHN, Bradford, Winder. Jan 18 at 3. Off Rec, 31, Manor row,
Dec 16. Ord Jan 7
GOLD, HENRY, Windsor, Coach Builder. Windsor Pet Dec 2. Ord Jan 6 BOUSPJELD, WILLIAM HENRY, Lewknor, Tetsworth, Oxford, no occupation. GREGORY, PETER, Birkenhead, Clerk to Birkenbead Guardians. Birkenhead. Pet CALVERT, CHARLES, Clerkenwoli ra, klubis Sexfor. Jan 18 at 11. Bankruptcy KEAY, AZAM, Wednesbury, Stafford, Beerhouse Keeper. Walsall. Pet Dec 23.
Ord Jan 7 CHALMERS, JOSEPH WILLIAM, Chatham, House Decorator. Jan 21 at 11.30. Off
High Court. Pet Jan 5. Rec, High st, Rochester
LONG, ALFRED, Trafalgar st, Walworth, Oilman,
Ord Jan 7
Haviland Dashwood Goldie, of the Inner Temple, barrister-at-law, to Ethel
solicitor, to Emma, only daughter of the late William Blott, or Barton, Bed-
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MEASURES, CHARLES, Northampton, Farmer. Leicester. Pet Dec 4, Ord Jan 6
borough. Pet Jan 6. Ord Jan 6
4. Ord Jan 8
Ord Jan 8
15. Ord Jan 7
5. Ord Jan 5
Ord Jan 6
Ord Jan 7
Ord Jan 7
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CASES REPORTED THIS WEEK.
found that there was little practical difference between the rule in the Solicitors' Journal. Nelson, Ex parte, Re Hockaday
laid down by the Court of Appeal and that laid down by Mr. Owens College, Manchester v.Over. Justice Kar-viz., that, “after a solicitor had accepted any Arbitration Between the Secretary seers of the Poor of Chorltonof State and Fletcher, Re An .... 200 upon-Medlock.
... 200 employment, and had done anything therein for which he could Attorney-General v. Barry Dock Price, Re
201 make a charge supposing the scale did not apply, it was too late and Railway Co....
201 Whitaker, Re, Christian Avery's Patent, Re 202 Whitaker
200 for him to elect to charge according to the system existing before Eankes v. Small
202 Bethell's Estate, Re, Bethell v.
In the Weekly Reporter.
the General Order came into operation." A decision of Hester v. Bethell.. 292 Bell, In re, Lake v. Bell
212 Hester, which we report this week, shews as plainly as possible Clarke v. Thornton
"Bernina,” The ... Dadswell v. Jacobs
Blake v. Lord Mayor of London.... 212
on... 214 that a solicitor may "undertake” the “business” so as to debar Foreman, Ex parte, Re Hann...... 203 Cox, Patterson. & Co. v. Bruce & Co 207 himself from electing under clause 6, although at the time of the Fusee Vesta Co. v. Bryant & May.. 201 Dickson v. Great Northern Railway Francis Buckland (Deceased), Re.. 201
acts which constitute the “undertaking of the business” he Goodfellow v. Prince
Direct Spanish Telegraph Co., In re 209 had no specific instructions or retainer in the matter, but Hester v. Hester .................. 203 Mallet v. Hanley ....
201 Jones v. Harris
previously habitually acted. It is interesting to compare
Rayner (28W. R. 681), where Lord Justice JAMES lays it LONDON, JANUARY 22, 1887.
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 CURRENT TOPICS.
but as an official solicitor.” It appears that, for the TAE CAUSE LIST of Mr. Justice KEKEwIch has become very much purposes of the Remuneration Order only, there is such a thing as reduced, so that at the present time he has not forty actions left to go
an official solicitor.” The facts of the case shew the hardship on with. There is in course of preparation a transfer of one hundred resulting from the construction given to clause 6, and an interest cases to this judge for the purpose of trial or hearing only. Of ing letter, which we print elsewhere, shews the same thing with these cases thirty will be taken from the list of Mr. Justice CHITTI, have barely covered the stationer's charges and parchment, and in
The scale fee in the latter case is stated to forty from that of Mr. Justice North, and thirty from that of Mr. Hester v. Hester it was stated that, while the scale fee was £12, Justice STIRLING.
the cost of the abstract alone amounted to £12 108. The
result of the cases appears to be to render it necessary for a SEVERAL SHORT CAUSES having been brought on before Mr. solicitor, in every case in which there is reason to suppose that the Justice STIRLING on Saturday last in which minutes of the pro-scale fee may be thus grossly inadequate, to take care that notice posed judgment had not been left with the papers for the judge, in writing of election is given to the client before anything is bis lordsbip said that it must be understood that any matter done by the solicitor for which he can make a charge. 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
THE IMPORTANT DECISION in Hall v. Comfort, referred to ante, p. judge's officer one clear day before the cause was to be put in the 41, is now reported (18 Q. B. D. 11). A mortgage contained the
usual attornment clause in a slightly abbreviated form. The depaper.
fendant made default in payment, and the plaintiff commenced an THE ABOVE DIRECTIONS should be read in connection with the ment under order 14. Two questions were raised in the action,
action to recover possession of the premises, and applied for judgnotice issued by the registrars in 1816 relating to setting down first, whether the attornment clause was void under the Bills of and marking
sbort,” which will be found set out at p. 514 of Sale Acts ? second, whether the term created by the attornment had the “Annual Practice” for 1886–7, and as supplementary to expired or been determined under R. S. C., 1883, ord. 3, r. 6 (F.) ? R. S. C., 1883, XXXVI., 30. While on this subject, we may add As to the first question, it was argued that the clause was void under that it does not seem to be always understood that the judges the Act of 1878 (41 & 42 Vict. c. 31), (1) under section 3, as creatof the Court of Appeal require three copies of all the necessary ing a tenancy to which a power of distress was incident, so that papers to be left for their use.
it gave power to seize personal chattels ; (2) under section 6, as
by way of security for any As AN ILLUSTRATION of the mistakes which may arise by acting debt". that it was void under the Act of 1882 (45 & 46 Vict. c. on & so-called copy of a document, Mr. Justice CHITTY, on 43), (1) under section 8, for want of registration; (2) under section Saturday, by way of explaining his reasons for calling for an 9, as not being in the prescribed form; (3) under section 13, as original deed, informed the bar that on one occasion within his giving a power of immediate removal. The court (COLERIDGE, experience a gift was copied in the following words—viz.,.One C.J., °MANISTY, J., and STEPHEN, J.) decided that the mortgage thousand pounds to such son on his attaining twenty-one." In deed was not a bill of sale within the meaning of the Act. “I connection with the context, these words applied to one person, cannot think,” says COLERIDGE, C.J.,
" that because the law but when the original document was examined, it was found that attaches the right of distress to the relation of landlord and tenant the word “such " should have been "each," and that nine persons that necessarily makes a document which creates such a relation a were to bave £1,000 each, instead of one. In the instance referred bill of sale.
I could get no answer to the suggestion that to, the mistake appears to have been discovered in time to prevent if this were within the Acts all leases would be bills of sale." complications, but such mistakes give ample grounds for the exer- MANISTY, J., was of opinion that the language of section 6 of the cise of the utmost caution with regard to "copies" of documents. Act of 1878—"
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 disTHE COURT OF APPEAL, having, in Re Allen (ante, p. 185), got | fress incidental to a demise." "Both COLERIDGE, C.J., and Maristy, its teeth well into clause 6 of the Remuneration Order, is proceed- J., thought that the power to seize mentioned in section 6 means ing to further rend and shake the efficacy out of that provision. a power to seize particular goods, not the power implied by law on It will be remem.ered that in Re Allen Lord Justice Cotton laid a tenancy, which exterds to any goods which may be on it down that the “ business
"undertaken ” by the solicitor the premises during the demise, including goods of a stranger. as soon as the client retained him and he accepted the retainer," MANISTY, J., was also of opinion that, as it was impossible and, as we remarked last week, there are expressions in the judgment to comply with the directions in section 9 as to an inventory of goods which indicate that the retainer must be * to attend to the matter in a demise, the result of holding the attornment clause void would and to undertake the preparation of the leaseh, but we warned be that all demises would be within the Bills of Sale Acts, and our readers that, notwithstanding these expressions, it would be I would be void. The decision of the court on the second point was
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 ON THE FORM OF MORTGAGE BILLS OF SALE. there is no objection to the insertion of an attornment clause in a
IV. mortgage according to the usual practice. It should, however, be remembered that only a fair, not a fictitious, rent can be reserved : Keeping up the value of the property.— In The Consolidated Credit Ex parte Williams (26 W. R. 274, 7 Ch. D. 138), Re Stockton, dc., and Mortgage Corporation (Limited) v. Gosney (34 W. R. 106, 16 Co. (27 W. R. 433, 10 Ch. D. 335), Ex parte Jackson (29 W. R. Q. B. D. 24), a covenant to replacé chattels worn out out so as 253, 14 Ch. D. 725), Ex parte Voisey (31°W. R. 19, 21 Ch. D. 442). to keep up the total value to the present value was held good. As to disclaimer, by the trustee in bankruptcy of the mortgagor, of In Furber v. Cobb (17 Q. B. D. 459), where the covenants were, the tenancy created by the attornment, see Ex parte Isherwood, not to allow deterioration other than by fair wear and tear, and Re Knight (31 W. R. 442, 22 Ch. D. 384). It should, perhaps, to replace articles destroyed or deteriorated, and there was a be observed that, notwithstanding dicta in some of the older cases, power to the grantee to seize on breach of covenant, the bill of the insertion of the attornment clause does not render the sale was declared to be invalid. mortgagee liable to account as mortgagee in possession :
Power of sale.-The decision of the Court of Appeal in Ex Stanley v. Grundy (22 W. R. 315, 22 Ch. D. 478). The amount parte The Official Receiver, Re Morritt (ante, p. 143), on appeal levied by distress for rent under the attornment may be applied from Ex parte Bentley, Re Moritt (34 W. R. 579), is a conclusive in the payment of principal as well as interest, in the absence of authority that every bill of sale confers a power of sale on the any provision to the contrary in the mortgage : Ex parte Harrison, mortgagee, though it leaves it doubtful whether such power is Re Betts (30 W. R. 38, 18 Ch. D. 127), and per Bacon, V.C., in conferred by the general law or by the Bills of Sale Amendment Stanley v. Grundy (ubi sup.).
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 unde
cided the important question whether an express power of sale IN THE COURSE of the hearing of several motions for the appointment may be safely inserted in a bill of sale. The case of Hetherington v. of a receiver in four actions against the same company, the usual Groom (33 W. R. 103, 13 Q. B. D. 789), which decided that a bill of vigorous and lively contest arose before Mr. Justice Carti as to sale containing such a power was good, cannot be considered as a whose nominee should be appointed. The learned judge, after binding authority, as the decision depended on the opinion that the witnessing with exemplary patience the great pitched battle which insertion of an express power was necessary in order to render the was waged before him for a long time, took occasion at length to re- bill of sale effective, an opinion which is inconsistent with the mark very pointedly upon the prevalent practice of describing the decision in Re Morritt. In the absence of decision it appears receiver appointed by the court as our receiver,” meaning the re- safer not to insert an express power, owing to the risk of its being ceiver of the nominor, as if the nominor were entitled to any greater held that the insertion of the power renders the bill not in consideration or benefit from the receiver than any other party to accordance with the form in the schedule. the proceedings. He protested against this practice; the receiver
Bearing in mind the provisions of the 7th section of the act of being the receiver of the court, and not in any sense the servant 1882, it will readily be understood that, even if the insertion of the parties. It is sometimes useful to be reminded of elementary of an express power does not render the bill of sale invalid, propositions, especially when the reminder comes from one who is in a position to disallow the costs of unsuccessful parties whom he inquire whether any default in payment by the grantor had been
a provision protecting a purchaser from being bound to see or may consider to have been obstructive ; and, under similar circum- made renders the bill invalid : Blaiberg v. Parsons (17 Q. B. D. stances, it may be useful to remind practitioners that the phrase 336 ; same case sub. nom. Parsons v. Hargreaves, 34 W. R. 717); receiver is henceforth tabooed in Mr. Justice Chitty’s court. Blaiberg v. Beckett (35 W. R. 34).
Seizure.—The prescribed form contains a declaration that the
chattels “are not to be liable to seizure or to be taken possession of WE REPORT elsewhere an interesting address delivered by Mr. by the grantee for any cause other than those specified in ” the 7th WALDRON, the President of the Cardiff Law Society, which con- section of the Act of 1882—that is to say – tains à suggestion which, so far as we know, is novel, and (1) If the grantor shall make default in payment of the sum or sums of deserves consideration as affording a hint of one direction which money thereby secured at the time therein provided for payment some scheme for relieving the pressure in chambers might possibly or in the performance of any covenant or agreement contained in take. " There is one reform, ,” said Mr. WALDRON, "in the
the bill of sale and necessary for maintaining the security ; (2) if practice of the Chancery Division of the High Court which I
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 should like to see carried out. In my judgment it would greatly grantor shall fraudulently either remove or suffer the said goods lessen the time and expense wasted in the present system of or any of them to be removed from the premises ; (4) if the 'taking accounts' if, after order made,' the papers in the action
grantor shall not, without reasonable excuse, upon demand in were remitted to an experienced local solicitor (unconnected with
writing by the grantee, produce to him his last receipts for rent,
rates, and taxes ; (5) if execution shall have been levied against the parties), who could examine the vouchers, hear the evidence of
the goods of the grantor under any judgment at law. the litigants and their witnesses, and report the result to the court. In this way the repeated adjournments before chief clerks would
To consider these causes in order :be avoided, and accounts which now take months to settle could
(1) A8 to default of payment.—Where the principal and interest be disposed of in a day or two."
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,
thể bill of sale was held invalid : Myers v. Elliott (34 W. R. ON SATURDAY LAST the hearing of a case respecting a ward of 338, 16 Q. B. D. 526). court detained Mr. Justice Chitty in court until the almost unprecedented hour of after five o'clock, being three hours beyond the been decided not to be necessary for maintaining the security
(2) Maintenance of the security.—The following covenants have usual time of rising on the last day of the week. It is hoped that within the meaning of this section ; to deliver to the grantee the no precedent may be drawn from this late sitting.
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, by Messrs. Wodderspoon & Co., of 7, Cerle-street, Lincoln's-inn, termed those destroyed, injured, or deteriorated: Furber v. Cobb (17 Q. We noticed some time ago an ingenious form of letter-book, introduced injured, or deteriorated, fair wear and tear excepted, and to replace
11 Q. B. D. 414); not to permit the chattels to be destroyed, the “Patent Untearable Margin-bound Copying-book," containing leaves B. D. 459). waterproofed at the binding.margin so as to prevent their tearing away cheaper form of the same description of copying-book, produced at rather whereby he shall become a bankrupt” was held to wean the same
(3),“ Įf the grantor shall do or suffer any matter or thing quality.”
Re Munday (33 W. R. 231, 14 Q. B. D. 43); while,
on the other
197 hand, a power of seizure, “if the grantor shall do or suffer anything whereby he shall render himself liable to become a
CONCERNING SEARCHES. bankrupt,” renders the bill of salo invalid : Re Williams, Ex parte (XXI.) WHAT SEARCHES ARE USUALLY MADE. Pearce (32 W. R. 18, 25 Ch. D. 657).
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 (5) Receipt for rent, &c.—A power of seizure, if the grantor infant, and an infant may be a Crown debtor. It is, however, the shall not forthwith," after every payment of rents, rates, and practice, in the absence of special circumstances, not to search taxes, produce the receipt, rendered the bill of sale invalid in Re against any person before the time when he came of age, but it Williams, Ex parte Pearce (ubi suprà).
In Lumley F. Simmons (34 W. R. 759) a provision that, if the may be doubted whether this practice is safe (see post, “ Infánt."). grantee became entitled to seize the chattels, he might enter and suit of a subject are stated ante, p. 105; for Crown, debts and remain upon any premises where they might be, and, if necessary, executions at the suit of the Crown, at 30 SOLICITORS' JOURNAL, break open doors and windows in order to obtain admission, was 783; in the local registries, at 30 SOLICITORS' JOURNAL, 751, 760; supported.
terminable charges, at 30 SOLICITORS' JOURNÅL, 714, 629 ; inTo recapitulate.-(1) A mortgage bill of sale must be substan- solvencies, lis pendens, and annuities, at 30 Solicitors' Jornxar, tially in accordance with the form given in the schedule to the 818; for bankruptcies and creditors' deeds, at 30 SOLICITORS' Act of 1882; if it be not it is avoided in toto (ante, pp. 40, 41); JOURNAL, 795. (2) a mortgage bill of sale in the prescribed form accompanied by an
In addition to these searches inquiry must be made from the instrument containing other terms of the agreement is poid (ante, sheriff whether he has in his hands, or bas lately returned, a writ p: 41); (3) the consideration must state with substantial accuracy, of elegit against the vendor, and inquiries must be made from any either in legal or business accuracy, the true effect of what actually person likely to know whether a receiver or sequestrators have took place ante, p. 56); (4) personal chattels (with certain ex: been appointed over his land : 30 SOLICITORS' JOURNAL, 724, 742. ceptions as to growing crops, fixtures, and trade machinery) must
Vendor seised in fee taking by descent, devise, or by voluntary be described in an inventory contained in a schedule to the bill of conveyance.—The searches will be the same as in the last case, sale “ as a business man would describe them" (ante, p. 57); with the addition of searches against every predecessor in title up (5) with some exceptions, no mortgage can be made of after- to and including the last purchaser for value. acquired chattels (ante, p. 57); (6) the rate of interest, which may
Wife's lands.-If the wife's title accrued, or if she was married, be per month, must be stated; the reservation of a fixed sum as in- after 1882, searches must be made against her, not against her terest where no rate is specified, or of compound interest, avoids husband : see the Married Woman's Property Act, 1882, s. 1 (2). the bill of sale (ante, pp. 180, 181); (7) the time for payment If her title accrued, and she was married to her husmust be stated definitely and with certainty (ante, p. 181); (8), a band, before 1883, searches of all natures must be made bill of sale given by way of indemnity is void (ante, p. 181); (9) against her in her maiden name till the marriage, and afteras to provisions with respect to insurance, rent, rates and taxes, wards against the husband, except for judgments, where necesand as to keeping up the value of the security, which appears mot sary, and annuities, which must be made against the husband and to be capable of reduction to a rule see ante, pp. 181. The wife jointly, and also against the husband alone. It has been cases appear to shew that a provision causing the money secured argued that if the property develves on the wife after the marriage by the bill of sale to become due on breach by the mortgagor of it is not necessary to search for judgments in her maiden name, on his covenants as to either of these matters aroids a bill of sale. the ground that the husband's marital right would be preferred to (10) Every bill of sale confers a power of sale on the mortgagee that of the wife's judgment creditor. This is probably correct; (ante, p. 137, and suprà). It is doubtful whether the insertion of but it must be remembered that a judgment made against the wife an express power is admissible. (11) The decisions on the cases before marriage may be enforced against her after the husband's arising under the 7th section of the Act of 1882—i.e., as to seizure death. by the grantee—are discussed suprà.
Infant.-A judgment may be made against an infant by which In conclusion, we cannot help cailing attention to the frightful the inheritance will be bound : per James, L.J., Re Howarth expense occasioned to the public—and, we may add, the scandal (8 Ch. App., at p. 418), and execution can he sued out on such occasioned to the administration of justice-owing to the Bills of judgment : Re South (9. Ch. 369). The searches, therefore, Sale Acts having been drawn in language which is unintelligible to for judgments and executions, and also for Crown debts and exean ordinary lawyer. Some of our readers who flatter themselves cutions against an infant, will be the same as against an adult. that they understand the Acts may consider our language too An infant may be either plaintiff or defendant in an action relating strong; this is not the case. We constantly find that an able to real estate, therefore searches for lis pendens must be made judge, assisted by the arguments of able counsel, arrives with against him. An infant could be made bankrupt on his own inuch difficulty at a decision as to the meaning of the Act, and petition under the Bankruptcy Act, 1861 (Re Smedley, 10 L. T. N. 8. that it is an even chance whether his decision may not be reversed | 432; Ex parte Hands, 15 W. R. 1089), and possibly he can preby the Court of Appeal after, perhaps, more than one argument. sent a bankruptcy petition under the existing law; but in
Considering that a bill of sale is the security generally used by ordinary cases no searches for such petitions can be required. very poor people who cannot afford to pay for expensive legal advice, No searches for annuities need be made against an infant. Owing it appears to us that one of the most pressing legal reforms is the to the possibility of a judgment having been entered up against passing of an amending Bills of Sale Act. No pains and expense him searches must be made in the Middlesex and old Yorkshire should be spared in rendering it intelligible to an ordinary lawyer. Registries : and owing to the possibility of an order of court This is, perhaps, a Utopian wish; but at all events it must be affecting the land having been made, searches must be made in the within the power, and therefore it is the duty, of Parliament to present Yorkshire Registry. Searches for charges under the pass an Act which a judge, aided by the arguments of counsel, Sewers Amendment Act (3 & 4 Will. 4, c. 22) and the Land can interpret with reasonable certainty.
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 The judical business of the House of Lords will be resumed on Monday, Drainage Acts, the Private Money Drainage Act, 1849, and the the 31st inst. The present list contains the names of 26 cases, of which Improvement of Land Act, 1864, is (with some exceptions not im21 are English, one is Irish, and four are Scotch appeals.
portant for the present purpose) the person "in actual possession or In the course of his address in the Mobbs Estate trial, Sir Charles receipt of the rents and profits”; not the person entitled to the charge of fraud an indictment of this kind should be anungant his head, possession or the receipt of the rents and profits. the length of the indictment in this case being 900 folios, containing 38
The question, therefore, arises, Can an infant be in actual possession or receipt of the rents and profits? It is apprehended that