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BARIARD. CRARLI-:s WILLIAM, Cheltcnhani, Grocer. March 5 at 3.30. County C1-urt. Cheltenlinm

BARNABD, WILLIAM J0lIN,Nl1l1h08d grove, Surrey. Traveller. March 4 at 2.30. 33, Carey st. Lincoln’s inn _ _

BEET. FREDERICK WILLIAM. Nottingham, Tailor. March 7 at 3. Off Rec, 1, High pavement. N ottingliam

BLACOW. CUTRRERT. Cheetham, Manchester, Ironmonger. March 4 at 11.30. Off Rec, 0gden's chbrs, Bridge st, Manchester

BRAY, 'W'II%.LIAM HENRY, Truro. Carpenter. March 4 at 11.30. Off Rec, Boscawen s , 'uro

BRQWN, ROBER'r, Wigton. Cumberland, Machinist. March 8 at 12.30. Off Rec, 3-1. Fisher st. Carlisle

BURLEY. VVILLIAM -(sep estate), King’s Norton. \V0rcestershire, Lamp Manufacturer. March 9 at 11. Off Rec. Birmingham

BUTLER, CIIARLEs, Cambridge rd, Mile end, Club Proprietor. March 4 at 12. 33, Carey st, Lincoln's ixm

BYROM. TIIIOMA1Sg. Leeds, Beerhouse Keeper. March 4 at 11. O11‘ Rec, 22, Park row. ee

CoRLEss, J oIIN. Cheetham. Manchester, Fruit Salesman. March -1 at 12.35). Off Rec, Ogden’s chbrs. Bridge st Manchester

Donn, W1Lso.\' BLAXTON. Carlisle, Builders’ Surveyor. March 8 at 2. Off Rec, 3-1. Fisher st, Carlisle

DONEIN, SAMUEL, jun. Bywell, nr Felton, Northumberland, Farmer. March S at 2 30. Off Rec, Pink lane. Newcastle on Tyne

DRURY, APPLEIIY, Scarborough, Grocer. March 4 at 12. Off Rec, '74, Newborough st, Searborou h

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EvANs,JoRN, Haminiog, Cardiganshire, Shoemaker. March -1 at 2.15. Town hall, Aberystwith

FARMER, GEORGE, Worcester, Baker. March 8 at 11. Off Rec, Worcester

FINEBERG. Jossrn HYMAN and Lotns FBEEDMAN, Gt Eastern st, Shoreditch, Furniture Dealers. March 4 at 12. Bankruptcy bldgs, Lincoln's inn

GILL, THOMAS JAMES. Hucknall Torkard. Nottingham, Grocer. March 4 at 11. Oii Rec, 1, H1%l pavement. Nottingham

HASKELL, WALTER, cw st, Hampton, Grocer. March 9 at 11. Room 16, 30 and 31, St Swithiu‘s lane

HOWES. WALTER. and WILLIAM BURLEY, Birmingham, Lamp Manufacturers. March 9 at 11. Off Rec, Birmingham

HOWES. YVALTER (sep estate), King's Norton, Worcester, Lamp Manufact

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ATIIERTON, JAMES, Orrell, Lanes, Auctioneer. Wigau. Pet Feb 21. Ord Feb22 BECKETT, GEORGE SLATER, Liverpool, Builder’s Merchant. Liverpool. Pet Feb

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BOWERRANK. MARY, Wavertree, nr Liverpool, out of employment. Liverpool. Pet Feb 7. ()rd Feb 22

BRoAn. G1-zones Wmsroxs, Bristol, Beer Retailer. Bristol. Pet Feb 16. Ord F b 23

BRQWN? CIIARLRs, Fenton. out of business. Stoke upon Trent and Longton. Pet Feb 22. Ord Feb23

BRowN. WILLIAM, Nottingham, Fruiterer. Nottingham. Pet Nov 23. Ord Feb 15

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LEGGETT, FREDERICK, Gt Yarmouth, Fish Merchant. Gt Yarmoutli. Pet Feb 26. Ord Feb 26

LOVICK, HARRY EDWARD, Leeds, Joiner. Leeds. Pet Feb 24. Ord Feb 21
MARKS, FREDERICK M0sEs, Moorgate st, Lithographic Artist. High Court. Pet
J8n12. Crd Feb 21

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Feb 15. Ord Feb 25

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A“ jUNTEARABLE LETTER ur Pure nluhe flcnuo 9 ins uai 0.. iii M COPYING BOOKS.

W '8 ' il esk sat, Luncheon, or Bupyier, and invaluable for Il1VBli(lS and Children." Highly commended by the entire Medical Press. Being without sugar, spice or other udmixture, it suits all palates keeps for years in all climates, and is four tiines the strrngih of cocoiis rniclilnrn yet wiuiiiiiun with smrch, &c., and in nnrirr ciiiurn than such Mixtures.

Made instantaneoisly witn . ding water, a teiispoonful
to a Breakfas Cup, costing less than ii halfpenny.
Coconnu a Ls VAIILLI is the most delicate, digestible,
cheapest Manilla Chocolate, and may be taken when
richer chocolate is prohibited,

In tins at ls. 0d., $s., 5s. 8d., &c., by Chemists and
Grocers.

Churities on Special Terms by the Solo Proprietor.
!I- Bcnwlmn A "n.. 10, Adam-st., Strand. London, w.u

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ness.
Chin‘ Ofl'lce—
216, CHANGER‘! LANE. LONDON. W.C.
The Funds in liniid iind Uanital Subscribed amount to
_ £l.900.000 storliiig.
chEl1l'IlJ8fl—JAMES Connor, Esq. oi’ the Middle
Temple, Biirristcnrit-Law. '
Deputy-Chnlrmnii-Ciiiiimzs l’EMl.il§IiTON’, Esq. Slice

it Pembi-rtriiis), Solicitor, 4i, Lincoln's-iiin-deli s.

The Directors invite attention to the New For-iii of
Life ]?Qi1(J)', which is free from all conditions.

Policies of Insurance gruiitcd npninst the contin-
gency of Issue nt mnilerntv rates oi Premium.

The Company Al)/'ANCEs Money on Mortgage oi Lifc_Intci-ests and Reversions, whether absolute or contingent.

The Company also purchases Reversions.

Prospectuses, cngics of the Directors’ Report and Annua Balance S cot, and every information, sent post-free on application to

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(HOWARUS PATENT.) 1 1,000 Leaf Book 5s. ea.

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C5555 REPORTED TH15 wEEK_ ‘ a married woman has the fie simple, but is restrained from antici

ln lire Solicitors’ Journal.

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Reg. v. Mayor of Liverpool ...... . . ais Sliawv.Gervan.............. .. 818

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In the Weekly Reporter.

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er orno .. . :-142 Woodward v. Goulstone ........ .. 381

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d {Tun iimnsiuv SYSTEM by which each judge in the Court of Appeal

e"91'8 an independent judgment, even when all are agreed, has ifiveral disadvantages. One of them was made apparent during

_e hearing of Ra Arbenz, a trade-mark case relating to tho “ Gem ” 811'-gun. The three judgments of the Court of Appeal in tho “:6 0_i the “Me-lrose" hair-restorer and “Electric” velveteen gent‘; an Duzer and Rs Leaf (Y Sons, 35 W. R. 294) were much Em dfgli and 11 good deal of discussion took place as to the posho“? i erences of view expressed by their lordships. It appeared, Conever, that the two Lords Justices who followed Lord Justice difiisvjtlntended to_ say the same thing as he had said, and that the “imi; of repeating the same thing in different words had led to two _u‘51°l1"1 discrepancies. It was obvious that, if each of the jud ln gteflfhad merely said “ I concur," their judgments, and the “mi en _o the court, would have been far more forcible and three ].udg‘m::5tm_l5ll1gll)lB- Another misfortune of the multiplicity of com tgl 9 lidue to the singular etiquette of the bench, which has the same as 8 it necessary, when a judgment is to be reversed, for ,he jud "18 to be said three times over, “out of respect" for Bklumzgc whose judgment is treated with none. It was Lord po]itene;L,bwhen a Lord Justice, who introduced this form of “hm he}; dut then he was a judge strong enough to be silent concunin ll nothing to say. It was his rule to add nothing when

8, it is not the rule of more recent times.

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th P , 0POW€l's given by the Act. Now comes the anomaly. It

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pation, she does not come within the Settled Land Act, and cannot grant a valid lease (see Re Currey, 35 W. R. 326) by reason of the restraint on anticipation. The result is, that the lesser intercst—namely, the tenancy for life——carries with it larger powers than absolute ownership in cases of married women restrained from anticipation. It is said that a Bill will be introduced into Parliament in the course of the present session to remove this anomaly. It is clearly a case for legislative interference.

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Ir is nor si'i:riiisi.\'o that the good sense of the Bar Commitee should have shelved the strange proposal “that a committee be appointed to inquire and report whether there is any binding rule or custom which prevents a member of the bar from seeing or doing business with clients personally without the intervention of a solicitor; and also whether there are any, and what, exceptions to such a rule.” Supposing a committee to be appointed, and to report, with a great flourish of historical research, that in the time of Queen Aivinz there was no intervention of the solicitor, but that “ Widow BLiicic.ican” instructed her counsel personally—what then? If, as is commonly admitted, Queen Aivxi-: is dead, it is not less true that the practice in her time is also dead. Supposing it were further reported that there is no statute law requiring counsel to be instructed by a solicitor except a County Court Act —what then? It is not statute law, but etiquette or custom which governs the action of the bar in these matters ; etiquette or custom means no more than the practice of the time, and at no time has the practice of the intervention of the solicitor been so firmly established as during the last half-century. If it were desirable to stir up the matter at all, the inquiry should be, not whether there is any custom preventing a member of the bar from seeing or doing business with clients personally, but whether it is expedivnt that the well-established custom to the contrary should be abolished. Upon that question we do not suppose that a dozen men in fair practice at the bar could be found to support the affirmative.

Oivs or THE nosr U8EI'UL provisions of the Railway and Canal Traliic Bill is that which it is proposed to substitute for the present section 13 of the Regulation of Railways Act, 1873. By that section any municipal corporation, local or harbour board may complain to the Railway Commissioners of a contravention of the Traffic Acts without proof that the complainants are aggrieved by the contravention, but a proviso (unwiscly inserted in the House of Lords) greatly weakened the power of the local authorities by requiring, as a condition precedent, that their complaint be accompanied by a certificate of the Board of Trade “ to the effect that, in their opinion, the case is a proper one to be submitted.” The Bill enlarges the number of local bodies who are to have a locus slandi by the addition of justices in quarter sessions, county representative bodies, and “any such association of traders, or freighters, or chamber of commerce or agriculture as may obtain a ccrtificate from the Board of Trade that it is, in the opinion of the Board of Trade, a proper body to make such complaint.” Municipal corporutions, therefore, and other bodies of whose representative character thcre can be no doubt, are, under the new provision, to be left entirely to judge for themselves whether they will apply to the commissioners or not, while chambers of commerce and similar bodies are to be controlled by the Board of Trade, not as regards the goodness of their case, but o_nly_as regards their representative character—-a very material distinction.

Ar LEAST two of the judges of the Court of Appeal disagree with the policy which dictated the provisions of the rule of December, i885, now numbered as R. S. C., 1883, LV_., 74._ On the occasion of the hearing of an appeal on the 4th inst., 111.811 action of Re Pic/rel, Claus v. Pzckel, commenced by originating summons, the judge in chambers pronounced on the construction of a will, and the order, which was drawn up in _cha_inbers in accordance with the above-mentioned rule, was defective in seveiipl respects, and especially in that it failed to_follow the words of t e instrument under construction. Lords Justices Corros andzlgxntnr

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3 THE _SOLlCITORS' JOURNAL. Mar. 12, 1887.

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expressed their disapprobation of the rule which allowed such orders to be drawn up by the chief clerks instead of by the registrars. Ord. 55, r. 74, was undoubtedly framed upon the resolution (No. 27) of the committee appointed by Lord SELBOKNE, “that many of the orders made in chambers, other than money orders, should be drawn by the chief clerks, unless the judge otherwise directs.” It does not appear that any of the chancery judges have given any special directions to their chief clerks on the subject, though it is the fact that many orders arc now drawn in chambers which used to be drawn by the registrars. N o one was ever able to understand the object of that part of the rule which carries out the above-quoted words of the resolution. It surely could not have been intended to expedite business by adding to the work of the chief clerks and taking away some work from the registrars. If the evidence taken by the committee is examined, it will be found that the principal witness on this point —Mr. Hi\WKINS, chief clerk to Mr. Justice CnIi'rr—says, in effect (625-8), that the orders could be drawn at chambers, but to have them so drawn would largely increase his labour ; that, even supposing there were a suflicient staff for the purpose, it would be very unadvisable, as the registrars are a body of men “trained up from their youth in orders”; that when errors are made in chambers they are discovered by the care of the registrars, and that no time would be saved by the proposed change. In the case before the Court oi Appeal the error which was made in chambers would in all probability have been detected under the scrutiny of the registrars, and from the words let fall by the judges it may be expected that this source of error will be put a stop to, or greatly modified, at an early date

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W1: in-zconu elsewhere the lamented death of Mr. \VILI.I.\)i Susan and the leadingfacts of his career; but, apart from his many claims to grateful remembrance on the ground of public services and works of benevolence, there is a special reason for a tribute to his memory in these columns. He was one of the most active movers in the project which resulted, more than thirty years ago, in the establishment of the Sonciroris’ JoUaN.\L; and he acted for _many years as secretary of the company, composed of London and provincial solicitors, which was formed for that purpose. It was, we believe, Mr. Snaiur who laid down in the first article of the first number the lines on which the journal was to deal with the interests it was established to promote. “It will be the duty of this journal to secure for the solicitor, so far as its power shall extend, the recognition of his fair rights and proper social character and position. But there is nothing of an aggressive nature in the functions which we thus assume, _ . . That which is for the general good is best for individuals and

u

classes, and the interest of the client is tho same thing as the,

interest of the lawyer of every grade. By this principle we propose to try all questions, and we believe that, if fairly ap. plied, it will suffice for their solution. And if in time we ca

convince the public that this is the rule which guides our efforts, we shall be sure of obtaining for the body we under take to_ represent a fair and impartial investigation of whatever claims it may have to urge. It must always be remembered that the duty of this journal is not only to convince solicitors that their claims are just, but to convince the world at large, and this we can only hope to do by establishing a reputation for full and free inquiry, for fair and unbiassed judgment, and frank uncompromising declaration of the conclusions at which we hav arrived."_ Since those lines were written, thirty years ago, th advance 111 the recognition of the rights of solicitors and in thei social position has probably been far greater than their write ventured to anticipate. It is not for us to say how far during that period this journal has aided in the accomplishment of this result; the important matter has been that the action of the successive Councils of the Incorporated Law Society ha been, on the whole, honourably distinguished by a ste d d

, .

herence to Mr. Susan s conception of the true interestsa of she profession.

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, __ .m. en position of creditors who have assented to a private arrangement with an insolvent debtor who has subsequently become bankrupt——

“ In the case submitted to the Solicitor-General, many of this creditors had executed an ordinary dead of arrangement, and within three months of the execution of the deed a receiving order had been made against the debtor. The Solicitor-General advises that none of those creditors who executed the deed can prove against the estate or participate in its assets. They have, he holds, released the debtor by an instrument under seal, and it bankruptcy intervenes within three months of the release they cannot rank as creditors of the estate. We understand that Sir Ei>w.um Canaan goes so far as (0 hold that they cannot even prove for the amount of the composition stipulated for lu the deed of arrangement." it has been subsequently stated that the opinion is signed by Sir Enwano CLARKE and Mr. M. Hutu Mackenzie; that it oovers “ all arrangements on which the creditors give a release under seal," and that the ground of the opinion is that, “ as a release under seal requires no consideration to support it, the only effect of a subsequent bankruptcy is that any property which the deed purports to convey to the creditors becomes the property of the trustee in bankruptcy. For every other purpose the deed is valid against the creditors, who are thus abso utely bound by their release.” It would seem from the first of these statements that the deed to which the opinion related was an ordinary composition deed, and it would be interesting to learn in detail how the learned counsel dispose of the ordinary notion that the express mention in such a deed of two considerations--viz., the agreement of all the creditors to execute it; and the covenant to pay the stipulated composition—makes the failure of either of these ocusiderations fatal to the deed, and restores the creditors’ previous rights. In most composition deeds a proviso is inserted for the revival of the debts of the creditors on failure to meet any of the instalments of the composition, and as regards future deeds of arrangement, the opinion, even if correct, need not occasion uneasiness. Nothing more appears to be necessary than the insertion of a proviso that, in case bankruptcy should supervene or any other event occur to deprive the creditors of the benefit of the assignment or composition (as the case may be), the release contained in the deed should be void. Many of our readers will have observed that, in the drafts of deeds of arrangement prepared by experienced practitioners since the Act of 1883, a clause is inserted, expressly providing that, in the events above mentioned, “the release or discharge aforesaid shall not prevent the creditors from claiming , under such bankruptcy proceedings.”

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INCUMBRANCES UNDER THE YORKSHIRE REGIS-
TRIES ACTS, 1884, 1885.

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Usnsa the Yorkshire Registries Act, 1884, which came into operation on the lat of January, l885, “ assurance " is defined (section 3) so as to include (inter alin) any " conveyance, judgment, decree, writ of execution or sequestration, adjudication in bankruptcy, or other order or process of, or issuing from, a court of competent jurisdiction. . . ."

Power is given (section 4) to register “all assurances executed or made ” after 1884 ; and by section 14, “all assurances entitled to be registered under this Act shall have priority according to the date of registration thereof, and not according to the date of E{\1_9l1 assurances or of the execution thereof. . . . All priofltlfis given by this Act shall have full effect in all courts, except 111 cases of actual fraud, and all persons claiming thereunder an?’ legal or equitable interests shall be entitled to corresponding priorities, and no such person shall lose any priority meT9l§'_m consequence of his having been affected with actual or constructive notice except in cases of actual fraud, . . . and any d15P°~‘1' tion of land or charge on land which, if unregistered, would be fraudulent and void shall, notwithstanding registration, be fral1dl1' lent and void in like manner." _

This Act has introduced a novel Principle into our law. Hlthmo every person has been bound to take notice of every Order °f a superior court, but it appears that, if the land affected W the Order is situated in Yorkshire, a person making title to the lallfl W3 °°“°Y11I10e executed after the order was made, but l‘@81°t°'e before the order is registered, has priority over the p61'@°n who A claims by virtue of the order. In other words, the P“'°h"‘5°ns

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