Page images
PDF
[graphic]
[graphic]
[graphic]

CIIEREY, FRANcIs WILLIAM, Copthall bldgs, Stockbroker. High Court. Pet
April 2. Ord May 3
CIIIFFEBS. Jon, Glastonbury, Somerset, Grocer. Wells. Pet May 3. Ord May 3

COLLINS. THOMAS. Aberystwith, Cardigan, Ironmonger. Aberystwith. Pet
May 2 Ord Ma 2

. Y _ CosEDcE. HIRAM. Old Serjeants’ inn, Chancery lane, Sehcitor. High Court. Pet March 1 Ord A ril 5

CowAN. DANIEL, Disr-iliigton, Cumberland, Station Master. Whitehaven. Pet
May 3. Ord May 3

[ocr errors]
[ocr errors]
[ocr errors]

ELLIS EDWARD BiEwE'r'r, Newquay, Cornwall, Boot Manufacturer. Truro.
Pet Mag 2. Ord Mag 2
ENTHOVEN . 0-, New ond st, Dealer in W01-ks of Art. High Court. Pet
Marcli 2. Ord May 4
EvAN%,! HARRY KING, Whitehall place, Clerk. High Court. Pet May 4. Ord
8 4
Fosrnfi {BAAC HALSTEAD, Bradford, Mattress Manufacturer. Bradford. Pet
ay 4. Ord May 4
FRIEDLANIJEB. EDWARD J UI.rus Wool Exchange, Coleman st, Merchant. High
Court. Pet April 16. Ord May 4 -
FROST WALTER EAAO, Mawriird, Stoke Newingtcn, Boot Salesman. High
Court. Pet ay 3. Ord ay 3
Gonwil, Jiorm, Watton, Brecon, Baker. Merthyr Tydfll. Pct May 4. Ord
BY
HAR'rLAi~iD. WILLIAM, Awre, Gloucestershire, Farmer. Gloucester. Pct May 4.

Ord May -1

HERD. WILLIAM. Brick lane, Bethual Green, Draper. High Court. Pet April 19. Ord May 4

HILL, JOHN, Leeds, Leather Dealer. Leeds. Pet May 2. Ord May 2

HULLY, RICHARD, Lancaster, Ale Merchant. Preston. Pet May 3. Ord May 3

HUNT, JOHN, Aldham, Essex, Builder. Colchester. Pet May 2. Ord May 2

JACQUES, £LFBED WILISON, Mowsley, Leicestershire, Hay Dealer. Leicester.
Pet a 2. Ord Ma 2

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

WILLIAMSON, JAMES, York, Glass Dealer. York. Pet May 3. Ord May 3
WILSON. SARAH ANN, and CHARLES EDWARD Fosnno W

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

4

[ocr errors][merged small][merged small][merged small]
[ocr errors]

HUNT, J OHN, Aldham, Essex, Builder. Colchester. Pet May 2. Ord May 2

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

The following Amended Notice is substituted for that published in the

London Gazette of A ril I9. COLLINS, VICTOR EMILIAN MICHAEL, Coatham, Yyorks, out of business. St0°kl'°“ on Tees and Middlesborough. Pet April 14. Ord April 14

[ocr errors]

BENT, J OIIN ALFRED, Leicester, Joiner. Leicester. Pet May 4. Ord M81’ 4

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[graphic]
[ocr errors]
[merged small][ocr errors][ocr errors][ocr errors][merged small][graphic][graphic][graphic][graphic][graphic][graphic][graphic][graphic][graphic][graphic][graphic][graphic][graphic][graphic][graphic][ocr errors][merged small][ocr errors][ocr errors][merged small][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][subsumed][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][graphic][ocr errors][graphic][subsumed]
[merged small][graphic][ocr errors][ocr errors][merged small][graphic][merged small][merged small][ocr errors][ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

Ssrrni1...isns.—May 9, at Sundown, Isle of Wight, Walter Samuel Toilet Sunli-
lnnds, late oi Ferichureh-avenue, solicitor.

[graphic]
[graphic]
[ocr errors]
[graphic]
[graphic]
[ocr errors]
[ocr errors]
[graphic]
[ocr errors]

Anti-Dgspeptic Cocoa or Chocolate Powder. Guaranteed Soluble Cocoa of the Finest Quality, with the excess oi tat extracted.

The Faculty pronounce it “the most nutritious, perfectly digestiblo b6VSl‘Ife for Breakfast, Luncheon, or Supper, and invaluable or Invulids and Children.”

Highly commended by the entire Medical Press.

Being without sugar, spice, or other admixture, it suits all palates, keeps for years in all climates, and is four iirnes the strength of cocoa-s -riiicnrsn yet wiiiirsinrn with starch, 0.0., and in IBALITY orrsirrn than such Mixtures.

Made instantaneously with boiling water, a te spoonful
to a Breakfast Cup, costing less than a halfgenny.
Cocosnss A LA Viirrnts is the most delicate, lgestible,
cheapest Manilln Chocolate, and may be taken when
richer chocolate is prohibited.

In tins st ls. 6d., 8a., 5s. 6d., &c., by Chemists and
Grocers.

Charities on Special Terms by the Sole Proprietor,

[ocr errors]
[graphic]

THE JUSTICES of ihe Cl'l‘Y of NEWCASTLEUPON-TYNE are prziparsd to receive &p%1i(ifl.tl0D5 tor the oflice of C ERK to the JUSTIC 3. Salary £700 per annum. clear of all expenses. The Gentleman appointed must be a Solicitor, and will be required to devote the whole of his time to the duties ot the oflice, but will be permitted to prepare certain notices for apglicnnts ior licences. and to receive fixed charges t eroior. He will be required to give security to t e amount oi £1,000 tor the dniexeflcrmanoe of his duty. The Gentleman avom will probablg also be appointed Clerk to the islting Jiistiws 01 Y. e Prison, to whom the Government pay _a salary oi £12 12s. per annum.

Applications in writing, stating efie, accompanied by testimonials, and addressed to “ e Chairman oi the Magistrates,’ are to be made on or hetero ist June next, indorsed “Application for Clerk to the

Justices."

B. C. BBOWNE, Mayor.

[ocr errors]
[graphic]
[ocr errors]
[ocr errors]
[graphic]

EDUCATlON.—To Solicitors and other

Proiessional Men and Gentlemen oi Limited Income.—A tew boys, sons oi the above. are mmmed into swell-known School o_i high tone on greatly reduced fees.-For lull liurtioulars address, in strict coniidence. "MU"_cai-e oi Messrs. Belle Bros 6 um-terhouse-buildings. Aldersgate, City, E_q_ " ’

[subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed]
[graphic]
[ocr errors][graphic][ocr errors][subsumed]
[graphic]
[ocr errors]
[graphic]
[graphic]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[graphic]
[graphic]
[ocr errors]
[graphic]
[ocr errors]

Barnetts. Hnares. & Co. v. The
South London Tramway Co. .. . . 477
Birmingham and District Land Co.
v. London and North-Western
Hallway C0. 418
Biickiiall s Gold Estate (Liin.l. Re. 478
Duko of Northumberland v. Bow-
man Ford v. The Iuoorpora
Society ..... .. ..... .. -180
Gapp v. Bond . . . . . . . . . . . . . . . . . . . .. 477
H. . Ricliardsnn (deceased). Re.
Fliulilliam v. The Royal National

[graphic]
[graphic]
[ocr errors]
[ocr errors]
[ocr errors]
[graphic]
[ocr errors]
[graphic]
[ocr errors]
[graphic]
[graphic]

I

[graphic]

The Solicitors’ Journal and‘ Reporter.
LONDON, MAY 2i, i887.

[graphic]
[graphic][merged small][merged small][graphic]

Srsrsiisivrs HAVE APPEARED in the daily papers to the effect that on the Queen's birthday, Tuesday next, the courts will not sit and that the oflices will be closed. The rule relating to the subject (R. S. C., 1333» 0fl1- {$3, r. 22, which says that it shall not be necessary for the oo11rt_s to sit on the day appointed to be kept as the Q,ueen’s birth‘hi’, 18 only permissive, and, Tuesday next being so near the cnd of the sittings, it is not improbable that several of the courts will sit on that day; and we are informed that Mr. Justice KAY has already announced his intention to do so. No order for the closing of the offices had been issued up to Thursday.

A

Tiii: Loiiii CIIANCELLOR on Tuesday postponed the discussion in oommittee of the Land Transfer Bill until after Whitsuntide. He ‘Md the?’ “ without departing from the main lines of the Bill. he was desirous, as far as he could, to meet the suggestions which had been thrown out by his noble and learned predecessors, and this he had endeavoured to do, by a number of clauses, which were, of course, of a technical nature, and could not be suddenly put before the House so as that their lordships should be able to understand them at once.” This was certainly reasonable, inasmuch as the amendments proposed by the Lord Chancellor cover nearly twenty‘me Pages of the same size as the Bill, which itself (excluding the Schedules) occupies less than twenty-four pages. Many of the amendments need the most careful examination to ascertain their .ex“°t effect, and we cannot pretend this week to discuss them ii; detail. _We may remark, how ever, that Mr. GiisooiiY’s letter t the _T¢mea has borne fruit in a new clause relating d° succession duty, the effect of the provision being that the

"W is to be an incumbrance on laud like any other charge, and Elli): be registered as such ; that the Land Transfer Board, on

aving brought to their notice the death of any registered P'°P"°_t°P. are to enter on the register a caution as to liability to Z‘;°°eifi1on duty and inform the Commissioners of Inland Revenue M18110 entry; the caution is to expire at the end of six months tw "B renewed by the commissioners, but after the expiration of to 0 years from the'entry the commissioners are not to be entitled th renew such caution unless they satisfy the board, or, on appeal, dui Cami?» l7l1flli_“the failure to satisfy the payment of succession HWY "9 liotarisen from any want of diligence on the part of

h. °°1.nm_1B81oners.” We observe, also, amendments to clause 5 W ich indicate that the relations of the Bill to the Settled Land

[ocr errors][ocr errors]
[ocr errors]

Tun Couiir or APPEAL have affirmed Mr. Justice Noiirn’s decision in Hobson v. Howe: (ante, p." 254), that the power of sale conferred by the Conveyancing Act, 1881, only enables a mortgagee to convey the interest vested in him, and, therefore, that an equitable mortgagee by deed of freehold land, selling the mortgaged property under the implied statutory power, cannot convey the legal estate to the purchaser. The general opinion of conveyancers has, we believe, been in accordance with the doctrine now established, but it was understood that the contrary view was taken by an eminent member of the profession; and, no doubt, apart from a consideration of the provision on the same subject in Lord Ciiari\voiirii’s Act, there is much to be said for this view. The decision of the Court of Appeal was partly based on the ground to which we drew attention at the time of Mr. Justice Non1‘i1’s decision —viz., the variation of the language of section 21 of the Conveyancing Act, 188l, from that of section 15 of Lord Cii.\:nvoiii'n’s Act. The latter section enables the mortgagee to convey “the property sold for all the estate and interest therein which the person who created the charge had power to dispose of,” while section 2l of the Conveyancing Act, 1881, only enables the mortgagee to convey “the property sold for such estate and interest therein as is the subject of the mortgage.” It seems to be s. reasonable presumption that, when words in a previous Act dealing with the same subject-matter are altered in a subsequent Act, they are intended to bear different meanings.

[ocr errors]

Tiis .i.\'Nu.ii. IlI.ECTION.~‘ of persons to serve on the Metropolitan vestries are now taking place, or about to take place, in accordance with the Metropolis Management Act, 1855. We believe that as yet no woman has been elected to serve upon a metropolitan vestry, and we understand that the question whether or not a woman is eligible is considered by great authorities to be doubtful. On looking at the Act, however, we incline to think that women are eligible. By section 2 “ the vestry in every parish ” within the Act “shall consist of a certain number of persons qualified and elected as herein provided,” and by section 6 the vestry elected under the Act “ shall consist of persons riiteil or assessed to the relief of the poor upon a rental of not less than £40 per annnm." No doubt the Act constantly speaks of “vestrymen,” and uses the terms “he” and “him” when referring to the members of the vestry. But, as the Act was passed after Lord Baoi;on.\ii’s Act (13 Vict. c. 21), by which “ in all Acts words importing the masculine gender shall be deemed and taken to include females, unless the contrary as to gender is expressly provided,” these descriptions would not apparently deprive women of the rights unmistakably conferred upon them in the first instance by the word “persons.” It is, moreover, material to observe that, in Hoanousa’s Act for the election of select vestries, l & 2 Will. 4, c. 60 (repealed and superseded in the Metropolis by the Act_of 1855), “resident householders ” possessing a certain rating qualification may sit on a select vestry, and although in that Act also the term “ vestrymen ” is used, it is also expressly provided that _“ the meaning of the several words in this Act shall n_o; be restricted, although the same may be subsequently referred to in the masculine gender.”

CAREFUL READERS of the law reports which appear in the daily issue of the Times must have observed, among many other wonderful things, the development of a novel description of headuote. The various stages through which this production has passed before reaching its present perfection afford much interest. A few months ago the practice was to commence the report by a general observation on the case—“This was a curious case ’; “This was an amusing case,” &c. This style of headnote, _ however, has the disadvantage of becoming, in course of time, slightly monotonous, and when an enterprizing reporter, by ivny_of varying the formula, headeda certain memorable report ‘f T/I18 1018 ll ao11zew/iat_g/m;atI;/ vase," the practice seemed to receive 11 checkIt still survives, however, for quite recently we observed 0"!‘ °ld acquaintance “This was a singular case” heading a report of

[ocr errors]
[graphic]

Andrews v. Road. But, for the most part, the headnote has recently taken a new form, descriptive of the persons to whom the case is likely to be of interest. From some recent issues of the Times we have culled the following specimens of the latest development :-—

“ Winter v. Baker.-—-This was a case of considerable interest to the great number of people who, without being of a particularly nervous or sensitive temperament, are irritated and annoyed by such popular performances as the playing of brass bands, barrel organs, &c.”

This we place first as being perhaps the most highly finished of all the headnotes we have to offer. The refinement of the distinction drawn between persons of “ a particularly nervous or sensitive temperament," and persons “irritated and annoyed by the playing of brass bands, barrel organs, &c.," is worthy of special attention. The case had obviously no interest to the former class, but was “of considerable interest" to the latter. We now proceed to a few less elaborate specimens :—

“Earth-y v. Gardncr.—This was n case of some interest as bearing upon the liabilities of those who receive animals, pictures, or other valuable objects for exhibition.”

“ Whitaker anrl Another v. Dum1.—This case was one of some interest to the many persons who have building work done.”

ill‘Hanus v. C'aokc.—Tliis case raised a question of some interest and importance to owners of houses in towns."

And so on through all the different relations of life. It is obvious that this kind of headnote is capable of infinite variation, and its capabilities have evidently not yet been fully appreciated. Why should not the Divorce Court reports in the Times be headed

“ This was a case of some interest to persons about to marry."

And the reports of breach of promise cases—

“This was a case of considerable interest to the great number of persons who, withcut really intending to marry, engage in flirtation."

And the assize and police reports of robberies and thefts

“This case raised a question of some interest and importance to the large class of persons who desire to appropriate other persons‘ goods."

We suppose it must have been by way of protest against the new headnote that a cynical reporter in the Times a few days ago, after gravely stating a case heard before the House of Lords, added :-—“ The case was of no interest except to the parties concerned.” We venture to suggest that the addition of this footnote to many of the other reports in the limes would be more in accordance with fact than the headnote at present in fashion.

Foa ran INFORMATION of those who have no time to peruse blue books we may give the text of the two resolutions arrived at by Lord Si-:i.n0irNa’s Committee, and for the carrying out of which resolutions a fresh committee is now endeavouring to devise a scheme. “ 4. That the whole administrative staff of the Chancery Division in London shall eventually be brought under the control of the several chancery judges, by attaching to each judge a sufiicient number of clerks to do all the business of chancery causes and matters, including the drawing of orders and taxing of costs; the duties of such clerks and the distribution of business among them to be determined by rules to be made by the judges of the Chancery Division.” “ 5. That, in order to carry out the object of the last preceding resolution, power be taken by which, on any _vacancy occurring among the registrars or taxing masters or their clerks, such vacancies shall be filled by appointing additional chief and other clerks to act with the present chief clerks and their clerks.” The first observation to be made on these resolutions is that one of the commissioners—namely Mr. Justice P1-:aaso>r—expressly dissented from them, on the ground, as to the registrars, that at picsent they circulate in all the courts, including the Court of Appeal, and by that means obtain _wide experience of the practice, and are often able to assist a judge in framinga decree by informing him of what another judge has done under similar circumstances, and that in the absence of that special knowledge in the proposed clerks who would not so circulate, the judges will be embarrassed for what of the assistance yrhich they now obtain. As to the taxing masters he thou ht it a great advantage that they should be Lt. 1 3

arated from the earlier stages of 4,11 matters if,“ ggpictsegg

[ocr errors]

which they have to tax the bills of costs, thus being kept independent and impartial, so that no solicitor need fear their being prejudiced by any opinion they have formed in the progress of litigation. The recommendation of the committee in their report is that, “As in Resolutions 4 and 5, by degrees the separate oflices of registrars and taxing masters should be abolished, clerks of equal qualifications being assigned to each judge to perform their duties.” The next observation is that this is not an amalgamation of the three ofiices of registrar, chief clerk, and taxing master; it is merely calling the first and last-named of these oflicers by other names, and attaching a certain proportion of them to each chancery judge. It almost goes without saying that su_ch a plan, if carried out, would tend to set up a different practice according to the different views of the several judges, and to make the carrying on of business in chambers more and more complicated by reason of the difilculty of learning the particular requirements of each staff.

Warn a I’LAIi\'TlFl-‘, having brought an action, desires to discontinue it, the general condition is that he shall pay the defendaut’s costs. The distinction between a defendant in such a case and a person appearing on the hearing of a winding-up petition is not very clear. Mr. Justice Noaru, in Re The District Bank of London (ante, p. 427), seems to have treated the two as in altogether different positions. A shareholder of the company presented a petition for winding up, apparently for the purpose of expediting proceedings already in progress for winding_u_p voluntarily. Certain shareholders who took copies of the petition were informed that, in a certain event, the petition would be withdrawn, and that the petitioner, on asking leave to withdraw, would object to these shareholders having any costs. In the result the expected event happened, and Mr. Justice Nonra dismissed the petition without costs. In considering this point it must be borne in inlnd that a winding-up petition is different from most other petltwlli; an advertisement being issued inviting all the creditors and contributories of the company to come in and oppose or support the prayer of the petition. The courts have laid down a rule as to the costs of persons appearing on these petitions calculated to deter unnecessary appearances, but it seems scarcely consistent with justice that a petitioner should be able to invite persons concerned to come and be present at the decision of the court and then to withdraw his case, leaving his opponents to pay their own BOSW

Wi: MAY asiimn our renders that the twenty-seventh anniversary festival of the Solicitors’ Benevolent Association is to beheld 011 Thursday, June 9, at the “Whitehall R/ooms,” Hotel MclIT°P°]"» London, Mr. E. J. BBISTOW in the chair. A suggestion has been made that members of the profession should unite in making this festival a suitable celebration of the Jubilee Year, and that annuities should be founded to be known in perpetuity as the “Victoria Annuities." It would be difilcult to suggest amore suitable mode of celebration for solicitors, and we trust that the appeal of the board will meet with a large response. We \_'¢fl1' tured, about a year ago, to question the expediency of X'8Stl'lctI"_Fk in accordance with a traditional policy, the amount of_Ie1_l9 afforded. Our observations, although rendering the fullest justice to the admirable manner in which the society was fldmlfllfitered upon the ancient lines, did not, we believe, mi-et with a very cordial reception by the board. We are happy to Obflervei MY’; ever, that they have not been without effect. The total rehle granted in 1885 was £2,995, while last year tho sum sudden‘), sprang up to £3,868. The board may be sure that the true W-1_) to make their present appeal a success is to announce that thuj object and policy in the future will be that no case of real wan shall go unrelieved or inadequately relieved.

Ma. Foim’s application for an interlocutory injunction againsi the admission of members of the Law Society Club _who arfilwe also members of the Incorporated Law Society has failed» 3wt may be permitted to express a hope that we have seen the 155$ ° these unseemly intestine contests.

[graphic]
« PreviousContinue »