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income was charitable, and it was managed by a public body, and no private person had any interest in it, and no profit was in contemplation, and its object was the benefit of a large class of her Majesty's subjects, all those circumstances pointed to it being a public school. The fact that colleges and halls were also exempted in the section shewed that it did not refer merely to charity schools.-COUNSEL, Sir E. Clarke, S.G., and A. V. Dicey; Sir Charles Russell, Q.C., and Pollard. SOLICITORS, The Solicitor for Inland Revenue; The City Solicitor.

LYON v. MORRIS; MUTUAL LOAN FUND ASSOCIATION, CLAIMANTS-C. A. No. 1, 17th May. PRACTICE-INTERPLEADER-APPEAL BY LEAVE FROM SUMMARY DECISIONR. S. C., 1883, LVII., 8, 11-COMMON LAW PROCEDURE ACT, 1860 (23❘ & 24 VICT. c. 126), s. 17-1 & 2 WILL. 4, c. 58, ss. 2, 4.

This was an appeal from a divisional court (Day and Wills, JJ.), and raised an important question as to the right to appeal from the summary decision of a judge in an interpleader issue. Certain goods, having been seized in execution, were claimed under a bill of sale. The only question being as to the validity of the bill of sale, Huddleston, B., in chambers, by consent of the parties under R. S. C., 1883, ord. 57, r. 8, decided the matter in a summary manner, holding the bill of sale valid, but he gave the execution creditor leave to appeal against his decision. The Divisional Court held that section 17 of the Common Law Procedure Act, 1860, being still in force, there was no right of appeal, and no power in the judge to give leave to appeal, but after hearing the case on its merits, they expressed a strong opinion against the validity of the bill of sale. The execution creditor appealed from this decision, and it was now argued that section 17 applied only to the procedure given by section 14 of the Common Law Procedure Act, and had no reference to the consensual summary jurisdiction of a judge in interpleader cases. On the other hand it was contended that the consensual jurisdiction was given by 1 & 2 Will. 4, c. 58, which, by section 2, expressly forbade any appeal in such cases. The appellant, however, contended that the force of section 2 was limited by section 4, which gave a right of appeal from all decisions of a single judge.

THE COURT (FRY and LOPES, L.JJ.) dismissed the appeal. FRY, L.J., said the question was by no means free from difficulty, and ord. 57, r. 11, was not easy to construe satisfactorily. It began, however, " Except where otherwise provided by statute," and, therefore, although it contemplated the possibility of a judge giving leave to appeal from a summary decision, it did not intend to conflict with any existing statutes. The statute which gave a judge power to decide interpleader matters summarily by the consent of both parties was the 1 & 2 Will. 4, c. 58, and that Act, by section 2, expressly enacted that such decision should be final and conclusive. It could not be said that that section took away the right of appeal, because no such right then existed at common law. Section 4 of the Act did not give any right of appeal in interpleader cases, it only gave the same right of appeal against orders under the statute as already existed at common law. It was true that 1 & 2 Will. 4, c. 58 had been repealed by the Statute Law Revision Act, 1883, but it was clear, from the preamble to that Act, that it was only repealed because its subject-matter had been already dealt with by the Rules of the Supreme Court. Order 57, therefore, which replaced the statute, was not intended in any way to alter its subject-matter. But at the time the rules were drawn up the Common Law Procedure Act of 1860 was in existence, of which section 17 alone still remained in force. To say that that section only referred to the jurisdiction given by section 14 of that Act was to put too narrow a construction upon it. It referred to all summary decisions in interpleader issues, whether the jurisdiction was given by the Act of 1860 or by consent under the Act of 1831. The Legislature, by leaving section 17 alone intact, had shewn that they considered it applied to the whole summary jurisdiction. The section, therefore, was expressly excluded by rule 11 of order 57, and the judge had no power to give leave to appeal. LOPES, L.J., concurred.-COUNSEL, A. T. Lawrence, Cluer; Sidney Woolf. SOLICITORS, R. Frederick Hill & Co.; W. Beard.

THE COLONIAL BANK v. HEPWORTH-Chitty, J., 25th May. COMPANY-SHARE CERTIFICATES-NEGOTIABILITY-ESTOppel.

In this case it appeared that the defendant had employed P. W. Thomas & Co. as stockbrokers to purchase a number of shares of the New York Central and Hudson River Railroad Co., and paid them for the same. Thomas & Co. deposited with the plaintiffs the share certificates, and, afterwards being pressed by the defendant, obtained the certificates from the plaintiffs, and caused the defendant's name to be registered on the books of the company as owners of the shares, and the plaintiffs received back new certificates with the defendant's name thereon as registered holder. The certificates in use by the company bore on the face of them the name of the persons in whose name the particular shares were registered in the books of the company. On the back of each certificate was a blank form of transfer, and a blank power of attorney to execute a surrender and cancellation of the certificate, and to do all things requisite to transfer the shares represented thereby in the books of the company. The plaintiffs contended, amongst other things, that the certificates were negotiable by estoppel, and that the plaintiffs, as actual holders thereof, were entitled to be registered in place of the defendant, and the plaintiffs relied on Goodwin v. Robarts (24 W. R. 987, 1 App. Cas. 476). CHITTY, J., said that the case did not fall within Goodwin v. Robarts. In that case the instrument in question was simply scrip purporting, on the face of it, that the bearer would be entitled to receive the definitive bond from the foreign Government in exchange for the scrip. The scrip virtually represented that the paper would pass from hand to hand by delivery only. Each prior holder was deemed to have concurred

in that representation. In the present case there was no such representation. Estoppels could not be manufactured arbitrarily. No estoppel could be raised inconsistent with the terms of the document itself, and the only estoppel which could be rightly inferred in the case before him was that, where the transfers were duly signed by the registered holder of the shares, each prior holder conferred upon the bond fide holder for value of the certificates for the time being an authority to fill in the name of the transferee, and was estopped from denying such authority, and to that extent, and that extent only, was estopped from denying the title of such holder for the time being. By delivery an inchoate legal title passed, but a title by unregistered transfer was not equivalent to what was termed the legal estate in the shares. Such inchoate title of the plaintiffs had been defeated by the defendant's registration.-COUNSEL, Rigby, Q.C., Sir Arthur Watson, QC., and Butcher; Romer, Q.C., Finlay, Q.C., and Grosvenor Woods. SOLICITORS, Druces & Attlee; Dod & Longstaffe.

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Re TOOGOOD'S TRUSTS—Chitty, J., 21st May. R. S. C., 1883, XLVI., 12, 13-STOP ORDER-FUND EXCEEDING £1,000.

In this case an application was made by petition for a stop order of a fund exceeding £1,000, paid into court under the Trustee Relief Act, 1847. CHITTY, J., in making the order prayed for, without prejudice to the title of certain parties mentioned, said that, under R. S. C., XLVI., 12, 13, a petition, and not a summons, was the proper mode of applying for a stop order when the fund in court exceeded £1,000 and there had been no prior application in respect of the fund.-COUNSEL, Archibald Brown. SOLICITORS, G. P. Rogers, for Powell & Browett, Birmingham.

Re ORIENTAL BANK CORPORATION-Chitty, J., 20th May. PRACTICE-WINDING UP-ORDER IN CHAMBERS-SALE OF ASSETS BY PRIVATE CONTRACT-Alleged Undervalue.

In this case a motion was made by the New Oriental Bank Corporation to discharge or vary an order in chambers sanctioning a contract to sell the outstanding assets of the liquidating corporation to the Assets Realization Co. By the sale objected to an offer had been accepted by the liquidator on the part of the Assets Co. to pay to the creditors (who had not compromised) a sum sufficient to make up the final dividend to 19s. 9d. in the pound. The applicants offered at the bar to give 20s. in the pound, and to take as their remuneration a moiety of any remaining surplus and pay the other moiety to the shareholders.

CHITTY, J., after stating that the sale as sanctioned was the best thing in the then existing circumstances, said that he had inquired in chambers and had also asked counsel, but had found no precedent for setting aside a sale by private contract which had been sanctioned in chambers, when the ground of recalling the order was simply that a better offer was proposed. He agreed with Malins, V.C., who said, in Re Bartlett, Newman ▼. Hook (29 W. R. 279, 16 Ch. D. 561)), that to open biddings for such a reason (as was the practice in sales by public auction before 30 & 31 Vict. c. 48) was a most pernicious practice, unfair to purchasers and most prejudicial to vendors. The motion was dismissed, with costs.— COUNSEL, Romer, Q.C., and F. B. Palmer; Latham, Q.C., and T. H. Wright; Maclean, Q.C., and Vernon R. Smith. SOLICITORS, Hollams, Son, & Coward; Freshfields & Williams; Linklaters.

DICKSON v. MURRAY-Stirling, J., 19th May. FRAUD-VOIDABLE TRANSACTION-RIGHT TO FOLLOW MONEYS INTRUSTED TO

A SOLICITOR TO INVEST.

This was an adjourned summons for determining a question which arose in a creditor's administration action with regard to the right to follow trust moneys. The testator, who was a solicitor, had been intrusted by a Mr. Young with £11,500 to invest. He pretended to have invested the money upon four mortgage securities, and had delivered to Mr. Young what purported to be the mortgage deeds and the title deeds of the several properties. After the death of the testator it was discovered that three of the alleged mortgage securities were entirely fictitious. With regard to the fourth, there was a prior mortgage subsisting on the property comprised in it, and there had also been a prior assignment of the equity of redemption, but the property was in Middlesex, and neither the mortgage nor the assignment had been registered. Mr. Young, having registered his mortgage, acquired priority, and had commenced foreclosure proceedings, which had been compromised. There was, at the testator's death, money at his bank which could be earmarked as forming part of Mr. Young's £11,500. The question to be now determined was whether he was entitled to follow that money.

STIRLING, J., said that, according to the rule laid down in Clough v. London and North-Western Railway Co. (7 Ex. 26), a person defrauded had, subject to the rights of innocent third parties, a right to avoid the contract so long as he had done nothing to show an election to abide by it. With regard to the first three pretended mortgages, Mr. Young had done nothing to alter his position or affirm the transactions. As to them, therefore, he was entitled to follow his money into the testator's bank. The fourth mortgage, however, stood on a different footing. If Mr. Young had intended to repudiate that, he should have done so promptly. He had not done so, but had, on the contrary, taken steps to enforce it. That seemed to his lordship an election to affirm the transaction, and was inconsistent with an intention to disaffirm it. With regard to this, therefore, he was not now in a position to exercise the right of repudiation.COUNSEL, Pearson, Q.C., and J. Henderson; Hastings, Q.C., and Methold; Borthwick. SOLICITORS, Henderson & Buckle; Johnson & Masters, for J. B. Coaks, Norwich.

ROB v. ROB-Stirling, J., 20th May.

R. S. C., 1883, L., 1 (A.)-SPEEDY TRIAL OF ACTION. In this action the plaintiff claimed an injunction to restrain the defendant from entering upon certain lands at Skipton, in Yorkshire, and if necessary specific performance by him of an alleged agreement for a tenancy thereof contained in correspondence, and he now moved for an interim injunction in the terms of the writ. The only question in dispute was whether the correspondence constituted a complete contract or whether it was merely negotiation, and it was admitted that if there was a contract it was for a tenancy from year to year. No pleadings had yet

been delivered.

STIRLING, J., said that this was a case in which he was disposed to apply ord. 50, r. 1 (a.), and direct a speedy trial of the action. Counsel stated that such an order would be satisfactory to all parties, and his lordship accordingly directed that the trial should take place at the next York Assizes, and in the meanwhile granted the injunction.- COUNSEL, Methold; Warrington. SOLICITORS, Jackson, Morse, & Simpson, for Jackson & Jackson, Middlesborough; Bell, Brodrick, & Co., for Richardson, Thirsk.

COURTNEY v. COLE-Q. B. Div., 19th May. COMPULSORY PILOTAGE- TRADING TO NORTH OF EUROPE

SHIPPING ACT, 1854, s. 379.

MERCHANT

In this case the appellant, who was the master of the ship Cardiganshire, had been convicted by justices of unlawfully piloting his ship within the London district without having a pilotage certificate. The ship was one of a line of steamers which sail regularly from London to Japan, China, and the Straits Settlements, and back to London, and thence to Amsterdam and Hamburg and back to London. In April, 1886, she arrived in London with a cargo from the East, and, having discharged part of the cargo, she left London for Amsterdam with the rest of the cargo. When she was off Gravesend the informant, who was a duly licensed pilot, offered to take charge of the ship for the purpose of piloting her to the seaward limits of the London district. The appellant refused the offer, and continued to pilot the ship himself. The vessel proceeded to Amsterdam and Hamburg, and, after discharging her cargo, took in a fresh part cargo for the East, with which she returned to London, and then, after making her cargo complete, she proceeded on her next voyage to China and Japan. The question was whether, under the above circumstances, the ship was exempt from compulsory pilotage under section 379 of the Merchant Shipping Act, 1854. That section, in its 3rd sub-section, exempts all ships not carrying passengers and trading to Boulogne or to any place in Europe north of Boulogne. On behalf of the appellant it was argued that the ship was not less a ship trading to the north of Europe because she afterwards went to China and Japan. On behalf of the respondent it was argued that trading meant constantly trading, and here the vessel was a foreign-going ship, London being only her calling port; and reliance was laid on The Agricola, 2 W. Rob. Adm. 10, and The Sea Queen

B. & L. 359.

THE COURT (Lord COLERIDGE, C.J., and A. L. SMITH, J.) after taking time to consider their judgment, allowed the appeal. Lord COLERIDGE, C.J., said that it was obvious that the case was directly within the words of the exemption given by sub-section 3. It had, however, been argued that compulsory pilotage had been imposed by the Legislature solely for the benefit of ships themselves and the protection of human life, and that the section ought to be construed with reference to that principle. But he thought it was impossible to say, looking at all the exemptions, that they were designed solely with that purpose, and without any idea of favouring particular trades. For instance, the effect of sub-section 4 was that ships from Guernsey, Jersey, &c., laden with stone were exempt, but if laden with fruit they were not exempt. It was clear that there must have been an intention to favour the stone trade between those islands and England. | It was not necessary to decide whether the Legislature intended to favour trading between London and the north of Europe. It may have been so; but it was enough to say that this vessel was a ship trading between London and Amsterdam, a place in Europe north of Boulogne, and doing that habitually, though his lordship thought that it was not necessary that she should be habitually so trading. The case came within sub-section 3, and the vessel was exempt. A. L. SMITH, J., said that the question was whether the ship was trading to a port north of Boulogne within the meaning of sub-section 3. Dr. Lushington had decided that coasting in sub-section 1 meant continually coasting. But that decision did not govern sub-section 3, which meant what it said-viz., that a vessel, when it is trading to a port north of Boulogne, is exempt. - COUNSEL, Gainsford Bruce, Q.C., and James Fox; Bucknill, Q.C., and Aspinall. SOLICITORS, Parker, Garrett, & Parker; Sandilands, Humphry, & Co.

BANKRUPTCY CASES.

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Ex parte THE OFFICIAL RECEIVER, Re REED, BOWEN, & CO.-
C. A. No. 1, 20th May.
APPEAL-LOCUS STANDI-OFFICIAL RECEIVER-APPLICATION FOR ADJUDICA-
TION OF BANKRUPTCY-BANKRUPTCY ACT, 1883, ss. 20, 104, 105, 109-
BANKRUPTCY RULES, 1886, R. 191.

The question in this case was whether the official receiver was entitled to appeal against the refusal of an application made by him, under section 20 of the Bankruptcy Act, 1883, for an adjudication of bankruptcy against a debtor against whom a receiving order has been made. In the present case a receiving order was made against the debtor, and the creditors accepted a scheme of arrangement. The registrar refused to approve the scheme, and his decision was affirmed by the Court of Appeal

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(17 Q. B. D. 244). The creditors resolved to accept a second scheme, which the registrar again refused to approve, his decision being again affirmed by the Court of Appeal on the 25th of March, 1887. The court refused to allow another meeting of the creditors to be summoned for the purpose of proposing a fresh scheme. On the 29th of April the official receiver applied to the registrar for an adjudication of bankruptcy against the debtors. At the request of the debtors and some of the creditors the registrar adjourned the hearing of the application to the 1st of July. The official receiver appealed, and on the hearing of the appeal the respondents objected that the official receiver had no locus standi, that he of section 104. 'person aggrieved" by the registrar's order within the meaning

was not a

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THE COURT OF APPEAL (Lord ESHER, M.R., and FRY and LOPES, L.JJ.) held (FRY, L.J., dissenting) that in such a case the official receiver was entitled to appeal. Lord ESHER, M.R., said the order which the registrar was asked to make was one which, if the facts alleged were made out, he was bound judicially to make, unless he was entitled for "sufficient reason" to adjourn the hearing. Section 20 provided that "the court shall" (not may) adjudge the debtor bankrupt if certain circumstances were proved. If no "sufficient reason" to the contrary were proved, the registrar would do a legal wrong in his judicial office if, on those circumstances being proved, he did not adjudge the debtors forthwith bankrupt. The official receiver had alleged that the scheme had not been approved within fourteen days, and had asked the registrar forthwith to adjudge the debtors bankrupt. If he proved that that was so, and that there was no sufficient reason for adjourning the hearing, the registrar was bound forthwith to adjudicate the debtors bankrupt. Under rule 191 the official receiver was a party who was bound to ask the court for a judicial decision on a matter of fact which might be in contest. It was his duty to produce evidence and to argue on the effect of that evidence. That placed him in exactly the same position as a litigant, and the question was whether he was entitled to appeal as a "person aggrieved" by the refusal of his application. In Ex parte Sidebotham (14 Ch. D. 458) James, L.J., said (p. 465): "A person aggrieved' must be a man who has suffered a legal grievance, a man against whom a decision has been pronounced which has wrongfully deprived him of something, or wrongfully refused him something, or wrongfully affected his title to something." That might not be an exhaustive definition, but, at any rate, it would include a person like the official receiver in this case, who had been wrongfully refused a decision for which he had a right to ask. And in the same case Bramwell, L.J., said, "Certainly the general rule is that an appeal must be by the party who has endeavoured to maintain the contrary of that which has taken place." That also included the present case. FRY, L.J., regretted that he differed from the Master of the Rolls. The official receiver was not a litigant, but was acting as an officer of the court whose duty it was to bring facts to the knowledge of the court, and, when he had done so, he had discharged the whole of the duty cast on him as a public servant; he was functus officio, and had no further duty to perform, and, whether his application succeeded or failed, he had no further concern in the matter. He was not in any sense a "person aggrieved" by the refusal of his appliction, for the decision was not any more a decision against him than against any other member of the public. He suffered no legal grievance if the registrar had given a wrong deci sion. He was deprived of nothing and he was refused nothing by that decision, and, therefore, he could not appeal. In his lordship's opinion this view was consistent with the definition given by James, L J., in Ex parte Sidebotham. And Bramwell, L.J., only mentioned a condition sine qua non to an appeal; he did not say that everyone who had "maintained the contrary" had a right to appeal. LOPES, L.J., agreed with the Master of the Rolls.

The appeal was then heard on its merits, and in the result T COURT reversed the decision of the registrar, and made an immediate adjudication against the debtors.-COUNSEL, Sir R. Webster, A.G., Sir E. Clarke, S.G., and Muir Mackenzie; Finlay, Q.C., and Sidney Woolf; Herbert Reed; Wilkinson. SOLICITORS, Solicitor to the Board of Trade; Foss & Ledsam; G. S. § H. Brandon; Cuddon & Co.

Ex parte TODD, Re ASHCROFT-C. A. No. 1, 20th May. BANKRUPTCY-AVOIDANCE OF VOLUNTARY SETTLEMENTS-RETROSPECTIVE EFFECT OF ACT-"TRANSFER OF PROPERTY "-BANKRUPTCY ACT, 1883, ss. 47, 168-BANKRUPTCY ACT, 1869, s. 91.

Section 47 of the Bankruptcy Act, 1883, provides, by sub-section 1, that any voluntary settlement (not being a settlement made on or for the wife or children of the settlor of property which has accrued to him after marriage in right of his wife) "Shall, if the settlor becomes bankrupt within two years after the date of the settlement, be void as against the trustee in the bankruptcy, and shall, if the settlor becomes bankrupt at any subsequent time within ten years after the date of the settlement, be void against the trustee in the bankruptcy, unless the parties claiming the settlement able to pay all his debts without the aid of the property under the settlement can prove that the settlor was at the time of making comprised in the settlement, and that the interest of the settlor in such property had passed to the trustee of such settlement on the execution thereof." And, by sub-section 3, "Settlement' shall, for the purposes of this section, include any conveyance or transfer of property." Section 91 of the Bankruptcy Act, 1869, was identical with sub-section 1, except that it was confined to traders, and that it did not contain the words which are above placed in italics. Section 169 of the Act of 1883 repeals the Act of 1869 in toto, but provides that the repeal shall not affect (inter alia) “any liability or disqualification incurred under the repealed Act." In the present case a trader in April, 1877, executed a voluntary deed, to which his wife was a party, by which, after a recital that he was absolutely

own use.

entitled to eighty shares in a railway company, and that he was desirous of irrevocably settling them upon the trusts thereinafter declared for the benefit of his wife, himself, and his children, and that he was about to transfer the shares into the names of T. and M., who were parties to the deed, it was agreed that the trustees should stand possessed of the shares, so soon as the same should be transferred to them, on trust to pay the dividends to the wife during her life, for her separate use without power of anticipation, and after her death upon certain trusts for the benefit of the settlor and the issue of the marriage. At the time of the execution of the deed the shares stood in the name of the settlor. On its execution he handed over the certificates to the trustees, but he did not transfer the shares into their names until the 19th of February, 1886. Meanwhile he had continued to receive the dividends as before, and to apply them to his In May, 1877, the trustees gave notice of the deed to the railway company. In April, 1886, the settlor was adjudicated a bankrupt, and the trustee in the bankruptcy applied to the court for a declaration that the settlement was void, and that he was entitled to the shares. It was proved to the satisfaction of Cave, J., that at the date of the deed the settlor was able to pay all his debts without the aid of the property comprised in it, but Cave, J., held that the trustee in the bankruptcy was entitled to the shares, on the ground that the interest of the bankrupt in them had not passed to the trustees of the deed on the execution thereof. On the appeal it was argued that section 47 was not retrospective, at any rate, so far as it contained provisions which were not to be found in section 91 of the Bankruptcy Act, 1869. On behalf of the trustee in the bankruptcy it was urged that the transfer of the shares to the trustees of the deed was a "settlement" within section 47, and that, as the deed imposed no obligation on the settlor to make the transfer, it was a voluntary settlement, and, having been made since the Act of 1883 came into operation, and within two years before the adjudication of bankruptcy, it was void against the trustee in the bankruptcy, whether section 47 was retrospective or not.

in the general saving clause (section 169) of the Act of 1883. LOPES, L.J., agreed with the Master of the Rolls.-COUNSEL, Winslow, Q.C., and Sidney Woolf; Yate Lee. SOLICITORS, Munns & Longden; Bedford, MonierWilliams, & Robinson.

CASES AFFECTING SOLICITORS.

Re HILLEARY & TAYLOR-C. A. No. 2, 20th May. SOLICITOR-COSTS-TAXATION-SHORTHAND NOTES OF EVIDENCE TAKEN VIVA VOCE BEFORE TAXING MASTER-R. S. C., 1883, LXV., 25. This was an appeal from the decision of Stirling, J. (35 W. R. 365, ante, p. 271). The question was whether, in taxing the costs of a taxanotes of evidence taken viva voce before himself. He had suggested to tion, the taxing master was right in allowing part of the costs of shorthand the parties that a shorthand note ought to be taken of that evidence, and they had each had a note taken. The taxing master allowed the costs of one note. Stirling, J., affirmed the decision.

THE COURT OF APPEAL (COTTON, LINDLEY, and BOWEN, L.JJ.) affirmed had done all in its power to prevent unnecessary expense in shorthand the decision of Stirling, J. COTTON, L.J., said that the Court of Appeal notes. As a rule the only shorthand notes allowed were those of the judgment in the court below, and notes of the evidence were not allowed except in very special circumstances. He did not consider that the taxing master, or even a judge, had a right to order shorthand notes to be taken. It was the business of the taxing master, as it was of the judge and of counsel, to take notes himself. But in this particular case the taxing master had expressed an opinion that it would be best to have a shorthand note taken of the evidence given before him, and both parties had acceded to that suggestion and had acted on it. They might have objected, but they did not. Both parties had a shorthand note taken, and the taxing master had allowed the costs of one. The parties ought to have agreed upon one shorthand writer, and, in the absence of evidence to shew whose fault it was that no such arrangement was made, the taxing master was right in deciding that the same costs should be allowed as if only one note had been taken. LINDLEY, L.J., concurred. BowEN, L.J., desired that it should not be thought that, in allowing the costs in this particular case, the court had expressed any opinion that it was a reasonable practice to employ a shorthand writer before the taxing master, or that the taxing master had any right to order one to be employed. As a general Q.C., and Normandy; Graham Hastings, Q.C., and Maidlow. SOLICITORS, rule such a practice would be of the worst example.-COUNSEL, Maclean, R. J. Gooch; R. Metcalfe.

Re AARON WRAY-North, J., 23rd May.

ORDER-JURISDICTION-DISCRETION-DEBTORS ACT, 1869, s. 4-BANK-
RUPTCY ACT, 1883, ss. 9, 10.

THE COURT OF APPEAL (Lord ESHER, M.R., and FRY and LOPES, L.JJ.) affirmed the decision. Lord ESHER, M.R., said that, although it might not be absolutely necessary to determine whether section 47 was retrospective or not, the point was an important one, and had been fully argued, and it was right that the court should express its opinion. Section 47 was, to a great extent, a repetition of section 91 of the Act of 1869. That section, however, applied only to traders, while section 47 applied to non-traders also, and section 47 contained a new proviso at the end as to the settlor's interest in the property passing to the trustee on the execution of the settlement. In Re Player (54 L. J. Q. B. D. 553), Matthew, J., expressed an opinion that so much of section 47 as was identical with section 91 applied to matters which took place before the Act of 1883 came into operation, but that so much of section 47 as was new was not retrospective. That at first sight appeared to be a modification of the ordinary rule, that an Act was not retrospective unless it SOLICITOR-ATTACHMENT-DEFAULT IN PAYMENT OF MONEY-RECEIVING was expressly declared to be so. But where an enactment was repealed, and the repealing Act substituted a new provision for that which it repealed, it appeared to be the true principle that so much of the new enactment as was identical with the former enactment was retrospective, but that the new matter was not retrospective, otherwise the result would be that persons who had broken the provisions of the former statute would be entitled to escape after it had been repealed. It was inconceivable that that could have been the intention of the Legislature when they replaced the former enactment by a new enactment to a similar effect. But, as to the new matter introduced, there was no reason for saying that it ought to have a retrospective effect. If so, section 47 did not apply to any settlements executed by non-traders before the Act came into operation, and the proviso as to the interest of the settlor passing to the trustee did not apply to a settlement executed by a trader before the Act came into operation. Therefore, if the document executed in 1877 was a settlement of the shares it did not come within the section, since the only ground for impeaching it arose under the new part of the section. But could it be said that a document which did not pass the property, which did not contain any covenant by the settlor to settle the shares, which left him free to deal with them as he pleased, and gave no power to anyone to force him to settle them, was a settlement within the meaning of section 47. In his lordship's opinion that was not a settlement within section 47. But then came the transfer of the shares two months before the bankruptcy, and after the Act of 1883 had come into operation. His lordship would not decide whether the transfer would have been a "settlement" if it had been made to carry out a prior valid settlement. But in the present case there was no previous document which amounted to a settlement, and the transfer clearly came within the words of subsection 3 of section 47, and it was void, without any regard to the intention of the settlor in executing it, because it was executed within two years before the bankruptcy. FRY, L.J., said that he had arrived at the same conclusion, though by a somewhat different road. By subsection 3 of section 47 of the Bankruptcy Act, 1883, a settlement included any transfer of property. Here there had been a transfer of property after the passing of the Act and within two years before the bankruptcy. If it bad not been executed the shares would have been the property of the bankrupt at the time of the bankruptcy, and' would have been distributable among his creditors. It was, therefore, a transaction plainly within both the words of the section and the mischief of the Act, and his lordship had no hesitation in coming to the conclusion that it was void under section 47. Section 47 was clearly not retrospective in toto, but the question whether it was retrospective at all did not really arise, and as to that he would reserve his opinion. To say that a section of an Act was retrospective in one part, and not retrospective in another part, was a novel mode of interpretation, and he was not sure that any saving of the provisions of section 91 of the Act of 1869 was not to be looked for

In this case an important question arose as to the jurisdiction of the court to allow an attachment to issue against a solicitor for his default in not paying a sum of money which he had been ordered to pay in his character of an officer of the court, after a receiving order in bankruptcy has been made against him. Section 4 of the Debtors Act, 1869, provides that, with certain exceptions, "No person shall be arrested or imprisoned for making default in payment of a sum of money," one of the exceptions being (4) "Default by an attorney or solicitor in payment of a sum of money when ordered to pay the same in his character of an officer of the court making the order.' Section 9 of the Bankruptcy Act, 1883, provides that, after the making of a receiving order against a debtor, 'except as directed by this Act, no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings unless with the leave of the court, and on such terms as the court may impose." And, by sub-section 2 of section 10, "the court may, at any time after the presentation of a bankruptcy petition, stay any action, execution, or other legal process against the property or person of the debtor, and any court in which proceedings are pending against a debtor may, on proof that a bankruptcy petition has been presented by or against the debtor, either stay the proceedings or allow them to continue on such terms as it may think just." In the present case the solicitor had acted as solicitor to the trustees of a will, and had received from them some sums of money for the purpose of investment. He did not invest them, and on the 7th of March, on the application of the surviving trustee and the residuary legatees under the will, North, J., made an order that the solicitor should, on or before the 7th of April, or subsequently within seven days after service of the order upon him, pay the moneys in question, "being moneys in his hands and received by him as solicitor" for the trustees, to the surviving trustee. The order was served personally on the solicitor on the 22nd of March, but he failed to obey it. On the 27th of April a notice of motion, dated the 22nd of April, was served on the solicitor by the persons who had obtained the order of the 7th of March, asking that they might be at liberty to issue a writ of attachment against the solicitor for his contempt in not paying the money pursuant to the order. Meanwhile, on the 25th of April, a receiving order in bankruptcy had been made against the solicitor upon the petition of another creditor, but the applicants were ignorant of this until they served their notice of motion. It was objected on behalf of the solicitor that section 9 of the Bankruptcy Act was an answer to the application, an attachment being a "remedy against the person of the debtor in respect of the debt."

NORTH, J., held that he had jurisdiction to allow the attachment to issue, but, in the exercise of his discretion under section 10 of the Bankruptcy

that a solicitor could not claim against his client any costs in an action, after action brought, which were not allowed by the scale, unless he complied with the wording of the section and satisfied the registrar that the client had agreed in writing to pay him? He could allow no costs to Mr. Moseley after the commencement of the action which were not included in the scale, and those included in the scale had all been allowed. With reference to other costs, he could conceive cases in which a solicitor would be entitled to charge against his client costs incurred by him before action brought-that was, where it was necessary for the solicitor to do something for his client which could not be included in ordinary instructions for the action. His Honour then ordered judgment to be entered for the plaintiff for £9 4s. 6d. He remarked that this was a very important point, and he should very much like it to go to the Divisional Court.

LAW SOCIETIES.

THE IRISH INCORPORATED LAW SOCIETY.
On Tuesday evening the Lord Lieutenant was entertained by the presi-

ct, he declined to do so. Having regard to the facts proved when he made the former order, he saw no reason for exercising the discretion given to him by section 1 of the Debtors Act, 1878 (41 & 42 Vict. c. 54), to refuse to allow the attachment. As to the jurisdiction, he thought it clear, on the authority of Re Freston (11 Q. B. D. 545, 27 SOLICITORS' JOURNAL, 518) and Re Dudley (12 Q. B. D. 44, 28 SOLICITORS' JOURNAL, 71), that an attachment against a solicitor for the non-payment of money received by him as a solicitor for investment was not merely a civil process, but was, in its nature, "punitive or disciplinary," and therefore the existence of a receiving order was not sufficient reason for not issuing an attachment in such a case. The proceeding by way of attachment against a defaulting solicitor under section 4 of the Debtors Act was not merely a proceeding against his property or person in respect of a debt, but was a proceeding by way of punishment. Moreover, section 9 of the Bankruptcy Act did not apply to a case where proceedings were actually pending against the solicitor at the date of the receiving order, as they were in the present case. But section 10 did apply to pending proceedings, and under that section two courses were open to the debtor against whom an application was made. He might apply to the court in which the proceedings were pending to stay them, or he might apply to the Court of Bankruptcy to stay them. His lordship would treat the opposi-dent and council of the Irish Incorporated Law Society at dinner in the tion to the present motion as an application to this court to stay the proceedings. If an application had been made to the Court of Bankruptcy it would probably have followed the course which was adopted by the Court of Appeal in Re Deere (10 Ch. 658)-i.e., refuse to interfere, and leave it to this court to decide whether the attachment should be allowed to issue. It was clear that the existence of the receiving order was not in itself an answer to the present application. But, having regard to the fact that the solicitor was a bankrupt, that no benefit would result to the applicants from an attachment, and that it would probably cause great embarrassment to the bankruptcy proceedings, his lordship, in the exercise of the discretion given to him by section 10, thought that he ought not to make the order by way of punishment to the solicitor. But he thought that the application had been properly made, and he should order the solicitor to pay the costs of it. He thought he had jurisdiction to do so, notwithstanding the bankruptcy proceedings.--COUNSEL, Warrington, Bunting, SOLICITORS, Collyer, Bristowe, & Co.; Hickin & Fox. SCALES v. MOSELEY-Ipswich County Court, Judge Roxburgh, Q.C., 19th May.

COSTS INCURRED OUTSIDE ACTION-19 & 20 VICT. c. 108, s. 35. This was an action brought by the plaintiff against Mr. H. K. Moseley, solicitor, of Ipswich, to recover from him the balance of a sum of money which the plaintiff alleged had been stopped by the defendant out of money taken by him out of court in the action Scales v. Page, tried at Stowmarket, in which Mr. Moseley acted as solicitor for the plaintiff. The sum really in dispute was £9 4s. 6d., and the bill of costs and items of this sum, as claimed by Mr. Moseley, were referred to the registrar of this court to tax. The registrar (Mr. Grimsey) now produced his certifi cate, in which he stated :-"I certify that Mr. Gudgeon, the registrar of the court at Stowmarket, in which the action of Scales v. Page was instituted, has allowed what he thought the solicitor was entitled to under the scale of costs provided under the statute 19 & 20 Vict. c. 108, s. 35 (44 & 45 Vict. c. 68), in respect to many of the items inserted or reinserted in this bill, and with respect thereto as between solicitor and client. With regard to the rest of the items I have to disallow, being directed by the judge to tax (not being the registrar of the court in which the costs and charges were incurred), I respectfully submit a solicitor cannot recover for the same, as the client has not agreed in writing to pay them." Counsel for the defendant urged that the section mentioned by the registrar referred to costs in "proceedings," whereas he argued that the £9 48. 6d. in question related to matters not in the proceedings. There was, he said, no definition so far as he knew, but he took it that a proceeding" was a step "taken in the action. If they were not, as he contended, proceedings in the action, they could not be taxed therein, and were not within the words of any of the sections, because they all started "with respect to the proceedings," and, consequently, he contended Mr. Moseley was entitled to the charges in question.

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Judge ROXBURGH said it was a nice point, and he should give the parties an opportunity, if either thought fit, of taking the opinion of the Divisional Court as early as possible. The application was for the allowance of costs which had not been allowed by the registrar of the Stowmarket Court on the ground that the charges made by the solicitor were not, within the Act of Parliament and the rules and scale of costs made under that Act, such as would be allowed. The Registrar of the Stowmarket Court had, proceeding under section 35 and the scale in the Appendix to the Rules, 1886 (which refers to costs to be paid as well between party and party as between solicitor and client), taxed the costs of Mr. Moseley, and Mr. Moseley now sought to be allowed costs which were not included in the bill so taxed, as being costs incurred outside the action. It was contended that Mr. Moseley was, therefore, entitled to his costs under the ordinary principle of a client being bound to pay his solicitor for work and labour done, and that the registrar's taxation at Stowmarket was not binding upon him The question he (the judge) had to decide was what was the meaning of the sections? It certainly seemed open to contention as to what they did mean, but it was clear to his mind that the proceedings referred to in section 35 as "such proceedings referred to the proceedings mentioned in section 33-the proceedings in an action where the debt claimed exceeded £20. Then did it embrace all the costs which the solicitor might incur after action brought which were not included in the scale, or could the solicitor claim more than the scale allowed for the costs ir curred in an action unless he had the authority of the client in writing. He was bound to come to the conclusion

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hall of the society, Four-courts, in celebration of the Queen's Jubilee.
About three hundred guests were present. The president of the society,
Mr. Patrick Maxwell, occupied the chair, and among the guests were Lord
Ashbourne (Lord Chancellor), Prince Edward of Saxe Weimar, and Lord
Justice Berry.. In replying to the toast of his health,
The Lord Lieutenant said: I believe I am correct in saying that I am the
first representative of her Majesty in Ireland who has had the pleasure of
accepting the hospitality of your president and your society. Under these
circumstances, and remembering the importance of the year in which we live,
I say again that I accept your hospitality with gratitude. I need hardly re-
mind you that I am an Irishman, and that as an Irishman the interests and
the prosperity of Ireland are very dear indeed to me. And on these grounds I
great success that has attended their efforts to obtain from their profession
venture to congratulate the Incorporated Law Society of Ireland on the
the very best men, and the men possessed of the greatest amount of legal
learning, that they possibly could. He proposed the health of the presi-
dent.

The President said: The profession which we represent fills a large
space in the social sphere, and the honour, liberty, and fortune of the
community are daily intrusted to its members. To render them more
fitted to perform the duties thus devolving on them is the aim and object
of our society. In reply to the toast of the Bench and the Bar of Ireland,
Lord ASHBOURNE said it must ever be a source of the highest gratifica-
tion and of the keenest pleasure to every member of the Irish bench to
do anything and participate in any entertaiment that drew tighter and
closer the numerous links that bound together the great profession of the
law. To him individually it was a source of great pleasure to be their
guest and to return thanks for the Irish bench. He might say for all his
honoured and distinguished colleagues that everyone of them was sensible
of the great responsibilities that were entailed on them by the offices
which they had the honour to hold. No higher responsibility could be
placed upon any body of men than to fulfil, according to the best of their
ability, the great behests and requirements of public justice; and he be-
lieved that every member of the bench was sincerely and loyally anxious
to fulfil the great requirements of his position. There were many aids to
the discharge of the judicial office. They had the priceless and invaluable
assistance of an independent, a learned, a courageous, and intrepid bar.
The value of that to the public, and to liberty as well, could never be
overstated. But the Irish bench had another aid which might well be
acknoweledged at that board-it was the aid which they derived from the
learning, the high sense of duty, and the loyal devotion to the interests of
their clients exhibited by that great profession which had extended so splen-
did a hospitality to them that night. His Excellency had aptly referred, by the
phrase "twin sisters," to the union between the two branches of the legal
profession, the bar and the solicitors. The great profession of the law was
not above the range, in private conversation, he would not say of sneers,
but of kindly sarcasm; but they might remember for their comfort that
once in old times there was a Parliament without lawyers, and that
Parliament had been handed down to the derision of future ages as the
unlearned Parliament. The bench also was sustained by some comforting
reflections. When any of them fell out of the ranks or by the vicissitudes
of party were sent back to other spheres the great profession of the bar
had always sufficient patriotism and public spirit to send forward other
men able and not unanxious to succeed. It was a great pleasure to be
present at a genial, kindly banquet like that, unconnected with party or
politics, and containing the representatives of opinions differing possibly
Few of them could
from those of even so moderate a man as himself.
hope to see another Jubilee; but he hoped that some of them might have
the good fortune to be asked once more to partake of that society's
kindly hospitality.
Sergeant O'BRIEN responded for the bar.

In a case of Re Reed, Bowen, & Co, Ex parte Chief Official Receiver, before the Court of Appeal No. 1 last week, Mr. Muir Mackenzie referred to a case in Morell's Reports, and said:-"That case is not reported in the regular Law Reports" The Master of the Rolls said :-"I object to that phrase. All reports made by gentlemen of the bar and published on their responsibility are equally regular. There is no superiority in the reports of the Council of Law Reporting. Counsel are as much entitled to cite the one as the other."

LAW STUDENTS' JOURNAL.

INCORPORATED LAW SOCIETY.

PRELIMINARY EXAMINATION.

The following candidates (whose names are in alphabetical order) were successful at the preliminary examination held on the 4th and 5th days of May, 1887.

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Jones, Frederick George

Jones, Robert Joseph Edward
Jordan, Arthur Hudson
Kent, William George

Kidson, Arthur Frederic
Lawson, Andrew Miller
Lawson, Francis

Legg, William George

Lewis, Cyril Alexander Owen
Lofts, Philip

Lumley, William

McClure, Robert Rayner

Malden, Alfred William

Mayers, Francis Nigel
Morgan, Adam Thomas
Morley, Guy Estell
Morrah, Herbert Arthur
Mott, Robert Henry Lightfoot
Norris, George Goodwin
Parker, John

Pogson, Frank Lycett
Poole, Frederick William
Price, Ernest Edward Joshua
Prosser, William Henry
Pryor, Cyril Herbert
Püanaia, Abram St. Chard
Rees, Daniel Esmond
Rickinson, Matthew
Roberts, Nathaniel

Rogers, Robert Dennys

Rotten, John Richard Charles
Saunders, John Gower
Scott, George

Shaw, Thomas Davidson
Sinden, Arthur Frederick
Skeet, Francis John Angus
Slater, Charles William
Smith, George Garner
Smith, Harry P.
Smith, John

Smith, William McKenzie
Spokes, Frederick William
Steavenson, Henry Gordon
Steele, Albert George
Taylor, Allan Reed
Thomas, George
Tillet, Henry Ellis Turner
Tomlinson, William
Triemer, Henry Theodore
Turner, Frederick

Twemlow, Edward George
Wade, David Treharne Newton
Walker, Stephen Henry
Wardle, Arthur James

Weld, Joseph Edward

Whitford, Charles Edward
Wilkins, William Harry
Williams, Ernest Reed

Young, Arthur Dickson Waring

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FIRST CLASS.

[In order of merit.]

Frank Augustus Padmore, who served his clerkship with Mr. Thomas Southall, of Worcester; and Messrs. Church, Rendell, & Co., of London. Alfred Bassett Starbuck Welch, who served his clerkship with Mr. Robert Hall, of Lancaster.

Christopher John Parker, who served his clerkship with Mr. Richard Stephens Jackson, of London.

William George, who served his clerkship with Mr. Randal Casson, of the firm of Messrs. Breese, Jones, & Casson, of Portmadoc.

Frederick George Neave, who served his clerkship with Mr. Arthur Augustus Padley, of Market Rasen.

William Irons, who served his clerkship with Mr. Dossey Wightman, of Sheffield; and Messrs. Jaques & Co., of London.

Dixon Henry Davies, who served his clerkship with Mr. Fred. Horatio Barr, of the firm of Messrs. Nelson, Barr, and Nelson, of Leeds and

London.

John Henry Hutchings, who served his clerkship with Mr. William Smith, of Dartmouth.

Frank Heron Wilson, who served his clerkship with Messrs. Griffith & Lamb, of Cardiff; and Torr, Janeways, & Gribble, of London.

SECOND CLASS.

[In alphabetical order.]

Godfrey Hale Boyce, who served his clerkship with Mr. Matthias Boyce, of London.

Thomas Hart, who served his clerkship with Mr. Francis Summers, of Hull; and Mr. John Thomas Cotton, of London.

Francis Robert Nott, who served his clerkship with Mr. Frederick Sortaine Hancock, of Devizes; and Henry Archibald Dowse, of London. THIRD CLASS.

William Luscombe Munday, who served his clerkship with Messrs. Gush, Phillips, Walters, & Williams, of London.

The Council of the Incorporated Law Society have accordingly given class certificates and awarded the following prizes of books:

To Mr. Padmore-prize of the Honourable Society of Clement's-innvalue 10 guineas; and the Daniel Reardon prize-value about 25 guineas.

To Mr. Welch-prize of the Honourable Society of Clifford's-inn-value 10 guineas.

To Mr. Parker-prize of the Honourable Society of New-inn-value 5 guineas.

To Mr. George-prize of the Incorporated Law Society-value 5 guineas.

To Mr. Neave-prize of the Incorporated Law Society-value 5 guineas.

To Mr. Irons-prize of the Incorporated Law Society-value 5 guineas. To Mr. Davies-prize of the Incorporated Law Society-value 5 guineas.

To Mr. Hutchings-prize of the Incorporated Law Society-value 5 guineas.

To Mr. Wilson-prize of the Incorporated Law Society-value 5 guineas.

The council have given class certificates to the candidates in the second and third classes.

The number of candidates who attended the examination was 37.

LEGAL NEWS.

OBITUARY.

Mr. GEORGE ALDEN STEVENS, solicitor (of the firm of Miller, Stevens, & Son), of Norwich, died on the 14th inst. Mr. Stevens was born in 1831. He was admitted a solicitor in 1870, and he had ever since practised at Norwich. He had an extensive practice in the city and neighbourhood, and he was at the time of his death associated in partnership with Mr. Henry Blake Miller, the town clerk of Norwich, and with his son, Mr. William George Stevens. He was buried on the 19th inst. Mr. Stevens was for many years a member of the Norwich Town Council, and he was an alderman at the time of his death. The town council have passed a vote of condolence with his family, and the mayor and many members of the corporation were present at the funeral.

Mr. THEODORE BRYETT, solicitor (of the firm of Bryett & Hare), of Totnes, died on the 19th inst., at the age of seventy-seven. Mr. Bryett was born in 1810. He was admitted a solicitor in 1840, and he had since conducted a large practice at Norwich. He had been for thirty-five years registrar of the Totnes County Court (Circuit No. 58), and he was district registrar under the Judicature Acts. Mr. Bryett was in partnership with Mr. Frederick Trelawney Hare, who is clerk to the Totnes Burial Board and clerk to the county magistrates.

APPOINTMENTS.

Mr. JOHN ROGERS JENNINGS, Solicitor, of 7, Great Winchester-street, received the honour of knighthood on the 14th inst. at the opening by the solicitor in 1845. He is a member of the Court of Assistants of the Queen of the People's Palace, Mile End. Sir J. Jennings was admitted a Drapers' Co., and is master of the company for the current year.

Mr. WILLIAM BRANDFORD GRIFFITH, barrister, C.M.G., has been created a Knight Comnder of the Order of St. Michael and St. George. Sir W. Griffith was called to the bar at the Middle Temple in June, 1881. He has been for several years Governor of the Gold Coast Colony, and he was created a Companion of the Order of St. Michael and St. George in 1879.

cuting Counsel to the Mint at the Central Criminal Court. Mr. Wilkinson Mr. ROBERT WILKINSON, barrister, has been appointed Junior Prosemember of the South-Eastern Circuit. was called to the bar at Lincoln's-inn in Easter Term, 1864. He is a

for the Island of Cyprus. Mr. Justice Smith was called to the bar at the Mr. ARTHUR SNICE SMITH, barrister, has been appointed a Puisne Judge Middle Temple in January, 1881. He has been for some time acting as

Solicitor-General of British Guiana.

Mr. RICHARD EDMUND HILARY FISHER, solicitor, of 1, New-court, Careystreet, and of Harrow, has been appointed Clerk to the Harrow Local

Board. Mr. Fisher was admitted a solicitor in 1880.

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