Page images
[ocr errors]

..... 509


.... 507


is conceived, should be abolished, except in special cases. During In the Solicitors' Journal.

the Long Vacation there is only one master sitting, and the conseIn the Weekly Reporter.

quence is that no long bill can be taxed, as his time is fully Boswell v. Coaks ............

Bonella Twickenham Local

Board, Holmes v. Twickenham occupied in dealing with short taxations. To remedy this it has Guardians of Croydon Union v.

Local Board Guardians of Reigate Union

Cook v. North Metropolitan Tram

578 been suggested that three of the masters should be in attendance J. Rawson (a Solicitor), Re........ 509

way Co.

577 daily during the vacation. There seems to be no sufficient Knight v. Coales

507 Cutler v. North London Railway .. 575 Lovering & Co., Ex parte, Re Drew & Co. v. Josolyne

reason to increase the number of common law masters if


Hatchard v. Mege

a proper system were adopted, and if the masters were in Hubbuck v. Helms

574 Murray v. Stephenson

Kiogsbridge Union V. Church-

regular attendance from ten till four, and on Saturdays from ten Oriental Bank Corporation, Re.... 507 wardens of East Stonehouse 580 till two. To prevent the delays which at present arise it is Smith, Re, Lord v. Hayward...... 508

Lea, In re, Lea v. Cooke

Nicholson, In re Wigram v. Fryer .................. 508

569 suggested that three masters should be assigned to each divisionOfficial Receiver, Ex parte, In re A to F, G to N, and 0 to 7-and that they should attend in the Gould

same division in every sitting through the year. If the suggestions above made were carried into effect they would do much

.... 576


The Solicitors' Journal and Reporter. towards facilitating the taxation of costs and disposing of the

LONDON, JUNE 4, 1887.

arrears which now exist in some of the offices.


THE AGITATION for repression of “indecent law reports” has A SPECIAL RULE OF Court has been made authorizing the closing resulted in the introduction of a Bill “to amend the law as to of the Court of Appeal, High Court, and the offices of the Supreme reports of proceedings in courts of law,” wbich, we observe, is Court on the 21st inst.

backed by five members of the bar. The Bill proposes that, " in any proceedings, civil or criminal, in any superior court, it shall

be lawlul for the court at any time by order to direct that the WE PRINT elsewhere new Rules of the Supreme Court for details of matters of an obscene or indecent nature in such profurther carrying out the arrangements of the Chancery Chambers ceedings, or in any specified part or parts thereof, shall not be pubat Liverpool and Manchester. Rule 1 provides that originating

lished in any newspaper, book, pamphlet, news-sheet, placard, adsummonses may be sealed and issued in the district registries of vertisement, or other printed document"; and it provides penalties Liverpool and Manchester respectively, and appearances thereon on summary conviction for breach of such order of either imprisonentered in the same respective registries. Rule 2 enables petitions ment for not exceeding one month, or fine not exceeding £50, or presented in those registries respectively, and requiring answer, to both imprisonment and fine. It will be observed that proceedings be answered in the name of one of the district registrars.

before magistrates, which are the proceedings most frequently giving rise to the publication in country newspapers of " matters of an obscene or indecent nature,”. are left untouched by these

anxious guardians of public morals. Their attention has apparTHE DELAY in getting costs taxed in the Chancery and Queen's ently been exclusively fixed on sensational divorce cases, in which Bench Divisions, but more especially in the Chancery Division, more or less exalted personages are concerned. It will also be has for some years past engaged the serious consideration of noticed that, while it is considered essential to prohibit the solicitors and suitors." In 1878-79 the Incorporated Law Society publication by " printed document” of “matters of an obscene or gave the subject much attention, and reported fully to the Lord indecent nature," it is apparently left open to anyone to publish a Chancellor upon it, the result of which was that one of the then lithographed copy of the “details.” Clause 2 subjects to the members of the council (Mr. F. G. DAVIDSON) was appointed a heavy penalties imposed (1) the reporter who prepares ; (2) the taxing master. We understand that the council have again given printer who prints ; (3) the sub-editor who “ frocures to be prethe subject attention, and have prepared a report, which they have pared” ; (4) the proprietor who.. procures to be printed”

any brought to the notice of the proper authorities. There are some prohibited report; (5) the publisher who publishes ; (6) every matters conducing to delay which seem to be capable of easy newsvendor who sells ; (7) every newsvendor who exposes for sale remedy. For instance, with regard to objections, the pre- any newspaper, published after the order, containing any report of sent cumbrous and dilatory practice could be effectually the prohibited details. Apparently the only persons who escape remedied by adjourning the objections to a judge in chambers penalties are the chief editor and the purchasers, who are directly they are brought in, instead of waiting, as at present, for perhaps not the persons least to blame. It is provided that the master to write out his reasons for the disallowances. If this "No person shall be liable to any punishment under this Act if he suggestion were adopted, the judge could forthwith give the proves to the satisfaction of the court of summary jurisdiction that, master directions, and in nine cases out of ten objections could without any negligence on the part of himself or of those inbe thus promptly disposed of. Should the parties be disposed to trusted with the management of his business, the alleged offence carry the matter further, they could do so in the ordinary course was committed in ignorance of the order of court forbidding such by means of a summons to review. Under the present system it publication.” As it would plainly be negligence not to look at is not an uncommon thing for a summons to proceed upon objec- the newspapers or search for prohibitory orders, it would seem to tions to take several months. Again, one of the taxing masters of the be necessary, if this singular Bill becomes law, for every newspaper Chancery Division should take daily, without formal appointments, boy in the streets, and every stationer who exposes newspapers for all taxations in small matters, and, in giving appointments to sale, to examine the law reports in each newspaper, and if he finds proceed, the morning should be devoted to matters not taking any'indecent details therein, to search forth with at the Central much time, and the afternoon to long appointments. Queries Office or Divorce Registry in order to ascertain whether any proshould be disposed of at any time during which the master or his hibitory order has been made. Probably, however, the effect of clerk are not engaged with parties actually before them. Having these penalties on cautious newspaper editors and proprietors regard to the number of bills which at the commencement of would be such that the publication of reports of divorce cases and each Long Vacation remain undisposed of, it may be suggested that other cases involving indecent details would altogether cease. Have each master, before closing his office, should report to the Lord the promoters of this Bill considered the extreme comfort and Chancellor that all bills in his office have been taxed, or should satisfaction which this result will afford to guilty parties ? The append to his report a schedule of the bills which remain untaxed, heaviest penalty for their offences will be removed, for their giving the reason why each has not been dealt with. In the crimes, instead of being known all over England, will be revealed Queen's Bench Division there is no delay in getting short bills only to a few score people in court. A divorce case will, in fact, taxed, either during the sittings or in the Long Vacation. The become quite a comfortably private little affair. delay which exists in getting long bills taxed arises from the inconvenient system of allotting å taxation to the particular master to whom the action has been referred, and who has exclu THE RAILWAY AND CANAL Traffic Bill has been sent down from sively to deal with all applications in that action. This system, it the House of Lords to the House of Commons with only two


material alterations in regard to traffic, both in the interest of the of enjoyment of property would be very likely also to mistake an traders. In the first place, the clause which enabled the com- exhortation no doubt meant to stimulate legislation for a direct missioners, in deciding a question of undue preference, to take into approval of the lawless disregard of private rights which seems to consideration whether any difference of charge complained of was be every day becoming more prevalent ? necessary for the purpose of securing traffic, has been amended by requiring the difference to be necessary for securing the traffic in the interests of the public, and by a proviso that the commissioners may direct that “no higher charge shall be made to any person in IT HAS FOR SOME TIME been looked upon as settled law that there respect of merchandize carried over a less distance than is made to can be no public right of fishing in non-tidal waters, even where another person for similar services in respect of the same descrip- the river in question is to some extent navigable (Pearce v. tion and quantity of merchandize carried over a greater distance on Scotcher, 9 Q. B. D. 162). In that case Mr. Justice Grove the same line of railway.” This, though it leaves everything to is reported to have said that the case was determined by authority, the discretion of the commissioners, is a great concession to the and, after referring to the “ rule” laid down in Hale De Jure traders, the proviso steering between the equal mileage rates Maris, and the Irish case of The Banne (Davis, 55), to have system and the system of preferential rates at large. In the semarked that the cases cited against the claim made on behalf second place, the controversy between the companies and the of the public were uniform and consistent with that rule. Under traders as to the charge for stations is met by a provision that, in these circumstances, at first sight, it is somewhat surprising to the new rates, when settled, “in the determination of terminal read a Bill recently brought in by Mr. BROADHURST, which recites charges regard shall be had only to the expenditure reasonably that “ doubts” have arisen as to the right of the public to fish in necessary to provide the accommodation in respect of which such such rivers and streams in England as are public highways, and were charges are made, irrespective of the outlay which may have been not“ in defence" in the reign of Henry II., and which proposes to actually incurred by the railway company in providing that ac-enact that they “shall have the right to fish in all rivers or streams commodation.” This is not very clearly expressed, but we take it which are public highways, or over or upon which the public have to mean that no charges are to be made to meet the interest upon free right of passage.” The only rights “ saved” by the Bill are the capital used to build the stations, but that charges may be those in existence in the reign of Henry II., and which have since made for keeping the stations and station appliances in proper been continued. As the Bill purports to be a declaratory one, it is working order. We expect to see this amendment further natural to inquire what grounds the promoters have for suggesting amended in the interest of the traders, and it is material to point that the law is doubtful, and why they refer to the reign of out that until the new rates come into effect—which may not be Henry II. The answer to the inquiry is given in an opinion of for some two or three years—the traders will have to pay for the a learned gentleman, which has been printed, in which, after going whole expenses of the stations. Such we take to be the effect of very elaborately into the early English law on the subject, he the interpretation clause, which defines " terminal charges” as in- forms the following conclusions:-(1) every river that is in fact cluding “charges in respect of stations, sidings, wharves, depôts, navigable for ships or boats is a " public river” and a highway; warehouses, cranes, and other similar matters, and of any services (2) an exclusive right of fishery is a royal franchise ; (3) the grant rendered thereat,” inasmuch as the Act is to be read as one with of any franchise of fishery is void by Magna Charta, c. 16, unless the Traffic Acts of 1854 and 1873. But the question, whether or the franchise was in existence in the reign of Henry II. He not the railway companies, pending the settlement of the rates to cites a considerable number of extracts from hundred rolls and be revised, are to become entitled to charge for stations, ought to other ancient authorities to shew that it was unlawful for a have been more directly faced.

private person to take possession of fisheries (even in fresh water) which had been public before. He does not say that the decision

in Pearce v. Scotcher is not law, but points out that it is not “THE GREAT and beneficent institution of property,” Lord consistent with our earlier law, and that the question has never COLERIDGE told the Glasgow Juridical Society last week, “rests been decided by an English Court of Appeal. The Bill, it would upon its general advantage," and he added that “the enjoyment appear, ought to one, not to declare, but to amend, the law. of property must rest on the same foundation.” Perhaps we may be permitted to respectfully hint that this is as trite as it is true. The learned speaker seemed to suppose that the distinction between the right of property and the mode of enjoyment of property was forgotten, which, considering


assembly of lawyers, does the case of Morgan v. Hardy (ante, p. 346, 18 Q. B. 1). 646), not seem to have been particularly complimentary 'to his recently decided in the Court of Appeal, raised a somewhat imhearers. But there another distinction which we do not find portant question of bankruptcy law.

We apprehend that the noticed by the learned Chief Justice in his address, and which principle of the decision will apply to the existing Bankruptcy is more apt to be forgotten. The mode of enjoyment of property Act, though the case arose under the repealed Act of 1869, the must be protected until the Legislature has altered it, however provisions of the two Acts, in pari materia, being very similar. much such enjoyment may seem to be opposed to the general ad The facts of the case were these. The assignee of a term of vantage. There is no point in which the English law has been years covenanted to indemnify the lessees against damages for more careful than this. The doctrine, so much laboured by Lord breach of a covenant to yield up the demised premises in repair at Coleridge, of the right of the Legislature to interpose and regulate the end of the term. Eight years before the term expired, the the mode of enjoyment of property, we needed no demonstration, but at the present day we should Bankruptcy Act, and obtained an order of discharge. The lessees have thought that the principle that no one is justified in tendered no proof in the liquidation in respect of the assignee's violating property or rights for the time being established possible liability at the end of the term upon his covenant torin may appear to be for the general good of the whole community, him in an action in respect of damages recovered against them bir might have been very usefully dwelt upon. Instead of this we the lessor for breach of the covenant to yield up the premises in find the Lord Chief Justice telling his hearers that the “country repair. belonged to its inhabitants, and the moment a fragment of the people set up rights inherent in themselves, and not founded on the that the claim of the lessees was barred under section 49 of the

It was held by the majority of the court (Bowen and Fry, L.J..) public good, plainly absurdities followed"; that "There were estates Bankruptey Act, 1969, by the order of discharge, because the in these islands of more than a million acrés, and it was plainly con effect of section 31 was to make the assignee's future and see in ceivable that they might grow much larger, and that ca 17A state tingent liability on his covenant for indemnity a debt provable in aside.” Did it not occur to the learned speaker that people who The Master of the Rolls unfortunately dissented, holding that ise mere handful of them, ought to be instantly and "absolutely set declaring it to be a liability incapable of being fairly estimatele are stupid enough to confuse the right of propertyhmishet me mode 1' sees a tizim was not barred by the order of discharge, because


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

June 4, 1887.

the assignee's liability was at the date of the liquidation proceed-
ings incapable of being estimated at all, and the provisions of THE AMENDMENTS TO THE LAND TRANSFER BILL.
section 31 did not apply to such a liability.

II. We cannot help thinking that the view taken by the majority of the court was sounder and more in accordance with the expediency application for a qualified title could be made. The process was to

4. Registration generally.—Under the Act of 1875 no direct of the case than that taken by the Master of the Rolls. One apply for an absolute title, and then to accept a qualified one. reason, and a very strong one for so deciding, seems to be New clause 22 enables the application for a qualified title t) be derivable from the well-known history of the law of bankruptcy made direct. and the general scope of the legislation in regard to this subject. This point is so fully developed in the judgment of Bowen, L.J.; flats or portions of houses held as separate freeholds, may be

By (new) clause 23 undivided shares in any lind or charge, and and the cases referred to by him, that it would be useless to dwell registered. Such interests would then appear to come under the upon it at length. One of the well-known objects of a law of compulsion clauses, especially as there is no such note to this bankruptcy is to give a bankrupt a fresh start in life. Under the clause as there is to the following one (24) that ench registration older enactments a bankrupt was left subject oftentimes to shall not be compulsory. If it be compulsory, the convenience liabilities which could not be proved in bankruptcy owing to their of the provision may be questioned. contingent nature; and we have always supposed it to be almost a truism that the general scope of the subsequent legislation was to

By (new) clause 24 (1) (f.) power is given to register rights of free a bankrupt in the most absolute manner possible from all way, water, light, and other rights attached to or in favour of

land, otherwise such rights could only be noted as against land The argument that appears to have weighed principally with the

(Act of 1875, s. 18). Master of the Rolls seems to have been that it could not be that tions is now made obligatory (clause 28 (1)), and power is given to the

The production of the certificate of title on all registered transacthe Legislature intended what, as a matter of business, would be board to compel its production by any person having it in his custody an absurd and idle formality to be gone through ; that, when the clause 28 (2) (3) and Act of 1875, s. 110). This is probably intended liability was obviously incapable of being estimated, it would be to effect the raising of the certificate of title into a more trustworthy useless to go through the ceremony of asking the trustee to put substitute for title deeds than it is now. an estimate upon it; and that the Legislature could only mean where the certificate was in the hands of a third party, coupled

The frequency of cases the provisions to apply when the machinery given by them was, in with the want of any power to compel its production under the the nature of things, applicable. We are not convinced by this argu-old acts, has unavoidably caused a practice to arise in the present ment, forcible as it may at first sight appear. shewn that it is not idle to apply the machinery given by the statute of title, therefore (of course) without any note or indorsement of

We think it may be registry of registering transfers without production of the certificate to the case of any liability however incapable of being estimated. the dealing being made on it. Thus the certificate is no evidence The broad object of the legislation is admitted to be to free the at all of the state of the title subsequent to the date of its first bankrupt as completely as is reasonably possible from all liabilities. issue. Under the Torrens' system its production is always insisted It is, however, recognized by the Legislature that, in the case of on; every dealing is indorsed upon it, and, in consequence, some liabilities, it may be so absolutely impossible from their where parties do not suspect actual fraud, a great deal of business nature to estimate them, that they cannot be provable, and is done on faith of the certificate alone, supplemented at most by therefore, ex necessitate rei, the bankrupt must remain liable. But how and when is this capability or incapability of being estimated a search for cautions, which can be effected by telegraph. It is to be ascertained ? It must either be ascertained at the time of probably the intention of this amendment to obtain the like results the bankruptcy or afterwards in the action brought to enforce the

The case of a married woman is provided for by new clause 32 as liability. We should say that on every ground it is more conve- follows:-She may be registered as proprietor ; 'if her husband is nient that it should be ascertained at the period of the bankruptcy entitled to the rents and profits he may be registered as joint

the period to which the possibility or impossibility of estimating proprietor, and in such cases, and only in such cases, she shall be
the liability has relation—than perhaps after a long interval at the
time when the action is brought. The circumstances with relation the usual registry rules will apply ; the husband, however, having

separately examined before making any disposition; on her death existing at the time of the bankruptcy. Again, there is this power to be registered as proprietor according to his interest. great advantage in having the question determined at the time is given (new clause 35 (3)).

Power to appeal to the court on a refusal of the board to register of the bankruptcy, that this enables the bankrupt to know how he stands. If it be determined that the liability can be proved,

5. Law of real property (Part IV.).—The alterations made are

as follows:--Husbands and wives surviving are to have the he starts again a free man ; if not, he knows, at any rate, of option of taking their curtesy, dower, freebench, &c., estates the possible liability, and is not left with an uncertainty hanging under the old law if married before the passing of the Act. The over his head.

The fallacy, if we may respectfully say so, of the Master of the somewhat arbitrary powers of valuing land given to executors for
Rolls' view appears to us to be that he assumes too much the exist- the (old) clause 31 (1) are now subjected to the “ prescribed pro-

appropriation in specie for satisfaction of legacies by
ence of an obvious absolute line of demarcation between liabilities visions” and an appeal to the court. Succession duty-the
that are capable, and those that are incapable, of being estimated. standing grievance of purchasers for many years—is at last to the
We doubt whether it would be found in practice that the incapa- dealt with in a summary manner, and the ingenious device of the
city of a liability for being estimated would be so certain and celebrated Chancellor of the Exchequer, by which every pur-
obvious à priori; and therefore great uncertainty might arise; chaser has been made to do the work of an Exciseman gratis, is
the hit biffa dificult question afterwards, in an fiction brought out considerably diminished in force. "Es new clause 44 (1) succession
the liability, to say whether it came on one side of the line or the tien it not declared on the register on first registration with absolute
should be determined at once upon the bankruptcy.
other. Surely it is obviously much better that the question title." (2) On the death of a registered owner the board are to

place a caution on the register for six months, and inform the Commissioners of Inland Revenue of it. (3) The caution can be renewed on application of the commissioners; but (4) only for two

years, unless they satisfy the board or, on appeal, the court, that they The following gentlemen have been proposed as candidates for election have been diligent in their endeavours to exact payment. The old 20.10. head in the week ending the atehere nunog amusi election, whices, clause 33 (2) relating to conversion of a base feointo a few simple Mirziyoy..., Mr. F. A. Bosanquet, a T., Mr. le pochvokelme. 2.2.4, case of base fees which had been sold presented much difficulty. 9. Bigby:Po, Mr. W. F. Robinson, 10.0., Mr. Montague. Cooksole, ny. Dog mer has been struck out ; these cases are not very common, and the

A curious little point which arose out of the abolition of the Buninime Pa Mr. E. Cutler, Q.C., and Messrs. Bargrave Deane, J. W. heir-at-law-namely, the effect of the word “ heirs.” in future landialities Underhill, H. b. Wright, and cakired Polym. Boligen en documents—is met by new clause 62, which provides (broadly)

that, where it is used as a word of limitation, it shall have its


che deza




present meaning; when used as conferring a beneficial interest on those of Mr. Sanders. Nor are we at all convinced by Professor a person or class of persons, it shall have its present meaning in Gray's reasoning, that conditions at the common law annexed documents executed before the Act, but shall mean “next of kin" to legal estates are within the Rule against Perpetuities (ss. 299– in future documents; and, when used in any other way, shall 303, pp. 213—216). The information which follows the last-cited mean “personal representatives.”

passage, shewing that the American courts are much of our opinion, is 6. Solicitors will be interested in observing the bearing of the learned author that his explanation of the origin of Lord Coke's

highly interesting. On the other hand, we cheerfully concede to the amendments on the employment of agents by landowners. New doctrine, that, on the dissolution of a corporation, there occurs a clause 53 (4) alludes to “ officers employed on behalf of the reverter to the donor, and not an escheat to the lord, is at least applicants for registration or other persons dealing with the Land exceedingly ingenious and plausible (s. 48, p. 35). But even upon Transfer Office," who are to be “remunerated by such fees by the those points in which we differ from Professor Gray we have derived parties as may be prescribed.” The words of the clause have much advantage from his careful and clear treatment, which never raised an apprehension that an opening is thus given for the fails to illustrate any subject with which he deals. In conclusion, as employment of agents other than solicitors to transact legal business a warning to any among ourselves who may be too eager to substitute for applicants. It may be, however, that the clause only con- security of settled authorities, we would call attention to the frightful

the conciseness of a new Act of Parliament for the more prolix templates the employment, at fixed rates, of some such persons as list of cases given at pp. 442—444, which are due to the recent the licensed surveyors who have so greatly facilitated the details labours of the American statute-mongers. “Since the


of the of registration under the Torrens' Acts; or even the accrediting of Revised Statutes,” says Professor Gray, “ there have been over one solicitors themselves to act for and as officers of the Land Transfer hundred and seventy reported case con questions of remoteness. Office in receiving and forwarding applications—a system which, if This enormous amount of litigation is, perhaps, as striking an illusit could be carried out, would be likely enough to prove a contration as could be found of the dangers attending radical legislasiderable benefit to the Land Transfer Office and the landowners

tion." also. The old clause 45 empowered her Majesty by Order in Council

MAGISTERIAL FORMULIST. to make district registries of the High Court, and any other offices A GENERAL FORMULIST FOR USE IN JUSTICES' CLERKS' OFFICES, created by Act of Parliament, to be auxiliary to the board. The INCLUDING THE CONSOLIDATED FORMS, 1886, THE FORMS FOR corresponding new clause (56) adds clerks of the peace, clerks INDICTABLE OFFENCES, AND SPECIAL FORMS FOR THE GENERAL of Land Tax Commissioners, clerks to justices, or registrars of

PRACTICE OF SUCH OFFICES. By TEMPLE CHEVALLIER MARTIN, county courts, to the list. This addition makes it appear

Chief Clerk of the Lambeth Police Court. Knight & Co. likely that an attempt will be made to utilize the local know The scope of this book is given in the title. It does not pretend ledge possessed by these personages, who, moreover, are mostly to be an absolutely complete collection of forms for use in magispolicitors. The provision will also enable a very large number of terial practice, but it contains all the forms in most ordinary use. local receiving officers, so to speak, to be created : the beneficial The forms given are, generally speaking, as far as practicable comresults of such a step, if such a step be contemplated, would prob- | justices, a petty sessional court, or other special description of juris

plete and ready for use, and provide for cases requiring two or more ably be considerable.

diction. The portions expressing alternative offences or portions This concludes the observations we think it advisable to make on

requiring to be altered are printed in italics, so as to call the atten. the amendments at this stage of the Bill. We have not adverted tion of the clerk to them at once. The forms are not usually to matters of minute interest, or to verbal difficulties except when for inserting a form of ordinary landlord's notice to quit under

unnecessarily multiplied, but we confess we do not see any reason thrown in our way from other causes, our object being to discover the Small Tenements Act, or heading such notice with the Royal and set forth, as far as possible, the general intentions of the framers Arms. The Rules under the Summary Jurisdiction Act, 1879, and of the amendments, leaving questions of exact detail, and even of the Employers and Workmen Act, 1875, are prefixed to the forms. construction also, to a later period, when the final form of the measure becomes more accurately known.



[To the Editor of the Solicitors' Journal.]

Sir, -Mr. Low’s revival of an idea many times broached seems to THE RULE AGAINST PERPETUITIES. By JoIIN CHIPMAN GRAY, invited during the last fifteen years to take an active part in forming

me to be worth consideration. I have myself been more than once Royall Professor of Law in Harvard University. Boston: Little, a City society, but I have held aloof, as the proposals hitherto have Brown, & Co.

been rather antagonistic to the Incorporated Law Society, which, I The learning and industry of Professor Gray are known to the think, is approaching the matter at the wrong end. lawyers of this country through his book on Restraints upon Alienation, But I have always been of opinion that the Law Society proper which was reviewed by us some time ago. The present work is of should be divided into two parts-namely, the tribunalistic and the larger extent, but deals with a closely kindred subject. The policy useful, and if a sort of City annexe to the latter could be formed I of the American law so nearly resembles, upon these points, the would willingly co-operate in purse and person. policy of the English, that even the later development of the former We City men certainly want a local library and a law club too, throws light upon the latter. Until the Declaration of Independence, within hail of the Bank of England. I mean for lunch only, as few trine of perpetuities is of such recent invention that many of its the Chancery-lane Club years ago but for its distance, a question, I most important principles remained at that date in a crude or seriously considered when the District Line opened and brought us embryonic condition. Professor Gray is as much at home when by train to St. Stephen's and other West-end clubs in less time and citing English authorities as when appealing to those of his own with less fatigue than one could walk to Chancery-lane.

Whilst I agree that a handy law library and club are desirable, some breadth of view, and some important details of information, I see no reason why any City man, because he cannot conveniently from the present work. The learned author is a man with the get to Chancery-lane, should needlessly attack the parent institution. courage of his convictions, and he speaks his mind with a refreshing There is room enough for all.

FRANCIS K. Munton. freedom from that creeping obscurity which seems always afraid to let the reader know what the writer really means. We shall not deny

95a, Queen Victoria-street, May 31. that we have found in his pages some propositions from which we dissent. We do not agree with his opinion that “the Statute Quia Eimptores put an end to qualified fees” (s. 36, p. 25). The fact,

TIIE NEW CHANCERY JUDGE. stated by the learned author, that “Mr. Sanders was the first author

[To the Editor of the Solicitors' Journal.'! position, is enough by itself tochaste tome siuspicidy upon its correct - chancery judge, sort tomatenta lagta hate the ofices of the chancery tarihe

Sir, — It seems to me that there is no power to appoint f ning very probable that so important an operation of the statute

masters and registrars with the offices of the chief clerks of the hợden from the eyes of all men, to be revealed only then its it is to be hoped that the Government will not jeopardize å

ness ; for




[ocr errors]

When the ruins were removed, the sum of 200,000 francs was found / corporation a dividend of 20s, in the pound, and to pay a moiety of ally

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

Bill for the appointment of the needed additional chancery judge
by attempting to make such appointment conditional on their being

able to carry the amalgamation scheme.
I proved in your issue of the 19th of February last that the annual

KNIGHT v. COALES—0. A. No. 1., 27th May.
profits in the chancery taxing masters' offices amounted to £14,000 a PRACTICE-COMPULSORY REFERENCE-Matter of Mere Account-Refer-
year. Is not that fund sufficient to pay for the additional judge ? ENCE OF OTHER Issues—COMMON LAW PROCEDURE Act, 1854, s. 3.-
Surely it is.

JUDICATURE Act, 1873, s. 57. With reference to the amalgamation scheme, I would suggest In an action to recover £53 arrears of rent of a furnished house, let by that the whole matter, when formulated by the committee now the plaintiff to the defendant, and £38 for dilapidations and breakages, sitting, should be submitted by the Lord Chancellor to the Council of the defendant, as to the rent, pleaded that the plaintiff agreed to accept a the Incorporated Law Society to consider, and that a meeting of new tenant in place of the defendunt at an increased rent, and to take the the members of the society should be convened to discuss the arrears of rent out of the increased profit rental, and denied that there same and report their views thereon through their council. To were any dilapidations. The judge at chambers, on the application of the attempt to pass an Act of Parliament without that being done would, plaintiff, referred the whole cause to the official referee for trial, under I believe and hope, be futile.


section 57 of the Judicature Act, 1873, on the ground that part of it was a Upper Holloway, N.

matter of mere account within section 3 of the Common Law Procedure Act, 1854, and this order was affirmed by the Divisional Court. The defendant appealed, and the question was argued whether the court has jurisdiction, where part only is a matter of mere account, to refer the whole matter under section 3 of the Common Law Procedure Act, 1854.

Clow v. Harper (26 W. R. 364, 3 Ex. D. 198), Ward v. Pilley (28 W. R. NEW ORDERS, &c.

937, 5 Q. B. D. 427), and Martin v. Fyfe (49 L. T. N. S. 107) were cited.

The Court, after taking time to consider, affirmed the order. Lord RULES OF THE SUPREME COURT, MAY, 1887.

ESHER, M.R., said that it was unnecessary to consider whether the whole

matter could be compulsorily referred under section 3, as it was clear 1. Originating summonses may be sealed and issued in the district that, where some of the issues were matters of account, the court could. registries of Liverpool and Manchester respectively, and appearances under section 57 of the Judicature Act, 1873, send all the issues in the thereon shall be entered in the same respective registries; and the

cause to the official referee for trial. Fry and LOPES, L.JJ., said that, if provisions of the Rules of the Supreme Court, and in particular of the matter consisted in part of matter of mere account, the court had Order LV., Rules 20 and 23, shall be applied accordingly.

jurisdiction, under section 3 of the Common Law Procedure Act, 1854, to 2. Petitions presented in the district registries of Liverpool and If Cockburn, C.J., in Clow v. Harper, meant to say that in such a case

refer either the part that was matter of mere account or the whole matter. Manchester respectively, and requiring answer, shall be answered in there was no jurisdiction to refer the whole matter, they could not agree the name of one of the district registrars of the same respective with him. Their construction of the section was consistent with all the registries; and the Rules of the Supreme Court, and in particular cases. The discretion to refer the whole matter, however, should be Order LXII., Rule 18, shall, as regards such petitions, be construed exercised with extreme caution, as the matter of account should not be as if the district registrars of Liverpool and Manchester respectively subordinate to the other issues, but should be a substantial issue in itself. were mentioned in place of the registrars of the Chancery Division. -COUNSEL, Lumley Smith, Q.C., and C. A. Reeve; Channell, Q.O., and

3. These rules may be cited as the Rules of the Supreme Court T. W. Chitty. SOLICITORS, R. Wells ; Harvey & Capron.
May, 1887, and shall come into operation on the sixth day of June,


REIGATE UNION_C. A. No. 1, 25th May.


Divided PARISHES Act, 1876 (39 & 40 Vict. c. 61), s. 35.

Special case stated under 12 & 13 Vict. c. 45, s. 11, on appeal against an

order adjudging the pauper, a child under the age of sixteen, to be Edw. FRY, LJ.

legally settled at Penge, in the Croydon Union. The pauper was the C. E. POLLOCK, B.

daughter of Richard Scully and his wife, Emma Scully. Emma Scully HENRY MANISTY, J.

was born in the parish of Reigate, in the Reigate Union, which was her May 26, 1887.

maiden settlement, and she never acquired any subsequent settlement in her own right. Richard Scully, whilst resident with her, acquired a

settlement in Penge, in the Croydon Union, and soon afterwards left for HER MAJESTY S JUBILEE.

Gibraltar, where he was joined by his wife, who resided there ever since.

Richard Scully died at Gibraltar. The Divisional Court (A. L, Smith and RULE OF THE SUPREME COURT AS TO COURTS AND OFFICES. Grantham, JJ.), following the decisions in Maidstone Union v. Holborn

Union (17 Q. B. D. 817) and Kingsbridge Union v. East Stonehouse (18 It shall not be necessary for the Court of Appeal or the High Q. B. D. 528), quashed the order, holding that the pauper child took the Court of Justice to sit, or for the several offices of the Supreme Court settlement of its widowed mother in the Reigate Union. to be open, on Tuesday, the twenty-first day of June, 1887, being the The Court of APPEAL (Lord Esher, M.R., and Fry, L.J.) affirmed this day on which the completion of fifty years of Her Majesty's reign is decision. They said that in section 35 of the Divided Parishes Act, 1876, to be celebrated.

the word “wife” did not include a widow. Hence a widow did not take (Signed) HALSBURY, C.

her deceased husband's settlement. As to a child under sixteen, the COLERIDGE, C.J.

section said that it was to take the settlement of its father or of its ESHER, M.R.

widowed mother, as the case might be. That meant that, if its father

were alive, it was to take his settlement; if the father were dead and its JAMES HANNEN, Pres. P.D.A.

mother alive, it was to take its widowed mother's settlement. The NATHL. LINDLEY, L.J.

widowed mother did not retain her deceased husband's settlement, but EDW. FRY, L.J.

reverted to her original settlement. Hence in this case the child took its C. E. POLLOCK, B.

widowed mother's maiden settlement in the Reigate Union.—COUNSEL, HENRY MANISTY, J.

Charles, Q.C., and Burleigh Muir ; Bosanquet, Q.C., and Mead. SOLICITORS, May 26, 1887.

Morrisons, for G. C. Morrison, Reigate; West, King, Adams, f: Co.

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


May. nie, is stated that at the adjoumed inquest at Ipswich on Thursday (see Company-- Wixping up-Sale or ASSETS-SETTING ante, p. 449), being the fourth occasion on which the jury had met, they


SANCTIONED IN CHAMBERS-COMPANIES Act, 1862, s. 95. having on previous occasions refused to act unless the coroner withdrew This was an appeal from the decision of Chitty, J. (anle, p. 493). The bis decision excluding from the proceedings the representatives of the Oriental Bank Corporation was being wound up and the liquidator Leird Chancellor, upholding his view as to the exercice of the coroner's assets to a company called the Assets Realization Co. at such a price as ad Diano Marino, will shortly be decided before an Italian court. Two formed to carry on the business of the old corporation, moved to discharge

Diantated that a case, which has arisen out of the recent earthquake pound. Chitty, J., in chambers, manctioned this eagreement. "Anothie adjoining houses at Diano Marino belonging to two different families were destroyed by the earthquake, and the inhabitants were all killed,

or vary the order, offering themselves to pay the creditors of the old among the débris. It was impossible to ascertain to which house the surplus of the assets to the shareholders in the old corporation. Chitty,

contract which had been canctioned in chambers, merely because a better offer had since been made. Such a practice would be most pernicious

discretion in allowing publicity.

the ownership of the money.

« PreviousContinue »