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MILNER'S SAFES.

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SOLICITORS. A fine Suite of Offices

REVERSIONARDED and UNDEE PROINTE

LAW. STATIONERS. PRINTERS, and capitalized.

NOI

ORTHERN ASSURANCE COMPANY. MILNER’S,

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GROUND FLOOR: -Fine large Premises

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Law Copying and Engrossing.

to the advantages of his long experience of upwards of ness, Lochawe, Skye, Gairloch, Staffa, Iona, Glencoe, forty years, in the special insertion of all pro forms

notices, &c., and hereby solicits their continued support. – N.B. One copy of advertisement only required, and the

strictest care and promptitude assured. Official stamped the owner, DAVID MACBRAYNE, 119, Hope-street, | forms for advertisement and fle of “London Gazette"

LAW OPELBSKO PRAYER SALON Tellitois THE MORTGAGE, INSURANCE COR

Proposed to hold another Social and Religious Meeting in London for Barristers and Solicitors, and AMOUNT OF CAPITAL SUBSCRIBED, £710,000 their Clerks only, on THURSDAY EVENING, JUNE 16th, 1887, Mr. ARCHIBALD in the Chair. Any Gentlemen

Offices of the Corporation

MILNER’S Strong, Holdfast, & Fire Resist

Winchester House, Old Broad-street, E.O. in the Legal Profession, or their Clerks, who desire to attend, or will assist in inviting others, are reRt. Hon. E. PLEYDELL BOUVERIE, Chairman.

ing Safes & Banker's Strong Rooms. Sir SYDNEY H. WATERLOW, Bart., Deputy-Chairman. quested to apply to Mr. H. O. NISBET, 85, Lincoln'sinn-fields.

Policies are now being issued by this Corporation
insuring Mortgages of Freehold and Leasehold
Property, holders of Mortgage Debentures and MILNER'S DEED BOXES

For Lawyers
Debenture Stock, against loss of principal and in-

trom 4 8 IF Foto 19,06_berore applying elsewhere see Mr. terest.

MILNER'S SAFES O. CLIBURN, personally if possible, 43, Great Tower These Policies will be of especial advantage to

For Lawyers, specially fitted street. Trustees who may be held responsible for losses

with japanned boxes from 8 16 consequent upon their Investments.

MILNER'S SAFES
Mortgagors insuring with the Corporation will

and other aigo be enabled to obtain Advances at the lowest DUCATION.–To Solicitors

8 16

For Books and documents Professional Men and Gentlemen of Limited In- possible rate of interest.

MILNER'S SAFES come.-A few boys, sons of the above, are admitted The Corporation also grants Policies to Lease

For Church Plate ...

19 5 into a well-known School of high tone on greatly holders insuring the return of the Amount invested

MILNER'S SAFES reduced fees.-For full particulars address, in strict at the expiration of their leases or at any fixed

For Jewellery

16 10 confidence, “MU," care of Messrs. Relfe Bros., 6, periods. Charterhouse-buildings, Aldersgate, City, E.C.

For particulars and conditions of Insurance apply MILNER'S SAFES
to the Secretary.
By order,

For Registrars, specially
JAS. C. PRINSEP, Secretary.

fitted

160

MILNER'S SAFES (three or five Rooms) to be Let, at New Stone

For Bankers... and

52 5 buildings, Chancery-lane, close to the Law Courts and the Chancery-lane Safe Deposit; lighted by

MILNER'S SAFES electric light; every convenience; moderate rent. or other Securities and Annuities PURCHASED, or Loans

For Diamonds

68 4 Use of elegant Arbitration Rooms in same Building or Annuities thereon granted, by the EQUITABLE RE.

MILNER'S SAFE DEPOSITI

. 5,0000 at reduced Terms.-Apply at the Collector's Office, in VERSIONARY INTEREST SOCIETY (LIMITED), 10, the Hall of 63 and 64, Chancery-lane.

Lancaster-place, Waterloo Bridge, Strand. Established
1835. Capital, £500,000. Interest on Loans may be ILLUSTRATED DRAWINGS AND ESTIMATES FREE
F. S. OLAYTON, Joint

BY POST.
Others.--Convenient Premises to be Let in

0. H. CLAYTON, 3 Secretaries Chancery-lane, in a fine building close to the Law Courts and the Chancery-lane Safe Deposit; lighted

MILNER'S, 28, Finsbury-pavement, E.C. by electric light, and fitted with every convenience;

28, Market-street, Manchester. moderate rent. - Apply at once at the Collector's

Established 1836. Ofice, in the Hall of 63 and 64, Chancery-lane, W.C.

MILNER'S,

8, Lord-street, Liverpool. LONDON: 1, Moorgate-street, E.O. ABBRDREN: 1, Union-terrace.

MILNER'S, Phoenix Safe Works, Liverpool.

INCOME & FUNDS (1885) :to be Let in Lincoln's-inn-fields; well suited to

Fire Premiums

£577,000

PARTRIDGE & COOPER.

191,000

Life Premiums ... Solicitors, Barristers, Law Stationers. and others desiring to be near the Law Courts; splendid situa

Interest...

132,000 tion; moderate rent.

LAW AND GENERAL STATIONERS,
Accumulated Funds
Apply to Attendant, 3 and

$3,134,000 4. Lincoln's-inn-fields; or at the Collector's Office, in

1 & 2, CHANCERY LANE LONDON E.C. the Hall of 63 and 64, Chancery-lane.

ESTABLISHED 1851.

I R K B EO K BANK. Rooms in a fine building close to the Law THREE per CENT. INTEREST allowed on Courts, the Patent Office, and the Chancery-lane DEPOSITS, repayable on demand.

Deeds and Writings engrossed and copied on the Premises Safe Deposit; lighted by electric light, and with TWO per CENT. INTEREST on CURRENT

with punctuality and dispatch, at the lowest scale of every convenience; moderate rent; well suited for a

charges. A good Discount allowed on agreed accounts ACCOUNTS calculated on the minimum monthly solicitor, law stationer, or patent agent.--Apply at balances, when not drawn below £100.

LAW PRINTING,
the Collector's Office, in the Hall of 63 and 64, Chan. The Bank undertakes for its Customers, free of
cery-lane.

STATEMENTS OF CLAIM AND DEFENCE, AFFI
Charge, the Custody of Deeds, Writings, and other
Securities and Valuables; the collection of Bills or

DAVITS, and other PLEADING, Printed at 1s. por folio.
Exchange, Dividends, and Coupons; and the purchase

DEEDS, CONVEYANCES, MORTGAGES, &o., Printed

in form for Registration, and sale of Stocks, Shares, and Annuities. Letters of New Law Courts, to be Let in a newly-erected Credit and Circular Notes issued,

Discount allowed for cash on agreed accounts. and handsome building; rooms, £10 to £30 per annum; The BIRKBECK ALMANACK, with full particusuites at a reduction.-Apply, New-inn-chambers, lars, post-free, on application.

LITHOGRAPHY, Strand (pearly opposite New-inn); or to Messrs.

ABSTRACTS,

DRAFTS

BRIEFS,
FRANCIS RAVENSCROFT, Manager.

PETITIONS,
COLLINS & COLLINS, Surveyors, 14, Cockspur-street,

MINUTES OF EVIDENCE, Lithographed Pall Mall, S.W.

at reduced prices.

PLANS OF ESTATES, SPECIFICATIONS, BUILDto announce that their Sales by Auction of ING SOCIETIES' DEED'S, LEASES, &c., Lithographed

with accuracy and dispatch. and Well-lighted Offices and Chambers to be Let at Lonsdale Chambers, No. 27, Chancery-lane and Fridays. &c., are held on Mondays, Wednesdays, Thursdays,

PARCHMENT AND LEGAL PAPERS (opposite the New Law Courts). Also large, wellfurnished Rooms for Meetings, Arbitrations &c.The attention of Solicitors, Executors, Trustees,

Samples and Catalogues sont post-free. Apply to Messrs. LAUNDY & Co., Chartered Account for the disposal of Property of deceased and other

and others is particularly called to this ready means ants, on the premises.

clients.

In consequence of the frequency of their sales
HAMBERS for CITY GENTLEMEN!

Messrs. J. & D. are enabled to include large or small
quantities at short notice (if required).
Sales of Furniture held at private houses.
Valuations for Probate or Transfer. Terms on ap-

The Companies Acts, 1862 to 1883.
plication to the City Auction Rooms (established Every requisite under the above Acts supplied on the
TLEMEN!
1793), 38 and 39, Gracechurch-street, E.C.

Bhortest notice.
Meers. Johnson & Dymond beg to notify that
their Auction Sales of Wearing Apparel, Piece
Goods, Household and Office Furniture, Carpets,

Tho BOOKS and FORMS kept in stock for immediat

180.
Bedding, &c., are held on each day of the week
VEMPLE CHAMBERS (Residential and
T!

MEMORANDA and ARTICLES OF ASSOCIATION
Saturday excepted).
Official).-Adjoining the Temple, close to the

speedily printed in the proper form for registration and Royal Courts of Justice, Lincoln's-inn, and the

distribution. SHARE CERTIFICATES, DEBENTURES,

YACHTING CRUISE TO THE LAND OF THE Strand, and within five minutes' walk of the City;

&c., engraved and printed. OFFICIAL SEALS designed

and executed. No Charge for Sketches.

MIDNIGHT SUN. central and quiet, with immediate rail and omnibus conveyance to all parts of town. Hydraulic lifts, heating by steam - radiators,

Solicitors' Account Books. perfect

THE Splendid Steam Yacht “ CEYLON,”

sanitary arrangements, &c. Rents of remaining rooms to let,

2,200 tons register, will leave Gravesend on June from £20 to £90. Suites, £100 to £250.-Apply to the

9th and July 9th for a Twenty-five days' Pleasure Secretary or the Steward, on the premises, Temple

Cruise to the beautiful Norwegian Fjords and the
Chambers, Temple-street, E.C.

North Cape; and on August 6th for a Fourteen days'
Oruise to the Fjords and Moldé, keeping in smooth

(Late ASH & FLINT),
water inside the Islands.-For particulars of these and

Stationers, Printers, Engravers, Registrativa Agents, and Fine Art Auctioneers, 47, Leicester-square

49, FLEET-STREET, LONDON, E.C. (Curder London, W.C., beg to inform Executors, Trustees,

of Sorjeants’-inn). Solicitors, and the Trade, that their Season

Annual and other Returns Stamped and File disposal by Auction of Libraries of Books and Music,

VLASGOW and the HIGHLANDS (Royal LONDON and COUNTRY with the Fine Arts, Musical Instruments, and all descriptions of Valuable Property, will commence on

Route viâ Crinan and Caledonian Danals).

OFFICE.-No. 117, CHANCERY LANE, FLEET

STREET.
Royal Mail Steamer COLUMBA or IONA from
October 17, and that their warehouses are open daily | Glasgow Daily at 7 a.m., from Greenock at 9 a.m.,
for the reception of goods consigned to them for sale.

ENRY GREEN, Advertisement Agent, Messrs. P. & S. will hold several important Sales during the Season, and will include small properties

Steamers, passengers for Oban, Fort-William. Inverin appropriate Sales, thus affording the same advantages to small as to large consignments. Libraries

Stornoway, &c. Official Guide, 3d.; Illustrated, 6d. and other properties catalogued, arranged, and valued

and 1s., by post, or at W. H. Smith & Sons' Railway for Probate and Legacy Duty, or for Public or Priyat

Bookstalls.* Time Bill with Map and Fares free from
Sale.
Clasgow.

kept. By appointment.

OFFICES and OHAMBERS, close to the

AUTHORITY,

CHAMB
CHAMBERS and OFFICES COMBINED

RICHARD FLINT & CO.

MESSERS, PUTTICK & SIMPSON, Literary subsequentonituises in Pub, O MANAGER, Yacht

SUMMER TOURS IN SCOTLAND. LONDON GAZETTE (published by authors Les En savings Paintings, and other works connected GI

519

592

598

592

CASES REPORTED THIS WEEK.

fections—is deliberately and carefully criticized and considered. In the Solicitors' Journal. Evans, In re, Evans v. Evans...... 586

And we may add once more, as we have said before, that the Harris v. Rothwell

681 best thing which could happen would be that the Bill should this Phillips, Ex parte, Re Watson 528 Hope v. Croydon and Norwood

session be referred to a Select Committee, and that next session it Wallasy Local Board v. Gracey 528 Tramways Co.

594 Walsh v. The Darwen Paper Mills Lady, Hastings'. Estate, In re, should be split into two Bills—one dealing with the changes in Oo.....

528
Hallett v. Hastings

584
Mayor, &c., of Manchester V.

the law of real property, and the other devoted to registration ; In the Weekly Reporter.

Hampson

691 both redrafted, and the latter consolidating such portions of the Act

Morgan v. Hardy and Another; Blakey v. Hall..

Fothergill (Third Party)

of 1875 as it is considered desirable to retain. With regard to the Brindley, Ex parte, In re Brindley 596 Parker, Ex parte, In re Chapman.. 595 other matters above referred to, we are glad to find that the whole British Mutual Banking Co. v.

Charnwood Forest Railway Co.. 590 Thomas v. Exeter Flying Post Co. 694 profession is at our back. At the same time, we question the
Burrows v. Holley
Yorkshire Banking Co. v. Mullan.. 593 expediency of opposing ultimate compulsion after the system has

been well tested. The authorities in both Houses of ParliaThe Solicitors' Journal and Reporter. mentre believe inget one this feature of the Bill, and to LONDON, JUNE 11, 1887.

true course seems to us to be to urge the postponement of

compulsion until the system has been thoroughly tried. CURRENT TOPICS. WHEN WE SUGGESTED in January last the main outlines of the festivities of this week, we expressed an earnest hope that the enforced and developed the important suggestion which we recently

THE PAPER read by the president at the meeting on Tuesday entertainment would be carried out in a manner worthy of the discussed—viz., that the membership of the Incorporated Law occasion which gave rise to it. That hope has been fully realized, Law Society should include every solicitor on the rolls.

In and the future historian will have to chronicle the solicitors' celebration of the Jubilee as among the most successful organized by that the result of a measure making membership, compulsory

one respect the president cleared the way by his statement any class of the community. But there is another more important aspect of the matter. The result of the entertainment, judging who are not at present members of the society; an increase of

on every solicitor need not impose any serious burden on those from the expressions which have reached us, has been to evoke a the fee now paid to the society as registrar of solicitors—which cordiality of feeling on the part of the country solicitors towards increase need not be of large amount-was, he thought, all that the Incorporated Law Society and their London brethren which has not before existed. And this has occurred at a time when it would be requisite, and that increase could be made to constitute is most essential that solicitors throughout the kingdom should be membership without any further annual subscription. We underprepared to act in unison, and that the hands of the society should stand the suggestion to be that subscriptions eo nomine shall be be strengthened in every possible way.

abolished for all members, and that every solicitor, paying an

We think that the increased fee to the society as registrar of solicitors, shall become guarantors to whose generosity the entertainments are due may well feel that their expenditure has been fully rewarded.

a member of the society. That is a proposal the feasibility of which it is difficult to discuss without the data on which it was

founded, but we venture to think that before it can be adopted the THERE IS REASON to believe that the order permitting the courts council of the society will have to reconsider their refusal to set and offices to be closed on the Queen's Jubilee day, wil be carried their faces in the direction of pressing for a reduction in the cerout by a total cessation of business in all the courts and offices on tificate duty. If they could base their proposal for a moderate inthe 21st inst.

crease of the registrar's fee on the ground that they were using, and would continue to use, their influence to procure a reduction of the

certificate duty, it would obviously have a better chance of acceptTHE RULE relating to petitione presented in the district registries ance by the two-thirds of solicitors now outside the society. But of Liverpool and Manchester (which we printed last week) will there are other points besides the question of payment which will introduce the registrars of those districts to a practice which, to have to be settled before membership of the society can be rendered them, will be entirely new,

There are sundry regulations scattered obligatory on all solicitors. What are to be the relations of the over the rules of court relating to the time to elapse between the Incorporated Law Society and the local law societies ? Before all presentation and the hearing of various classes of petitions and the members of all these latter institutions are made compulsorily to the requirements to be complied with on presentation. These, members of the London society it would seem that some scheme together with the practice adopted by the chancery registrars should be propounded for a closer bond than at present exists with regard to petitions, will have to be carefully studied in order between the chief society and the local societies. to avoid complications.

ON ANOTHER POINT the President's paper contained matter of Mr. MARKBy hit the nail on the head when he remarked, in his extreme value and interest to the profession, relating to the exeraddress on Tuesday, that what is to be apprehended with regard to cise by the society of its disciplinary functions over solicitors. the question of land transfer is not factious opposition by the legal The most prominent point in his statement is the enormous increase profession, but that the pressure put upon the Government for a which has taken place in the magnitude of these functions in the large and liberal' measure of land reform may lead to the course of a very few years.

The President said that in 1873 there hasty passing of a measure“ which will only add another to the was an average of one complaint a week with regard to the connumerous failures upon this subject." It is this apprehension duct of solicitors, while at the present time the cases presented for which has led us frequently to urge that the Bill now before the consideration of the Discipline Committee average from thirty Parliament should be held over till next year, and that voluntary to forty a week (including, however, applications for exemption registration should be tried in each district before compulsion was from the preliminary examination and applications relating to unattempted, and to suggest that combined action should be taken qualified persons). A large part of this increase, of course, to secure postponement of compulsion. As regards the first is due to the additions made in recent years to the number of matter, the information which reaches us tends towards the con- solicitors, and to the fact that the remedy by complaint to the have some reason to believe that, even if the Bill should scrape case ; but the state of things disclosed by the President affords through this session, no steps will be taken to form any registra- matter for very serious consideration, especially when coupled mest session. It is as well to speak plainly, and therefore we served on the Discipline Committee can conceive the number of say that the credit of the Lord Chancellor" is involved in the complaints which are made that a certain class of solicitors allow excess of the measure ; but that success will depend on the unqualified persons (usually clerks who have had experience in the

after office of a solicitor) to practise in their name, on a division of profit amendments amounting in bulk to a fresh Bill, still full of imper-or some other arrangement, in which the delinquent solicitor is

interested”; and with the practice to which Mr. Justice FIELD fers, but the regulations now in force as to this branch of the alluded in a case we reported last week of “people practising as business will have to be altered as much as the requirements on solicitors, occupying a position of trust towards the public, with first registration are proposed to be altered, or they will break the names of uncertificated and irresponsible persons over the down under the weight of business.” Supposing a central district doors," which we have some reason to suppose is not so infrequent conterminous with the Metropolitan police district, and proceeding as it ought to be. The result of this increase of disciplinary on the average shewn by registrations of deeds in Middlesex, there cases is to render the present system of dealing with them would be in that office alone about 100,000 dealings to register altogether too cumbrous. The

expense attending the fre- per annum-over 300 in each working day-independent of first quent applications to the court has become a serious item in registrations, so that rules which may have worked without the accounts of the society, and the time of the judges and difficulty "when the documents to be registered were one or two in masters is unnecessarily occupied in hearing the cases. We a week will cause a hopeless block when transfers have to be recently suggested that the functions now exercised by the court registered at the rate of hundreds a day.” It may be doubted should be vested in the society, subject, of course, to a right of whether one or two deeds a week are all that the present office has appeal, and it will be seen that this course is urged in the to register-two or three a day would, we believe, be nearer the President's paper. We think that no one who is acquainted with mark—but the general force of the observation remains neverthe manner in which the council have dealt with disciplinary theless unshaken. cases under their limited functions can entertain any doubt of the absolute fairness with which a more extended jurisdiction would be exercised, while the gain in prompt removal of unworthy WE DISCUSS elsewhere the careful and able report of the Commembers of the profession, and in the stamping out of unpro- mittee of the Incorporated Law Society on the Land Transfer Bill, fessional practice, would be enormous.

also Mr. HUNTER's paper; but we may here draw special attention to the replies of the country law societies to the queries addressed to them by the committee. Stated briefly, the general opinion

appears to be in favour of the scheme of the Bill, assuming that MR. JOHN Hunter's paper on the Land Transfer Bill travels registration of title is to be adopted; but three-fourths of the over the same ground, to some extent, as that treated by the re- replies are against compulsion. There is a general apprehension port of the Committee of the Incorporated Law Society, which we that the mass of work falling on the registries will be so overdiscuss elsewhere ; but it suggests also the following further con- whelming as to cause intolerable delay unless the districts are siderations, which appear to us well deserving of attention. The small and the local knowledge of practising solicitors is utilized. old schemes of 1862 and 1875 are almost always spoken of as On the subject of the confirmation of titles opinion is divided, but having broken down owing to the initial difficulties of getting titles generally adverse ; and that the plan of settling boundaries will onto the register in the first instance, which were, no doubt, very not work well is the opinion of 11 against 1 “yes” (Sunderland) great. But Mr. HUNTER also usefully points out that the diffi- and 1 "yes, but with doubt.” With regard to the insurance fund culties did not cease after a title was once registered, and he gives opinion wavers, but there seems to be a general impression that three instances from his own experience of difficulties in dealing the premiums proposed to be charged are too high. Strong objec, with property on the register that would not have arisen with tion is taken to the composition of the Land Transfer Board, and unregistered property. The result of this particularity and want to resting the power of making rules in the Lord Chancellor alone. of elasticity not only deterred people from putting their titles on to As to the proposed changes in the law of real property, there are only the register, but induced them to take them off. We have pointed 3 noes out of the whole set of 21 answers to each of 3 questions out, in our articles on the Land Transfer Bill, that the establish- put. Opinion is practically unanimous that registration must involve ment of the insurance fund may afford the means of enabling the increased cost and delay. The Birmingham Society remark that office practice to admit the desired elasticity, and so remove a por- there are about 5,000 sales and mortgages in a year in their town, tion, at least, of these objections. Mr. Hunter then goes on to of which four-fifths are under £1,000 and more than half under consider what appears to him the most likely line of development £500, and that the additional cost and delay will be felt to be for practice under the Bill—the possessory title. “As registration is oppressive. As regards first registration this must necessarily to be compulsory, everyone applying for it will naturally apply for be true, and our readers will find in a previous issue of this journal what costs least money and time-namely, a possessory title.” (ante, p. 407) an approximately accurate estimate of the increased With this we do not entirely concur. It is not yet clear that costs likely to be incurred. But whether it will be so in the case absolute titles will not be granted under the new system on of dealings after first registration depends on the question how far sufficiently easy terms to induce landowners (who are compelled the whole work of transfer will be done in the office, and on the to incur some expense) to add a little more in order to get a greatly remuneration to be allowed to solicitors. The important ques; superior article. The large inronds now made on the theory of tion is whether solicitors

are to be sacrificed to avoid the "absolute title” are next considered. These are : "That a clamour as to the office fees. On this last question, to which person with a certificate of an absolute title may, if he is first we drew attention on the introduction of the Bill, we find registered owner, have pay compensation to a former dis- no reference, either in the report of the committee or in the possessed proprietor; or, if he is a purchaser from a prior analysis of the replies of the country law societies, further than registered owner, he may have to fight for his title in court, and, if the suggestion in the former that the solicitor's remuneration from the insurance fund." An attempt is then made to estimate neration Act. Delicacy in pressing personal considerations of this and errors on the register, and the yearly average loss of regard to the Lord Chancellor's condemnation, in his speech at the similar causes is cited in illustration. We would submit, how- regardless of their own interests," is it not time that solicitors ever, that the estimate thus formed is too high, and that the should begin to interest themselves somewhat in the question what statistics of the Australian assurance funds (quoted ante, p. 4079 their remuneration is to be on dealings with land after the first region form a more trustworthy guide ; our reasons for that opinion will tration ? We are glad to find that Mr. B. G. Lake, whose labours in added that, as “ the Bill practically abandons the attempt to cons of the profession, is apparently fully alive to this question he Leite respect, the wording of it were made to correspond with the fact, Chancello ' did not intend to alter the position solicitors at present and the principle of a guaranteea title be substitute in fame e occupied, he intimatete that the Council must « press very earnestler. really by far the most important permanently, though to make no doubt knows tabe vete rasteve do that the strength of the difficulties involved in first registrations more registered transfers parintést pressing. otw eu Venture to say that, as matters star dele

The Bill contains no new prestitions as to rent in the areas. ) present, es probable recente solicitors of the passing of the

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Land Transfer Bill will be, first, a considerable increase of profits,
but subsequently a most unreasonable and unnecessary diminution." THE REPORT OF THE COUNCIL OF THE INCOR-

PORATED LAW SOCIETY ON THE (AMENDED)

LAND TRANSFER BILL.
SOME SURPRISE will in all probability have been occasioned by repetition of a report drawn up by the society at the request of the

This very important document is, to a considerable extent, a
the ruling of Mr. Justice Butt in Gornall v. Mason (12 P. D: 142); Lord Chancellor shortly after the introduction of the original Bill.
In an action for revocation of the probate of a will, granted about The present report is, however, a more complete one in two or
seven years ago, the defendant was unable to produce one of the three ways than the former ; it is fortified, for instance, by the
attesting witnesses, notwithstanding that every effort had been opinions of twenty-one provincial law societies which were not to
made to find him. Mr. Justice Butt thereupon admitted, as hand when the original report was sent in ; it extends to the large
evidence of execution and capacity, an affidavit which had been
made by the missing witness in 1879 in support of the probate in body of amendments which have been introduced in Committee of
the district registry, basing his decision upon R. S. C., 1883, the House of Lords, and the introductory portion has been con-
ord. 37, 1. 1, which empowers the court or judge " at any time siderably amplified. It was adopted by the council on the 2nd

inst.
for sufficient reason to order that “the affidavit of any witness
may be read at the hearing or trial.” No order had been made

The introductory portion addresses itself to three principal
for taking any part of the evidence by affidavit, and it was argued, points-1, Is compulsion necessary ? 2, How will it affect the
in opposition to the admission of the evidence, that even the death expenses of next sales, &c.? and, 3, Would not guaranteed title
of the witness would not have rendered his affidavit admissible, be a better system thun indefeasible title? With reference to .
and that the rule was applicable only to an affidavit made during compulsion, the council point out that, “if a system of registra-
the progress of an action; but the learned judge, while feeling will be because it has not been made suitable to the requirements

tion cannot be worked except under pressure of compulsion, it "great doubt and hesitation,” expressed " a strong feeling” that, of the country." That this is not a merely obstructive criticism' after so long an interval, it would be “a great injustice” to the end of the rule gives the opposite party power to exclude any weighty statement :-"They believe that under such a system exclude the affidavit. It will be remembered that the proviso at appears by the fact that, after suggesting a definite line for

improvement, the council commit themselves to the following such affidavit when the witness can be produced" for cross- landowners would readily avail themselves of the many advantages examination, and it can scarcely have been contemplated by the incident to registration, and that, as in the case of the Australian framers of the rule that an affidavit made for a special purpose colonies, it would be found unnecessary to resort to compulsion. should be received as evidence without either previous notice or It would be difficult to exaggerate the importance of this statement, an opportunity for cross-examination.

coming from a body so influential and so well qualified to form an. accurate opinion.

In estimating the expenses of next sales under the compulsory

clauses, attention is drawn to someremarkable facts (to which we have A SOMEWHAT STARTLING statement as to the legal effect of a Bank several times referred) which were laid before Lord Cairns in 1874 Holiday was made a few days ago by a metropolitan police magis- res pecting cheap country conveyancing, and which he wentioned trate, who is reported to have declined to grant a summons against in the House of Lords as one of the reasons why his Bill did not an apprentice refusing to work on Whit Monday, and to have laid it resort to compulsion. He also afterwards repeated them to Mr. O. down that_no apprentice was compellable to work on a Bank Morgan's committee in 1879, from which latter evidence the Holiday. The Bank Holidays Act, 1871 (34. & 35 Vict. c. 17), council quote four of the most material passages.

"A number of deals entirely with banks and banking business, the preamble solicitors shewed me that there was going on in various populous reciting that it is expedient to make provision for rendering the parts of England a transfer of very minute portions of land in day after Christmas Day and also certain other days Bank Holidays, very great quantities and at a very small expense. Some of the and for enabling Bank Holidays to be appointed by royal procla- solicitors told me that they had cut up a piece of land into 300 or mation.". The only part of the statute which appears to contain 400 parcels to build small houses for working people on; those any enactment of a general character is section 3, which provides pieces of land were bought on the credit of the solicitor who had that“ no person shall be compellable to make any payment or to them for sale, and the charge in some cases would be as low as do any act upon such Bank Holiday which he would not be com- 10s., and in many cases as low as 20s." Compulsory registration pellable to do or make on Christmas Day or Good Friday”; but will have to be very nicely adjusted in order to prevent its being as the last clause of the section provides for the “ doing a formidable obstacle to the completion of such transactions as such act "

on the following day, the section seems to apply, only these ; while again, as the report points out, in the case of large to acts to be done by holders of bills of exchange and promissory estates the necessary description of the property by means of & . notes. This Act was amended by the Holidays Extension Act, map will, even if nothing else were required, be a rather formidable 1875 (38 & 39 Vict. c. 13), the preamble to which recites that it item in the expense of each next dealing or devolution. is expedient to extend certain of the holidays named in the prin

As to the "guaranteed” versus indefeasible” title, the distinccipal Act " to the Customs, bonding warehouses, and docks,” but in tion is one which has only recently been very clearly brought out, no way deals with ordinary employers.

but when once stated its significance is obvious. It has been explainel in these columns in a review of a recent work (ante, p. 104),

and the council strongly urge the abandonment of the so-called THE APPEALS set down in the list for the Trinity Sittings number somewhat after the model presented by the Australian Registration

indefeasible system, and the adoption of the “guarantee” system, 148, of which eighteen are interlocutory. They comprise sixty Statutes. three appeals from the Chancery Division, eight from the Chancery Bethe County Palatine of Lancaster, sixtynine from the Queen advantage of the latter system-namely, that it dispenses with Berisha Division, seven from the Probate, Divorce, andh Admient's the need of publicity on first registrations, and that it enables the Division, and one Bankruptcy appeal. At the commencement of acquainted with the applicant's title—he would, in fact, act as

act on the investigation and certificate of solicitors the last sittings the appeals numbered 169, and a year ago 178. the solicitor for a purchaser acts at present." These two features

have not, it is true, been put in practice in Australia, but the

system admits of their introduction, and, under the special THE causes in the lists of the chancery judges comprise 146 be- circumstances of the case, they would be of conspicuous value in fore Mr. Justice Kay, 170 before Mr. Justice CHITTY, 228 before England. Mr. Justice NORTH, 168 before Mr. Justice Stirling, and 80 before The report then goes through the Bill in considerable detail, Mr. Justice KeKewich, making a total of 786; the total having being designed apparently to serve as a summary of its main probeen 761 at the commencement of last sittings, and 90% a year visions for the guidance of those who have not suficient leisure to ago There are 1,152 causes in the Queen's Bench Division list, master the measure for themselves—a task which, it should be and 235 in that of the Probate, Divorce, and Admiralty Division. observed, requires the careful perusal of two bodies of legislation

preserve it without alteration. The old hall of the Inn has been cleansed

hitherto little studied-namely, the Act of 1875 and the Rules of to increase his insurance by filing a declaration of increased value 1876—before it can be rightly appreciated. As, however, we have and paying an additional premium, already attempted the same task, we do not propose to follow the 14. That the power to make rules should not be vested in the council in their detailed observations, but pass at once to the list Lord Chancellor alone, but that rules should be framed by the of principal suggestions, in which the leading criticisms of the Bill Land Transfer Board (this means, of course, the board constituted are summarized, adding thereto such allusions to, or extracts from, as above suggested (3)) and be issued by the Lord Chancellor on the previous detail as seem appropriate.

their advice. “The whole character of the measure and the greater 1. Compulsory registration is unjust to landowners, and if the or less success of the proposed scheme, will depend to a very system were made workable and inexpensive, would be un- great extent upon the rules issued from time to time for the necessary.

guidance of applicants and of the board, and it is not too much 2. Guaranteed title is preferable to indefeasible title. In fact, to say that the framer of the rules can greatly extend or materially it is pointed out (on the preceding page of the report) that parts diminish the scope and effect of the Bill when passed into law" of the insurance scheme concede the principle of the former, (p. 22). On this head the answers of the provincial law societies though the name of the latter is retained.

are unanimous also. 3. That the board should be selected from barristers and solici. 15. That the devolution on death of real and personal estate tors, and be presided over by a judge or person of equal position. should either be left as at present or assimilated for all purposes. The provincial law societies are unanimous on this point also. It has been supposed that the Bill was to effect this as drawn; but,

4. That the outlines of the arrangement for branch offices and as is pointed out earlier in the report (p. 25), the life estate in the land transfer districts should be defined in the Bill. On this we whole residue of real estate given to a surviving wife or husband may be permitted to remark that, assuming the first establishments is by no means the same thing as the interests in personalty conferred and appointments to be experimental, it may, perhaps, be better to on the same persons by the existing law, and is open to very have even this matter independent of legislative enactment in serious objection. Though the whole realty is given them for life, case of mishap.

"no obligation is thrown on surviving parents to maintain the chil. 5. That an interval of not less than six months should be dren (if any) out of the income. On the intestacy of the husband allowed between the issue of rules and the incidence of com- his widow would be entitled to the income whether she were the pulsion. By way of shewing that this suggestion, though mother of his children or not, and whether she were married to a apparently a trite one, is not unnecessary, allusion might be made second husband or not, and the children might be left destitute." to the last notable issue of Consolidated Rules and Orders, which, It is also pointed out that the words “pari passu with personal if we remember rightly, came into operation just three days estate” in (amended) clause 41 (1) would greatly fetter the disbefore they were published.

cretion of the representatives, and it is recommended that they 6. That the duty of registration should be thrown on the should be struck out. grantee, and not, as proposed, on the grantoi. In this respect the 16. That, without limiting the right of any proprietor to report coing les, as far as we can learn, with a universally-ex- transact in person his own business, the conduct, for fee or reward, pressed opinion.

of legal business connected with land should, as heretofore, be 7. That provision should be made to relieve a purchaser from intrusted to solicitors. This suggestion is mainly due to the notice of the trusts of the settlement where the proprietor is council's apprehensions arising out of the passage in clause 53 (4) registered as “tenant for life.

as to the authorization of " officers” to be employed “ on behalf 8, 9. That confirmations of titles would be open to abuse, and of applicants,” and to be a remunerated by the payment of such that the determination of boundaries has not yet been made fees by the parties as may be prescribed"—to which passage we also satisfactory. We have ourselves dwelt upon this in an earlier drew attention in our last week's issue. Its importance to solicitors issue (p. 392). It has also been pointed out in recent works how -and, it may be added, to the public also (for whose protection the the whole difficulty of boundaries can be removed by simply present exclusive rights of solicitors have been established) –-is “ guaranteeing” them, without any publicity, on the same very great. Of course, it may be (as we pointed out) that the evidence, and no more, than purchasers now take on sales.

clause is not intended to interfere with the existing rules as to 10. That inasmuch as landowners are compelled to register, and legal work, but is meant to be applied cnly to the surveying therefore incur a risk which, as the Bill assumes, they would not department'; but, however this may be, it seems that the council incur voluntarily, the cost of insurance against that risk should are doing no less than must reasonably be expected of them by the not be thrown on them, but on the country. At any rate, it would profession in suggesting that some distinct limitation should be appear that, as the first registered proprietor does not obtain the inserted in the Act to regulate the scope of so wide a general full benefit of registration for himself, the moment of contribution power. “If the committee have correctly appreciated the intento the insurance fund ought to be deferred until somebody does tion of the proviso cited, they feel that, on this point, every obtain this namely, till the occasion or the first transfer for value possible opposition should be offered to the Bill." after first registration.

11. That the enforced contribution to an insurance fund will largely add to the cost of registration, and would, if registration

We printed last week the report of the Law Association, which The function of the insurance fund is to enable the registrar to contained a passage regretting the death of (among other members proceed in cases of doubt. Cases of doubt must continually arise, of the association) Sir Richard Nicholson. This unfounded states operate as a continual obstacle to the transaction of business uit numerous professional friends, many of whom, however, had forte the registry on the same terms of swiftness and ease as is now

tunately the opportunity of seeing him present in the flesh at the official substitute for that convenient practice of ** chancing it” by one vius tested that citoreor backlersbury, well known in yachting circle 1 adopted in private dealings; it forms, in fact, the only possible first banquet of the Incorporated Law Society this week, which private persons habitually facilitate the conduct of their affairs, with results on the whole satisfactory; 12. That if an insurance fund be established, any injured pro- when the liabilities, secured and unsecured, were estimated at £67,000;

understood that a private meeting of his creditors was held in March last, prietor should at once have a direct claim against the fund, not, as appears to be intended by (amended) clause 20 (1), only after ex- Buildings was held on Wednesday afternoon in the old hall of Standingan hausting all legal remedies available against private persons liable Holborn, when a paper, entitled, "The Sacredness of Ancient Buildings - in which case, moreover, besides the trouble and delay, it does not more and there realiseren haceros attendance. The Prudential Life Penetrante expenses so incurred. provemento m-or at least, as suggested in an earlier par pe tine report interest in the minispection of the publicneild hear that date it will pass into compensation; not merely to the cost opreme in tod, it respective to find its windows vien with many-hned heraldic devices, it constitutions be (p. 20, 21), that a proprietor improving should always have power tħc occupation of the Institute of Actuaries.

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