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5 3 TURNER, GEORGE, Old Radford, Nottingham, Carter. Nottingham. Pet Oct 27. Ord Nov 5
Nov 16.-Mr. WALTER KNIGHT, at the Mason's-hall Tavern, Leasehold Licensed TURVEY, HENRY, Abingdon, Berks, Carpenter. Oxford. Pet Nov 1. Ord Nov 6
Property (see advertisement, this week, p. 4).
Nov 17.-Messrs. HOBSON, RICHARDS, & Co., at the Mart, at 2 p.m., Freehold VARNEY, ALFRED, Ramsgate, Baker. Canterbury. Pet Nov 4. Ord Nov 5
Estates (see advertisement, this week, p. 4). WADDINGTON, JOHN, Colne, Lancashire, Joiner. Burnley. Pet Oct 15. Ord
Nov 19.-Messrs. BAKER & Sons, at the Mart, at 2 p.m., Freehold and Leasehold
Properties (see advertisement, November 6, p. 6).
9. Ord Nov 5
BIRTHS, MARRIAGES, AND DEATHS.
LEATHAM.-Nov. 4, at the Red House, Wentbridge, Yorkshire, the wife of Nov 5
Claude Leatham, solicitor, of a son. WILLIAMS, ROBERT, Dolbenmaen, Carnarvon, Farmer. Bangor. Pet Oct 27. SOLOMON.-Nov. 5, at 22, Linden-gardens, W., the wife of Joseph Maurice Ord Nov 6
Solomon, of Lincoln's-inn, barrister-at-law, of a son. YOUNG, EDWARD, Dewsbury, Yorks, Dyer. Dewsbury. Pet Oct 19. Ord Nov 4
MARRIAGE. YEADON, ARTHUR, Batley, Yorks, Flock Merchant. Dewsbury. Pet Oct 30. Ord
CURNOW-MARSHALL. --Sept. 23, at Sydney, John Roberts Curnow, solicitor, of Nov 4
Warwick, to Katharine Celia, daughter of Captain G. S. Marshall, Oaz Inove
road, Stoke Newington.
London Gazette of Oct 5.
39 THE RETIREMENT OF VICE-CHANON THE FORM OF MORTGAGE BILLS
47 OF SALE 40 LAW SOCIETIES
48 SALES OF ENSUING WEEK,
CONCERNING SEARCHES .....
48 VICE-CHANCELLOR BACON
LEGAL NEWS .......... Nov 16.-Messrs. HOWELL, SON, & BONNIN, at the Mart, at 2 p.m., Leasehold CORRESPONDENCE
COURT PAPERS....................... Properties (see advertisement, November 6, p. 6):
49 Nov 16.-Messrs. PHILIP D. TUIKETT & Co., at the Mart, at 1 p.m., Freehold POLICE COURTS IN BELGIUM
50 Premises (see advertisement, November 6, p. 6).
Your Jewelry and
Property safe from Burglar or
safe from Fire or Spy.
Under your own Lock and Key.
Under your own Lock and Key.
VIEW OF A STRONG ROOM FITTED WITH SAFES.
SAFES from 1 to 5 Guineas. STRONG ROOMS from 7 to 80 Guineas per Annum.
GUARDED NIGHT AND DAY.
The Public are invited to inspect this Valuable Stronghold ; Card of Admission post-free on application to the Manager.
EDE AND SON,
BY SPECIAL APPOINTMENT, Supper, and inyaluable for Invalids and Children,"
Highly commended by the entire Medical Press. To Her Majesty, the Lord Chancellor, the Whole of Being without sugar, spice, or other admixture, it suits the Judicial Bench, Corporation of London, &c. all palates keeps for years in all climates, and is four times the strength of cocoas THICKENED yet WEAKENED with starch, &c., and IN REALITY CHEAPER than such Mixtures.
FOR QUEEN'S COUNSEL AND BARRISTERS. Made instantaneo 1sly with lling water, a teaspoonful
SOLICITORS' GOWNS. to a Breakfast Cup, costing less than a halfpenny. COCOATINA A LA VANILLE is the most delicate, digestible,
Law Wigs and Gowns for Registrars, Town Clerks, cheapest Manilla Chocolate, and may be taken when
and Clerks of the Peace.
ESTABLISHED 1689. 1. SCHWEITZER & Co., 10, Adam-st., Strand, London, W.0
94, CHANCERY LANE LONDON.
THE NEW ZEALAND LAND MORT-TIE BAILWAY PASSENGERS’ ASSURANCE COMPANY
The Corporation is prepared to offer at once such
Londox: 1, Moorgate-street, E.C. ABERDEEN : 1,
INCOME & FUNDS (1885) :-
£577,000 November 10, 1886. motion money has been or will be paid.
Life Premiums ...
191,000 The founders bave subscribed the first £250,000 of
132,000 the ordinary Share Capital, and pay all the pre
£3,134,000 liminary expenses, except law charges and usual brokerage; they will be entitled to receive upon their Founders Shares as distinct from the Ordinary
and LIFE INTE Shares, one-half the nett profits after payment of 7
RESTS in LANDED or FUNDED PROPERTY per cent. on the Ordinary Shares, and after providing
or other Securities and Annuities PURCHASED, or Loans for a Reserve Fund, the remaining hall will be available for increased dividends on the Ordinary
or Annuities thereon granted, by the EQUITABLE REIncorporated under the Companies' Acts, 1862 to 1886,
VERSIONARY INTEREST SOCIETY (LIMITED), 10, Shares.
Established whereby the liability of the Shareholders is limited
Lancaster-place, Waterloo Bridge, Strand.
Interest on Loans may be to the amount unpaid on their Shares.
F. S. CLAYTON, Joint SHARE CAPITAL, £2,000,000, cation will be applied in payment of the allotment
C. H. CLAYTOX, } Secretaries First Issue of £1,000,000,
Prospectuses and forms of application for shares (Of wbich £250,000 has been eubscribed by the may be obtained at the offices of the Corporation, or
ACCIDENTS OF DAILY LIFE
from its Brokers. Bankers, or Solicitors. Copies of
INSURED AGAINST BY
seen at the Offices of the Solicitors. Payable 10s. per Share on Application, 10s. per Share on Allotment, and £1 on the 15th February, 1887. It is not intended to make further Calls. GAGE COMPANY, Limited.
Capital £2,000,000, fully subscribed.
64, CORNHILL, LONDON.
£1,000,000. Union Bank of London, Deputy Chairman. hold mortgages. The Debenture issue is limited to
£216,000. J. SPENCER BALFOUR, Esq., Deputy Chairman Assets
che uncalled capital. Realization Company, Limited.
COMPENSATION PAID FOR 112,000 ACCIDENTS, Thos. CHARRINGTON, Esq., Director Metropolitan H. J. BRISTOW, Esq. Sir WILLIAM T. POWER, Life Assurance Society. W. K. GRAHAM, Esq.
CHAIRMAN-HARVIE M. FARQUHAR, Esq. Bankers), Worthing.
C.M.G. HENRY HONEY, Esq. (late Messrs. Honey, Hum ARTHUR M. MITCHISON, Sir EDWARD W. STAF- Apply to the Clerks at the Railway Stations, the
Local Agents, or phreys, & Co.), Wyvelsfield, Chislehurst.
FORD, K.C.M.G. Sir HENRY E. KNIGHT, Alderman, Chairman South
West-end Office:-8, GRAND HOTEL BUILDINGS, W.C. Chairman of Colonial Board
Or at the wark and Vauxhall Water Company.
The Hon. Sir FREDK. WHITAKER, K.C.M.G., M.L.C., Head Office :-64, CORNHILL, LONDON, E.C. EDWARD NORMAN, Esq. (Messrs. Martin & Co.), 68,
lato Premier of New Zealand. Lombard Street, E.C.
J. VIAN WILLIAM, Secretary. LEOPOLD SALOMONs, Esq., Director Employers' | bearing interest at 4 per cent. for three years, and
The Directors are issuing Terminable Debentures Liability Assurance Corporation.
ESTABLISHED 1851. VINCENT B. TRITTON, Esq., Director City of London 45 per cent. for five years and upwards. Interest half
I R K B E OK B A N K.Fire Insurance Company. yearly by Coupons.
CENT. INTEREST allowed on Leadenhall-buildings, Leadenhall-st., London, E.C Messrs. MARTIN & Co., 68, Lombard Street, E.C.
DEPOSITS, repayable on demand, UNION BANK OF LONDON. LIMITED, Chancery Lane, AW LIFE ASSURANCE SOCIETY,
TWO per CENT. INTEREST on CURRENT Regent Street, and Charing Cross Branches.
ACCOUNTS celculated on the minimum monthly
£5,248, 223 The Bank undertakes for its Customgrs, free of Messrs. LINKLATER, HACKWOOD, ADDISON, & BROWN,
Income for the Year 1885
£138,476 Charge, the Custody of Deeds, Writings, and other 7. Walbrook, E.C.
Amount paid in claims to 31st Dec., 1885 £14,536,593 Securities and Valuables; the collection of Bills or Messrs. BAKER, BLAKEP, &' HAWES, 117, Cannon Reversionary Bonus allotted for the five
Exchange, Dividends, and Coupons; and the purchase Street, E.O. years ending 31st Dec., 1884 ...
and sale of Stocks, Shares, and Annuities. Letters of Reversionary Bonuses hitherto allotted £6.889,937 Credit and Circular Notes issued. AUDITORS
The Expenses of Management, including Commis The BIRKBECK ALMANACK, with full particuMessrs. BROADS, PATERSON, & Co, 1, Walbrook, E.C. sion, are about 45 per cent. of the Income.
lars, post-free, on application. The limits of free travel and residence have been
FRANCIS RAVENSCROFT, Manager. TEMPORARY OFFICES.
largely extended, and rates of extra premium WINCHESTER HOUSE, OLD BROAD STREET, E.C. reduced.
Loans granted on security
Interests, Reversions, and Borough and County
Life Interests and Reversions are purchased. HIS GRACE THE DUKE OF DEVONSHIRE, K.G.
The Object of this College is to enable Students at and other securities against loss of principal and Assurances effected through their introduction.
the earliest practicable age, and at a moderate cost, interest.
Prospectus and Form of Proposal sent on applica
to take the University Degree in Arts, Law, or Although advances upon mortgages justly occupy tion to the Actuary.
Medicine. the first rank among investments, experience (par
Students are admitted at 16, and a Degree may be ticularly during the last few years) has demonstrated
taken at 19.
AW UNION FIRE and LIFE INSU The College Charges for Lodging and Board (with caution, it is impossible to make adequate provision
an Extra Term in the Long Vacation), including all against loss in every case. The Directors confidently
ESTABLISHED IN THE YEAR 1854.
necessary expenses of tuition for the B.A. Degree, believe, and have been assured by many Solicitors
The only Law Insurance Office in the United Kingdom are £84 per annum. and other competent authorities, that in introducing
which transacts both Fire and Life Insurance Busi For further information apply to the WARDEN, the system of assurance to mortgage investinents,
Cavendish College, Cambridge. they will supply a valuable element of security of
Chiel Officewhich advantage is certain to be largely taken. 216, CHANCERY LANE, LONDON, W.C.
PREFERMENT for EXIt is believed that the operations of this Corpora The Funds in hand and Capital Subscribed amount to tion, whilst very profitable to its Shareholders, will be
CHANGE.-The Rector of a pleasant country
£1,900,000 sterling. of the utmost advantage to all who are interested,
living in South of England, population 400, income either as Owners or Mortgagees of property, and es
Chairman-JAMES CUDDON, Esq., of the Middle approaching £300 per annum and house, would be
Temple, Barrister-at-Law. pecially go to Trustees. The Policies of this Corpor
willing to exchange the dext two or three presentaDeputy-Chairman-CHARLES PEMBERTON, Esq. (Lee ation will assure and strengthen the relative position
tions for an advowson of small value in southern or
& Pembertons), Solicitor, 44, Lincoln's-inn-fields. of borrowers and lenders, and will remove the element
western country. - Address, RECTOR, Mr. Eland's
The Directors invite attention to the New Form of Library, Exeter. of doubt and uncertainty which, as above stated, Life Policy, which is free from all conditions. often attends even the best class of mortgage busi Policies of Insurance granted against the continpess. Prudent lenders will naturally desire that their gency of Issue at moderate rates of Premium.
HALLETI'S PEDIGREE interest shall be regularly paid, and their securities The Company ADVANCES Money on Mortgage of
CEREALS, Free to any Railway Station in enhanced by the guarantee of a large and powerful Life Interests and Reversions, whether absolute or
Great Britain.-HALLETT'S PEDIGREE SEED COMPANY company, whilst borrowers who are prepared to as contingent.
LIMITED, Brighton. Telegraphic Address, “ Pedisure their obligations, will necessarily be able to pro The Company also purchases Reversions.
gree, Brighton." cure better terms as to interest and otherwise than would be obtainable without such guarantee.
Prospectuses, copies of the Directors' Report and
Annual Balance Sheet, and every information, sent The field open to the operations of the Corporation post-free on application to
PARENTS and GUARDIANS.- An is practically illimitable. It is believed that the effect
Architect and Surveyor, having had over thirty of the additional security offered to Mortgagees and
FRANK MCGEDY, Actuary and Secretary. years' experience, and holding one Government apothers will largely increase the present volume of
pointment, is open to receive a Pupil ; moderate Mortgage transactions, but it may be safely stated
IFE ASSURANCE premium, partly returned in salary:- Apply to Mr. that, assuming only a small per centage of the prop,
EDWARD CLARK, 432, West Strand, Chariug-cruce, erty at present the subject of Mortgage were assured
W.C. with the Corporation, it would yield an amount of Invested Funds 69 Millions Sterling. business which would return a large dividend to the
Annual Revenue Shareholders.
At the division of Surplus declared on 11th May, The Capital paid up will be invested in readily 1886, Reversionary Bonus additions to the amount Piccadilly,'and 136. Strand, Second-hand Booksellers,
tors, &c.-HENRY SOTHERAN & CO., 36, available and high-class securities and will furnish, of £930,000 were added to Policies. with the amount uncalled, a guarantee for the en Moderate Rates of Premiums. Liberal Conditions.
are prepared to PURCHASE LIBRARIES or smaller gagements which the Corporation may enter into.
collections of Books, in town or country, and to give Every proposal for insurance will be considered on
Tables of Rates and all other information on applica- the utmost value in cash. Experienced valuers sent.
tion.-London: 83, King William-street, E.C., and its merits, and will be accepted at such rates and 4, Pall Mall East, S.W.
Removals without trouble or expense to ven lors
oleh Policies, Life CAVENDISH
BOOKS BOUGUT:-To Executors, Solici.
CASES REPORTED THIS WEEK.
act for the purpose of hearing and determining appeals, and also In the Solicitors' Journal. Williams v. The Peel River Land for the purpose of Lords of Appeal in Ordinary taking their seats
and Mineral Co.
60 and the oaths, during any prorogation of Parliament.” During a A Solicitor, In the Matter of 63 Gale v. Kite 63
prorogation, therefore, only Lords of Appeal in Ordinary may take Goldstrom v. Tallerman
60 In the Weekly Reporter. Great Western Steamship Co.(Lim.),
the oaths, and as Lord BRAMWELL and Lord HERSCHELL are not Re...... 61 Caird v. Moss
52 Lords of Appeal in Ordinary, and had not taken the oaths after Guilbert-Martin v. Kerr & Jubb.. 62 Coulton. In re, Hamling v. Elliott 49 Hanley and Another v. Mallett 61 Day v. Ward
the last dissolution, they cannot take the oaths during a proroga. Hastings, Re, Hallett v. Hastings 60 Duke of Marlborough v. Sartoris.. 55 tion. This follows from the Parliamentary Oaths Act, 1866, which Helmore v. Smith
60 Gas Light and Coke Co. v. Hardy 10 Holt & Co. v. Beagle and Others 61 Hickey. In re, Hickey v. Colmer 63 prescribes that the oath of allegiance set out in that Act (changed Payne, Re. Ex parte Castle Mail " Johann Sverdrup," The Packets Co...
in form only by the Promissory Oaths Act, 1868) “shall, in every "Keroula,” The .... Raven v. Stevens & Sons
Loder, In re .........
58 Parliament, be solemnly and publicly made and subscribed by every Scott (otherwise Sebright) v. Se "Naples,” The
member of the House of Peers at the table in the middle of the 62 Sebright's Settled Estates, In re Tapscott v. Tapscott 61 Stone's Trusts, In re
54 said House . . . and whilst a full House of Peers is there with their The Mayorand Corporation of Lon “Zoe," The
61 don, Ex parte, Rē Zion College.. 61
Speaker in his place.” And to make assurance doubly sure, it is
provided by the concluding portion of section 8 of the Appellate The Solicitors' Journal and Reporter. and determination of appeals, and matters connected there with LONDON, NOVEMBER 20, 1886.
and Lords of Appeal in Ordinary taking their seats and the oaths as aforesaid, shall be transacted by the House of Lords during such
prorogation.” An amending statute will, we presume, be passed to CURRENT TOPICS.
remedy the defect. THREE ORDERS which we print elsewhere complete the arrangements consequent on the retirement of Vice-Chancellor Bacon, (which we were enabled to announce last week) by transferring all
TO THE DELIGHT of the impressionable part of the public, and, causes marked for Vice-Chancellor Bacon, and also his chief clerks we think, rather to the surprise of the majority of the legal proand officers, to Mr. Justice Kay; and by transferring all Mr. Justice fession, Mr. Justice Butt has seen his way to granting a decree of Kay's causes, chief clerks, and officers to Mr. Justice STIRLING ; and nullity in Scott v. Sebright, on the ground that the petitioner was, by transferring all Mr. Justice STIRLING's causes to Mr. Justi at the time of her marriage, incapable of consenting to the marKEKEWICH for trial or hearing only.
riage contract, and that that contract ought to be avoided on the same grounds as other contracts may be avoided, subject to the
qualification that the court avoiding it must watch more jealously We have this week to announce an appointment which we than in the case of other contracts the evidence which is tendered believe will give general satisfaction. Mr. GEORGE ÅUGUSTUS in support of the desired avoidance. It may perhaps be questioned CROWDER, solicitor (of the firm of CROWDERS & VIZARD), of 55, whether, in not subjecting SEBRIGHT to examination on certain Lincoln's-inn-fields, has been appointed a Chief Clerk in the points, the learned judge quite observed his own qualification, and chambers of Mr. Justice Cutty, in succession to Mr. ROBERT whether the case does not bear on the face of it something like the MARSHALL, resigned. Mr. CROWDER was admitted as of Trinity Term, judicial sanction of the dissolution of a marriage by mutual consent, 1861. It will be remembered that he was chairman of the com- although, as Lord PENZANCE eloquently points out in Mordaunt v. mittee of the Incorporated Law Society appointed in 1881 to con- Mordaunt (2 P. D., at p. 196), the feature of non-rescission sider the report of the Legal Procedure Committee.
by consent is a feature which belongs to marriage contracts alone among contracts. The question, however, was one of evidence
only, and all that can be said is that different facts strike different THE ARRANGEMENTS consequent on the retirement of Vice-Chan- judges differently. As to the authorities, although no cellor Bacon have given rise to a migration of leaders probably are cited in the judgment, it is well to point out that the without parallel. We believe that the following is a correct state- books contain at least three cases-Harford v. Morris (2 Hagg: ment, so far as it goes, of the changes which have occurred :—The Con. 423), Portsmouth v. Portsmouth (1 Hagg. 356), and Queen's Counsel practising before Mr. Justice Kay will consist of Wilkinson v. Wilkinson (4 Notes of Ecclesiastical Cases, 295) Mr. MARTEN, Mr. INCE (who has migrated from Mr. Justice Cutty's -in which a marriage has been declared void on the ground court). Mr. Horton SMITH, Mr. MILLAR, and Sir A. Watson. The of incapacity to consent, not amounting to insanity. Of the Queen's Counsel practising before Mr. Justice Stirling will consist of three cases Wilkinson v. Wilkinson is the strongest. There Mr. Fischer, Mr. W. PEARSON, Mr. HEMMING, Mr. GRAHAM HASTINGS, a rich infant, incurably imbecile, but whose friends had failed to Mr. W. F. Robinson, Mr. Crossley, and Mr. BUSH. Mr. BARBER, procure her to be declared lunatic, had been inveigled into a Q.C., and Mr. WARMINGTON, Q.C., will practise before Mr. Justice marriage with a cousin “in concert with other parties." The KEKEWICH, and Mr. MACLEAN, Q.C., will practise before Mr. Justice ceremony was hurried, and the bride, when required to say CHITTY.
will,” said “No," till prompted by the clerk and told to use the
former words; moreover, when in the vestry, she “took off the THE FOLLOWING are the names and dates of call to the bar of the ring and threw it down, saying she was not married." The husnew Queen's Counsel :—Six members of the Equity Bar: Mr.
band was represented but not examined at the trial, his counsel EDWARD CUTLER, 1857; Mr. WILLIAM LATHAM, 1860; Mr. WALTER admitting that the wife was undoubtedly unfit to enter into the CHARLES Renshaw, 1864 ; Mr. Henry BURTON BUCKLEY, 1869; Mr. matrimonial contract, and "leaving the matter in the hands of the SEWARD BRICE, 1871; and Mr. KENNETH AUGUSTUS MUIR MACKENZIE court” (Dr. Lushington), with the result that the decree was (Permanent Secretary in the Lord Chancellor's Department, and granted on the ground that the marriage had been brought about Clerk of the Crown in Chancery), 1873. Two members of the by fraud and circumvention. South-Eastern Circuit: Mr. EMANUEL MAGUIRE UNDERDOWN, 1861, and Mr. GEORGE CANDY, 1869. Two members of the Northern Circuit : Mr. THOMAS WRITTEN BURY WHEELER, 1865, and Mr.
A CORRESPONDENT of a contemporary, signing himself “Lin. LINDSEY MIDDLETON ASPLAND, 1868 ; and one member of the North: coln's Inn,” has accomplished a feat and made a discovery Eastern Circuit: Mr. EDWARD TINDAL ATKINSON, 1870.
may well fill his inn with pride. The feat is the reading of “the words of section 13 of 1 & 2 Vict. c.
110," and the discovery is that there is no necessity for any panic Stitors in the House of Lords hare unexpectedly been deprived about Re Pope" (34 W. R. 654, 693). Referring to an article of the advantage of Lord HŁESCHELL akd Lord BRAMWELL taking which he appears to have written on the 9th of October, he says, part in the bearing of their causes, and it seems that this is the “I observe that I stand alone in my opinions therein expressed; inevitable result of section 8 of the Appellate Jurisdiction Act, and your contemporaries the SOLICITORS' Journal and the Law 1876. By that section it is enacted that, " for preventing delay Journal, and the respective contributors thereto, are wholly at sea in the administration of justice, the House of Lords may rit and ) amidst 'what they consider the shoals of the Judgment Acts.
Would you believe it, sir, those valiant journals and their learned duties Lord COLERIDGE has this week intimated an anxious desire contributors occasion their own troubles by not reading the words for information, was, before the Judicature Acts, styled “the of section 13 of 1 & 2 Vict. c. 110 which they comment on ?" | Official Solicitor of the High Court of Chancery,” and before the And then he proceeds to state the provisions of this unknown Chancery Funds Act “the Solicitor to the Suitors' Fund." His section, the effect of which he states to be that “the in invitum functions, as described in the Second Report of the Legal Departcharge which, by that section, is given by the judgment being ments Commission, were to protect the Suitors' Fund, and to duly registered, is made thereby equivalent to a voluntary charge administer, under the direction of the court, so much of it as then made by writing of the debtor under hand—that is to say, the came under the spending power of the court. He acted for judgment debt, being registered, is, by the statute, made and parties in pauper suits, when so directed by the judge, and for declared to be an equitable mortgage on the lands—exactly what those who, through ignorance or forgetfulness, were guilty of 1 (WHO READ THE Acts I WRITE ABOUT) hare stated in the article in contempt of court by not answering process. Érery quarter he question." And he then refers to another unknown Act of 27 & visited Holloway Prison, to see and report upon any prisoner of 23 Vict. c. 112, and asks “why purchasers should be in any panic the Court of Chancery, taking up any case requiring assistance. about Re Pope?" It is satisfactory to know that “Lincoln's Inn” He assisted the Paymaster-General in preparing the Chancery has read section 13; and it would have been still more satisfactory if Estimates for Parliament, and acted generally as a solicitor in all his reading had extended to the observations in the Solicitors' cases in which the several Chancery Courts required such services. Jotrnal on which he comments. What we have endeavoured to All these duties he still performs, with the exception of adminisshew (with what success our readers must judge) is that there are tering so much of the Suitors' Fund as comes under the spending two totally distinct methods of enforcing a judgment debt against power of the court. He may be also required, under R. S.C., 1883, the debtor's land
XXXIII., 9, to act in case of “undue delay" in proceedings under First, the judgment creditor may obtain execution against any judgment or order. As solicitor of the court he is the general
the debtor's lands, by suing out an elegit, or by obtaining intermediary for the Lord Chancellor, as president, in respect of a an order appointing a receiver, or for a commission of large amount of public business in connection with the courts. It sequestration. He can do this without registering either frequently happens that the Official Solicitor is appointed guardian the judgment or the writ or order. In this case he en- for an infant in cases where a guardian is unfit to act through forces his remedy against the rents and profits of the misconduct, and the judge thinks it desirable to retain a strict debtor's land. There is no means by which a purchaser hold on the infant's property. But this forms no part of his official can be certain that the judgment creditor has not obtained duties, though in such cases the existence of a trustworthy officer execution.
is a great convenience, and facilitates the exercise of the duties of Secondly, the judgment creditor may obtain a charge on the the judges.
corpus of the land of the judgment debtor by registering
IF ANY IMPUTATION was intended by the Master of the Rolls, ing what has been done.
in his recent remarkable speech, against the county court Without again discussing the extremely intricate law of judg- judges on the ground of inefficiency or defective administraments and executions, we may point out, for the benefit of Lin- tion of the law, no support for such a charge can be gathered coln's Inn," that the decision in Re Pope (which he surely cannot from the results of the appeals from their decisions (apart from have read) expressly decided (1) that, whère land is actually de- their equity, admiralty, and bankruptcy jurisdiction) which are livered in execution, it is not necessary to register the execu- given in the last issue of the Judicial Statistics. The number of tion, except for the purpose of obtaining an order for sale ; and appeals from county courts by special case in the year ending the (2) that a judgment creditor who has got the land actually delivered 31st of October, 1885, was 31; and of this number 22 were in execution is safe as against a purchaser-in other words, that argued, 10 decisions being affirmed and 12 reversed. Appeals by the purchaser is not safe as against the execution creditor. motion numbered 151, of which 41 were refused, and of the 111 Perhaps even " Lincoln's Inn” will now see why there has orders nisi granted, 36 only were made absolute, and 74 were disbeen i a panic about Re Pope.”
charged. The figures speak for themselves, and shew only 48 successful appeals from the 586,716 decisions of 59 county court
judges. On Friday fortnight the Master of the Rolls announced that the bankruptcy appeal, Ex parte The Official Receiver, In re Morritt, would be re-argued before the full Court of Appeal. The case is one of several relating to bills of sale in which judg
ON THE FORM OF MORTGAGE BILLS OF SALE. ment was reserved just before the Long Vacation. One of the
II. questions raised was, whether section 19 of the Conveyancing Act, 1881, which confers on a mortgagee by deed “a power, when the bill of sale sball “truly set forth the consideration for which
Consideration.—The Act of 1882 requires (section 8) that the mortgage-money bas become due, to sell the mortgaged property," applies to a bill of sale of personal chattels given as security for Act of 1878, s. 8,° by the addition of the word “
was given,” differing only from the corresponding provision in the money. Section 20 provides that the mortgagee shall not exercise hurdly requires the authority of Bowen, L.J. (Ex parte Johnson,
It the power of sale unless and until notice requiring payment of the Re Chapman, 26 Ch. D., at p. 348), to enable one to see that the mortgage-money has been served on the mortgagor, and default in difference in language is immaterial, and that the Act of 1878 repayment has been made for three months after the service, or “the provisions of this Act relating to the foregoing powers, com- be literally accurate ; that it satisfies the requirements of the Acts interest is in arrear for two months. Section 19 also provides that quires the consideration to be stated truly.
The cases shew that the statement of the consideration need not prised either in this section, or in any subsequent section regulating if it be substantially accurate (Hughes v. Little, 35 W. R. 36): the exercise of those powers may be varied or extended by the and if it states, either in legal or business language, the true effect mortgage deed," and in this particular case the bill of sale contained a proviso that the power of sale conferred upon the mort
of what actually took place : see the remarks of Bowen, L.J., Ex gagee by the Conveyancing Act should be exercisable by him " in parte Johnson, ubi sup.; of Brett, L.J., The Credit Co v. Pott every respect as if the 20th section of the said Act had not been (6 Q. B. D., at p. 298). " The real principle of the form is that, enacted." Another question was, whether a mortgagee of chattels by the bill of sale, a first sum shall be stated therein in figures;
may be the consideration for the sum of money secured has (independently of the Conveyancing Act and of any express and in direct terms power in the deed) an inherent power of sale by virtue of his
(per Brett, M.R., Davis v. Burton, 11 mortgage in case of default by the mortgagor. The case was ar
Q. B. D., at p. 540). gued before the full court on Thursday, the 11th inst., and judg- may be grouped under two heads—first, where the consideration is
Most of the cases where the consideration is incorrectly stated ment was reserved.
expressed to be paid “now or “on or immediately before the TJE OFFICIAL SOLICITOR of the Supreme Court, as to whose sideration is paid some time before the execution of the bill
execution of these presents," and the whole or part of the con
of sale, or no money is actually paid ; secondly, where the con- void, except as against the grantor : see the Act of 1882, ss. 4,
An interminable controversy might be raised on the meaning of
or other place in substitution for any of the like fixtures, plant, or In cases of the second class the consideration is truly said to be trade machinery specifically described in the schedule to such bill paid to the grantor if it is by his direction, at the time of the ad- of sale : see the Act of 1882, s. 6. vance, paid so as to satisfy existing debts then due from him (see the The words "separately assigned” in this section have reference remarks of Jessel, M. R., and Brett, L.J., Ex parte Firth, Re Cowburn, to the 4th section of the Act of 1878. As to growing crops, they 19 Ch. D. 419; Hamlyn v. Betteley, 29 W. R. 956, 5 C. P. D. 327), mean “not assigned together with any interest in the land on or, apparently, if it is paid for any purpose by his direction (see which they grow.” As to fixtures, “not assigned together with a Re Cann, Ex parte Hunt, 13 Q. B. D., where it will be observed freehold or leasehold interest in any land or building to which that part of the costs which were paid on the execution of the bill they are annexed." of sale had not become due). The bill was even upheld where, It should be observed that a grant of after-acquired chattels immediately after the payment of the consideration, the grantor passes only an equitable interest, and that, therefore, if, after they applied part of it, pursuant to an agreement entered into at the come into existence, and before the grantee takes possession, some time, giving the bill of sale in payment of a debt bona fide due other person, without notice of the grantee's interest, acquires a by him to the grantee: Ex parte National Mercantile Bank, Re legal interest in them, the title of the grantee is ousted : Joseph Haynes (28 W. R. 248, 15 Ch. D. 42), a case decided under the v. Lyons (33 W. R. 145, 15 Q. B. D. 280), Hallas v. Robirson Act of 1878; if it had fallen under the Act of 1882 the collateral (33 W. R. 426, 15 Q. B. D. 289). agreement would have made the sale bad: see ante, p. 41.
** There is an omission of some words in a sentence in our
II. THE MODERN LAW OF JUDGMENTS (continued). it is stated to be paid to the grantor, but also because it is stated Registration of judgments.—By section 19 of 1 & 2 Vict. c. 110, " to be now paid ". Ex parte Rolph, Re Spindler (19 Ch. D. 98). no judgment of any of the said superior courts ”-i.e., at West
The consideration was held not to be truly stated where the bill minster-"nor any decree or order in any court of equity, nor any secured repayment of advances thereby recited to be made to the order in bankruptcy or lunacy, shall, by virtue of this Act, affect grantor, but which were really made to his firm: Ex parte Carter, any lands,” &c., as to purchasers unless and until registered in the Re Threappleton (12 Ch. D. 908). The consideration was held to Court of Common Pleas in the manner therein prescribed in the be sufficiently stated in the words, " In consideration of the name of the person whose estate is intended to be affected grantee having, at the request of the grantor, become guarantee, and thereby.” (Semble, therefore, that if a defendant was sued as having signed a promissory note for the payment of a sum of £45, trustee, the registration shoulả be in the name of the cestui que obtained by the grantor from B., of which £32 or thereabouts is trust, against whom a purchaser would search.) now owing”: Hughes v. Little (17 Q. B. D. 204), confirmed on The section does not mean that judgments shall, when registered, this point on appeal (35 W. R. 36); and where part of the con- affect lands as from entry of judgment; its effect is to cut down sideration was a transaction relating to promissory notes which the prior sections which bind lands as from entry of judgment and were incorrectly stated to be bills of exchange : Roberts v. Roberts to affect purchasers only from the time of registration (Hargrave (32 W. R. 605, 13 Q. B. D. 794).
v. Hargrave, 23 Beav. 484). Parcels.—Personal chattels must be specifically described in a The statute 1 & 2 Vict. c. 110 did not repeal the Statute of schedule-inventory contained in a schedule to the bill of sale, and Westminster 2 or the Docket Act (ante, p. 25), so that, as section the grantor must be the true owner thereof at the time of the 19 applies only to the rights given by virtue of this Act," it was, execution of the bill of sale, otherwise the bill of sale will be apparently, still open to a creditor to docket his judgment under
22 were Deals by the 111
vere disonly 48 5 court