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title of the proprietors of any land, any person is deprived of any 'estate, cause a hopeless block when transfers have to be registered at the rate of right, or interest in the land, the proprietor, his heirs, executors, and hundreds a day. The Bill very wisely leaves a large part of the administrators shall be liable to pay compensation for the same, in like machinery to be established by rules, but this makes it of the utmost manner as for an injury to the property of that person." And by section importance that the rules should be well considered by the persons who 16, sub-section 1, "Where a person satisfies the High Court that he has will have to work under them, and that ample time should be given for been deprived of any registered land by any forgery or fraud, or by any their consideration; and in this view the council have suggested to the error of the Land Transfer Board or any of its officers, the court may Lord Chancellor that the committee by whom they are to be framed either order compensation to that person out of the insurance fund, or should include the members of the Land Registry Board, and also repreorder that the land shall be restored to him, and that the person losing sentatives of the bar and the law societies, and that a substantial the land shall receive compensation out of the insurance fund” to be interval of time should elapse in each case between the establishment of established under the Bill. The result is that a person with a certificate a land transfer district by Order in Council and the day to be specified in of an absolute title may, if he is first registered owner, have to pay com the order on and after which registration is to be compulsory. For pensation to a former dispossessed proprietor (apparently without in- if the machinery is not such as will work and give satisfaction, the demnity from the insurance fund); or, if he is a purchaser from a prior ingenuity of mankind may safely be trusted to find some way of dealing registered owner, he may have to fight for his title in court, and if beaten with land outside the register, and the complications of title ensuing on have to give up his land and take money compensation from the in- such an attempt will be worse than ever. surance fund. In fact, the Bill practically admits what was pointed out Having thus far explained the facilities for obtaining an absolute title both in the statement on the land laws published by the council of this under the Bill as compared with the difficulties under the former Acts, society, and in the paper on land transfer published by order of the Bar and the difference in the position of a registered owner with an absolute Committee, that it is possible that in dealings with property with a title under the two systems, I wish to point out the inquiries that will registered indefeasible title, some person might by fraud or by error get still have to be made by a purchaser from an owner registered with an himself put on the register as a transferee, devisee, or heir of the first absolute title before he can be safe. proprietor, and immediately sell and confer an indefeasible title on a (1) In consequence of the Settled Land Act, and of the new mode of purchaser. In this case, either the rightful owner from whose name the vesting trust estates in trustees under the Conveyancing Act, it will be land had been wrongfully transferred in the register, or else the innocent necessary in many cases to notice trusts on the register; and unless the purchaser must give up the land, and the indefeasible title will be Legislature will enact that purchasers from trustees are not to be affected defeated as to one or the other. The existing register has been so little by this notice, a purchaser will have to look into the trusts and see that used that so far as I know we have had no example of frauds or errors as the sale is in accordance with the powers of the trustees; he will also yet, but the statement quoted by the Bar Committee in their paper, that have to ascertain that the conditions of sale under which he buys are the losses by the Bank of England through fraudulent transfers of stock such as a trustee may properly use (if they are not, the case of Dunn v. for a period of ten years averaged £40,000 per annum, shew that the Flood (33 W. R. 315, 28 ch. D. 586) shews that the purchaser will not possibility of the creation by fraud of error of two absolute titles to the have a good title against the cestuis que trust); and the purchaser must same land at the same time in two equally innocent holders cannot be take the precaution of paying his purchase-money to all the trustees in ignored. Within my own experience in Ireland the Crown actually sold person, or to a banking account in their joint names as prescribed in to a purchaser, and conveyed to him for a valuable consideration, land to the case of Bellamy v. Board of Works (31 W. R. 900). which another person, a client of mine, had a prior indefeasible title (2) The registry gives no protection against succession duty. Unless under the Incumbered Estates Court.

the Legislature will repeal so much of section 42 of the Succession Duty The Bill, as I have just shewn, practically abandons the attempt to Act as makes the duty a charge on real property in the hands of all confer an absolute title, and it would be an improvement if, in this persons claiming under the successor, no purchaser can be safe against respect, the wording of it were made to correspond with the fact, and an having to pay succession duty due from other persons on past successions, alteration suggested by a committee of our council to the Lord Chancellor without examining the title since 1853, and seeing that on every devolution adopted, by which the principle of a guaranteed title should be sub of the land by death all duties have been paid. stituted in name for an absolute title, and it were enacted that every (3) Until a central register of judgments, rent charges, &c., is estabperson who gives the Land Transfer Board the information and evidence lished, the purchaser will have to search at the Land Commissioners' which they may prescribe as sufficient should have a guaranteed title, Office and elsewhere for improvement rent charges, at the Central Office with a right to be indemnified out of the insurance fund in the event of for judgments, at the Enrolment Office for annuities, at the Bankruptcy anyone other than the guaranteed owner successfully maintaining his Office for bankruptcies, and so on; and to take his risk of rent charges right to the property or to any interest in it. To effect this it would be under the Agricultural Holdings Act and others, of which no register necessary only to alter section 10, sub-section 5, and section 16, so as to exists. A Bill to establish one central registry for all these incumbrances provide that in case of a claim prior in title to a registered owner being is now being promoted by the council. established, the court should order the re-transfer of the land to the (4) To have boundaries guaranteed on the register will take five years, rightful owner, and order indemnity to the registered owner out of the with notices in the meantime to adjoining owners and others; and any insurance fund. If the promoters of the Bill think that section 10 must person applying to the Land Transfer Board, or to the court, to object remain unaltered, and that a first registered proprietor and his repre- to the proposed boundaries is to have his costs paid by the registered sentatives ought not to be protected against prior claims discovered after owner; and if by the registration of boundaries after the five years' registration, they surely ought not to exact an insurance premium on inquiries any person is deprived of any right, the registered owner will first registration. If the guarantee principle, pure and simple, were have to compensate him out of his own funds, not out of the insurance adopted, registration of title would be conducted as the ordinary business fund. I do not suppose that many persons will apply to register their of an insurance company, with, of course, the inevitable disadvantage to boundaries on these conditions, and where they do not the purchaser the public that as the board would have a monopoly there would be no must make his own inquiries as to boundaries; he will also have to ascercompetition to compel them to keep up to the mark, but the board would tain from some other source than the register whether there are any soon ascertain by experience what evidence was sufficient, and what charges for land tax and tithe, whether either the public or adjoining premium of insurance should be charged. The rules prescribing the evi- owners have any easements over the land, and the terms of the tenancies dence to be furnished by applicants, and fixing the premium to be paid when let. for insurance, could be altered from time to time to meet the result of the (5) If the subject-matter of the purchase is leasehold, the purchaser experience gained, and, under able management, the business of first must ascertain by inquiries and evidence that the rent has been paid and registration of title might be conducted with the minimum of friction and covenants performed. expense, and the maximum of security.

These inquiries, of course, have to be made now. I only refer to them But the instances I have quoted above of the requirements of the regis as shewing that the new scheme falls far short of enabling land to be trar under the Acts in cases of dealings with land subsequent to first dealt with, as Stock Exchange securities are, without inquiry and without registration, shew that the difficulties do not end when the title is on the expense beyond that of looking into a book' kept by officials to see who register. The Bill contains no new provisions as to registration of the owner is. If the Land Transfer Act of 1875 is to affect all land in transfers, but the regulations now in force as to this branch of the the future, there will no doubt be some points on which it will want business will have to be altered as much as the requirements on first amendment. The Lord Chancellor proposes, by the amendments introregistration are proposed to be altered, or they will break down under the duced into the Bill, to repeal section 83, sub-section 2, which prohibits weight of business. It is impossible to predict with any certainty the registration of the ownership of an undivided share, but he does not deal amount of business likely to pass through any particular office, but with the more important section 21, which repeals the Statute of Limitaassuming the London district to be conterminous with the metropolitan tions so far as relates to registered land. This, I think, should be police district, which extends fifteen miles from Charing-cross, and which repealed, and some plan providing for registration of title of persons contais no part of any district registry of the High Court, the following facts acquiring title by adverse possession should be adopted, and the entry on may help us to a conclusion as to what will have to be done in it. The the Land Register of judgments in ejectment, or at least of execution of county of Middlesex is equal to about two-fifths in area of this district. The writs of habere possessionem, of decrees of foreclosure, of vesting orders and documents registered in Middlesex have been as many as 40,000 in a year. other orders transferring the ownership of land, should be made comThey are documents relating almost exclusively to freeholds, and leaseholds pulsory. There are several other alterations in points of detail which with more than twenty-one years to run, and so are the same class of require consideration in the Bill and in the Act of 1875, which have been with land in the same proportion take place in the City of London, and in council, but it is impossible to go into details in this paper. I fear I have the metropolitan parts of Surrey, Kent, and Essex, as in Middlesex, this done so too much already, but if it is now decided by the Legislature to The entire number of registrations in the Land Registry in the twenty-five interest as it is that of the public and our clients to endeavour to get the the London district alone ; and the rules which worked without difficulty tions in this paper which point out defects in the new scheme are intended when the documents to be registered were one or two in a week, will only to call attention to them, so that if they are defects they may be



535 he had dealt with the property he could require a memorial, and by the post point of numbers alone,” the lectures and classes provided by the society in he could send that document to Wakefield. The whole registration was London “are a complete failure,” he concluded by asking leave to move as then effected with the least trouble possible. He did not mean to say that follows: registration of deeds would supersede the Lord Chancellor's Bill, but there 1. That in the opinion of this meeting it is desirable to take steps to proseemed to be a tendency on both sides, Radical or Liberal, to go into some vide a fund with which to create a scholarship to be called the Victoria title registration. He wanted to impress it upon them that deed registration Scholarship, with a view to the better encouragement of legal study by was very good in Yorkshire, and might be adopted throughout the kingdom articled clerks, and also as a lasting memorial of the Jubilee Year of the as a prelude if they liked to title registraticn.

reign of Her Majesty Queen Victoria. Mr. MILLER (Bristol) said that what appeared to him to be a desirable 2. That the following be constituted a Committee (with power to add to feature, and one which ought to be an object of the council in addressing the their number) to act with the council of this society in carrying the foreLord Chancellor, was the amalgamation of the Land Transfer Act of 1875 going resolution into effect: The presidents and secretaries, for the timo with the proposed Land Transfer Bill of the present session. The Act of being, of the several provincial law societies; and 1875 had 100 sections, and innumerable sub-sections, and a set of rules, 3. That a sum of 500 guineas be at once contributed as a first donation by The proposed Land Transfer Bill would have unknown numbers of statutory his society towards " The Victoria Scholarship Fand." rules, and there would practically be four documents to refer to in working The PRESIDENT: I am afraid we cannot allow your resolution, except it. This would make it very vexatious and troublesome, and would lead to in the form of a recommendation to the council. delay and to an enormous amount of litigation, and to very bad results Mr. G. R. DODD (London) seconded the motion. He said he was very indeed.

much in favour of increasing legal education. The society could well afford The PRESIDENT said that the following passage occurred in the council's to do what was asked, and were in a good position to vote a certain sum for report, which had been sent to the Lord Chancellor :-“The Bill, however, the purpose. The society had received large sums from articled clerks, and is only supplemental to the Land Transfer Act, 1875, and it is absolutely had not expended the necessary funds in encouraging them in the way of edunecessary that before the system can be properly worked there should be a cation. He was not quite prepared to follow Mr. Ford in all his resolutions, consolidation of the two statutes, so as to remove the unavoidable confusion or anything like them, but he would second the motion as to scholarships. inherent in an attempt to graft a system of compulsory registration upon Mr. H, BRAMLEY (Sheffield) said the difficulty in the case of scholarships one which was merely optional.”

was to maintain the interest of the articled clerks in the scheme. They Mr. John Lewis (Wrexham) suggested that the report should be read. began very ardently, but soon dropped off, and at the end of the third year

The PresidENT: I am afraid there is an objection to that. The council the interest had entirely subsided. It was difficult for an articled clerk to have received the views of all the country law societies upon the entire Bill, devote the necessary time to preparing for these scholarships and to read up and in framing the report they had had regard to all the important sug for examinations and carry on his office work. The tendency also was for gestions received. After we have seen the Lord Chancellor upon the report, one man to carry off all the honours. The old system which had prevailed probably we shall be able to read it to the meeting,

when he was an articled clerk-namely, that each man had to make himself Mr. FORD asked if a copy of the report had been sent to the country law master as far as he could of his own profession—was the very best of systems. societies?

Mr. HOWLETT (Brighton) expressed himself in favour of articled clerks The PRESIDENT ; No; to the Lord Chancellor only.

learning their profession practically, and not becoming mere bookworms, Mr. LAKE (London) moved that, having regard to what the President had The clerk who was absorbed in seeking after scholarships and prizes was too said, the discussion of the Land Transfer Bill be postponed until the often in the Library when ho ought to be at the office. Therefore he following morning

thought too high a scale of education was to be deprecated. Sir Thos. Paine (London) seconded the motion. He said they would be Mr. M'LELLAN (Rochester) gave it as his opinion that if prizes of too great able to communicate the report to the meeting on the following day, and value were offered it would have the effect of taking up the time of those who then it could be more advantageously discussed.

were anxious to secure them, and they would devote it to study simply for The motion was agreed to.

honour, instead of devoting it to their practical work. He did not see how

they could be compelled to devote a certain part to practice and part to A HISTORY OF SOLICITORS AND ATTORNEYS.

study, especially if the value of the prizes was very great. Mr. F. E. SAWYER, F.S.A. (Brighton), read an excellent paper on this

Mr. J. J. COULTON (Lynn) said that, as far as his experience went, the most subject, suggesting the collection and publication of all records relating to

studious clerks were the best practical men. the profession, and sketching the heads of research and discussion. We

Mr. GREEN (Worthing) said it was not the men at the top who should be hope hereafter to print this paper in full.

looked after principally. What they ought to do was to raise the men who were at the bottom. It was not at all sensible to take men away from

practical work; and he doubted very much whether the benefit of law After the adjournment for lunch,

lectures was not greatly exaggerated. Some COMFORTING COMMENTS ON LEWIN v. WILSON (11 App. Cas. 639).

Mr. S. DAY (London) proposed as an amendment: “ That this meeting has

every confidence in the council of this society in promoting the education Mr. Bernard WAKE (Sheffield) read a paper on this subject in which, of students, and desires at this time to leave them wholly unfettered in the assuming for the time the position of judge, he humorously and carefully matter." summed up to the audience as jurymen, the cases of Chinnery v. Evans Mr. FORD said that was not an amendment. (11 H. L. 115), Adnam v. The Eari of Sandwich (2 Q. B. D. 485), Harlock v. The PRESIDENT: I rule that it is. Ashberry (19 Ch. D. 539), Newbould v. Smith (33 Ch. D. 127), and Lewin v. Mr. J. A. Rose (London) said that if Mr. Ford's proposal was a practical Wilson (11 App. Cas. 639), and concluded by submitting the following

one, he must say, from many years' experience of that gentleman, that it propositions:

was the first practical resolution he had ever brought forward. He (Mr. 1. That so long as Harlock v. Ashberry and Newbould v; Smith remain Rose) had the most absolute confidence in the council. He did not believe unreversed (I fear that Privy Council decisions on colonial cases do not in the value of lectures, but insisted on the necessity of an articled clerk override those of our appeal courts) no mortgagee is safe who does not receiving a good sound practical education. call in his mortgages every twelve years.

Mr. V.I. CHAMBERLAIN (London), speaking as one of the society's examiners, 2. That legislation is needed to reverse the decision in Harlock v. said he had been struck by the good sense shown by articled clerks in their Ashberry and in Newbould v. Smith, unless the latter be, as I hope it will, answers to the questions. The solicitors of the present day had pitchforked reversed by the House of Lords.

at their heads Acts of Parliament and new rules in a manner which was per3. That the finding of facts by judges without the intervention of juries, fectly appalling, and how were these to be understood unless by a proper and the consequent summing up process is dangerous [6.9., I urge that system of lectures and examinations ? any jury would find that Newbould was the agent of Smith to pay The amendment was carried. Alderson interest.]

The PRESIDENT was proceeding to put the amendment as a substantive, 4. That the law is now in confusion, because one court has decided that it

resolution, but is “not the duty of a solicitor to receive money” [Viney v. Chaplin (2 De Mr. Ford asked permission to withdraw his motion. G. & J. 468) and Bellamy v. Metropolitan Board of Works (24 Ch. D. 387)] and Mr. Day also withdrew the amendment. another court has decided that when a solicitor does repeatedly receive and Mr. Green said the president had said in his paper that every solicitor pay money, he does it as solicilor, and not as agent (Newbould v. ought to become a member of the society. He (Mr. Green) would like to Smith].

suggest some way by which this could be effected. If solicitors were asked 5. That it is advisable, in the very frequent case of solicitors acting for to join the society, they sometimes answered, “What shall I get by it?” He both mortgagor and mortgagee, and paying interest for the mortgagor, would suggest that there should be some such arrangement as existed in the and receiving it for the mortgagee, to create a clear agency by each medical profession. He would have every solicitor compulsorily a licentiate party giving notice to the other that the common solicitor is also the of the society without its being incumbent upon him to pay any subscription. common agent.

Three years afterwards he should be at liberty to become a member if he THE INCORPORATED LAW SOCIETY AND LEGAL EDUCATION.

pleased, and ten years after membership he should be entitled to be made a

fellow. Membership would carry with it the present privileges, and a subMr. Charles Ford (London) read a paper on this subject, in which, after scription would be paid as was the case now. referring to the obligation of the society in regard to legal education, and the licentiates would not like to be in the third class and they would become stating that, “ out of £11,000, which must be applied to education purposes members, and the society would thus keep touch of the whole of the profesprovinces ; and only a small percentage of articled clerks at such places sion, and any action would come with much greater weight from the council, attend these lectures, and that the society's examinations, as testing as representing the whole profession, instead of a section merely. the extent of legal studies by articled clerks, are not satisfactory, and Mr. OSBORN (Shifnal) thought the provincial solicitors would derive great I have always contended that the office of examiners of our society (who are advantage if they could be furnished with an outline of the work done by now, as I think, overpaid) should be thrown open to public competition, as the society. Digests of the report appeared in the legal papers ; but this in the case of the universities and other seats of learning; and that, in was not sufficient, for they did not give to the country solicitors the least.

idea of the work done. A solicitor, as soon as he had passed his examination in all cases settled before that stage the client has a large bill of extra at once lost touch of the society.

costs to pay his solicitor, for work necessarily incurred, which the stereoMr. Green moved “That the council be requested to consider whether tho typed charges do not cover. Now the remedy I would propose is that the whole profession can be brought into union with the Incorporated Law taxing officers should have a similar discretion, in regard to the allowance Society by the institution of licentiates, members, and fellows, as was done for instructions to sue or defend, as well as for statement of claim or by some other bodies, every solicitor being ipso facto a licentiate.”

defence. If the action proceeds to the stage of instructions for brief, the Mr. LOWNDES (Liverpool) remarked that it would be necessary to have a taxing officer would of course take into consideration the previous allow. new Act of Parliament and a new charter.

ances in determining the amount he would allow under that head. The Mr. MILLER (Bristol) thought the suggestion a step in the right direction. second point which calls for remedy is one which affects provincial suitors If they needed an Act of Parliament and a new charter, let them get it. mainly, viz., the disallowance for the attendance in London of the country

Mr. Munton (London) liked the proposition. He asked whether some solicitor at the hearing either of the action, if it takes place there, or on a member of the council would say whether it was a favourable suggestion. motion for a new trial or an appeal. The client looks to his solicitor to

Mr. G. R. DODD (London) observed that at the College of Surgeons there be present on all these occasions, and his presence is absolutely necessary were free examinations for membership and fellowship.

at the trial with the witnesses. It is impossible for the London agent to Mr. B. G. LAKE (London) hoped the resolution would be carried. It only take the place of the country solicitor on this occasion, and in most cases asked the council to consider a question which they were always considering where there is a motion for a new trial or an appeal, the attendance of the more or less, with the intention of doing all they could to extend the number country solicitor is of the utmost importance to the client. If the position of members. The resolution would come with great weight from the is reversed, and the defendant resides in London, and the trial takes meeting.

place in the country, the defendant's solicitor, if successful, is allowed Mr. BRAMLEY (Sheffield) said they had been discussing what was to be done with for his attendance in the country. There is surely no good reason why defaulting solicitors, and the carrying of the resolution would be very advan- the London suitor should be placed on a different footing from the tageous in that respect. If every solicitor on admission became one of the country suitor in this respect. The third item which occasions much loss society, and if they could get an Act passed for exclusion by the council of a to successful suitors is the inadequacy of the scale allowance to witnesses, member, practically meaning striking him off the rolls, they would then in the more especially in regard to the allowance to professional witnesses. case of defaulting solictors, get a satisfactory method of dealing with them. consider it quite unnecessary to enlarge upon this point. The experience

Mr. DIBDIN (London) suggested that the certificate duty should be of everyone present must be sufficient to convince him of the hardship abolished, or a part devoted to the payment of the subscription to the society. which the present system inflicts upon a successful suitor. I cannot

Mr. A. E. SHAPLAND (South Molton) did not think anything of letters discover any good reason for the distinction of the two modes of taxation being placed after their names, and was not in favour of placing a mark being retained. Is a successful suitor entitled to be indemnified by his against solicitors who had been struck off the rolls. They were struck off and opponent or not? I remember Dr. Lushington once saying that the there was an end of them,

maxim was good in law as well as in war, ve victis. The change would, Mr. RUBENSTEIN (London) said he had read a paper at the provincial no doubt, cause additional trouble and responsibility upon the taxing meeting three years ago, and his first suggestion had been to place letters officers. Upon this point I should like to quote some remarks made by after the names of members of the society.

three eminent judges, which seem pertinent to the whole question of this Mr. W. M. Walters (London) did not think solicitors would value very paper. The first is the judgment of the Court of Queen's Bench, delivered much the privilege of putting letters after one's name. They were at liberty by Lord Campbell in Howes v. Barber :-“The reasonable expenses to now to put S.S.C. and M.I.L.S. after their names if they chose. He did not which the plaintiff is put by being obliged to attend and be examined as quite see the object of making licentiates, unless it was followed up by an a witness to enforce payment of a just demand, or to seek redress for an Act of Parliament giving the council that control over solicitors which was injury, should be thrown on the wrongdoer. Again, if an unfounded now vested in the judges. He would be a strong advocate for that. action is brought, and the evidence of the person improperly sued is The motion was carried unanimously.

necessary for his defence, he is not indemnified if his own expenses are Mr. Francis D. Lowndes (Liverpool) read a paper entitled

not allowed to him. At the same time the mere fact of the parties being

examined is not by any means to be consided sufficient to establish a Ought A Successful LITIGANT TO BE Recouped BY His OPPONENT ALL claim for their expenses as witnesses; and if it appears that their attendHIS REASONABLE PROFESSIONAL EXPENDITURE IN OBTAINING OR Defend

ance was unnecessary, or that its real object was to superintend the ING HIS Rights ?

conduct of the cause, the claim ought to be rejected. The courts in such After sketching the origin and history of the present system, he said : cases trust to the intelligence and vigilance of the taxing officers to detect The scale of charges to be allowed to solicitors in respect of litigious and to frustrate attempts that may be made io swell costs unnecessarily; business was contained in certain rules which were issued under section under the pretext that the parties were material and necessary witnesses." 17 of the Judicature Act, 1875, and for these the Rules of the Supreme The other quotation is from a judgment of the Court of Appeal in : Court, 1883, are now substituted. These rules contain two scales of costs, recent case of Warner v. Mosses, reported 19 Ch. P. 72.

The ques. called the higher and lower scale ; but it is to be observed that the higher tion there was whether copies of the pleadings which had been made for scale is only to apply to those cases in which, on special grounds arising the court and used on an interlocutory appeal should be allowed on tamaa out of the nature and importance or the difficulty or urgency of the case, tion of the costs of the appeal. The late Master of the Rolls, in his the court may direct the higher scale to apply. Before considering how judgment, made the following remarks : Now, in this case it is clear far these scales of costs are adequate for the remuneration of solici. that the copies were necessary. The case could not have been argued by tors, I desire to point out that there are three modes of proceeding in counsel without a copy of the pleadings, nor could it have been decided the taxation of bills of costs. The first modo is strictly and simply by the judges without their having copies. It being therefore absolutely as between party and party; the second is between party and party, necessary for the attainment of justice that the copies should be supplied, is to say, when the opposite party has to pay the amount allowed to is that it would be inconvenient for the taxing masters to have to consider the successful party; and thirdly, between solicitor and client when the in such cases whether the copies were wanted or not. I do not agree as to client has to pay his solicitor. With regard to the third case I do not the inconvenience. Neither a taxing master nor a judge can compropose to say anything, as it rests upon quite different ground from the plain that he has to decide on what is necessary or proper for the at: matter of grave consideration whether it is not desirable that the dis- complain of being called upon to decide such a question, the 26th rule tinction which now exists between them should be abolished, and all bills imposes on them in every case the obligation of doing so and I should ba of costs between party and party be taxed upon the same basis as solicitor sorry were it otherwise. I am quite sure that those gentlemen would and client bills of the first mode of costs. Now in what respects does a never think of complaining of being trusted with that discretion, or of party and party and solicitor and client taxation differ? The principle having the trouble of exercising it."

And the present Master of the

*The masters exist for the purpose of in Morgan and Davey's work on Costs, as follows a "No costs are to be being troubled with the duties of their office, just as judges exist for the allowed which do not appear to the taxing officer to have been necessary like purpose. They must take the trouble.'

In conclusion I would urge or proper for the attainment of justice or defending the rights of the that the council be requested to bring this subject under the notice of the over-caution, negligence, or mistake, or merely at the desire of the party.." considered by a tribunal similar to that which settled the conveyancing And when the costs are to be taxed upon the second mode to which I scales.

Mr. J. A. Rose (London) expressed his strongest objection to the suitor the costs are taxed as between solicitor and client, the general principle against whom a decision had been given having the heavy costs of patent seems to be that the successful party shall be entirely free from what are agents, highly feed counsel, and so on, heaped upon him. "On the contrary, usually called extra costs. In practice the difference between these he would let him off as easily as possible. modes is chiefly felt in three particulars: first, in the disallowance in the former case of the solicitor's charges for attendances upon, and correspondence with the client, for instructions to prepare statement of claim or

WEDNESDAY'S MEETING. defence; for the solicitor's attendance at the trial, and hearing of an appeal ; and for the expenses of witnesses. With reference to the first, again taking the chair :

The proceedings were resumed on Wednesday morning, the PRESIDENT certain stereotyped charges are allowed for instructions to sue or defend for statement of claim or defence; and it is in respect of these that the clients largely suffer, as the scale charges are very inadequate to remunerate

LAND TRANSFER. a solicitor. A great improvement has been made in allowing a discretion to

Mr. Albert Saunders (London) was to have read a paper upon the taxing officer in dealing with the item of instructions for brief. When day, the paper wastaken as read.

“ Land Transfer," but, as for brief can be included, the hardship referred to be in part remedieat, glet mesures de tot ha establishmenmade af registrate cho rany land of any tenure

he did not arrive until late in the

In the paper Mr. Saunders


except copyhold (I would except copyhold, as each steward of a {manor effect of a register thus preserving and keeping up the evidence of title. keeps a register of the deeds affecting the land within the manor), but The vendor would, in lieu of an expensive abstract, deliver to the purchaser such lands would, of course, come on the register as and when they were a copy of the index of title, which would disclose all the assurances and enfranchised ; and this registration should be compulsory as to all deeds dealings with the land, and the purchaser could only demand a copy or made or executed after the passing or commencement of the Act, but abstract of such deeds as did not speak for themselves; and as the register should be optional as to deeds made executed before the became established so would the title of the person claiming under the passing or commencement of the Act. The mode of registration deeds become indefeasible, and the necessity for making searches or inshould be as follows:- The following particulars should be entered quiries as to deeds and obtaining certificates and declarations to verify on parchment, to be of & particular size, and ruled in a pre the title to the lands would cease, and each step or devolution in the title scribed manner, and which should be called the index of title. The having been proved at the time, the title would of necessity be easier of heading should comprise :-(1) A short description of the lands conveyed; proof, and land would become more marketable and less costly to transand such description should refer to such lands for the better identifica- fer. And with regard to the practicability of such a register it was contion thereof either to a plan drawn thereon, or annexed thereto, or templated by the Land Transfer Act to investigate all the titles in the deposited in the registry, and in the body should be entered,

kingdom. If that were practicable it must be practicable to register all (2) The date of the conveyance,

deeds relating to the titles without investigation of the title, and this (3) The full christian and surnames of the parties thereto, and their would be a much easier task if local registries were established. addresses and description, business, or occupation,

Mr. B. G. LAKE (London) referred to the report of the council with (4) The nature or description of such conveyance, and the lands con reference to the Land Transfer Bill which had been submitted to the Lord veyed, or a short description thereof, and the effect of the conveyance, Chancellor, and said that, if in bis observations he deviated from the

(5) The name or names of the grantee or grantees, his or their addresses report, what he said must be taken as a personal statement and not as and descriptions,

representing the opinions of the council. He would call attention to two And in case of a will or letter of administration,

or three points to which he thought attention might profitably be directed. (6) The date of probate or letters of administration,

They had a large attendance of members from the country, and the (7) The name of the testator or intestate, his address and description, or council desired to receive suggestions and advice with regard to the lines occupation,

they should take to endeavour to frame the Bill so that it should be a (8) The description of the document, whether will or codicil, or letters workable measure. He would point out what appeared to him to be the of administration,

leading features of the Bill. It was based upon the Act of 1875, which (9) The name, address, and description of the devisee, legatee, or was a voluntary Act, but the present Bill was to be compulsory; and it administrator.

appeared to him that that was the most dangerous point about it. He The index of title and conveyance to be registered should forthwith be would not for a moment suggest that compulsion might not possibly be produced to the registrar, who should, if the particulars of such convey- ultimately desirable ; still less was he suggesting that compulsion was not ance have been correctly entered upon the index of title, cause the same for the interest of solicitors, for, from a purely selfish point of view, it particulars to be entered in a book to be kept for that purpose, to be might be entitled an Act for making the fortunes of the present race of called the official register, and the registrar should assign a reference solicitors at the expense of those which were to follow. But he deprecated thereto; such reference should include (1) the name of the owner, (2) the compulsion very strongly, because it ought pot to be introduced until the name of the county in which the property is situate, (3) the year of the scheme had been worked out and shewu to be practicable. If, as the Bill registration, (4) the folio of the official register, thus: Smith, Geo., proposed, registration was to be compulsory, not only on owners who Middlesex, 1886, fol. 100; and such reierence should be stamped upon desired to deal with their property, but also on owners who did not, if the index of title, and the seal of the registry office should be affixed or that was to be the law of the land, it was most essential that there should impressed opposite the entry of the particulars of each conveyance be, at all events, a number of years allowed to them to see that the entered ; every subsequent conveyance relating to the same land should scheme which was to be made compulsory was workable and well underbe registered, by entering such short particulars as aforesaid on the same stood. He could scarcely conceive a greater catastrophe than that soliciindex of title immediately following the last entry, and subsequently tors should have a sudden rush to throw the net of compulsory registraproduced to the registrar for registration, who should cause the corre tion over all England at the same moment. He thought that if a strong sponding particulars to be entered on the official register under the same opinion were expressed that compulsion was an evil until the system had folio and reference, immediately following the last entry; and when so been proved workable it would have its effect upon the Lord Chancellor entered, the entry on the index of title should be stamped with the seal and the House of Commons. The second point of importance was of the office, and the date when the same was registered indorsed on the the establishment of an insurance fund. The scheme was that it conveyance.


conveyance dated after the time appointed for the com should be established by those who were compelled to come in to register. mencement of the Act shoula be registered, unless the same had been that appeared a very great injustice, If they made the system of duly stamped. An owner of land desirous of registering the conveyances registration optional, it was perfectly fair, if an insurance fund was relating thereto dated before the time appointed for the commencement of wanted, to say that those coming in hould find the fund, but if they the Act, should be at liberty to do so, but such deeds and the evidence made it compulsory, in the public interest the expense ought to fall, not of the devolution of the title should be entered on the index of title in on the individual landowners, but on the public. Moreover, it resulted in chronological order, and in the manner prescribed, and the index of title this, that those who registered and had good titles would have to establish should be produced to the registrar with the deeds, who, if the particulars a fund for the bene fit of those whose titles were not so sound. The next of such conveyances, &c., have been correctly entered on the index of point of very great importance was the constitution of the Land Transfer title, should cause the same particulars to be entered on the official Board, which would, subject to certain rights of appeal, have the whole register and assign a reference thereto, which reference should be stamped control of the conveyancing business of the country. The Bill provided on the index of title, and the seal of the registry office affixed or im for no single qualification whatever for any member of the board, and it pressed opposite the entry of the particulars of each conveyance, &c., and was conceivable that they might get three gentlemen appointed not one the date of registration indorsed on each conveyance; and every sub

of whom had ever seen a conveyance. That was a possible state sequent conveyance relating to the same land, executed after the com. of things, and ought not to be possible. Under the Act of mencement of the Act, should be registered in the manner prescribed on 1875 it was not possible. On that point the council had laid great the same index of title and official register, and immediately following the stress in their observations to the Lord Chancellor, and it was essential comprised in several previous conveyances, registered in the prescribed knowledge of conveyancing and land business, and should be presided manner and under several 'references, such conveyance should be over by a president of equal rank with a judge of one of her Majesty's registered by entering the particulars thereof in the prescribed manner on courts. It ought to be someone whose authority on matters of law would dex of title should always accompany the deeds, and the person for the This had been carried out in the case of the Probate Act with the best retime being entitled to the deeds should be entitled to the index of title, sults. There was an entirely new system introduced into the Bill called

That was that a land proprietor who had include the index of title, and any deposit not so® accompanied should be put himself on the register with a possessory title might, by Lands for valuable consideration registered in the prescribed manner ; and end of that five years, to have the entry of his title confirmed as an teact commences with a conveyanca registered in the preseribed manner, object such a scheme as that could have. He could see that a great many the purchaser should not at the expense of the vendor be entitled to an openings might be made for fraud and error. Then there was abstract of title, but he should in lieu thereof be furnished at the ex

By the Act of 1875 of the vendor with a copy of the index of title, and the purchaser that power was vested in the Lord Chancellor with the advice and con. the production and examination of the conveyances thereign referred to; Lord Chancellor alone, subject only to this, that the rules are to be laid

on the table of each of the Houses of Parliament, if sitting, and, if not, abstract or copy of such conveyances only as contain limitations and re then a certain number of days after it next sits, and that either House

Mr. Saunders could annul the whole of the rules. There was no power to reject some and elaborately developed the details of this scheme with regard to leaseholds, modify others, but the rules must be rejected as a whole. That seemed

intition, and other matters, and said that, in the scheme foreshadowed by extremely dangerous, and the council had pressed upon the Lord Chanlarge could be ascertained without any miculty byla per te of thartificia cules should be vested in his lordship, the rules should be prepared after After discussing the argumenter against registered into these upanties, he land: práceisingasticitors and practising boat Pinterest in other words, those with

under the particular referencial assigned to prehrane particular fania. being submitted to some practical body, which should be representative of We will now pause your home na mautet angis trentaine de aburam cea a sathe practistene relicom.ibility and time orek carrying out the Act would rest.

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