Page images

very considerable item. The third item was with regard to the “other made both at Oxford and Cambridge.” He said he gathered from it that expenses, including examination postage.? Up till 1884 the item of the committee was limiting its inquiries to the universities of Oxford and printing and stationery had appeared separately. It was now merged in Cambridge. He suggested that these inquiries should be extended to * other expenses," and therefore that item was necessarily swelled. Then London, not merely to the existing university, but perhaps rather to those there was the matter of “registration expenses, &c.," increased from bodies which were at the present moment supporting and directing the £419 188. 4d. to £1,295 193. 78. That item included a portion of the cost movement in favour of a more close association of examining and teachof the rules, and was, for the reasons he had already given, very ing in London. It might be within their knowledge that a reform of the much larger than in 1884. “Sundry bills”—the principal cause of in- University of London was proceeding from within as well as from withcrease in this item was the amount paid to a painter for cleaning, which out, and that the Committee of Convocation had suggested a scheme, one it had been thought it was not proper to bring under the head of repairs. section of which provided for the representation on the governing body of Again, the council had paid £70 for a doctor, which was a special item the university of this society. Convocation, of course, had only advisory not likely to occur again. The increase in “voluntary subscriptions" was functions, and not executive. The senate of the university had also due to the fact that the council had made a special contribution of £52 10s. appointed a committee to consider the reform of the university, which had to King's College Hospital.

drawn up a scheme which had been reported by them to the senate. Mr. PHILLIMORE could not understand still how the registration item That did not provide for the representation of the society upon the was increased.

governing body of the university, and thereupon a resolution had been Mr. PENNINGTON, whilst very glad to give every information, thought carried referring the scheme back to the committee, so that they might it extremely inconvenient that he should be called upon to give explana- consider the desirability of the society being represented upon the tions of details at this meeting which could be readily afforded if Mr. governing body of the university. The Council of the University College Phillimore would call at the cashier's office after giving him (Mr. Pen

of London, of which he was a member, and the Council of King's College, nington) notice. He should then have the completest information, and he had taken up the work, and had adopted a petition to the Crown, having could then bring a motion before the society. That seemed the business. for its main object the power to confer degrees in several faculties, omitlike way to treat the matter. He (Mr. Pennington) deprecated the time ring for the moment the faculty of laws, because they had found some of the meeting being taken up in this manner upon mere detail items of difficulty in associating themselves with the Council of Legal Education the account. The accounts had been carefully examined by auditors, and and the Council of the Law Society, who were practically at the head of if the auditors had been dissatisfied with any item they would have re the legal education of solicitors. fused to pass it. He had only to repeat that the expenditure in the Mr. Dodds, M.P., said that he ought, perhaps, to have made the suggestion purchase of rules was the main cause of the large increase from £419 18s. 4d. he was about to offer to the council when the report was under their con. to £1,295 19s. 7d. The probability was that next year there would be a sideration. He would suggest that there should be, if there was to be corresponding decrease, unless, of course, the authorities chose to issue any extension at all, an extension to the universities generally. There was rules upon every conceivable subject. The council circulated the rules now in the North of England the University of Durham, which for some time for the benefit of the members. They thought it right to give them every had made very little progress, but now, under the genial influence of the possible information that came to them, therefore there could be no doubt Bishop of Durham, it was making very considerable progress, and he as to the propriety of the expenditure.

thought that any privilege which should be extended to graduates of Mr. Phillimore then moved: “That the annual account be referred Oxford and Cambridge should also be extended at least to the University back to the Finance Committee to supply to the members an amended of Durham. account, shewing why the 3rd, 4th, 7th, 8th, 14th, aud 16th items of pay Mr. N. HANHART (London) said that last year he had brought forward a ment, which amounted in 1884 to £2,936 10s. 8d., have increased in 1886 motion proposing that some sort of co-operation should take place between to £5,503 28. 4d., notwithstanding that the society's income last year has the society, or the council, and the bodies or committees which were then diminished £1,039 138. 8d., and the number of articled clerks has attempting to perfect the reform of the University of London, and to decreased.” He said he thought this would be the most convenient way infuse into that body a teaching element. It had been then thought that to get the accounts dealt with, and said that three years ago he had it was not for the society to shew any great avidity to assist the University endeavoured to gain the information by going to the office but had been of London in reforming itself, particularly as it was not a teaching body, unable to do so. When items increased so largely it was the bounden and therefore the society could not co-operate with it in the sense of duty of the council to refer to the increase. The long and short of Mr. improving education. But he trusted, after the steps which had been Pennington's answer was that the society had spent a little more on rules, taken to improve legal education at Oxford and Cambridge, they would bat it was not altogether satisfactory, because he had told them that there also apply themselves to assisting in the scheme for making the University had been some turning about of expenses from one item to another. It of London a teaching university, and shewing some readiness on the part of was a prime necessity that their accounts should be given out with a great the society to accept the privileges proposed to be conferred upon it. deal more detail. No sundries ought to appear for a larger amount than Mr. F. K. MUNTON (London) referred to the paragraph of the report £20, but the items should be specifically meationed. There was a very dealing with the Middlesex Registry, the concluding portion of which strong impression abroad that the £10,000 received from the articled

“Mr. Munton, with the approval of the council, is now clerks was not expended wholly to that account. He had ascertained testing the question judicially hether a commissioner to administer since he had sent in his notice of motion that the society's income had oaths in London has or has not a right to administer the oath not decreased, but it had increased by about £124. The number of verifying the memorial—the registrar contending that the oath can articled clerks had decreased.

only be administered at the office of the Middlesex Registry by Mr. KIMBER seconded the resolution pro formå, observing that to his one of the officials there." He said his attention had been drawn mind the explanation of Mr. Pennington was not satisfactory, and he did to some correspondence which had taken place in the legal journals with not think Mr. Pennington had dealt with it with the dignity which be- regard to the course now adopted in the Middlesex Registry which would came a member of the council. There was no reason why the members have to be brought before the society at scme time or other. Since the should not have a business-like statement. Why did not the council refer proceedings referred to had been taken and the fees fixed, the difficulties to the increased activity of the society as a reason for increased expendi- thrown in the way of the profession were very much greater than He believed the society had been more active than usual, but it formerly, and they were exceptionally so

as regarded the so-called would be more satisfactory to see the accounts set out differently.

lexicographical index to which one had to go for the purpose of Mr. MELVILL GREEN (Worthing) agreed entirely with Mr. Pennington making an ordinary search. He thought the society had better that it was most inconvenient to discuss these details at a general proceed with one thing at a time, and they had better dispose of the meeting: The convenient course to adopt would be to get an auditor who oath question before asking the council to take up other matters, howwas critically disposed to give them a separate report, and if Mr. Philli ever important they might be. With regard to the audience of persons more had not withdrawn his candidature and had been appointed the

other than solicitors in county courts, which was referred to in the report, society would have had the thing thoroughly brought before them and it was known that a committee had been sitting at the Law Institution which they would understand exactly what it would be desirable to have in the

had under consideration the subject of county courts.

The last meeting accounts, but they would never get it from these inconvenient debates of that committee had taken place that morning, and he was justified in which they had every year.

He gravely doubted whether there was as stating that there had been a feeling on the part of the committee that they much economy exercised as there might be in the matter of printing. might meet the views which were expressed by the council and which were He hoped they would not pass the amendment, because it implied a cer. somewhat contrary to their previous report. He believed that by a little tain amount of slur upon the Finance Committee.

give and take on either side a satisfactory report would be arrived at, and The amendment was put and negatived by a large majority.

that great benefit would arise therefrom. He then referred to the Selden The President then put the motion approving of the account, which Society, which, he said, had for its object to encourage the study of was adopted.

English law. About 100 eminent members of the other side of the proTHE ANNUAL REPORT.

fession were connected with it, and they were desirous of getting solicitors The President moved that the annual report be received, approved, and council would see their way to rendering assistance to the forwarding of

to unite with them in forming a good strong society. He hoped the entered upon the minutes.

the society, and that many solicitors would be induced to join it. Mr.J. B. Benson (London) read the following paragraph, which appeared in Mr. Kimber said no severer rebuke could have been given to the society the report with regard to legal education at the universities:-“This matter, than the observations of Mr. Munton. The object of the Selden Society which must always be one of great interest to the profession, was brought was to encourage the study and advance the knowledge of the historyted forward at the York provincial meeting by Mr. F. P. Morrell, and it was English law. He thought that was one of the objects of the Incorporated resolved that it was desirable that the facilities for obtaining a university Law Society — committee appointed by the council to inquire how that object could be had allowed Mr. Munton to refer to the Selden Society, but the mattier

The PRESIDENT reminded Mr. Kimber that as a matter of courtesy he attained. The matter was, in accordance with this resolution, referred to the Examination Conmittee, by whom preliminary inquiries are being cussion upon it.

was not mentioned in the report, and he could not permit a general dig.



" That a

Mr. KIMBER said there were certainly some observations in the report at their principals' offices; and if the standard of examination was raised with reference to legal education, where it said that the subjects set and it would, he thought, be likely to aggravate the evil. He was also at the standard required at the Preliminary Examination had for some time variance with Mr. Kimber with regard to his observations on the Agriculpast been under the careful consideration of the council, and that with tural Tenants' Relief Bill. He indorsed what bad been said with regard the view of increasing the efficiency of that examination certain altera to the Selden Society, also with respect to the University of London and tions had been resolved on, including (1) the substitution of passages for legal education. translation at sight in the Language Examinations in lieu of passages The report was then adopted. from books set beforehand, (2) the addition of Algebra up to simple equations and the first four books of Euclid in the Arithmetic Examina

OCTOBER MEETINGS. tion, (3) a more stringent regard to spelling and English composition. Mr. MELVILL GREEN moved, in accordance with notice : He was very sorry to see this last statement, for he should have imagined committee be appointed to consider and report on the arrangements that every gentleman who presented himself for the Preliminary Examina- of the October Meetings, and particularly as to choice of subjects ; tion would have had beforehand a stringent regard to spelling and com selection of readers and speakers, limiting length of speeches, and position, but he supposed the council thought otherwise. It was a con- giving right of reply; time of distributing prints of the papers ; prefession on the part of the council that the members were behind even the vious publication of the programme of the meeting; admission to the Matriculation Examinations at the universities. Considering the tendency debates of solicitors not yet members ; and all other points likely to of modern education, especially of technical education, the council ought increase the interest and beneficial influence of these meetiogs." He said to insist on a greater acquisition of modern languages. Two foreign that, under the present arrangements, the discussions had the tendency to languages at least should be insisted upon. With regard to the Agri- be of a desultory character, and therefore lees effective than they might cultural Tenants' Relief Bill, the report contained the following :-“The be. The papers contributed were contributed by individuals who took an Bill purports to protect the landlord by provisions which appear to the interest in the subject on which they wrote, but which might not happen council to be inadequate. The proposal of the Bill as to the division of to be one of general interest. He referred to several of the papers at the rates is that the tenant shall be entitled to deduct from his rent one-half last meeting as a proof of this. He did not think a committee would have part of all sums paid by him during the current half-year or year for poor selected some of the subjects which were brought forward. Further, the and other rates assessed or leviable upon the tenant. If this should members did not know what subjects were coming on until they had become law, it appears to the council that power should be given to the previously made up their minds to attend. The Land Transfer Bill had landlord to appeal against the assessments in the same way as the occupier been discussed last month on two days, but with much less vigour and may appeal." The report also stated that the provisions for the protec- effect than if it had been announced beforehand. But he only proposed tion of the landlord in the Act of 1883 appeared to the council to be that the mode of conducting the meetings should be considered. reasonable and proper, and such as ought not to be repealed. He doubted

The PRESIDENT said he did not think any objection would be offered to very much whether the council would find themselves in consonance with the motion, which was a very reasonable one. Would he arrange as to the general opinion of the members of the profession. He should like the choice of the committee ? them to give their reasons for the opinion they had come to. To his Mr. Green said he would be disposed to leave it to the council to mind these provisions were unreasonable and improper, and the Govern nominate the committee. ment were perfectly justified in bringing in a Bill to repeal them.

Mr. S. DAY (London) said he was about to propose that a committee of Mr. MARKBY: It is not a Government Bill.

the council and of such members of the society, not exceeding any number Mr. KIMBER said that at any rate it was well supported on the Con- agreed upon, should be nominated by the council. servative side of the House. The report under the head of " Delays in the

Mr. GREEN was quite of that opinion. Taxation of Costs in the Chancery and Queen's Bench Divisions” had the

Mr. Day then seconded the motion. following paragraph :—"The council suggest that the best course to Mr. PHILLIMORE suggested an amendment: “ That a committee be adopt would be to assign three masters to each division (one each for cases appointed to draw up rules of procedure and debate for all general from A. to F., from G. to N., and from 0. to Z.), and that they should meetings, and especially to consider and report on the arrangements of attend in the same division every sitting during the year. Further, that the October meetings, &c." the masters should be required to attend at the opening of the offices

The PRESIDENT said Mr. Green's motion had reference to the October at ten o'clock, and stay till four o'clock, and that there should be three meetings and not to other general meetings. masters in daily attendance during the whole of the Long Vacation.

Mr. PHILLIMORE moved his amendment, but it was not seconded. The taxation of costs by one particular master to whom the action has

Mr. Day observed that he rather objected to that part of the motion been assigned should be abolished, subject, however, to power being given which suggested the admission to the debates of solicitors who were not in special cases where the sitting master may think it necessary to refer members. to the particular master to whom the action has been assigned any ques.

The motion was carried. tion that may arise upon the taxation of the costs.". He thought the

SOLICITORS AND AUCTIONEERS. council were entitled to the gratitude of the members for the suggestions they had made. It was also stated that during the past year twenty-one Mr. CHAMBERLAIN (London) said he had been deputed by Mr. Gribble to solicitors had, at the instance of the society, been struck off the roll, and move the following resolution, of which he had given nutice: "That the two had been suspended, and that other cases were now pending. He committee appointed at the general meeting held on the 28th of January, Was sorry the council had not thought proper to express their regret at 1887, to consider and report to the council whether or not it is expedient this state of things. He urged that, where a solicitor was convicted of a to assimilate the practice in England generally to that which prevails in criminal offence, power should be given to the judge to remove his name the North of England with reference to the employment and remuneration from the roll, and that it should be made a part of the sentence. He of auctioneers, be authorized to consider and report to the council upon objected that there was nothing in the report about Sir Albert Rollits any questions affecting the practice on sales of property by public auction, Bill for compulsory registration or about the Criminal Evidence Bill, and and the remuneration of solicitors and auctioneers for such sales." that nothing was said about a court of criminal appeal or about judicial Mr. ELLERTON (London) seconded the motion, which was agreed to. slander, with respect to which there had been an important case recently, Judicial slander did not always happen in the magistrates' courts, but

REGISTRY OF TITLE. sometimes in the High Court, and it ought to be put an end to.

With Mr. E. K. Blyth (London) moved, in accordance with notice : “That it regard to delays in the Chancery Division, he said there were 900 is undesirable and unnecessary, for the purpose of establishing a system causes waiting to be heard, and insisted that there ought to be more of registry of title, that the State should assume the responsibility of judges.

either declaring the title of land to be indefeasible, or of guaranteeing Mr. R. S. FRASER (London) said that everyone must be struck by the it.” He said he was not proposing any new plan, but was simply asking great amount of attention given by the council to the subjects treated of the society to approve of the plan which was proposed many years ago by in the report. With regard to legal education he said he felt that every Mr. Cookson, approved by Mr. Buller, and supported by Mr. E. Wilkins one applying to be inrolled, if he had not received a fairly liberal educa- Field, and with respect to which they had first converted a committee of tion was unfit to be inrolled, and the judges should have the power of the House of Commons and then satisfied a commission which reported in that solicitors' work should be handed over, as in the case of the BankWith respect to the Land Transfer Bill, he objected 1857 of the feasability of their plan. Had the various Lord Chancellors who

had dealt with the subject since then adhered to this plan he believed the ruptcy, Bill, to gentlemen who were not solicitors. This the solicitors question would have been in a different position at the present time. In

1852 Mr. Cookson had brought forward his paper advocating an unwarranted disfranchised, in the first place by the constitution of a Land Transfer registry of title. In 1853 a Bill had been introduced for the registration

of insurances. tomten He felt that they should make a strong protest against the con- given evidence, and they recommended that the Bill for registering tinuance of this in the Bill, and as far as they could that they should insurances should not be proceeded with, but that a Royal Commission leave no stone unturned to insure that the work should be left to solici- should be appointed to consider the question of registration of title. That hors: Solicitors did not want to push their way into the courts, therefore had reported in 1857 in favour of the registration of ownership, and that Registry. With regard to the rules he urged that the councilbought to be tration, but not to any rights and interests subsequent thereto. gentended that solicitors only ought to be placed on the Land Transfer existing, subject to all rights and interests attaching at the time of regisno ked to prepare them under the approval or the Lord Chancellor, and he this report before him-Yord Westbury had entirely thrown over the ques.

DET: PHILLIMORE disagreed with what had been said by Mr. Kimber and Westbury's Act contained the principle of indefeasible titles, and it was band considered the accommodation in the library it was said that many warranted title, they hadma perfect precedent for it in the system of ha dhe society to raise the standard. in the report of the committee which wachometedo had taken themselves off the register. As regarded the "un students were in the habit of spending their daya at the library instead of court rolls, and he thought those with experience would say that they

veto in such cases.

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

were extremely workable and that their safety was almost undisputed. | Munton had undertaken to second :-(1) That, in the opinion of this He ventured to hope that the society would pass the resolution and meeting, more judges are required to deal with the current judicial work. that the council would be enabled under it to go a little further than (2) That, pending such addition to the judicial strength of the courts as they had done in the valuable report which they had made, in which may be necessary to meet the demands upon it, it is expedient that a they only declared that, whether compulsory or not, a system of guar; Board of Arbitration should be appointed by this society, to consist of anteed title was preferable to that of indefeasible title as contemplated solicitors; and that it should be a recommendation to the members of this by the Bill, and that they would be able to use the influence of the society to insert in contracts prepared by them an arbitration clause, resociety in the House of Commons in favour of the excellent system of ferring all questions which may arise thereon to such board. (3) That it Mr. Cookson and Mr. Field.

be referred to a special committee of members to frame such rules as may Mr. Fraser seconded the motion, observing that it would be better

be necessary to carry out the second of these resolutions, and that such that the society should have a special meeting to consider the matter. rules, when framed, be submitted to a special meeting of this society for

Mr. CHAMBERLAIN wished to move an amendment. He said that with so confirmation. He said he thought there would be a large number of small a meeting at this late hour it was not expedient that such a resolu- solicitors ready to give their assistance to the council in the way indicated. tion should go forth as a resolution of the society. It ran more or less He would be quite content to accept the nominations of the council in counter to the report which had already been handed in to the Lord connection with actions in which he was concerned. Anything would be Chancellor. The best way of dealing with it would be to refer it to the better than that clients should be starved out as they were. How the lists council to consider the question. He was far from suggesting that the were arranged under present circumstances it puzzled one to conceive. council had not already considered it, but he thought that would be He felt, however, that the subject would be better discussed at a fuller the best form for the resolution to take, and he would move that as an meeting, and he would be glad if any of the members who thought the amendment.

matter worthy of consideration would communicate with him with a Mr. B. G. LAKE (London) suggested that, in view of the present state view to arranging for a special meeting of the society to be called by of the meeting, Mr. Blyth should withdraw the motion, otherwise he (Mr. requisition to the council. He would therefore withdraw the resolution. Lake) would feel himself compelled to give some reasons why it would be Mr. GREEN said that, as there was no provincial meeting this year, a inexpedient to pass it.

very good opportunity would be afforded for calling a meeting in NovemMr. Blyth said he would prefer Mr. Chamberlain's amendment. ber, and it would not give rise to the inconvenience which might be felt

Mr. Lake was afraid the council had considered it so often that the in other years. The next ordinary general meeting would not be until amendment would not be of much value.

January. Mr. B. J. L. FRERE (London) thought the points of the motion too Mr. NEWMAN (London) moved, and Mr. Day seconded, a vote of thanks partial. There was an abundance of more important objections to the to the President, which terminated the proceedings. Bill. He did not think they would gain much by passing the resolution at a meeting of twenty-five or thirty gentlemen such as this had dwindled to. The resolution, moreover, did not touch a great many things which ought to be brought under consideration.

The following are extracts from the report of the council :Mr. Blyth said he cordially agreed with the statement that there were Number of Members.—The society now consists of 4,922 members, of other objections.

whom 2,669 practice in town, and 2,251 in the country ; 436 new members Mr. W. WILLIAMS (London) thought it very undesirable that the motion have joined the society during the past year, but the society have lost should be discussed at this late hour. He was the only survivor of the through death and other causes 159 ; so that the actual increase is 277. members of the council who had assisted Mr. Cookson and Mr. Field in Lectures and Law Classes in the Provinces. In their last annual report the bringing forward the scheme which had been referred to as having been council stated that if lectures and classes could be established in local before the council in 1853. He (Mr. Williams) had been examined before centres, such as Bristol, Exeter, Leeds, Manchester, and Newcastle-onthe House with Mr. Cookson and Mr. Field and Mr. John Buller, and it Tyne, the society would contribute in aid of the scheme a sum equal to was through the intervention of Mr. Cookson, Mr. Field, and himself the contribution of the local society, but not exceeding £100 ; such grant that Mr. Buller had prepared the Bill which was appended to the report to be reconsidered every year. Since then lectures and classes have been of the Committee of the House of Commons in 1853. Whilst he entirely established at Newcastle-on-Tyne, in addition to those previously es, acceded to the motion before the meeting, he thought it very undesirable tablished at Birmingham and Liverpool. The council have addressed that it should go forth as a resolution of the society as there were so few communications to the provincial law societies, asking whether any present. There were many other points of more practical importance for provision for the legal education of articled clerks exists in their districts, the consideration of landowners than this particular question, and he or whether a desire for the establishment of any system for the purpose thought it would be very desirable that those particular points which prevails amongst the members of the profession there. The council have would come with the greatest force to all landowners should be brought continued the grants to Birmingham and Newcastle-on-Tyne, and, having to their attention in some pointed way. The necessity of a landowner to regard to the special efforts made by the Liverpool Board of Legal register his title before he could sell an acre or grant a building lease was Studies for the Promotion of Legal Education, they have also decided to very objectionable. In connection with the subject he might mention increase the grant to Liverpool from $100 to £150 for the year ending that a short time since a client, a Member of Parliament, had said to him, April, 1888. referring to the Land Transfer Bill, that he had followed Lord Salisbury, Legal Education at the Universities.—This matter, which must always be and he had followed the Lord Chancellor. He (Mr. Williams) had said, one of great interest to the profession, was brought forward at the York “Do you know what you are doing? I am selling for you every week Provincial Meeting by Mr. F. P. Morrell, and it was resolved that it was land for building purposes in Surrey and in Hampshire. I am granting desirable that the facilities for obtaining an university education by solici: building leases for you, but, if the district should include Surrey or

tors should be extended, and that it be referred to a committee appointed Hampshire, I shall not be able to sell an acre of your land or grant a by the council to inquire how that object could be attained. The matter building lease without registering your title.”. He said, “You do not mean it?" He (Mr. Williams) had replied, “ Yes, I do, and you have Committee, by whom preliminary inquiries are being made both in Oxford

was, in accordance with this resolution, referred to the Examination followed your leader and voted for that scheme." He had said, “I did and Cambridge. not know it, and wish you had told me.” He (Mr. Williams) had re

Examinations. The result of the last four Preliminary, Intermediate, plied, “You have had the reports of the Council of the Law Society, and and Final Examinations is as follows:you have seen what they have said on the subject; but you have blindly followed the Lord Chancellor, and the consequences be upon your own

Preliminary Examination.--In July, 1886. 134 candidates passed and 30 head. It forms no part of the duty of lawyers to protect the landowners February, 1887, 138 passed and 36 were postponed ; and in May 118 passed

were postponed; in October 121 passed and 44 were postponed; in if they will not protect themselves.” But that was the state of affairs, and 41 were postponed. and it seemed to him (Mr. Williams) very undesirable that such a resolution should be passed without matters of more practical importance being were postponed ; in November 262 passed and 67 were postponed ; in

Intermediate Examination.-In June, 1886, 192 candidates passed and 90 attended to. He did not think this was the only point which required January, 1887, 147 passed and 55 were postponed ; and in April 200 attention ; therefore, it would be very much better if the meeting would passed and 67 were postponed. not adopt it. Mr. BLYTH withdrew the motion.

Final Examination.-In June, 1886, 294 candidates passed and 96 were

postponed ; in November 221 passed and 56 were postponed ; in January; THE SOCIETY'S CALENDAR.

1887, 159 passed and 73 were postponed ; and in April 155 passed and 69 Mr. PHILLIMORE asked, in pursuance of notice : "

were postponed.

“Why is the annual account now omitted from the Calendar?"

Preliminary Examination. The subjects set and the standard required at Mr. PENNINGTON said the answer was that the Calendar was divided into careful consideration of the council.

the Preliminary Examination have for some time past been under the two parts. The first part, which would not be published every year, con efficiency of that examination, certain alterations were resolved on, ine

With the view of increasing the tained this year the statement of accounts.

cluding (1) the substitution of passages for translation at sight in the THE LIBRARY.

Language Examinations in lieu of passages from books set beforehand; Mr. PulliMORE, in view of what had been already said and of the books of Euclid in the Arithmetic Examination ; (3) a more stringent statements in the report concerning the library, said he would not ask the regard to spelling and English composition. The addition of Algebra following questions of which he had given notice : -" (1) Why the amount and Euclid involved an alteration in the regulations requiring the previous expended on the library in the last two years has been diminished from approval of the judges. On the altered regulations being submitted for £654 128. 11d. to £479°163. 9.? (2) Whether the council intend to take approval of the judges, they objected to this addition to the arithe any, and, if so, what steps to improving the library?”

metic paper being treated as essential, and approved it only upon the THE NUMBER OF JUDGES.

terms that Euclid and Algebra could, at the option of the candidate, be Mr. R. S. Fraser had given notice of the following motion, which Mr. the alterations now introduced will be of material use in testing the

adopted in lieu of one of the two languages prescribed. It is hoped that

acquirements of candidates, and securing that those who pass shall have would take steps for remedying the matter referred to. A clause similar had a sound training in the essential branches of an ordinary education. to that suggested by the council has been introduced by his lordship into

Final Examination. During the past year the council has also made the Land Transfer Bill. alterations in the distribution of subjects at the Final Examination and in Bills of Sale Bill.-In January last, the council called the attention of the number of questions set in each.

the Lord Chancellor to the decision of the Court of Appeal in the case of In this re-arrangement the old classification of these subjects into Ex parte Stanford, Re Barber (17 Q. B. D. 259), to the effect that a bill of "essential" and "non-essential” has been abandoned. It is considered sale is void if the grantor assigns "as beneficial owner,” and urged that that the new distribution will better secure that candidates should be ex the decision is calculated to work very great mischief. By the Bills of amined (as provided by the statutes) in all branches of the law connected Sale Act, 1882, a specific form is provided, and a bill of sale in any other with matters usually transacted by solicitors.”

form is rendered void. By the above-mentioned decision, the addition of Trustees' Powers and Clauses.—This question, which was referred to in the the words referred to is held to be a departure from the form, and so reports for the years 1884, 1885, and 1886, has been again under the renders the instrument void. The words“ beneficial owner" have been consideration of the council, and the draft of a Bill has been prepared to used for the sake of brevity, and in order that the grantee might have the remove the difficulties under which trustees labour in consequence of the benefit of the implied covenants, which, by the Conveyancing Act, 1881, recent decisions relating to payment of purchase-money, depreciatory are given to a grantee in all cases where a grant is made for valuable conditions, loans and purchases by trustees, and the employment of consideration by a person who is expressed to transfer as “beneficial agents by trustees, and also to afford relief to trustees in other respects, owner.” A form of bill of sale containing these words was given in but there has been no opportunity this year to bring the Bill into Parlia- various text books, and had been recommended for use by eminent conment.

veyancing counsel, and until the case of Ex parte Stanford was decided Land Transfer Bill.—The most important Bill of the session, so far as the such form had been generally adopted, and the decision took the prolegal profession and the large part of the public who are interested in fession by surprise. The effect of the decision is that in a great number of land are concerned, is the Land Transfer Bill, introduced by the Lord transactions where money has been lent on the security of bills of sale Chancellor in the House of Lords. His lordship, immediately after the between the date of the last Bills of Sale Act and the date of the decision, introduction of the Bill, sent a copy to the council for consideration, and the securities are rendered void, and thus great hardship may result. The a committee was appointed to carefully examine and report upon its pro- addition of the words referred to, although no doubt a departure from visions. Steps were, at the same time, taken by the council to ascertain the statutory form, in no way infringes the policy of the Bills of Sale Act, the opinion of the country law societies, and in the meantime a prelimi- 1882, or the protection which it was intended to afford, and the council nary report on the Bill was forwarded to his lordship. At a later period a therefore urged upon his lordship that with respect to bills of sale which fuller report was submitted, of which a print is sent herewith as the contained the words referred to, à statutory protection should be afforded readiest mode of communicating to the members the views of the council in the same manner as statutory protection is frequently given in cases on the Bill. The council will continue to watch the progress of the Bill, where a technical and innocuous departure from the law has happened. and to make any suggestions for its improvement which may appear The subject has been urged upon the serious attention of this society by necessary. It must, however, be doubtful, having regard to the state of solicitors and others throughout the country, and with a view of public business, whether the Bill can become an Act in this session; and, securing protection for past transactions, and with that object_the it it should not do so, the council will suggest to the Lord Chancellor council framed a Bill, a print of which was submitted to the Lord that much time and difficulty would be saved if the Bill were referred to a Chancellor with a request that he should consider it, and if he was of strong committee, upon which conveyancing counsel and solicitors (both opinion that the measure was a reasonable and proper one, that his lord London and country, were represented, who might report to his lordship ship would introduce it into the House of Lords at an early period of the during the interim. In connection with this subject the council desire to session, and give it the weight of his support in its various stages in that recall the attention of the members to the pamphlet on the land laws pub- House. In February a deputation from the council waited upon the lished by them in the early part of 1886, a print of which was then sent to Lord Chancellor, and his lordship has recently, after carefully considereach member of the society.

ing the Bill, informed the council that he did not deem it desirable to The Copyhold Enfranchisement Bill, 1887.—This is the seventh Bill on attempt to deal with the difficulty by legislation. The council have this subject which the council have had to refer to in their annual reports decided to make a fresh attempt next session. of recent years. The history of the previous Bills down to June, 1886, Searches before Completion-Equitable Execution—Re Pope. The case of will be found in the annual reports for the years 1882 to 1886 inclusive Re Pope (34 W. R. 654, 693, 17 Q. B. D. 743) — decided in the Court of Last year's report (June, 1886) concludes with the statement that a report Appeal in July last – disclosed a serious danger to purchasers, it being of the council containing their suggestions and proposed amendments held that a judgment creditor who had obtained a receivership order, was made, and placed in the hands of Mr. James, M.P., and Mr. Gregory, umounting in law to a delivery in execution, could defeat a purchaser for M.P. After this date and at the latter end of the session of 1886, the Bii value, although the latter had no means of ascertaining the existence of passed through committee in the House of Commons, and was introduced the incumbrance. In the case referred to it was also decided that preinto the House of Lords by Lord Hobhouse, but did not there reach a vious registration of the judgment was not necessary; and that the second reading. This session (1887) the Bill has been introduced by Lord receivership order need not be registered unless or until a sale was desired. Hobhouse in the House of Lords in the first instance. The special com This decision naturally attracted much attention. The council referred mittee, of the council to which the several Bills have been yearly referred, the subject to a committee, who made a report of so much importance made a special report on the present Bill in March last, which was adopted that it was forth with communicated to the various provincial law societies by the council and communicated to Lord Hobhouse.' "This communica- in August last. The subject was discussed at the provincial meeting of tion was accompanied by a memorandum by Sir Richard Nicholson (a the society at York in October last, and a resolution was passed recommember of the council), dissenting from the council's report « so far as it mending that legislation should be sought not only to amend the defect may be held to imply any approval of the principles of this Bill." The in the Act of 1864, brought to light in Re Pope, but also for the registracommittee's report and Sir Richard Nicholson's memorandum are set out tion of drainage and improvement charges, and of the title of trustees in in the appendix. The Bill has been referred to a special committee of bankruptcy, and for the extension of the system of official searches to the the House of Lords, who have examined, or are engaged in examining, new registers ; and further, if possible, that one comprehensive list should witnesses on the subject ; a process to which none of the previous Bilis be kept at the central office comprising every incumbrance or charge have been submitted.

which might affect or concern purchasers or mortgagees. The council Seitled Land Act (1882) Amendment Bill.-Prior to the Settled Land Act, accordingly caused a Bill to be prepared providing for the above objects, 1882, the only mode in which a tenant for life having no resources other which was very carefully settled after much consideration with Mr. than the estates could execute drainage improvements was by borrowing Elphinstone. By this Bill it was proposed to enact that all writs, proLimited Owners Residences Act, or the Improvement of Land Act, the vizances should be void as against a purchaser for value, unless registered fum extending over a period of about twenty-five years, and calculated value unless the receiving order is registered ; and that statutory charges Act, 1882, s. 25, drainage and similar works were included among the purposes, should not affect a purchaser unless similarly registered. It fbjects for which the application of capital was "sanctioned, and a tenant was proposed in the Bill as drawn also to protect a purchaser from land for life desiring since the passing of the Act to flay out moneys for charges already in existence, unless registered before December 31, 1888, the trustees to apply capital for that purpose, but this section is not the first assignment, transfer, or devolution after the commencement of retrospective. The question was raised in the case of Re Knatchbulls the Act. The Bill also provided that the clauses of the Conveyancing Act

as to official searches should apply to the registers and entries under the to be a casus omissus, and decided against the construction for which the Act ; and for the making of general rules for the purposes of the Act, by carried to the Court of Appeal (29 Ch. D. 588), by whom the decision was canggestion of his lordship, made after the judgment had been given) of the provincial law societies, following the Solicitors' Remuneration Act,

1881. The Bill thus prepared was submitted to the Lord Chancellor in

The council tion of drainage and other improvements of that nature out of capital, have lately learned with regret that his lordship, owing to the pressure of of chouncil considered the same principle should apply to the redemption other legislation, will not be able to deal with the Bill during the present of charges created for similar purposes prior to the passing of that’Act. session, but the matter will not be lost sight of. The matter is one of great importance to landowners at the present time,

Solicitors' Remuneration Order. The council have during the year had nuseriously diminished, while expenditure mal estates is greatly needed to the meriving points of interest to the profession generally in the application of to the Lord Chancellor, with a request that, briche agreed with them, the ! 1986 they'issued a revised edition of the Digest of Cases arising in actual




[ocr errors]
[ocr errors]
[ocr errors]






[ocr errors]




[ocr errors]


practice, containing in one volume the Act, the Remuneration Order, the Mr. Lake...

18 21

EXTRAORDINARY MEMBERS. decisions of the courts ard opinions of counsel, and also the opinions of Lawrence


4 Mr. Bellringer 2 the council, upon the cases from time to time submitted to them from Manisty

22 22

Clayton January, 1883, down to the end of 1886. A copy of this new Digest was Margetts 11

Corbett sent to each member, free of cost, and sold to non-members at 3s. 6d. Markby

22 32


21 The council have learned with satisfaction that the Digest in its new



4 form has been found increasingly useful. In the case of Emmanuel v. Sim. Mills...


O'Donoghue. monds, which was referred to in the last annual report of the council, it Morrell


Pye-Smith was settled that the scale charge for a lease in an ordinary case covers an Sir Rich. Nichol.

Waldron agreement for the lease, but the judgments in that case indicated


Walker that there might be collateral matters in agreement for leases which might Sir Thos. Paine... 35 44


2 properly form the subject of charge in addition to the scale fee. The Henry W.


1 case before the court did not afford an opportunity for a judicial definition



to what constitutes such collateral matter.
Other points still calling for Mr. Pemberton 29


Burne* elucidation are the manner and extent to which solicitors should be Pennington... 39 152

Cartwright*.. 5 remunerated for preliminary work in connection with an auction sale Roscoe

35 72

Gray Hill*

2 where an auctioneer is paid a commission, and where, consequently, solici Saunders



1 tors do not become entitled to the conducting fee, and the right of Walters

34 58


3 solicitors to the conducting fee where no commission is paid to

Waterhouse.. 33 41

Wood* auctioneer or surveyor.

Williams 36 42

* These extraordinary members Middlesex Registry.- In their last annual report the council drew atten

retired in October. tion to the fact that Mr. F. K. Munton, a member of the society, who had been charged 5s. for registering a memorial of 199 words, had brought an action in the county court against the registrar to test the

SOLICITORS' BENEVOLENT ASSOCIATION. legality of the fees demanded. The 58. in question was made up as

The usual monthly meeting of the board of directors of this association follows:

was held at the Law Institution, Chancery-lane, London, on Wednesday, d.

the 13th inst., Mr. Henry Roscoe in the chair. The other directors present For the memorial


were Messrs. W. Beriah Brook, H. Holland Burne (Bath), H. Morten For administering the oath

1 6

Cotton, Edwin Hedger, Samuel Harris (Leicester), J. H. Kays, R. PenFor exhibiting the memorial

1 0

nington, Sidney Smith, Frederic T. Woolbert, and J. T. Scott (secretary). For certificate indorsed on the deed 1 0

A sum of £481 was distributed in grants of relief ; thirty-three new It was contended on behalf of the plaintiff that it was not legal to charge transacted.

members were admitted to the association, and other general business was 1s. 6d. for the memorial of 199 words, and also that the registrar had no right to charge for administering the oath, and further, that there was no statutory right for the fee charged for indorsing the certificate on the deed. The county court judge found in favour of Mr. Munton to the extent of 6d., holding that the registrar was only entitled to charge 1s.

LEGAL NEWS. for the memorial, it being under 200 words. But he held that the other

OBITUARY. charges were fair and reasonable. From this decision Mr. Munton appealed. The case came before Mr. Justice Grove and Mr. Justice A. L. county courts, died at his residence, Sin perley Hall, near Durham, on the

Mr. Henry Downer STAPYLTON, barrister, many years a judge of Smith, who upheld the decision of the county court judge. Mr. Munton, 9th inst., in his eighty-fifth year. Mr. Stapylton was the third son of with the approval of the council, is now testing the question judicially Mr. Martin Stapylton, of Mýtton Hall, Yorkshire, and was born in 1802 whether a commissioner to administer oaths in London has or has not a He was called to the bar at the Inner Temple in Michaelmas Term, 1826, right to administer the oath verifying the memorial—the registrar contending that the oath can only be administered at the office of the pointed recorder of the city of Durham, and held that office till 1879. On

and he formerly practised on the Northern Circuit. In 1835 he was apMiddlesex Registry by one of the officials there. Agricultural Tenants' Relief Bill. This Bill deals with two points Cottenham as judge of county courts for Circuit No. 2, which comprises

the passing of the first County Courts Act he was selected by Lord affecting the relation of landlord and tenant as regards agricultural hold, almost the whole of the county of Durham. He retired on a pension in ings. It proposes (1) to repeal sections 3 and 4 of the Agricultural 1873. Mr. Stapylton was a magistrate for the county and city of Durham. Holdings (England) Act, 1883, and (2) to divide the liability to poor and He was unmarried. other rates in respect of agricultural holdings equally between landlord and tenant. The sections of the Act of 1883 proposed to be repealed are

Mr. James EDWARD Davis, barrister, legal adviser to the Commissioner those which negative the tenant's claim to compensation in respect of of the Metropolitan Police, died suddenly at the Metropolitan Police Office, permanent improvements—such as buildings, &c. - unless the landlord Whitehall-place, on the 12th inst., at the age of seventy. Mr. Davis was has, previously to the execution of the improvement, consented thereto in

the second son of Mr. Aaron Wall Davis, of Presteign, Radnorshire, and writing, and the tenant's claim to compensation in respect of drainage was born in 1817. He was called to the bar at the Middle Temple in works, , unless he has given not more than three and not less than two Michaelmas Term, 1842. He formerly practised on the Oxford Circuit, month's previous notice in writing to the landlord, and given the landlord and he was for several years a revising barrister. He was stipendiary the option to execute such works himself and charge the tenant interest on magistrate for the Potteries District from 1864 till 1870, and stipendiary the outlay. These provisions for the protection of the landlord appear to magistrate for the borough of Sheffield from 1870 till 1874, when he was the council to be reasonable and proper, and such as ought not to be appointed legal adviser to the Commissioner of Metropolitan Police. Mr. repealed. The Bill purports to protect the landlord. by provisions which

Davis was the author of a work on county court practice. appear to the council to be inadequate. The proposal of the Bill as to the division of rates is that the tenant shall be entitled to deduct from his dence in Ipswich on the 30th ult, in the sixty-sixth year of his

Mr. Arthur HENRY Aldous, solicitor, of Ipswich, who died at his resi. rent one-half part of all sums paid by him during the current half-year or


after year for poor and other rates assessed or leviable upon the tenant.

a short illness, was a native of Harleston, Norfolk, where he received his should become law, it appears to the council that power should be given to

If this early education. He was admittend a solicitor in Trinity Term. 1843, and, the landlord to appeal against the assessments in the same way as the acquired a good practice. A few years after his settlement in that town

after a few years' managing clerkship, settled in Ipswich, where he soon occupier may appeal. The council have made a representation to the he, in conjunction with some other gentlemen, started the Eastern promoters of the Bill and to the law officers in the sense of these Counties Building Society, which at the present time is widely known. observations, but it does not seem probable that further progress will be made with the Bill in the present session,

As a conveyancer Mr. Aldous acquired a high reputation, and our readers

have been indebted to him from time to time for notes and suggestions (To be continued.)

on points of current interest. In the year 1854 he married the second daughter of the late Mr. Simon Batley Jackaman, a well-known and

highly-respected solicitor, by whom he had five daughters and six sons, ATTENDANCE OF MEMBERS OF THE COUNCIL.

but two sons have since died. On the 4th inst. the remains of the late

Mr. Aldous were interred in the Ipswich Cemetery.
The following is a table of the attendance of members of the council
from April 15, 1888, to April 12, 1887 :-
Ordinary Mem-

Commit Ordinary Mem-


Mr. Addison

Mr. Freshfield

Serjeant Dodgson HAMILTON Madden, who has been elected M.P. for

4 Bristow 23

the University of Dublin in the Conservative interest, in succession to Mr. 21

Fry, M.P.

Justice Holmes, was born in 1840.

He was

educated at Trinity 37 Budd


College, Dublin. He was called to the bar in Ireland in 1864, and he is a

21 Clabon

30 13

member of the Leinster Circuit. He was created a Queen's Counsel in Hollams 21

1880, and he became a serjeant-at-law about a fortnight ago.

Howlett Canliffe

24 19

Mr. EDWARD ARCHDALL Frooks, solicitor, of Sherborne, has been

Hunter Dees...

29 43 Hussey

appointed Deputy-Clerk of the Peace for Dorsetshire. Mr. Ffooks was 24

12 , Dodds, M.P..

admitted a solicitor in 1882. Janson

19 Follett 11

2 Jevons

Mr. Joseph BottomLEY, solicitor, of Huddersfield, has been appointed Frere


Prosecuting Solicitor to the Corporation of that Borough. Mr. Bottomley 36 22 was admitted a solicitor in 1861,





» Cooper

[merged small][merged small][merged small][ocr errors][merged small]
« PreviousContinue »