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had been previous negligence on the part of the bank. In Cholmondeley v. Clinton (2 Jac. & W. 186) it was laid down that, upon payment of the mortgage-money, the mortgagee is under an implied trust to surrender the estate to the person entitled to demand it, a doctrine which was followed in Pearce v. Morris (5 Ch. 227). Now this the bank had not done. transfer should have been to A., B., and C., but, without any authority from them, it was made to a stranger. Hence arose the possibility of the subsequent loss, and although this might have been averted by the diligence of the trustees, yet, when it occurred, the court held that the liability fell on the bank which first made it possible. There is clearly as much care required in getting rid of a security as in taking one.
FEW QUESTIONS probably in recent times have so vexed the minds of trustees of agricultural lands as that of the remission of rents. It is a pity, therefore, that the Scotch Act on this subject which was passed last session was not at the same time made applicable to England. By that it is provided that “trustees shall have power to make abatement or reduction, either temporary or permanent, of the rent stipulated in any lease of lands let for agricultural or pastoral occupation, or for both purposes, and to accept renunciations of leases of any such subjects.” Of course, this simply confers upon trustees a power which they must in these times exercise in some way or other. If they wish to be perfectly safe, they must doubtless obtain the sanction of the court, thereby further increasing the loss which the estate has to bear. In practice we believe that it is usually considered sufficient to obtain a report from a surveyor in the neighbourhood that the proposed reduction of rent is reasonable and proper, with the idea that this report will be a sufficient protection to the trustee should his conduct ever be called in question. All the same the trustee is acting at his own risk, and, considering how great already are the liabilities of trustees, it is anfortunate that this particular burden could not have been removed. The Scotch members are understood to have special facilities for passing their own particular Bills in a way not granted to their English and Irish brethren. But when such Bills are of general as well as local importance, it is not unreasonable to wish that the benefit could be extended to the whole country. It will not be too late, however, if a similar Act is passed in some future session, for the third section deals with remissions of rent already made, providing “that no abatement or reduction of rent, or acceptance of renunciation of any such lease, heretofore made by trustees, shall be liable to be challenged, which would have been lawful if made after the passing hereof." This is an admission that the Act has been passed none too soon for Scotland, and makes the omission with regard to England and Ireland all the more glaring.
WHAT IS THE MEANING of the latter part of section 6 of the Copyhold Act of last session (50 & 51 Vict. c. 73)? The first portion provides that, after the passing of the Act, it shall not be lawful for any lord, without the consent of the Land Commissioners, to grant land not previously of copyhold tenure to any person to hold by copy of court roll. The section then proceeds, “and whenever any such grant has been lawfully made, the land therein comprised shall cease to be of copyhold tenure, and shall be vested in the grantee thereof to hold for the interest granted as in free and common cocage.
Does this mean that wherever, before the passing of the Act, such a grant has been “ ' lawfully made the prescribed result sball follow ? That would be a rather startling instance of confiscation, but the words as they stand bear that meaning. Or is it possible that“ lawfully” is a misprint for“ unlawfully," and that the provision means that wherever, after the passing of the Act, such a grant shall be unlawfully made, the prescribed result shall follow? The latter would seem to be the more probable intention, but how is it to be reconciled with the words of the section ?
BEFORE LITIGATING the question whether the half-pay or full pay of officers in the army and navy or the pension of any retired Government servant can be attached or sequestrated, it may be
addressed, not to the court in which the suit was pending, but to regard to the wife's separate estate, and that that exception exthe husband personally. Accordingly, the late Master of the Rolls tended to any circumstances where she was to be regarded as a treated the point as settled law in Besant v. Wood (12 Ch. D. feme sole. Now, when she is suing for a divorce, and is thus at 620), and so the matter would now rest but for an unfortunate 'arm's length with her husband, she must, for the purpose of the interpolation of Lord Selborne, C., in the argument in Cahill v. settlement of the suit, be regarded as a feme sole ; nor can there Cahill (8 App. Cas. 421). This we had better give in full: be any necessity for the intervention of a trustee, as it would not
“ Hunt v. Hunt is the only case in which an injunction has been granted be in accordance with public policy to make a wife procure a third at the suit of a wife to restrain the husband from carrying on his suit for person to contract for her with her husband. The same argument the restitution of conjugal rights, the husband having covenanted not to compel the wife to cohabit with him by any legal proceedings. An appeal a married woman is allowed to sue, as in divorce or for restitution
was adopted by Sir G. Jessel in Besant v. Wood (suprà). Where to this House from that decision was fully argued, and everything which of conjugal rights, she must be allowed to compromise the suit ; fell from the law lords (except Lord Westbury), in an unusually strong and it she can compromise the suit after it has commenced she can House, was favourable to the appellant, as I myself know, from having argued the case. But Lord Westbury persuaded the House to put some also compromise it before it begins—that is, she can contract not question to the judges, and, meanwhile, the husband died, so that the to sue at all. More briefly, he said :case came to an end. Sir G. Jessel seems to have followed that authority in Besant v. Wood."
" It seems to me to follow as a necessary corollary to the right to sue
by herself that she must have the right to contract not to sue, and I What it was that inclined the lords against the decision we should think there would be no difficulty at all about it " (page 622). are not told, but there stands the casual dictum of Lord Selborne
Accordingly there seems to be little doubt that if the covenant to throw doubt upon the very plain rule laid down by Lord West- not to sue can be enforced at all it can be enforced against the wife bury, and adopted by Sir G. Jessel, that when a husband expressly as well as against the husband. Moreover, the covenant may bind releases his wife from the duty of cohabitation he shall not be the wife although not made expressly with her. Thus in Clark allowed afterwards to impose it upon her against her will. The v. Clark (suprà) it was made between the husband and the balance of authority, however, is clearly in support of Hunt trustee. But the wife was a party to the deed in which the v. Hunt. The whole matter is very clearly put by Mr. Vaizey in agreement was recited, and she had for some time taken the benefit his recent work on Settlements (Vol. II., p. 1443). He there of it. Hence it was held to bind her. arrays the authorities on either side, pointing out finally that We have seen that the covenant not to sue was formerly enforced Lord Westbury's decision has been twice followed in the Probate by injunction, but since the Judicature Act (1873, s. 24(5)) prohibited Division of the High Court to which the jurisdiction in matri- injunctions to restrain pending actions this has been impossible, monial causes is now given-namely, in Marshall_v. Marshall and by Marshall v. Marshall (5 P. D. 19) the more convenient (5 P. D. 19) and in Clark v. Clark (10 P. D. 188). In the latter practice has been introduced of pleading the deed itself as a defence case it was said by Bowen, L.J., that there was nothing in Cahill in the original action. v. Cahill to destroy the decision in Besant v. Wood, and that until the House of Lords declared the law to be otherwise, a contract not to sue for restitution of conjugal rights must be enforced.
Assuming, then, that such a covenant will be enforced against the husband, we must now consider how far it will be enforced
LEGISLATION OF THE YEAR. against the wife, and also her position with regard to the auxiliary
ALLOTMENTS. provisions of the deed. The objection founded upon her incapacity 50 & 51 Vict. C. 48.-AN ACT TO FACILITATE THE PROVISION OF to contract was overcome at first by introducing a third party as
ALLOTMENTS FOR THE LABOURING CLASSES. trustee. With him the husband's covenant for the wife's main
The present Act is one of the most important of the late session. tenance was made, and he, on the other hand, covenanted with the Prior Allotment Acts, from 59 Geo. 3, c. 12 to the Extension Act of husband to indemnify him against his wife's debts. So long ago as 1882, authorized the letting in allotments of what was, in some sense, 1786 it was settled by Stephens v. Olive (2 Bro. C. C. 90) that this public land already; the essential feature of the present Act is that latter covenant was a valuable consideration to support the deed it anthorizes public authorities to acquire new land for that purpose ; against creditors and purchasers, and we have seen how the former was and this new land may be acquired to any amount, and, in certain firmly established in Rodney v. Chambers (1802, 2 East. 283). So, too, circumstances, by compulsory purchase. The only restrictions are the we have seen that while the court rejected the possibility of a contract tion of the land may be expected, from the rent which is likely to be
discretion of the local authorities and the obligation that the acquisibetween husband and wife simply, it was bound to support it when obtained, to be remunerative. drawn up with the intervention of a trustee. This was the case in The machinery for putting the Act into force is as follows : :-By Legard V. Johnson (1797, 3 Ves. 352) and St. John v. St. John section 2 any six Parliamentary electors or ratepayers of an urban or (1805, 11 Ves. 532). It was even thought that the trustees rural district may represent to the authority of their district (which covenant of indemnity was an essential part of the deed, and so late authority is in urban districts the town council or local board, and
“ that the circumas 1841 we find Lord Langdale, M.R., considering this point in in rural districts the guardians of the union) Frampton v. Frampton (4 Beav! 287),' and asking whether the stances of the district are such that it is the duty” of such authority contract was merely with the trustee and his covenant the only
'to take proceedings under the Act." Thereupon, such authority consideration.
“shall take the representation into consideration," which words, we This was natural while the deed itself was need hardly point out, impose a duty enforceable by mandamus. If struggling for bare recognition ; it was the auxiliary covenants that such authority are of opinion ""that there is a demand for allotments supported it, if anything did, and these were, therefore, bound to for the labouring population” in the district, and that such allotments justify themselves strictly. But after the principle of separation cannot be obtained at a reasonable rent and on reasonable condideeds had been fully established the tide turned, and it was tions” by voluntary arrangement between the owners and the thought that a contract in a separation deed might be supported in applicants, they shall order to effectuate the intention of the deed even though the con “By purchase or hire acquire any suitable land which may be available, tract itself was invalid. So, at least, it was argued in Cahill v. number or allotments, and shall let such land in alotments to perscns belonging Cahill (8. App. Cas. 420), where a married woman had released an
to the labouring population resident in the district, and desiring to take the interest in real estate without a deed separately acknowledged. This, however, was not allowed; the validity of each part of the enforceable by mandamus, the words are of opinion
We may observe in passing that we do not think this duty will be
being of too deed must be separately inquired into and established, and hence it discretion-conferring a character, for it would be next to impossible is necessary to ascertain exactly the extent to which the wife's for a court to say that an opinion had been mala fide arrived at, and capacity to contract has been admitted. For this purpose we will a court would probably decline to consider such a question. consider first how far the wife is bound by her agreement to live The restriction upon the acquisition of land by agreement is as apart from her husband, or in other words not to sue for a restitu- follows :tion of conjugal rights.
“A sanitary authority shall not under this Act acquire land for allotments. The question was considered in Vansittart v. Vansittart (1858, sapenses, et cepti csuch expenses as are incurred in making roads to be used by 45. & J. 62), where judgment was given by Sir W. Page Wood, the public, memeranny en venditans authority in acquiring the ratio bonus ochelin V.C. To the general rule that there can be no contract between white i the Petits obtained in respect thereof.sk husband and wife he remarked that there was an exception with Sauguine authorities will, of course, not be debarred by this
770 restriction, but prudent authorities will, no doubt, be long before any amendment was formally put and agreed to, the whole Bill was forming the “opinion” which is necessary to remove it.
first gone through informally and all the intended amendments So much for purchase or hire by agreement. As to compulsory considered. It was thus possible for the draftsman to give these purchase, the Legislature has been very cautious. The Lands their proper form and position in the Bill before they were put as Clauses Act is incorporated, but its compulsory powers cannot be actual amendments. It is clear, then, that we have here an excellent put in force without the interposition of the county authority,", example of a digest in which Parliament gave every facility to the which, by section 16, is defined as “any representative body elected draftsman's work. Upon the original ability of that everything by the inhabitants of the county which may be established
depended, and of that ability there is no question. One proof of this and until such representative body is established” its powers and is found in the fact that, although the Act has been in operation for duties under the Act are, by the same section, to be exercised and per- nearly five years, yet there has been hardly any litigation upon it. formed by the Local Government Board. In case the compulsory Judge Chalmers says, with pardonable pride, that the Law Reports powers should be required, that board may, on petition by the local contain only one direct decision upon it-namely, Re Gillespie (18 authority, institute an inquiry and make a provisional order for the Q. B. D. 286) (misprinted 246, at p. xxxix.), and, upon referring to purpose, which order is to be confirmed by a Bill which they are to that, it will be found that a case not provided for by section 57 was be bound to introduce. The price to be paid is to be fixed by arbitra- held to be covered by the general words of section 97. tion only, and, in favour of the owners, it is provided that neither In the book itself everything is done to explain the law. In the parks nor gardens may be taken, and that the taking of an undue first place the provisions of the Act are well arranged, clear, and quantity of land from any one owner is, as far as practicable, to be minute. As examples of this we may refer to the regulations of avoided.
sections 41 and 45 respecting presentment for acceptance and preThe allotments are to be managed under regulations to be made sentment for payment. In the next place these are followed by by the sanitary authority under the supervision of the Local Govern concise illustrations which give us the actual circumstances upon ment Board, and the rents (section 7) * shall be fixed at an amount which the law has been based, and where it is clear that there was not less than such as may reasonably be expected to ensure the sani no intention on the part of the Legislature to alter the previous tary authority from loss." It is expressly provided (section 7, sub- law, it is probable that these will be allowed their due weight in section 3) that “one person shall nut hold any allotment or allotments interpreting it. After these we have explanatory notes, and the exceeding one acre, and an allotment shall not be sub-let,” but it is author, recognizing the international character of the branch of very sensibly added that if an allotment cannot be let in accordance the law with which he is dealing, has referred continually with the provisions of the Act [i.e., to a resident labourer), it may be to the German Exchange Law and to the French Code, noting their let “ to any person whatever at the best annual rent that may be points of similarity and divergence in respect to each other and to obtained for the same.” The erection of buildings “other than a English law. The usefulness of the book is further increased by toolhouse, shed, greenhouse, fowlhouse, or pigstye” is prohibited, and the fact that, in certain matters which could not be included in the the removal of fruit trees for which no compensation is payable is Act, the author has, nevertheless, supplied a series of rules frained allowed. The recovery of rent or possession is provided for by with equal care and in the same manner explained by illustrations allowing (not enjoining) the sanitary authority to determine the and notes. Examples of this will be found in the rules as to Imtenancy on breach of the regulations or on non-payment of rent for peachment of Value (p. 85), Rights of Action and Proof (p. 111), not less than forty days.
and Transmission by Act of Law (p. 114). The various other A very important section of the Act (section 10, sub-section 4) con- matters included in the book will be found equally satisfactory. fers upon the local authorities power to borrow money for the pur- Altogether, as a statement and explanation of the law, it will be poses of the Act, and incorporates for this purpose sections 233, 234, found singularly useful. and 236 to 239 of the Public Health Act, 1875, and the same section (sub-section 6) directs separate accounts to be kept of the receipts and expenditure under the Act.
BEFORE TRIAL, The only other provisions which it is necessary to call attention BEFORE TRIAL : WHAT SHOULD BE DONE BY A CLIENT, SOLICITOR, to on the present occasion are those of section 13, by which allotment AND COUNSEL, FROM A BARRISTER'S POINT OF VIEW. Ву wardens allotment trustees" acting under existing statutes RICHARD HARRIS, Barrister-at-Law. Waterlow Brothers & may transfer their powers to authorities under the new Act, and Layton. we have no doubt that the wardens and trustees in question will in many cases hasten to avail themselves of these provisions.
Mr. Harris is already well known by his “Hints on Advocacy," his “ Illustrations in Advocacy,” and other works. In these he has established a reputation for a peculiar manner of treating legal subjects. His special department is the practical side of a lawyer's
business, and upon this he offers to his readers a considerable amount REVIEWS.
of shrewdness and common sense, presented in a style which would
be more truly humorous and popular did it not aim too obviously BILLS OF EXCHANGE.
and continually at these qualities. Still, they are, in general, so A DIGEST OF THE LAW OF BILLS OF EXCHANGE, PROMISSORY that it may not be wise to quarrel with an author because he tries to
wanting in the books which form a lawyer's daily intellectual food, NOTES, AND CHEQUES. By His Honour JUDGE CHALMERS. furnish us with something more entertaining. The present work THIRD EDITION. Stevens & Sons.
purports to deal with “What should be done by client, solicitor, The position of this excellent work is unique. Useful as it was in and counsel, from a barrister's point of view," and, doubtless, if its original form, when it was published as the author's digest of the each of the three followed the advice here given, the case would be a existing law, its utility has been vastly increased by the fact that it bad one indeed which their united efforts would not win. In general, now comes before us as the law itself. The change is well expressed it may be said the client is to go at once to a solicitor and be straightin the following words of the preface :--" In the Introduction to the forward with him ; the solicitor is to be moderate in his claims for could only be considered as law in 80 far as they were correct and in interlocutory proceedings for fear of shewing his hand ta last edition I pointed out that the general propositions of the digest fear of prejudicing the jury by exaggeration, to be cautious logical deductions from the decided cases. reversed. The cases decided before the Act are only law in so far to be careful in choosing his counsel for fear of paying a big as they can be shewn to be correct and logical deductions from the fee, and being left, in the end, without an advocate; while as to general propositions of the Act.” In the introduction to the present counsel, he is to look on every case as a work of art, to discover the edition the author gives an interesting account of the manner in proper arrangement and proportion of its parts by patient labour, reasonable objection can now be urged; the only question is, How is beginning of the book it is shewn that mere honesty will not win the branch of the law which is to be digested must closely concern some ingenuity ; but to state that your opponent's knavery is in direct well-defined body of persons of sufficient influence to get their wishes proportion to his piety introduces a kind of wit neither very dignified must be content to present the law simply as it is. Such, at least, was besides, but, as we have already said, we must be thankful for what the secret of Judge Chalmer's success. Certai rect acknowledged faults or to fill patent gaps, there must be ; but various stages of the cause up to trial are carefully examined; particulars, this difficulty was overcome by adinitting such only as were sup- pleadings, evidence, interrogatories, discovery, and inspection, pren ported by the unanimous approval of the committee which reported paring the brief, choosing counsel, and many other matters, and superhe on the Bill. We have for once an excellent example of commonsense legislation, carried out for a well-defined object of public author's experience and common sense.
each a quantity of advice is given which' abundantly testifies the
In particular we may notice particular shews the business-like purpose of the committee. Po Before adversary learns what points you wish to examine him on, and gets
them up accordingly; and his advice never to ask for discovery and simple and inexpensive as possible ; red tape would be eschewed, and inspection of documents until your adversary has already, by his landowners tempted by a procedure insuring convenience and speed pleadings or affidavits, tied himself to a certain version of the matter to make use of the registry: If the registrars were paid by fees, in dispute. In the chapter on the choice of counsel, Mr. Harris urges they would be still more anxious to make the system popular; but in the wisdum of employing someone from the briefless multitude in any event it would probably be worked on entirely different lines preference to running after a popular man whose business precludes from those which would be adopted under a system of compulsory the possibility of his doing the case properly. What avails all the registration. If the registry has a monopoly, we shall have technical skill and ingenuity which have been shewn in its preparation if it and troublesome rules, heavy fees, and most serious delays. falls at last into the hands of a pilot who has no knowledge of the But if the compulsory clauses are retained, do the authors of the dangers it will encounter ? As he truly remarks, the qualities Bill suppose no method will be found to evade them? One might necessary for the successful conduct of a case are a clear mind, careful suppose that the Lord Chancellor had forgotten the result of the attention, and common sense, and these are as likely to be found in the struggles in times past between the Legislature and the lawyers, and back rows as among the favoured few in front, with the advantage that it had escaped him that Acts passed to hamper the landowners that when found they are sure to be available at the right moment. have not unfrequently been defeated by the ingenuity of conveyIn the interest of clients we hope that the rest of the advice which ancers. To one such measure I may perhaps call attention-the 27 Mr. Harris so plentifully gives will be followed more faithfully than Hen. 8, c. 16, providing for the inrolment of every bargain and sale this particular piece is likely to be.
of freeholds; and to the method by which Mr. Serjeant Moore and the great draftsmen who followed him succeeded in evading that
statute by the familiar lease and release. Are the conveyancers of REGISTRATION CASES.
the present day less astute than their predecessors ? A DIGEST OF PARLIAMENTARY AND MUNICIPAL REGISTRATION That occasions will arise when it will be desired to evade the Act
CASES. SECOND EDITION. By J. J. H. SAINT, Esq., B.A., who can doubt? To say nothing of the desire to insure the privacy, Barrister-at-Law, Recorder of Leicester. Butterworths.
in many cases, of dealings with land, will large landowners, when This is a second edition of Mr. Saint's well-known digest of about to sell small outlying plots, be willing to register their titles in the various cases that have been decided on the subject of order to do so ? If clause 2 of the Bill of last session becomes law, registration of voters. The utility of this work to revising barristers, I suspect such sales will be allowed to rest upon contracts accomregistration agents, and others engaged in the work of registration is take proceedings for trespass, ejectment, and the like in the name of
panied by possession and undertakings to permit the purchaser to already well established, and can hardly be over-estimated. It is, of the vendor. Let any such practice once become common, and conceive course, impossible to carry round, when engaged in the work of the confusion, difficulty, and litigation that must ensue, if, as, I revision, the volumes of the law reports in which registration cases are contained, and, although the various text-books, no doubt, contain believe will be the case, owners of land offer a passive resistance to the references to all the cases, those references are necessarily extremely Act, and insist on their advisers finding means to evade it, for in brief, and in many cases it is hardly possible to gather from them rany cases there will, I am satisfied, be a very great dislike to register. exactly what was the point decided. Mr. Saint's book gives, in a con
Then, again, suppose the land duly registered and fully subjected densed form, the facts and point decided in each case on the subject. whole volume would be requisite to discuss all the troubles that regis
to the operation of the Act, will all the difficulties be at an end ? A The cases are arranged under various appropriate headings so as to tration may give rise to ; but I may perhaps name one. In the facilitate reference to them, and the index appears to be a reasonably full one. The mode in which the cases are digested seems to us to be country, more especially in districts where there are many small very accurate and satisfactory, so far as we have had an opportunity properties, loans on security of land are very frequent. I do not refer of examining the work.
here to formal mortgages, but to loans for short periods on equitable charges. Such loans are very commonly made on a deposit of deeds, with no other evidence of indebtedness than a promissory note, and such transactions are very generally carried out without the intervention of a solicitor. The country bankers constantly make advances, as
they term it, “ on deeds,” and when the loan is repaid the deeds are CORRESPONDENCE.
handed to the lender, and there the matter ends. Under the pro
posed Act, in all such cases there must be a charge registered, and THE LAND TRANSFER BILL.
in addition to the expense thus occasioned there will be the cost of | To the Editor of the Solicitors' Journal.]
clearing the register when the debt is discharged. In practice this Sir,-, If, as you suggest in your last number, the Land Transfer will, I suspect, be frequently neglected. That it is neglected in some Bill of last session is to be re-introduced next year, I hope the prin- countries where registration prevails I can say from my own excipal efforts of the profession will be directed to secure the with perience, and I can speak, too, to the trouble, delay, and expense drawal of those clauses which aim at making the registration of all thus occasioned: instruments affecting land compulsory. I am quite aware of the
In the face of objections such as those I have mentioned, is it too importance the Lord Chancellor and most of the supporters of the much to hope that by united and vigorous efforts we may succeed in measure attach to those clauses ; I know that it may seem almost a advanced only a few of the many arguments that might be used, and to me to be of such vital importance, not so much to our profession that what I have written has been said, and with more force and as to those classes whose interests it is our duty to protect, that these
effect, before. clauses should be got rid of, that I hope those who specially repre- arguments must be repeated and fallacies corrected again and again.
But if we are to succeed we must not relax our efforts, and old sent us will persevere in the efforts that were made when the Bill was Does anyone seriously imagine that if a scheme for simplifying the I am quite free to confess that I do not believe any such measure whether by means of a system of registration or not, all the
transfer of land can be suggested, and an Act passed embodying it, idea is that Lord Halsbury's Bill becoming law would lead to busi- solicitors in England would be able to prevert landowners from after all, it is not our mere pecuniary interests that should influence we not ample evidence of the causes which led to the disuse of the 18--we have to consider the consequences to our clients, and it is existing registry, and of the difficulties and cost which everyone who tration of every instrument dealing with land will lead to immense ground for the suggestion that it was the opposition of the profession Confusion and difficulty, and hamper and often prevent sales, that rendered that Act a dead letter, rather than its inherent faults ? especially of small properties, that I ask you to allow me to explain dealing with one kind of property and has simplified the instruments my reasons for attaching so much importance to the elimination of themselves in a most complete and searching way. I don't know if the compulsory clauses. That a well-considered scheme for the registration of title in some
the Lord Chancellor considers that the outcome of that legislation-I shape might succeed I have little doubt. T'fhere are many properties refer of course to the Bills of Sale Acts—is encouraging. Absit omen!
H. whose owners might conveniently be entered on a register and pro
Hereford, Oct. 3. vision made that all dealings with properties once so registered not noticed on the register should be postponed to such as were registered, but then the success or failure of such a registry must very much depend upon the way it is managed.
[To the Editor of the Solicitors' Journal.] This, then, brings me to what I look on as the first objection to Sir, I have not followed the articles and correspondence which compulsion. If a registry be established open to all the world, but have appeared in your columns on this subject, but I have noticed existing contemporaneously with the present methods of conveyanc- that there is to be a radical upsetting of the present order of things, ing, the officials would have an incentive to make their practice as and that the chief, if not only, object to be gained thereby is the
reduction of cost on transfer owing to repeated investigations of title.
MUNICIPAL CORPORATION RevisiNG ASSESSORS - ELECTION— MUNICIPAL
CORPORATIONS Act, 1882 (45 & 46 Vict. c. 50), s. 7, SUB-SECTION 1; s. 62, that, by giving a purchaser, under the present system, the benefit of SUB-SECTION 2; s. 70, SUB-SECTION 2-JURISDICTION. an insurance fund, he would be willing to dispense with an investiga In the case of the Municipal Corporations Act, 1882, and the Election of tion of the vendor's title and thus be independent of any land Revising Assessors for the Borough of Higham Ferrers, before Charles, J., on transfer scheme. Perhaps some of your readers who have given the the 30th ult., the question arose whether the election of revising assessors question consideration will say whether the above idea is capable of was a municipal election. This was a motion ex parte on behalf of a beiug practically worked out. "If it is, the cost of transfer need not ratepayer and burgess of the newly-created borough of Higham Ferrers, be greater than under a land transfer scheme, and transfers could in the county of Northampton, asking the court to grant à prerogative
writ of mandamus directing the corporation to proceed to the election of be made in less time and without any fear of secrets being disclosed.
revising assessors. Sub-section 2 of section 62 of the Municipal Cor. B.
porations Act, 1882, provides that the election shall take place on the 1st
of March. Notice of the election was duly posted, but, by some overTHE MIDDLESEX REGISTRY.
sight, no proper nomination papers were handed in, so that, when the
time came to revise the lists, it was found that there were no revising [To the Editor of the Solicitors' Journal.]
The list must be revised in the first fifteen days of October, Sir,- I do not desire to enter into any further contest with the and there must be six days' notice of the election. Sub-section 2 of Middlesex Registry pending the return to the existing mandamus at
section 70 of the Act provides that, if a municipal election is not held on my instance; but, haring regard to the discussion at the July meet the appointed day, or within the appointed time, or on the next day after ing of the Law Society, on the complaint of the solicitor to the corporation shall not thereby be dissolved or be disabled from electing, but
that day, or the expiration of that time, or becomes void, the municipal Metropolitan Board of Works, re the registration of their deeds, and to the fact that circumstances have placed me in a position to
the High Court may, on motion, grant a mandamus for the election to be
held on a day appointed by the court. The application was made to Charles, ratify such complaint, I should be glad to get the views of my pro- J., as exercising his jurisdiction as a judge of the Queen's Bench Division, fessional friends.
to grant a mandamus. The application was made with the consent of the By section 6 of the Statute of Anne the registrar is required, corporation. Reference was made to the case of The Borough of Cardigan inter alia, to keep an “alphabetical calendar of all parishes within under the Municipal Corporations Act, 1835 (reported in the Times of the the county with reference to the number of every memorial con 25th of March, 1879). The reason why they had waited so long was that cerning the hereditaments in every such parish.” I have just com it did not occur to anyone that no revising assessors had been appointed. pleted a trifling personal purchase from a Middlesex Land Co. until the time came to revise the lists. The corporation was a new one, possessing a large number of plots in various parts of the county, and the limits of which were not included within a Parliamentary borough. a regular batch of conveyances are about to be registered on sales Charles, J., doubted whether a municipal election included the election of effected by such company. Now, of course, if the company sells, interpretation clauses of the Act of 1882, section 7, sub-section 1, cor:
revising assessors. Marten, Q.C., as amicus curiæ, said that, under the say, a hundred lots in the North, and another hundred in the South,
porate office meant the office of mayor, alderman, councillor, elective it would appreciably save time, in making searches, if north and auditor, or revising assessor, and a municipal election meant an election south parishes were kept distinct as required by the Act. We all to a corporate office. know too well that such distinct registers are not kept at Great CHARLES, J., granted a mandamus directing the corporation to hold the James-street, and the excuse given there (by way of “confession and election on Wednesday, the 12th of October.-Wounsel, H. Terrell. avoidance as the late Mr. Chitty would have said) is that many SOLICITORS, Kingsford, Dorman, & Co. years ago, at the "generally expressed wish of the profession,” the double register of name and parish was amalgamated! If the Legis- Nuisance-Sewage—INTERLOCUTORY INJUNCTION 1-BALANCE OF CONVENIENCE lature in Queen Anne's time considered it desirable that the two -Public Health Acr, 1875 (38 & 39 Vict. c. 55), s. 27–Rivers POLLUregisters should be kept separate, it is much more needed now when
TION Act, 1876 (39 & 40 Vict. c. 75), s. 3. it is no uncommon thing for a Middlesex Land Society to sell a In the case of Thompson v. The Mayor and Corporation of Stratford-uponhundred lots at one auction. If the Middlesex Registry is to be con Avon, before Charles, J., on the 30th ult., the question was as to restrain, tinued at all, this question, together with the neglected public index ing a corporation from committing a nuisance by the use of certain land and attractive private one, must be seriously considered at the first
as a sewage farm. This was a motion on behalf of Mr. William Thompson, suitable opportunity:
FRANCIS K. MUNTON. an architect, of Evesham-road, Stratford-on-Avon, to restrain the defend95a, Queen Victoria-street, Oct. 3.
ants, their servants and workmen, from using or permitting to be used a
ford-upon-Avon, and upon the south-west side of the East and West
Junction Railway, and in the neighbourhood of certain land and a
messuage and hereditaments of the plaintiff, situate at the corner of [To the Editor of the Solicitors' Journal.]
Evesham-road and Sanctus-street, within the said burough, as a sewage disasters, in spite of legislation, until managers are made to feel, by a causing or permitting noxious, offensive, or deleterious smelis and vapours
Sir; -We shall never have effective precautions against these farm, or otherwise so as to cause or be a nuisance to the plaintiff and the
to escape or emanate from the said sewage farm or any part thereof, so as
men or servants as aforesaid, or to cause damage, annoyance, or injury I have no doubt managers of theatres may be made liable, both sanitary authority of Stratford-upon-Avon. For the plaintiffs it was said
to the plaintiff or his property. The defendants were sued as the urban civilly and criminally, who invite the public to enter while they are that the Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 27, did not not duly and properly protected from all reasonable risk from fire. permit the corporation to commit a nuisance.
Under the Rivers Pollution Oct. 5.
CAMPBELL'S ACT. Act, 1876 (39 & 40 Vict. c. 75), s. 3, the corporation, if they shewed that
they were using the best practical means to render the sewage matter
harmless, could get leave from the Local Government Board to carry the ACCORD AND SATISFACTION.
sewage into the river. The plaintiff had made out a case; the defendants With regard to the query of our correspondent “Subscriber” Asylums District v. Hill (6 App. Cas. 193) was cited.
had only said that they had mitigated a nuisance. The Metropolitan (ante, p. 744), and our note, “J. G. G.” writes :“Will you allow me to refer you and your correspondent to
CHARLES, J., said that he was not satisfied in this case that the plaintiff Anson on Contracts, part 5, chap. 2, where it is laid down that the of convenience, he made no order, except that the costs be costs in the
was entitled to an interlocutory injunction; having regard to the balance acceptance of a negotiable instrument may be an absolute or con action.- Counsel, Marlen, Q.C., and Brinton ; Latham, Q.C., and Baker. ditional discharge, and that if accepted expressly or impliedly in dis- SOLICITORS, Routh, Stacey, & Castle, for Henry Thompson & Son, Grantham; charge of all existing liabilities and dishonoured, the ci editor's only Sharpe, Parkers, Pritchard, ģ Co. remedy is to sue upon it. “I take it, in fact, that if a cheque be accepted in discharge of all
PRACTICE-BANK OF ENGLAND-STOCKS-INJUNCTION. previous claims it is a case of accord and satisfaction, and that, on In the case of Taunton v. Falla, before Charles, J., on the 30th ult., the the cheque being dishonoured, the only remedy is on the new con- question arose as to the practice of the court with regard to the descriptract evidenced by the cheque, the consideration for which was the tion of stock, the transfer of which it was sought to restrain: It washa discharge of the previous one.' [Of course, this 50 ; but it appeared to us that the words in- Peter Falla, the administrator of the estate of Thomas Orange, and the
trustees under the sequestration of P. F. Payne, to restrain the defendant, dorsed on the cheque in our correspondent's case—“In settlement Bank of England from dealing with certain stocks and funds. On the of account to date” —referred to the acceptance of half the claim 23rd of September last Charles, J., granted an interim injunction over in satisfaction of the whole, and not to the acceptance of the the 28th of September restraining the bank from the transfer of any cheque as an absolute discharge.-ED. S.J.]
stocks or funds standing in the name of Thomas Orange, of St. Lawrence