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Hollett, Robert, Bradninch, Depon, Baker. Feb 3 at 12 at of ces of

Huggins, Paul st, Exeter Hollin, Henry John, Peterborough, Dyer. Jan 24 at 3 at offces of

Gaches, Cathedral gate, Peterborough Holt, Robert, Danham, Farmer. Jan 27 at 11 at offices of Hodgson,

Tib lane, Manchester Howarth, David, Bury, Lancaster, Commission Agent. Jan 26 at 3 at

offices of Haslam, Market st, Bury Hunt, George, sen, and George Hunt, jun, Liverpool, Joiners. Feb 3 at 3 at Law Association, Cook st, Liverpool. Bartlett and Atkinson Liverpool Hudson, Abraham, Manningham, York, Glass Dealer. Jan 26 at 11 at

offices of Last, Tyrell st, Bradford Jackson, William, Burslem. out of business. Jan 24 at 11 at offices of

Ashmall, Albion st, Hanley James, Henry William, Truro. Falmouth, Cornwall, Travelling

Draper. Jan 24 at i at offices of Cock, Coorbe lane, Pyder st,

Truro Jeffery, Walter, and George Jeffery, West Ashling, Sussex, Millers.

Jan 26 at 2.30 al Anchor Hotel, West st, Chichester. Janman,

Chichester Johnson, James, South Shields, Mariner. Jan 26 at 2 at offices of

Salmon and Osborne, King st, South Shields Joliffe, George, Pontypool, Painter. Jan 23 at 12.30 at onces of

Dauncey, Albion chmbrs, Newport Jones, George, Selattyn, Salop, Miller. Jan 26 at 2.30 at Public Hall,

Oswestry. Minshalls and Cn. Oswestry Jones, William, John, and William Winterburn, Brighouse, York,

Wood Torners. Jan 29 at 3 at offices of Barker and Co, Estate blogs,

Huddersfield Kidd, Emila, Birmingham, Electro Plater. Jan 26 at 11 at offices of

Taylor, Colmore row, Birmiogham Lack, William, Felton st, Hoxton, Baker. Jan 30 at 11 at Masons'

Hall Tavern, Masons' avenue, Basioghall st. Fuleher, Horton rd, Hackney Lane, Henry Thomas, Winterbourne St Martin, Dorset, Farmer. Jan 30

at 11.45 at the George Hotel, Frome. Sparks and Blake, Crewkerne Lewis, Edward Richard, Poclton-cum-Seacombe, Chester, Builder.

Jan 26 at 11 at offices of Knowles, Cook at, Liverpool Lipop, Charles, Farmers rd, Camberwell, Caterer to a Club. Jan 20

al 3 st offices of Clark and Cooper, Portugal st, Lincoln's inn fields Lofts, David William, Little Abington, Cambridge, Farmer. Jan 29 at 11 at offices of Ellison and Co, Alexandra st, Petty Cury, Cam

bridge Lomas. William, Blackley, near Manchester, Grocer, Jan 26 at

3 at the Thatched House Hotel, New market pl, Manchester. Warner

and Bulder, Manchester Lord, Joshoa, and John Henry Wagstaff, Manchester. Japanned Goods

Manufacturers. Jan 22 at 11 at offices of Eltoft, King st, Man.

chester Labbock. Leonard, Norwich, Baker. Jan 26 at 12 at offices of Blyth,

Castle chambers, Norwich
Lynıs, Ralpb, Coatham, York, Painter. Jan 22 at 11 at Victoria Hotel,

High st, Stockton-on-Tees
Manning, Joho, Weston Favell, Northampton, Farmer. Jan 28 at 3 at

offices of Howes anil Percival, Abington st, Northampton Varston, Heary Ebbing, Ipswich, Theatrical Manager. Jan 28 at 11 at

offices of Milis, Elm st, Ipswich Master. James, Roath, Cardiff, Builder. Jan 27 at 11 at offices of Gann and Jones, St Mary

st, Cardiff. Nettleton, Cardiff MeNichol, Andrew, Liverpool, Iron Marchant. Jan 27 at 3 at ofces of

Masters and Fletcher, North Johnst, Liverpool
Miller, Edword, Leicester, Brazier. Jan 26 at 3 at offices of Felsteed,

Granby st, Leicester
Miller, James, Abb-Kettleby, Leicester, Baker. Jan 23 at 11 at offices

of Barker, jun, Sherrard st, Melton Mowbray
Mitealfe, William Broderick, Coal Exchange, Lower Thames st, Coal
Factor. Jan 29 at 2 at off.ces of Good and Daniels, Poultry.

Argles and Co Voektord, Joseph Chandler, Uckfield, Sursex, Grocer, Jan 28 at 3

at offices of Goodman, North st, Brighton Mortop, Manrice Sewell, Manchester, Baker. Jan 29 at 2 at the Mitre

Hotel, Cathedral gates, Manchester. Ridwal, Manchester
Marphy, William, Manchester, Boot and Shoe Maker, Jan 27 at 3 at

offices of Vaughan-Jones, Bridge Rt, Manchester Myatt, Joseph, Hanley, Stafford, Miner. Jan 26 at 3 at offices of

Teonant and Co, Cneapside, Hanley
Nearins, William, North Shields, Licensed Victualler. Jan 23 at 12.30

at offices of Kewney, Howard st, North Shields
Needham, John, Rusholme, Lancaster, Beer Retailer. Jan 27 at 2
at offices of Goodwin, Bridge st, Manchester. Tremewen, Man-

chester Newman, Harry, Brompton, Kent, Eating House Keeper. Jan 24 at

12 at offices of Norman, Ordnance terrace, Chatham Nicholas, Thomas, Matson, Gloucester, Farmer. Jan 23 at 3 at the

Ram Hotel, Southgate st, Gloucester. Taynton and Sons, Gloucester Niekless, William, Netherton, Worcester, Licensed Victualler. Jan 24

at 11 at offices ot Horner, High st, Brierley hill Noble, Andrew, Gateshead, Durbam, Builder. Jan 23 a: 2 at offices of

Milburne, Moseley st, Newcastle-upon-Tyne. Legge and Dennison, Newcastle-upon-Type Nottall, Robert, Stockport, Cheshire, Watchmaker. Jan 26 at 3 at

otices of Newton, Bank chambers, Market place, Stockport Osborn, William, Roshock, Worcester, Farner. Jan 28 at 11 at offices

of Roskell, Union chambers, Stourbridge Page, Herbert, Birmingham. Jan 22 at 11 at offices of Rooke, Bennett's

hili, Birmingham Pelbam, Samuel, the Pavement, Tottenham, Bntcher. Jan 21 at 3 at

offices of Hopkins, Moorgate station buildings Parkinson, Joha Thomas, and Robert Fowler, Manchester. Common Brewery. Jan 27 at 1 at offices of Butcher and Litton, Princess st,

Manchester. Johoson, Manchester Peel, Norris, Haddersfield, Woollen Manager. Jan 23 at 11 at offices

of Learoyd and Co, Buxton rd, Buddersfield Perry, George, Torquay, Devon, Confectioner. Jan 27 at 11 at the

Queen's Hotel, Queen st, Exeter. Lindsp, Torquay Pa lipy, Frederick, sen, and Frederick Phillips, jon, Onion :d, Scuth

Vark Builders. Jan 21 at 3 st offices of Cop'r, Chra ery lano

Porter. Thomas William, Blackstock rd, Highbury, Dealer in Bed

steade. Jan 24 at I at offices of Cooper, Chancery lane Potter, Samuel, Nottingham, Furniture Dealer. Jan 28 at 12 at offices

of Fraser, Brougham chambers, Wheeler gate, Nottingham Poysor, Elizabeth, Kidsgrove, Stafford, Licensed Victualier. Jan 22 at

2 at offices of rratt and Son, Kidsgrove Price, Benjamin, Llanbedr-Painscastle, Radnor, Innkeeper. Jan 26 at

12 at offices of Page, Chancery lane Pryce, Edward, Henfron, Montgomery, Farmor. Jan 29 at 12 at offices

of Harrison, Berriew st, Welshpool Redford, Henry, Spa rd, Bermondsey, Grocer. Jan 20 at 10 at Ridler's

Hotel, High Holborn. Hope, Bell yd, Fleet at Rimsay, William, Manningham, York, Clothier. Jan 27 at 2 at the

Mosely Hotel, Market st, Manchester. Last, Bradford Rayner, Samuel, Stisted, Essex, Corndoalor. Jan 26 at ll at the White

Hart Hotel, Bocking. Cunnington, Braintree Roynolds, Joseph Benjamin, Barwell, Leicester, Surveyor. Feb 3

at 3 at offices of Chadwick und Toller, Berridge st, Leicester. Burnaby, Leicester Roberts, Owen, Bootle, near Liverpool, Mason. Jan 27 at 3 at o Hoss of

Radcliffe and Layton, Hockin's Hey, Liverpool Roberts, Robert, Denbigh, Join:r. Jan 21 at 12 at offices of Gold & Co,

Denbigh Robins n, Thomas Fisher, Hu'me, Commission Agent. Jan 29 at 11

at the Commercial Hotel, Browo st, Manchester Ruddock, William, Leeds, Javeuile Tailor. Jan 26 at 11 at offices of

Weston. Park row, Leeds Sanders, John Jackson, St Peter's rd, Mile End, out of business,

Jan 22 at 11 at the Old Catherine Wheel Inn, Bishopsgate st With

out. Hicks, Victoria park ru Screaton, Alfred, Leicester, Clothier. Feb 8 at 3 at offices of Buckby,

Pocklington's walk, Leicester Sedgwick, Henry, Sneinton, Nottingham, Joiper. Jan 27 at 12 at offices

of Belk, Middle pavement, Nottingham Seymour, John, Sheffield, Fruiterer. Jan 21 at 11 at offices of Pier.

son, Queen st, Sheffield Skinner, Joseph, Ashburton, Devon, Licənsed Victaaller. Jan 29 at 11

at ofllces of Tozer, E4st st. Ashborton Smith, Edward, Wilmington, Kent, Market Gardener. Jan 29 at 11.30

at offices of Haywards and Co, Fredericks pl, Old Jewry Smith, Ralph, Stoke-upon-Trent. Potter. Jan 27 at 3 at offices of

Tennant and Co, Cheapside, Hanley Smith, Thomas, Painsthorpe, York, Farmer. Jan 26 at 11 at Buck

Hotel, Pocklington. Powell and Sargent, Pocklington Stogdale, Robert William, Copmanthorpe, York, Farmer. Jan 23 at

12 at offices of Jones, Coney st, York Stringer, Herbert, Bilston, Stafford, ont of business. Jan 24 at 11 at

Globe Inn, Mount Pleasant, Bilston. Fellows, Bilston Sturland, Charies, Pentawn Park, Llanfairfachan, Carnarvon, Beer

Retailer. Jan 28 at 12 at officts of Kellas and, Co, Kennedy 81, Mac.

chester. Higham, Manchester Swinton, James, Runcorn, Chester, Game Dealer. Jan 26 at 2 at

Wilson's Hotel, Runcorn. Davies and Co, Warrington Taylor, George Gibson, Newcastle-upon-Tyne, Boot Dealer. Feb 3 at

il at Royal Hotel, Leicester. Keenlyside and Co, Newcastle Taylor, Rebecca, Batley, York Grocer. Jan 26 at 3 at offices of

Booth and Sons, Hanover st, Batley. Watts and Sou, Batley Thompson, John, Lockwood, nr Huddersfield, Lath Merchant. Jan 26

at 3 at offices of Bottomley, New si, Huddersfield Thompson, Richard, Hopper, Newcastle-upon-Tyne, Shipbroker. Jan

26 at 3 at offices of Pinkney, Joha st, Sunderland Trevett. Thomas, Le'cester, Bu'cher. Jan 27 at 3 at offices of Owston

and Dickinson, Friar lane, Leicester Vinsen, Walter William, Cambridge, Carriage Builder, Jan 21 at 2

at the Wrestler's Hotel, Petty Cury, Cambridge. Lyon, Cam

bridge Wadsworth, Thomas, Woodford, Northampton, Baker. Feb 3 at 12 at

offices of Richardson and Son, Thrapston Weidenburgh, Harry, Leather lane, Picture Framo Maker. Jan 16 at

11 at the Britannia Public honge, City rd Wigginton, Eliza, Tadlow, Cambridge, Farmer. Jan 27 at 3 at the

Crown Inn, Poiton. Turnor, Cambridge Wing, Edward, and Thomas Edward Wine, Kingston-upon-Hull,

Wholegule Stationers. Jan 24 at 11 at the Queen's Hotel, Birming

ham. Woodhouse and Peach, Hull Wingham, Robert, Albion Villas, Kensal Town, Baker. Jan 22 at 3 at

offices of Cooper, Chancery lane Wilkins, William Henry, Brixton rd, Contractor. Jan 23 at 3 at offices

of Apps, South sq, Gray's inn Wiseman, John, Luton, Bedford, Prioter. Jan 22 at 1 at 61, Chancery

lane. Ewen and Roberts, Luton Wright, William Jcho, Liverpool, Provision Merchant. Jan 26 at 3

at offics of Gibson and Co, South John st, Liverpool. Lynch and Teebay, Liverpool

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Solicitors' Journal.

truth in the statement; and he thought it just that those officials should at once be relieved from the im. putation which had been made.

LONDON, JANUARY 24, 1880.

CONTENTS.

......... 229

THE PROMOTION of Mr. Graham to the vacant Mastership in Lunacy, calls attention of the office, which he has hitherto so efficiently filled, of Principal Secretary to the Lord Chancellor. This is one of those posts in which knowledge and ability of a high order are imperatively required, and receive but little notice from the world in general. The business of the principal secretary is not only to conduct the Chancellor's official correspondence, but to assist him in preparing written judgments; he has also to master and advise upon materials submitted for the Cbancellor's consideration, and to see all visitors whom the Chancellor is unable himself to receive. It will be seen that the best testimony which can be given to the success of a principal secretary is that he has never caused a complaint, and has consequently never been heard of by the public.

..... 232

.... 233

.... 235

235

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CURRENT TOPICS:

The Chancery Taxing Masters
The Principal Secretary to the Lord Chancellor

................ 929 The Royal Courts of Justice

........... 229 The English Church Onion's Memorial to Mr. Cross ............ 229 Trade-marks

230 The Late Mr. Dyeon

230 LEADERS :Should the Proviso for Re-entry be Qualified ?

230 Affidavit of Execution of Bil of Sale

........... 231 REVIEWS

232 GENERAL CORRESPONDENCE...

232 CASES OF THE WEEK :

Orr Ewing & Co. v. Johnston
Learoyd, Ex parte .......................

233
Woods, In re
Duce, Ex parte .............................................. 233
Evans, Es parte .............................................. 233
Toffc v. Whinney ............................................ 234
Stein v. Stephen. ..............................................

234 Jacobson v. St. Pancras Vestry.

234 Argles and Rawlins, In re .................................... 24 Lacey v. Hill..

234 Blight v. Hartnoll

255 SOCIETIES....... OBITUARY.. APPOINTMENTS, ETC............................................ 235 COMPANIES ............................................ 236 SOLICITORS' CASES.............................................. 236 COUNTY COURTS ........................................

RAPID PROGRESS is being made with the buildings on the west side of the great quadrangle at the Royal Courts of Justice. Already the greater part of the scaffolding has been removed, and the plastering of the rooms has commenced. These rooms include the offices of some of the Chancery Chief Clerks, and they will be ready for occupation in the course of the present year. The bar room in this part of the building is sv.fficiently near completion to enable an idea to be formed of its general effect. It is situated at the south end of the great quadrangle, and opens from the corridor on the court floor. The room, which is lofty and well proportioned, runs east and west, and receives light from three large windows on the north and south sides. The ceiling is panelled in oak, and it is understood that the decorations are to be of a very elaborate description. It is to be hoped that more important matters will not be overlooked. It is essential to the success of the room that it should afford means of private consultation, and that it should be near to the bar library, which, we presume, will be provided in the new building.

ONE OF THE MOST REMARKABLE documents probably ever laid before a Home Secretary is stated to have been presented to Mr. Cross last week, in the shape of a memorial from the President and Council of the English Church Union, with reference to the proceedings of Lord Penzance in the Miles Platting case. The memorial, after referring to the case, cites, from the bill of costs delivered to the inhibited clergyman, certain alleged extracts, such as the following: Feb. 3.-Attending his lordship again in the

evening and long interview, when he agreed in our construction of the Act and roles, and was prepared to authorize the course we suggested ; but having regard to the present difficulties of procedure under the Public Worabip Regulation Act, he advised that the proceeding should be commenced de novo

1 1 0 Feb. 3.-Paid cab-bire on this and preceding visit 0 7 6 Feb. 4.-Writing very specially therewith to Mr. Jepson, detailing the views of the judge

0 50 Feb. 4.—Writing provincial registrars, the result of our interview with the judge

0 50 Feb. 4.-Perusing letter from Lord Penzance later in the day, that on consideration be was prepared to authorize the course we desired, and would, on our request and responsibility, write to bis diocesan registrars to return the representation to

us

236 CE EDITORS' CLAIMS ............................................ 237 COURT PAPERS

233 LEGAL NEWS

240
LONDON GAZ TTRS, &c., &c.
CASES REPORTED IN THE WEEKLY REPORTER
Bagnall r. Villar (Ch.Div. V.C.H.)

242
* Byicged Christensen,” Toe Owners of the, v. The Oxners of
* The Frederick William " (P.C.)

233 Castle v. Downton. Bradley, Claimant (C.P.Div).

257 "City of Mecca,” The (Prob. Div. and Adm. Div., Adm.)

260 Cobbold and others v. Pryke (Divl. Court)

259 Crawford v. Toogood (Ch.Div. Fry, J.)........

248 Eiwes v. Payne (App)

234 * Emposa, The (Prob. Div, and Adm. Div., Adm.)

263 Harford's Trusts (Ch.Div. M.R.)

239
Hawkins (dece aseo), In re. Hawkins v. Hawkins (Ch.Div. V.O.M.) 240
Jones v. C*morthin Slate Company (Limited) (App.) ......
Kassey v. Allen (Ch.Div. V.C.d.)

243
* Matthew Cay," The (Prob. Div. and Adm. Div., Adm.) .......
Mayor, The, and Commonalty and Citizens of the City of London v.
John Low and Joba Low, the younger (Q.B.Div)

250 Morier, Ex parte. In re Willis, Percival, & Co (A pp.)............. 235 Myers v. Detries (Fx. Div.)

25 Pickard v. Baylis (C P.Div.) ......

266 Queen, The, on the Prosecution of the Churchwardens and Over.

seers of St. Margaret and St. John the Evangelist, Westminster, Hespondents, v The Institution of Civil Logineers, Appellants (Q.B.Div.)

253 Robinson v. Davies (Q.B.Div.).

255 Rossiter v. Rossiter (Ch.Div. M.R.).........

238 Tapley v. Eagleton (Ch.Div. M.R.)

239 Trotter Y. Maclean. Trotter v. Vaughan. Trotter V. Fletcher (Ch.Div. Fry, J.)

246 Wedderbuin v. Pickering (Ch.Div. M. R.)

239 Whitley, Partners (Limited), In re. Sieel's case (Ch.Div. V.C.B.) 241

..... 241

... 237

.......... 262

CURRENT TOPICS.

ON FRIDAY WEEK, in the course of the hearing of a case before the Master of the Rolls, a statement was made in open court by a solicitor to the effect that the chancery taxing masters are in the habit of giving their opinion to any solicitor who may ask it on the subject of items to be inserted in a bill of costs, thereby, as he inferred, practically taxing bills not referred to them, or, at any rate, bills the reference to tax which had not yet been brought in. The Master of the Rolls seemed to be astonished at this positive statement, and directed the registrar to communicate with the taxing masters, and inquire as to whether there was any truth in it. On Tuesday last, on returning into court after the midday adjournment, the Master of the Rolls took occasion to state that he had received a communication from the taxing masters stating that there was not a shadow of

Feb. 4.-Attendiog Lord Penzance at his residence,

as we deemed it important it should not be sent to us, but returned to the diocesan registrar,

when, after conference, he agreed to modify his

directions as to bis registrars accordingly... 0 13 4 | SHOULD THE PROVISO FOR RE-ENTRY BE And the memorialists, after questioning the propriety of

QUALIFIED? the course taken by Lord Penzance in “privately assist. There is some fear lest the rather sudden awakening ing by his advice the solicitor for the complainants," end of lessees to their dangers, shown by the recent correswith praying " that you will be pleased to canse inquiry pondence in the Times, should lead to legislation of a to be made into the truth of the statements contained in

more sweeping character than is needed.

There are, this memorial, and will take such other steps as may seem speaking broadly, three great classes of leases : mining right and just in reference thereto." We confess we are leases, building leases, and ordinary rack-rent leases, to at a loss to see what “other steps " Mr, Cross is to take, each of which different considerations are applicable. or, indeed, what he has to do with the matter. It is true The lessee of mines has usually to incur a very heavy that under the Public Worship Regulation Act, 1874, outlay at the commencement of his lease and before he the Queen, by warrant under the hand of the Home can reap any profit. He has also to enter into numerous Secretary signified her approval of the appointment of covenants relating to the mode of working the minerals, Lord Penzance as a judge of the Provincial Courts of and of exercising his surface rights. Not only are the Canterbury and York; and the appointment was “ during consequences of the exercise of a proviso for re-entry on good behaviour.” But it was not made by the Queen, breach of covenant exceptionally serious to the lessee, but by the Archbishops of Canterbury and York. but he is liable to have it put in force for acts and omis.

sions of his workmen of a trivial nature. Lord Justice

James, in his judgmentin Hodgkinson v. Crowe (23 W. R. IN THE COURSE of last year we remarked upon the 886), mentioned an instance where a long lease of copper anomalous result arrived at with respect to the cotton mines and works was forfeited because the lessee trade-marks of Messrs. Archibald Orr Ewing & Co., of had neglected to keep up a fence, although not one Glasgow, which had at that time been refused registra- shilling's-worth of damage had been thereby caused to tion by the Court of Appeal, on the authority of the the lessor. In this class of leases it is plainly reasonable Manchester Committee of Experts, while in a case of Orr that some qualification should be attached to the landEwing v. Johnston Mr. Justice Fry had granted protec- | lord's rights under the proviso, and, so far as the writer tion against infringement to those marks, as being valid is aware (although it is always unsafe to draw general trade-marks. We then observed that it appeared to us that conclusions from the limited experience of individuals), if the marks were not common to the trade they ought such a qualification is generally conceded by lessors. to be registered, or that if they were common to the In all the precedents of leases of mines contained in the trade, other traders ought not to be prevented from most recent standard collection of precedents (Keg and using them. One of the conclusions we then indicated Elphinstone's Precedents in Conveyancing) there is to be as reasonable has now been arrived at, for in Orr Ewing found a clause restricting the exercise of the land lord's v. Registrar of Trade-marks the House of Lords decided right of re-entry. last July that the mark in question should be admitted As regards building leases, it is also, of course, true to registration, and in Orr Ewing v. Johnston the Court that the lessee incurs a heavy expenditure at the com. of Appeal has just (as will be seen from the note in mencement of his lease, either in building the house or another columu) affirmed the decision of Mr. Justice Fry, | buying it from the builder who has erected it uuder a by which an infringement of the marks was restrained. building agreement, and the consequences to the lessee of

a forfeiture are very serious. But he is usually better able

to guard against the occurrence of a forfeiture than is the A VERY UNUSUAL TRIBUTE to the memory of a parlia- mining lessee. The covenants are usually few and mentary agent was paid on Monday at the opening of simple, and with the exception of the covenant to repair, the sittings of the Examiners of Private Bills. Before there is little fear of any breach occurring, in the case of the business was commenced, Mr. Frere took occasion to a lessee of ordinary prudence and vigilance, which will refer to the sudden death last week of Mr. Shrubsole, of result in absolute forfeiture. Instances of provisoes for the firm of Dyson & Co., who had practised in the re-entry covering such trivialities as breaches of coveParliamentary Committees for a long series of years. nants to register assignments with the lessor's solicitor, He was a man, Mr. Frere said, of sound professional do, no doubt, occur on certain large estates where the judgment, of the highest honour and integrity, and form of lease is stereotyped, and an alteration of remarkable alike for courtesy and hospitality. He was even a few words causes a flutter of horror in the sure the profession generally would join with him in "estate office"; but we doubt whether such a state of expressing their deep sense of the loss they had all sus. things exists at all generally. But though there may be tained by Mr. Shrubsole's sudden removal from amongst no great risk of incurring a forfeiture of a building lease them. We believe there are no members of the by breach of covenant, yet it cannot be denied that the profession who came in contact with the late Mr. penalty of forfeiture, when incurred, is often preShrubsole who will not heartily concur in this ex posterously in excess of the damage done to the pression of respect.

ground landlord. Moreover, the circumstances under which the form, of these leases is determined are not very conducive to fairness. The builder is com

paratively seldom either free or concerned to reject In a case heard at the Lancaster Assizes the plaintiff was obnoxious stipulations. He enters into a building stated by counsel to be a solicitor practising in Lancaster agreement specifying the terms, or containing in the who bad given the late Mr. Justice Cresswell his first brief, schedule the form of lease, to be granted of the houses to besides delivering briefs to Lord Brougham and Lord Abinger, when, as Mr. Brougham and Mr. Scarlett, they advances either by the ground landlord or his solicitor,

be erected, but as he often relies for his funds ou were practising on the Northern Circuit. In a night-poaching case before Lord Justice Bramwell, of the leases to be granted. And as he hopes that before

he is not in a position to criticize carefully the provisions at the Maidstone Assizes, on the 16th inst., a curious point arose after the trial was over. The counsel for the prosecu

the leases are granted the houses will be off his hands, tion applied to his lordship for an order on the police to

and as, if not, they will certainly be in the hands of his deliver up to the keeper, who bad been beaten, an air gun mortgagees, lie is probably not greatly exercised about the carried by one of the poachers. His lordship, however-no risks arising from the proviso for re-entry. Considering statute being cited giving bim such a power-declined to the frequent disparity between the offence and its penalty exercise it, but said that if the keeper had it and the poacher in the case of forfeiture for breach of covenant in sued him for it, the keeper would have a counter-claim for a building lease, and the circumstances of pressure an assault.

under which the provisions of building leases are often

.

settled, it seems reasonable that some qualification should present, the best mode of legislation would be to pro. be attached to the proviso for re-entry in these leases. vide, in effect, that in all leases (past or future) And in proof that the insertion of such a clause has come not at a rack rent, there shall be deemed to be mended itself to the judgment of conveyancers of ex inserted a clause providing that no breach of any of the perience, we need only refer to the work already quoted covenants and conditions shall occasion any forfeiture (p. 512), where the authors say, “It is considered unless and until the lessor shall have given notice in that, except in rack-rent leases, the clause [i.e., the writing of the specific breach of covenant or condition proviso for re-entry on breach of covenant) ought, complained of, and default shall have been made by the in general, to be qualified by the proviso given below." lessee, for a specified time after the notice, in remedying

With regard to rack-rent leas98, however, no such case the breach or making full compensation to the lessor of hardship can usually be made out. There is, no for any breach which cannot otherwise be made good, doubt, some expense and inconvenience incurred by the tenant of a house in being forced to remove, and still more to the tenant of a farm in being compelled to quit, but in neither case does the tenant lose, or the landlord | AFFIDAVIT OF EXECUTION OF BILL OF put into his pocket, any large outlay on the demised pre

SALE. mises. In neither case are the covenants of the lease

There are some points relating to the practice under usually such as to render it difficult for a tenant to avoid

section 10 of the Bills of Sale Act, 1878, which are still a forfeiture. The intending tenant of a house is usually unsettled and which it may be useful to notice. free to stipulate for any modification of the provisions of

What is to be the form of affidavit where the bill of his lease which he may think desirable, and, under pre.

sale is made or given by a company? The affidavit, it sent circumstances, the intending tenant of a farm is cer.

will be remembered, is required to he "of the time of tainly not less unfettered in dealing with the owner. If he

such bill of sale being made or given, and of its due neglects to stipulate for the qualification of the proviso for execution and attestation, and a description of the resire-entry, he has only himself to blame for the consequences dence and occupation of the person making or giving of his neglect. It must not be lost sight of that if there

the same, are unconscientious landlords there are also unpriucipled bill of sale.” The “residence of a company is, there

• and of every attesting witness to such tenants, and we are inclined to think on the whole

can be little doubt, its principal and registered office ; that lessees at rack-rent may be left to take care of them. but how should the "occupation" of the company be selves.

stated ? Apparently in the words of the memorandum But what should be done in the case of leases of association, so far as these relate to the carrying on not at rack-reut? Several remedies have been suggested. of a particular business. It will be safer thus to describe "Lincoln's-inn" is anxious to have "a short Act, enabling the occupation in all cases ; but in Shears V. Jacob (14 the High Court to give relief in all cases of forfeiture for W. R. 609, L. R. 1 C. P. 513) it was held, under the like breach of covenant." It is easy enough to airily de provision of the old Act, that the name of the conipany scribe such an Act as “a short Act," but let " Lincoln's giving the bill of sale, "The Glucose Sugar and Colourinn " try his hand at drafting it. Let him look at ing Company," was a sufficient description of its occupathe provisions of the Bill promoted three years ago tion, and that no further description of occupation was for the same object. Mr. Marton, Q.C., is an necessary in the affidavit. experienced draftsman and a competent lawyer, but we In this case of Shears v. Jacob the bill of sale was were compelled to protest energetically, in the interests sealed with the seal of a company and countersigued by of the profession, agaiust the complication of the provisions two of the directors, but the affidavit did not give the of his Bill, and the difficulties likely to be occasioned by addresses of these directors. It was contended that they it; and as soon as the measure came under the notice of were attesting witnesses whose residences and occupathe Lord Chancellor, it was slaughtered. Highly as we tions must be given in the affidavit. But the court held estimate the discretion of the judges of the High Court that the directors merely signed “as part of the execuor of the Chancery Division, we should not be willing tion of the instrument" and not of its attestation. The to accord to them an absolute power of granting relief same decision was arrived at in Deffell v. White (15 against forfeiture. And, independently of the difficulty of W. R. 68, L. R. 2 C. P. 144). But it is to be observed providing proper safeguards for the exercise of the that in Shears v. Jacob there was evidence that it was powers of the court, we do not see why the tenant

usual for two directors to countersign after the seal of should be driven to a chancery action in order to obtain the company was affixed, and in Deffell v. White there relief.

was a resolution of the directors providing that the The writer of two able and forcible letters in the affixing of the seal should be attested by the signatures Times has disinterred the optional form of proviso for of two directors; and Erle, C.J., laid some stress upon re-entry contained in the Ecclesiastical Leasing Act, the circumstance that in executing the deed the two 1842, s. 1, and the Universities and College Estates Act, directors were “bound to put their names to it." It 1858, s. 11, which is to the effect that "no breach of will, obviously, be safer to shut out all question by covenant shall occasion any forfeiture unless or until stating in the affidavit the residence and occupation of judgment shall have been obtained in an action for the directors who countersign. such breach of covenant, nor unless the damages and Next, how is the provision of the Act as to the explacosts to be recovered in such action shall have remained nation of the effect of the bill of sale to the unpaid for the space of three calendar ths after grantor be carried out in the case of a bill of sale judgment sball have been obtained in such action," made by a company? Where the power of borrowing and he suggests that this should “be substituted com. money and giving securities for it is placed by the pulsorily for the common form of the proviso. The articles in the discretion of the directors, or where there suggestion is ingevious, and the fact that the clause is a general delegation in the articles of the powers of is no novelty (see a better expressed form in 5 the company to the directors—i.e., in the vast majority Davidson, 156), and has received the sanction of the of cases—there can be little doubt that an explanation Legislature, might disarm opposition. But why should to the directors will suffice. The directors, in such cases, a landlord who has to complain of a breach of covenant are, in fact, the grantor. But where-as sometimes be compelled in all cases to bring an action for damages the case in companies of small dimensions--the borrowbefore exercising his power to re-enter ? Ilis tenant may ing power can only be exercised under the sauction of be insolvent, and in many cases useless trouble and a special resolution, a question may be raised whether expeuse would be incurred.

explanation to the directors will be sufficient. We We do not pretend to give a decisive opinion on a should suppose, however, that even in this case the question of much dificulty, but so far as we can see at directors would be held to be the persons to receive the

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