Page images





17 22

62 88

165 190 215

.. 300,000

.. 12,000 .. 14,000 .. 16,000

275 325 375

Above the

On taking his seat at the Liverpool Police Court on the value of and under Duty. of the £100 £200 $2 value of

Duty. and under

morning of the 3rd inst., Mr. Rafles made the following Of the

£18,000 £20,000 £475 observations :-"Another familiar face has gone from amongst value of

20,000 25,000

18. I cannot hear of the sudden death of our friend, Mr. Tyn€200 300

25,000 30,000 300

dall, without a deep feeling of regret. He has for many years 400 30,000 35,000

815 400

35,000 40,000


past, as solicitor for the Customs and Board of Trade, practised 500 600 13 40,000

45,000 1,065 (I might almost say daily) in this court for one or the other of 600 800

45,000 50,000 1,190 those public departments, and during that long course of 800 1,000 50,000 60,000

1,375 1,000 1,500 31 60,000 70,000 1,625

years he conducted the business intrusted to him in a most 1,500 2,000


1,875 efficient manner, and I believe to the entire satisfaction of 2,000 3,000

80,000 90,000 2,125 those for whom he acted. For myself I may say that he se3,000 4,000

90,000 100,000 2,375 4,000 5,000

cured and retained the esteem and regard of the court, and 113

100,000 120,000 2,750 5,000 6,000 140 120,000 .. 140,000 3,250

of all with whom he came in contact in the discharge of his 6,000 7.000

140,000 160,000 3,750 public duty, as a thoroughly honourable practitioner, anxious 7,000 8,000

160,000 180,000 4,250 only to discharge his duty fairly towards all with whom he 8,000 9,000

.. 200,000

9,000 10,000

had to do. I should not be doing justice to my own feelings 200,000 •• 250,000

5,625 10,000



did I not thus bear public testimony to the many excellent 12,000

.. 350,000

8,125 qualities of mind and heart for which we shall long remember 14,000

350,000 400,000 9,375 16,000 .. 18,000 425 400,000

11,250 .. 500,000

our friend Mr. Tyndall.” Mr. Tyndall was buried at the Of the value of £500,000 and upwards—then, in addition to the said

Smithdown-road Cemetery on the 5th inst., many members of duty of £11,250, for every full sum of £100,000 in excess of £500,000,

the legal profession being present at the funeral. and also for any fractional part of £100,000 so in excess, £2,500.

“2. Resolved,—That it is expedient to amend the laws relating to the stamp duties on probates of wills, letters of

MR. CLEMENT FRANCIS. administration, and inventories, and the laws relating to the duties on legacies and successions."

Mr. Clement Francis, the head of the firm of Francis, The resolutions are to be reported to-day.

Riches, & Francis, solicitor to the University of Cambridge, died at his residence Qay Hall, near Cambridge, on the 7th inst., from bronchitis, after a very short illness. Mr. Franeis was born in 1815, and was admitted a solicitor in 1838. He

sabsequently matriculated at Trinity Hall, where he Obituary. graduated B.A. in 1843, and M. A. in 1846.

He was originally in partnership with Mr. Francis John Gunning,

late town clerk of Cambridge. At a later date he was MR. DAVID WALTER DAVIS.

joined by Mr. Thomas Webster and Mr. Alfred Smith Mr. David Walter Davis, solicitor, of Cardiff, Merthyr Riches, and still more recently by Mr. Thomas Musgrave Tydvil, and Pontypridd, died on the 28th ult., after a long Francis, M.A., of Trinity College. The deceased was at the illness. Mr. Davis was born in 1835, and was admitted a head of one of the largest offices at Cambridge. He had been solicitor in 1859. He soon afterwards commenced practice for many years solicitor to the University, and he also acted at Pontypridd in partnership with Mr. Montague Grover, for several of the larger colleges. He was a perpetual comwith branch offices at Cardiff and Merthyr Tydvil, but the missioner for Cambridgeshire, acting registrar of the archpartnership was dissolved about ten years later. Mr. Davis deaconery of Ely, and clerk to the visiting magistrates of was a commissioner to administer oaths in the Supreme Court the Cambridgeshire and Isle of Ely Lunatic Asylum, and to of Judicature, and a perpetual commissioner for "Glamorgan- the conservators of the River Cam. Mr. Francis was a shire, and he had an extensive private practice. His health deputy-lieutenant for Cambridgeshire. His death has caused had been for a long time failing, and he had been compelled a general feeling of regret both in the town and in the to withdraw from professional life. He was buried at St. University. Martin's, Caerphilly, on the 5th inst., the funeral being at. tended by a large number of friends, including most of the solicitors practising in the district. The South Wales Weekly

MR. HENRY CARLYON PHEAR. News says of Mr. Davis :-“ Well read, exceedingly able as

Mr. Henry Carlyon Phear, barrister, died at his residence an advocate, and one upon whose opinion the utmost reliance could be placed, he gained the confidence of all who knew

at Croydon, on the 3rd inst. Mr. Phear was a younger him, and won to himself a numerous clientele and a large He was born in 1827, and was formerly scholar of Caius

brother of Sir John Budd Phear, late Chief Justice of Ceylon. practice, which was increasing when the state of his health College, Cambridge, where he graduated as second wrangler demanded his retirement about two years since. That this

and first Smith's prizeman in 1849. He was afterwards event should be a source of regret was only natural, and

elected a fellow of his college, and he was called to the bar many and sincere were the wishes for his ultimate recovery,

at the Inner Temple in Trinity Term, 1853. He practised but it was not to be, and after a long time death released bim. The ultimate friends of the deceased gentleman putation of being a very sound lawyer.

as an equity draftsman and conveyancer, and had the rewill remember him as a kind and thoughtful friend, a genial health had for a long time been failing.

Mr. Phear's and generous companion, with a quiet vein of humour which made him much sought for, and one in whose society both pleasure and profit were to be obtained."


Mr. James Coleman Fitzpatrick, late judge of the Supreme

Court of the Cape of Good Hope, died at Wynberg, South Mr. William Tyndall, solicitor (of the firm of Tyndall & Africa, on the 6tb ult. Mr. Fitzoatrick was called to the Paxton), died suddenly, from apoplexy, at 7, Ivanhoe-road, bar in Ireland in 1844, and in 1847 he proceeded to the Sefton-park, Liverpool, on the 2nd inst. Mr. Tyndall was West Coast of Africa in the capacity of a judicial assessor the son of Mr. Thomas Tyndall, solicitor, of Birmingham. to the sovereigns and chiefs in the countries adjacent to her He was born in 1810, and was admitted a solicitor in 1843. Majesty's Forest and Settlements on the Gold Coast. He He first practised at Birmingham in partnership with his was Chief Justice of the Gold Coast from 1857 till 1861, father and brother. In 1845 he removed to Liverpool and when he was appointed a judge of the Supreme Court of the joined Mr. Francis Hamp. He afterwards practised alone colony of British Kaffraria. He was called to the bar at for several years (having a branch office at Birkenhead), Lincoln's-inn in Trinity Term, 1857, and he was a puisne but for the last four or five years he had been associated with judge of the Supreme Court of the Cape Colony from 1872 till Mr. John Paxton. Mr. Tyndall was a perpetual commissioner last year, when, in consequence of failing health,'he retired on for Lancashire, and since 1843 he had been local solicitor to a pension. The Cape Argus speaks of the judicial services of the Board of Trade, in which capacity he had appeared in the deceased the following terms:-“His Honour, whose many important prosecutions and inquiries under the Mer- kindly demeanour and ready wit had made him many chant Shipping Acts. Mr. Tyndall also acted as solicitor at friends, bad rendered long and faithful service to the Crown. Liverpool to the Commissioners of Excise and of Customs. Called to the bar in 1844, he was three years afterward ap

pointed to an important office on the Gold Coast, in which settle

DISSOLUTIONS OF PARTNERSHIPS. ments he became in 1857 the Chief Justice. In 1861 he was appointed judge in British Kaffraria, and from this time

FRANCIS WILLIAM AITKENS and WILLIAM HENRY forward, nearly twenty years, he has served the colony in the HEWITT, solicitors, Hastings (Aitkens and Hewitt). highest judicial capacity: His Honour's powers had been March 1. (Gazette, March 9.) gradually failing for a long time past, and longevity was

JOHN HAWKSFORD and HERBERT CHARLES OWEN, 6, Darhardly to be expected in one who had passed so many years lington.street, Wolverhampton, solicitors (Hawksford & in the trying climate of the West Coast. Mr. Fitzpatrick Owen). December 31. (Gazette, March 9.) was a good Catholic, a good Irishman, and a good friend. As

HENRY MINETT, HENRY WALLACE SOREL CAMERON, a judge he was ever temperate and ever impartial, and and JOHN LEONARD PIDDOCKE, solicitors, Ross (Minett

, (until declining years impaired his usefulness) ever attentive Son, & Piddocke). (Henry Minett and John Leonard in the discharge of the fonctions of his office.'

Piddocke will carry on business under the firm of Minett & Piddoeke). January 1. (Gazette, March 9.)

Appointments, Etc.


Mr. HENRY SODEN BIRD, solicitor, of Newcastle-uponTyne, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature,

Mr. WILLIAM OSBORNE BOYES, solicitor, of Barnet, has been appointed Solicitor to the Barnet and District Licensed Victuallers' Protection Association.

Lord COLCHESTER has been appointed a Charity Commissioner for Eogland and Wales in succession to Lord Clinton, resigned. Lord Colchester was born in 1842, and succeeded to the peorage as third Baron Colchester on the death of his father in 1867. He was educated at Eton and at Cbrist Church, Oxford, where he obtained a double first (classics and law, and modern history) in 1863. He obtained The Stanhope Prize in 1861, aad was afterwards elected a fellow of All Souls College. He was called to tbe bar at Lincoln's-inn in Easter Term 1867.

Mr. M. B. DODDS, M.A., solicitor, of Stockton-on-Tees, has been appointed by Colonel Scurfield, High Sheriff of the county of Durham, to be Under-Sheriff for that county. Mr. Dodds is secretary to the Tees Salmon Fishery Board and clerk to the Kirkleatham Local Board of Health.

Mr. Joux HAWLEY EDWARDS, junior, solicitor, of Shrewsbury, has been appointed a Commissioner to administer Oaths in the Sapreme Court of Judicature.

Mr. William Evans, solicitor (of the firm of Wragge, Evans, & Holliday), of Birmingham, has been appointed by the High Sheriff of Staffordshire (Mr. Walter Williams) to be Under-Sheriff of that county for the ensuing year. Mr. Evans was admitted a solicitor in 1874.

Mr. SAMUEL GOODING, solicitor, of Ipswich, has been elected Clerk to the Bosmere and Claydon Board of Guardians, Assessment Committee, and Rural Sanitary Authority. Mr. Gooding was admitted a solicitor in 1877.

Mr. ALFRED RICKETTS HUDSON, solicitor, of Pershore, has been appointed by the High Sheriff of Worcestershire, (Mr. Robert Woodward), to be Under-Sheriff of that county for the ensuing year. Mr. Hudson was admitted a solicitor in 1849, and is registrar of the Pershore County Court, and clerk to the Commissioners of Taxes for the district of Pershore West.

Mr. George Briscoe KERFORD, barrister, has been appointed Attorney-General of the Colony of Victoria in the new Administration. Mr. Kerford was called to the bar at Melbourne in 1867. He is a member of the Legislative Assembly, and has already been in office as AttorneyGeneral.

Mr. Robert Rizon MARRETT, Attorney-General for Jersey, has been appointed Bailiff of the island.

Mr. WILLIAM WARREN STREETEN, barrister, has been appointed Chief Justice of the West African Settlements. Mr. Streeten was educated at Tunbridge School, and was called to the bar at Lincoln's-inn in Trinity Term, 1857. He formerly practised in the Court of Chancery, and he has been Queen's Advocate at Sierra Leone since 1874.

Mr. RICHARD TURNER TATHAM, solicitor (of the firm of Monckton, Son, & Tatham), of Maidstone, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature.

Mr. CHARLES DANIEL TYERMAN, solicitor, of 32, Fenchurch-street, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature.



LIMITED.-The M.R. has, by an order dated Feb 2, appoioted Frederick George Tyler, Broad st, Bristol, to be official liquidator. Creditors are required, on or before April 6, to send their names and addresses, and the particolars of their debts and claims, to the above. April 20, at 11, is appoiated for hearing and adjudicating

upon the debts and claims, CLITHEROE LIME COMPANY, HORROCKSFORD, LIMITED.-V.C. Bacon has, by an order_dated Feb 25, appointed Charles Lomas Tiplady, Tackett st, Blackburn, to be official liquidator. Creditors ara required, on or before April 12, to send their names and addresses, and the particulars of their debts and claims, to the above. April 30, at 12, is appointed for hearing and adjudicating upon the deb:s and claims, Crown COLLIERY COMPANY, LIMITED.-Creditors are required, on or

before April 7, to send their names and addresses, and the partica. lars of their debts and clnims, to John Earle Hodges, Abchurch lane. May 7, at 3, is appointed for hearing and aojudicating upon the

debts and claims. DOMINION OF CANADA PLUMBAGO COMPANY, LIMITED. -V.C. Malins has, by an order dated Feb 15, appointed Jobn Henry Tiliy, Queen Victoria st, to be official liquidator. Creditors are required, og before May 12, to send their names and addresses, and the particu. lars of Iheir debts or claims, to the above. May 25, at 12, is appoint.d

for hearing and adjudicating upou the debts and claims. INOXIDATION AND PLATINUM COATING OF METALS COMPANY, LIMITED.

- By an order made by the M.R., dated Feb. 26, it was ordered that the above company be wound up. --Bohm, Old Jewry, solicitor for the


-The M.R, bas, by an order dated Jan 15, appointed John Adamson,

Norfolk st, Manchester, to be official liquidator METROPOLITAN FINANCE AND INVESTMENT COMPANY, LIMITED.—Peti

tion for winding up presented Feb 28, directed to be heard before the M.R., on Mar 13. Petuiver, College st, College hill, solicitor for the petitioner WILLIAM RAMSEY, LIMITED.-V.C. Malins has fixed Tuesday, Mar 16,

at 12, at his chambers, as the time and place for the appointment of

an official liquidator WRECK RECOSRRY AND SALVAGE COMPANY, LIMITED.-V.C. Malins has, by an order dated Jan 30, appointed Alfred Audrey Broad, Walbrook, to be official liquidator. creditors are required, on or before Mar 31, to send their names and addresses and the particalars of their debis or claims to the above. Tuesday, Apr 20 at 12 is appointed for hearing and adjudicatiog upon the debts and claims


ITED.-Petition for winding up, presented Mar 6, directed to be heard before Hall, V.C., Mar. 19.-Pritchard, Englefeld & Co. Little Trinity-lane, agents for Costeker, Darwen, solicitor for the


LIMITED.-By an order made by Hall, V.C., dated Feb 27, it was ordered that the windiog up of the company be continned. Musgrave,

Queen Victoria-street, solicitor for the petitioner HUNGARIAN TRADING COMPANY, LIMITED.-Hall, V.C., has fixed

Mar 18, at 12, at his chambers, for the appointment of an official


ITED.-The M. R. has fixed Mar 19, at 12, at his chambers, for the

appointment of an official liquidator LONDON AND VIRGINIA GOLD AND COPPER MINING COMPANY, LIM

ITED.-By an order made by Bacon, V.C., dated Feb 28, it wai

ordered that the company be wound up Oak Pits COLLIERY COMPANY, LIMITED.-The M.R. has fixed Mar 18,

at 12, at his chambers, for the appointment of an official liquidator. LLANDRINDOD ESTATE AND BEILDING CUPANI, LIMITED.-By an

order made by V.C. Bacon, dated Feb 28, it was ordered that the company be wound up. Swann and Co, Chancery lane, solicitors for the petitioner.

(Gazette, Mar. 9.) STANNARIES OF DEVON. FRANK MILLS MINING COMPANY - By an order made by the ViceWarden, dated Mar 6, it was ordered that the company be wound up. Hodge & Co, Truro, agents for Daw & Sod, Exeter, and Gidley, Exeter, solicitors for the petitioner,

[Gazette, Mar. 9.)


Narwick, Feb 28.

SOCIETY, LIMITED, St Margaret's Schools, Churchgate, Leicester.
Feb 28

(Gazette, Mar. 5.) ANCIENT DRUIDS' FRIENDLY SOCIETY.- Free Library-buildings, Lit

erary Institute, Willenhall, Stafford, Mar 2 FARXDON AXICABLE SOCIETY.-Farndon Schools, Chester, Mar 4

(Gazette, Mar, 9.]


(both passed through Committee). INDIAN SALARIES
AND ALLOWANCES (passed through Committee).

PRIVATE BILLS.-Aston (Liverpool-street) Barial Ground,
Wednesfield and Wyrley Bank Railway (Abandonment),
Llantrissant and Taff Vale Janotion Railway.


MARCH 4.-BILLS READ A SECOND TIME. Law Student's Journal.

PRIVATE BILL. -Wrexbam Water.


PRIVATE BILLS.-Ackworth, Featherstone, Parston, and MANCHESTER LAW STUDENTS SOCIETY. Sbarleton Gag, Hinckley Local Board Gas, Malton Gas,

The tenth meeting of the session of this society was held Sutton Bridge Dook, Worcester and Aberystwith Junotion on Tuesday evening, at the Law Library, Cross-street Railway. Chambers, when the chair was taken by Mr. Edmund Sutton, INDIA STOCK (POWERS OF ATTORNEY). VALUATION (Me. barrister-at-law. The minutes of the last meeting having TROPOLIS) Act (1869) AMENDMENT. EAST INDIA LOAN been read by the hon. secretary (Mr. T. W. Millar), and

(EAST INDIA RAILWAY DEBENTURES). passed, the chairman called upon Mr. Hislop, in the absence

BILL IN COMMITTEE. of Mr. Sykes, to open the debate in favour of the affirmative. The subject for discussion was as follows:-“Should our

BLIND AND DEAF MUTE CHILDREN (passed through Comnational museums and picture galleries be open to the

mittee). public on Sandays ?" Mr. Hislop was followed by Messre.

BILL READ A FIRST TIME. A. Smith, Stocks, Attkins, and Millar. Mr. Abell spoke on BILL TO AMEND THE BURIAL Laws (Mr. Grantham). behalf of the negative view of the question, and was followed

MARCH 10.-BILLS READ A SECOND TIME. by Messrs. Rayner, Solly, Price, Norton, Butcher, Hodgkin

PRIVATE BILL.—Yeadon and Gaisley Gas. son, and O. Law. Mr. Hislop having replied, the chairman summed up, and the question having been put to tbe meeting,

CONSOLIDATED FUND (No. 1). SOUTH-WESTERN OP LONten voted for the affirmative and fourteen for the negative.

DON DISTRICT Post-OFFICE. A vote of thanks to the chairman, proposed by Mr. Attkins,

BILLS IN COMMITTEE. seconded by Mr. C. Law, brought the meeting to a close.

MUNICIPAL CORPORATIONS (passed through Committee).



(EAST INDIA RAILWAY DEBENTURES) (passed through The weekly meeting of this society was held at the Law Committee). COMMON LAW PROCEDURE AND JUDICATURE Iustitution, Chancery-lane, on Tuesday evening last, Mr. C. ACTS AMENDMENT (passed through Committee). E. Barry, in the chair. The subject appointed for the evening's debate was the following :“Should the county


BILL TO Remove Doubts AS TO THE LIABILITY OF MAfranchise be assimilated with the borough ?” — and was opened in the affirmative by Mr. T. W. Rateliff, LL.B.

CHINERY TO BE RATED TO THE RELIEF OF THE POOR AND Messrs. J. Chater, T. Bateman Napier, Ed. Bedford, and

OTHER LOCAL RATES (Mr. Birley). C. E. Barry spoke in the affirmative, and Messrs. W. H. BILL TO AMEND AND CONTINUE THE ACTS RELATING TO Hatton and A. E. Hemsley in the negative. The question



A meeting of the above society was held at Clement's-inn
Hall on the evening of Wednesday last, when Mr. W.

MIDDLESEX LAND REGISTRY. Shirley Shirley opened in the affirmative the subject for The followiog is Mr. Osborne Morgan's Bill:debate-viz., " That Lord Beaconsfield and his Government A Bill to improve the consititution and extend the district do not deserve the confidence of the country," and was of the Middlesex Land Registry, and to amend the law followed in the same line by Messrs. J. $. Leadam, relating to the registration and transfer of land in MidJ. S. Rabepst-in, and N. Synnot, whilst Messrs. C. Kains

dlesex and the Metropolis. Jackson and R. Gwynne Templer supported the Govern Be it enacted, &o. ment. The debate was remarkably well sustained, and at

Preliminary. a late hour Mr. Ashton Cross moved its adjournment until 1. Short Title.] This Act may be cited as the Middlesex the evening of Wednesday next, the 17th inst., and this on and Metropolis Land Registry Act, 1880. being put to the vote was carried. It is particularly re- 2. Commencement.] This Act shall come into operation quested that all members will attend on Wednesday next. on the first of January, one thousand eight hundred and

eighty-one, which date is in this Act referred to as the commencement of this Aot: Provided that any rules authorized to be made under this Act, and anything required to be done for the purpose of bringing this Aot into operation, may be made or done at any time after the passing of this Act.

3. Definitions.] In this ActHOUSE OF LORDS.

“ Registrar" means registrar of the registry continued MARCH 4.-BILLS READ A SECOND TIME.

and modified by this Act; and “registered" means SETTLED LAND. CONVEYANCING AND LAW OF PROPERTY.

registered under this Act. MARCH 8.-BILLS READ A SECOND TIME.

“ The Treasury" means “ The Commissioners of her


“Existing" means existing at the commencement of INDIAN SALARIES AND ALLOWANCES.


Registry. PRIVATE BILL.-Vestry of St. Luke, Middlesex.

4. District of Middlesex Registry to extend to the Metro

polis-18 & 19 Vict. c. 120.] The business of the MiddleMARCH 9.-BILL READ A SECOND TIME. sex Registry, that is to say, of the office for the registration ARTIZANS' DWELLINGS ACT AMENDMENT.

of instruments relating to land in Middlesex, shall extend

Legislation of the week.

to the registration of instruments relatiog to land situate divisions of the register, and a reference to the entry shall in any part of the district consisting of Middlesex and of be made in the other divisions. the metropolis, that is to say, the city of London and all 9. Index to be kept.] The registrar shall keep an index of parishes and places mentioned in Schedules A., B., and C. all instruments registered under this Act. The index shall to the Metropolis Management Act, 1855, and the office be so framed as to furnish references to places as well as to shall be called the Middlesex and Metropolis Land persons, and shall, as far as practicable, be based on the map Registry.

made under the survey commonly known as the Ordnance This district and office are in this Act referred to as “the Surrey, and shall, as far as practicable, be completed up to distriot” and “the registry.”

the latest date. 5. Staf of Registry.] (1) On the commencement of 10. Searches and certificates of search.] The registrar this Act the existing registrar of the Middlesex Registry shall, on a request in writing giving sufficient particulars, shall cease to hold that office, and the existing deputy cause a search to be made in respect of the registered dealings registrar shall become and be the registrar of the with any land in the district, and issue a certificate of the registry.

result of the search, and, if so requested, shall annex thereto (2) All subsequent registrars shall be appointed by the or issue therewith a copy of any map or plan made on Lord Chancellor.

or accompanying any registered instrument relating to the (3) The registrar appointed by this Act, and all sub land. sequent registrars, may be removed by the Lord Chan 11. Power to make general rules.] The Lord Chancellor cellor for reasons to be assigned in the order of removal. may from time to time, with the concurrence of the Treasury

(4) The registrar shall have such clerks, offices, and as to fees, make, revoke, and alter general rules with respect servants as the Lord Chancellor, with the concorrence of

tothe Treastry, from time to time directs. They may be ap (1) The mode of conducting the business of the registry. pointed and removed by the registrar.

(2) The hours of attendance at the registry. (5) The registrar shall perform bis duties in person.

(3) The hours during which instruments may be regis(6) The registrar and his clerks, officers, and servants

tered, and searches may be made. shall receive such salaries or remuneration as the Treasury

(4) The forms to be used under this Act. from time to time direct.

(5) The transmission by post of applications for registra(7) The salaries and remuneration of the registrar and

tions and for search, and of certificates of registration his olerks, officers, and servants, and such incidental

and of search. expenses of carryiog this Act into effect as may be sanc

(6) The fees to be payable under this Act. tioned by the Treasury, shall be paid out of money pro

(7) The performance and exercise of the registrar's daties vided by Parliament.

and powers during his illness, absence, or incapacity 6. Obligation to register, and effect of non-registration

to act, or during any vacancy in his office. 37 & 38 Vict. c. 78, s. 8.] (1) There shall be registered in

(8) Any other matter or thing, whether similar or not to the registry every deed, will, and other instrument relating

those above mentioned, in respect to which it may be to land sitgate in the district.

expedient to make rules for the purpose of carrying (2) Every instrument required to be so registered shall,

this Act into execution. unless so registered, be void against any subsequent pur

12. Fees—42 8 43 Vict. c. 58.] (1) There shall be paid chaser or incombrancer for valuable consideration,

in respect of the registration of instruments under this Act

, whether with or without notice.

and of the several matters required or authorized to be done (3) Provided as follows :

under this Act, such fees as may be prescribed by general (a) This section shall not apply to land of copyhold

rules made under this Act. tenure, and shall not make obligatory the registra

(2) The Public Offices Fees Act, 1879, shall apply to fees tion of a lease at a rack rent, or of a lease for a

payable under this Act. term not exceeding twenty-one years where pos

(3) There shall be paid to the existing registrar of the session and occupation go with the lease, or of an

Middlesex Registry, out of the fees payable under this Act, assignment or disposition of a lease of either of

an annual sum equal to the moiety of the average net those kinds; but nothing in this proviso shall

amount raised by him yearly as such registrar during the ten prevent or invalidate the registration of any such

years immediately preceding the first of January, one thoulease, assignment, or disposition.

sand eight hundred and eighty. (b) If the will of a testator devising land is not regis

13. Power to administer oaths.] The registrar, and any tered within six months after his death, or in

clerk of the registrar authorized by the registrar in writing, the case of a testator dying out of the United

may, for any of the purposes of this Act, administer an oath Kingdom, within twelve months after his death,

and take a voluntary declaration. an assurance of the land to a purchaser or incum.

14. Evidence.] A certificate parporting to be signed by brancer by the devisee or by some one deriving

the registrar or by a clerk to the registrar shall be primâ facie title under bim shall, if registered before, take

evidence of its contents. precedence of and prevail over any assurance from

15. Obligation to register judgments abolished.] It shall the testator's beir-at-law.

not be necessary to register any judgment in the registry. 7. Mode of registration.] The mode of registering an

16. Penalty on unlawful publication of information derived instrument under this Act shall be as follows:

from registry.]. If any person, without sufficient excuse, (1) The instrument to be registered shall be produced at

proof whereof shall lie on him, publishes any information the registry.

derived from the registry, he 'shall, for each offence, be (2) The registrar shall enter or cause to be entered in the

liable on summary conviction to a fine not exceeding fifty register the contents either of the instrument

pounds. itself, or, at the option of the person applying

Registered Charges. for registration, a memorandum of its principal con 17. Registered charges on land.] Any person entitled to tents.

or interested in land within the district may, by virtue of (3) There shall be indorsed on the instrument a certificate this Act, charge the land to the extent of his interest therein

signed by the registrar, specifying the day, hour, and with the payment at the stipulated time of any principal sam minute at which the instrument was registered, and re of money, either with or without interest. ferring to the page or part of the register in which the 18. Schedule forms to be applicable and to be used.] The entry relating thereto was made.

registrar shall not register any instrument securing on (4) The several instruments produced for registration land within the district ang money advanced or to be ad

shall be registered in the order in which they are so vanced by way of loan, or any instrument transferring any produced.

such security,

unless the instrument is in the form given in 8. Sub-districts to be formed with separate divisions of the first schedule to this Act, or in a form as near thereto as register for each.] (1) The registrar shall divide the district the circumstances of the case admit, or the registrar is into sub-districts and keep a separate division of the register satisfied that the form in the schedule to this Act is inapplifor each sub-district.

cable to the circumstances of the case. (2.) Where an instrument relates to land situate in more than one sub-district it shall be entered in one only of the registrar from registering any instrument made in a form

Provided that nothing in this section shall prevent the

day of

prescribed or authorized by any statute in force for the time twenty-sixth years of the reign of her present Majesty, being

chapter fifty-three, " to facilitate the proof of title to, and 19. Implied covenant to pay charges.] Where a charge is the conveyance of real estate," or of section one hundred and created, by virtue of this Act, on any land there shall be twenty-seven of the Land Transfer Act, 1875, and no docuimplied on the part of the person creating the charge (in ment relating to land registered under either of those Acts this Act called the proprietor of the land) his heirs, shall be required to be registered under this Act. execators, and administrators, unless there is anything in 26. Repeal of enactments in schedule.] The enactments the instrument of charge negativing the implication, a enumerated in the second schedule to this Act are hereby covenant with the person for the time being entitled to the repealed to the extent in that schedule mentioned. benefit of the charge (in this Act called the proprietor of

Provided that this repeal shall not affect any right the charge) to pay the principal sum charged and iuterest, acquired, liability incurred, obligation imposed, or thing if any, thereon at the stipulated time and rate, and a done by or under any enactment so repealed, or alter the covenant, if the principal snm or any part thereof is unpaid effect of the registration or non-registration of any document at the stipulated time, to pay interest at the stipulated rate under any such enactment. at half-yearly or at such other intervals as may be stipulated, on so much of the principal sum as for the

FIRST SCHEDULE. time being remains unpaid.

FORMS. 20. Implied covenant in case of leaseholds to pay rent,

1. Form of Charge. $c., and indemnify proprietor of charge.] Where a charge is created, by virtue of this Act, on land held under a lease,

I, A.B., of (name, address, and description), in considerathere shall be implied on the part of the proprietor of the tion of the sum of £ paid to me by C.D., of (name, land, his heirs, executors, and administrators, unless there address, and description), charge the land specified in the is anything in the instrument of charge negativing the

schedule hereto with the payment to him, his executors, implication, a covenant with the proprietor of the charge administrators, or assigns, on the that the proprietor of the land, his executors, administra

of that sum with interest at the rate of per centum per tors, and assigns will pay, perform, and observe the rent,

annum, computed from this date (or other the date stipucovenants, and conditions by and in the lease reserved and lated). * The statutory powers of sale, insurance, and contained, and, on the part of the lessee, to be paid, per

appointment of a receiver may be exercised at any time after formed, and observed, and will keep the proprietor of the default has been made for six months in payment of the charge, his heirs, executors, and administrators indemni- said principal sum, or for three months after that time, in fied against all actions, suits, expenses, and claims payment of any interest thereon, and the power of sale may on account of the non-payment of the rent, or any part

be exercised after three months' notice. thereof, or the breach of the covenants or conditions, or any

Dated the
day of

18 of them.

(Signature.) (Seal.) 21. Entry by proprietor of charge.] Subject to any stipulation to the contrary in the instrument of charge,

SCHEDULE. the proprietor of a charge created by virtue of this

2. Form of Transfer of Charge. Act may, for the purpose of obtaining satisfaction of

I, A. B., of

in consideration of the sum of any money due to him under the charge, at any time during the continuance of the charge, enter on the land charged, transfer to him, his executors, administrators, and assigas,

paid to me by C. D., of

hereby or any part thereof, or into the receipt of the rents and pro

a charge dated the fits thereof, subject, nevertheless, to the right of any persons E. F., of

day of

and created by appearing by the register to be prior incumbrancers, and to

on the land specified in the schedulo hereto for securing the sum of

and interest the liability attached to a mortgagee in possession.

thereon, at

per centum per annum [or, if the 22. Foreclosure by proprietor of charge.] Subject to any transfer is by indorsement on the instrument of charge, stipulation to the contrary in the instrument of charge the insert, instead of the words immediately following the word proprietor of a charge created by virtue of this Act may en “assigns," the within security), and all my right, estate, force a foreclosure or sale of the land charged, in the same and interest in, and to the money thereby secured, and in manner and under the same circumstances in and under and to the land thereby charged. which he might enforce the same if the land had been trans

Dated the

18 ferred to him by way of mortgage, sabject to a proviso for


(Seal.) redemption on payment of the money named at the specified time.

SCHEDULE (if any.)
23. Application to charges of Trustees and Mortgagees Act, 3. Form of Receipt on satisfaction of charge.
23 & 24 Vict. c. 145.] Subject to any stipulation to the con-
trary in the instrument of charge, Part II. of the Act of

I, A.B.,

being the proprietor of the within the session held in the twenty-third and twenty-fourth years

charge, hereby acknowledge the receipt of the sum of £ of her Majesty, chapter one hundred and forty-five,“ to

being the total sum now due thereunder. give to trustees, morigagees, and others, certain powers now

Dated the
day of

18. commonly inserted in settlements, mortgages, and wills,”

SECOND SCHEDULE. sball apply to every charge created by virtue of this Act. The instrument of charge may modify the time within

ENACTMENTS REPEALED. which the power of sale and other powers conferred by sec 7 Anne, c. 20. An Act for the publick registry of deeds, tion eleven of that Act may be exercised, and the time and

conveyances, and wills and other incum. mode of giving the notice required under section thirteen of

brances, which shall be made of or that the Act; in that case the Act shall apply subject to any

may affect any houses, lands, tenements, modification so made.

or hereditaments within the county of 24. Satisfaction of charge.] (1) On the satisfaction of all

Middlesex after the twenty-pinth day of money secured by a charge created by virtue of this Act the

September one tl.vusand seven hundred charge shall cease.

and nine. (2) A receipt for the money so secured, indorsed on the 25 Geo. 2. c. An Act for appointing the deputy or secondary instrument of charge, and signed by a person describing him

of the chief clerk to inrol pleas in the self as the proprietor of the charge, shall be primâ facie evi

King's Bench, called the master of the dence that the charge is satisfied.

King's Bench Office, one of the registrars (3) On the production to the registrar of such a receipt, or

or masters for the inrolment of deeds, of other sufficient evidence, he shall make an entry in the

wills, and other conveyances in the county register that the charge is satisfied.

of Middlesex, in the place and stead of

such chief clerk. Savings and Repeal,

5 & 6 Vict, c.

for abolishing certain offices of the 25. Exemption of land registered under Acts of 1862 and

103, in part. High Court of Chancery in England : in 1875 continued.--38 | 39 Vict. c. 87.] Nothing in this Act

part ; namely-section thirty-four. shall affect the operation of section one hundred and four cf the Act passed in the session held in the twenty-fifth and * If it is desired to modify 23 & 24 Vict. c. 145, add.

day of


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