.

Revitt, Joseph, Flask walk, Hampstead, Butcher. July 19 at 3 at Coleman, Joseph, Cassland rd, South Hackney, Florist. July 26 at offices of Niles, King Edward St, Newgate st

3 at 40, Southampton bldgs, Holborn. Cooper, Chancery lane Roberts, George Hepworth, Wakefield, Corn Factor. July 21 at 11.30 Collinge, Joseph, Newcastle-under-Lyme, Engine Tenter. July 23 at offices of Fernandez, Cross sq, Wakefield

at 11.30 at offices of Tennant and Co, Cheapside, Hanley Roberts, James, Silsoe, Bedford, Cattle Dealer. July 21 at 11 at Cook, John, and William Cook, York, Builders. July 28 at 12 at George Hotel, Bedford. Jessop, Bedford

offices of Wilkinson, St Helen's sq, York Roberts, William Griffith, Llandwrog, Carnarvon, Quarryman. Cooper, James, Ascott-under-Wychwood, Oxford, Farmer. Aug 4

July 23 at 3 at offices of Jones and Roberts, Church st, Carnarvon at 10.15 at offices of Rawlinson, Chipping Norton
Robins n, William Thomas, and George Robinson, Leeds, Woollen Coulbeck, Charles, Gt Grimsby, Grocer. July 20 at 11 at offices of

Manufacturers. July 21 at 11 at offices of Cousins, Bank cham. Stephenson and Mountain, Bethlehem st, Gt Grimsby
bers, Park row, Leeds

Dalrymple, John David, Leicester, Licensed Victualler. July 26 at Sanderson, Alfred, Gt Grimsby, Lincoln, Builder. July 21 at 11 at 3 at the George Hotel, Haymarket, Leicester. Briggs, Derby

offices of Stephenson and Mountain, Bethlehem st, Gt Grimsby Drake, Francis, and Francis Richard Drake, Bradmore Lodge Estate, Saunders, Thomas, Cheyne walk, Chelsea, Chemist. July 23 at 4 at Hammersmith, Builders. July 26 at 2 at offices of Kemp and offices of Mason, Maddox st, Regent st

Co, Walbrook. Brandon, Essex st, Strand Scott, Samuel, Ardwick, Lancaster, Manager. July 26 at 11 at Dresser, Mary, Cornborough, Sheriff Hutton, York. July 26 at 12 King's Arms Hotel, Spring gardens, Manchester

at offices of Jones, Coney st, York Sewell, James, Broad st, Ratcliff, Oil Merchant. July 27 at 2 at Durk, William, Swansea, Licensed Victualler. July 26 at 11 at offices of Hicks, London ter, Richmond rd, Hackney

offices of Morgan, Wind st, Swansea Sharwood, Agnes, Lee, Kent, Proprietress of a Boarding School. Dyer, John, St Austell, Cornwall, Coal Merchant. July 27 at 2 at July 22 at 3 at Duke's Hotel, Fleet st. Easton. Clifford's inn

offices of Carlyon and Stephens, Cross lane, St Austell Sheldon, William, Irchester, Northampton, Coal Merchant. July Dyson, Morton, Huddersfield, Farm Labourer. July 31 at 2 at offices

22 at 11 at Hind Hotel, Wellingborough. Sharman and Jackson, of Freeman, Market walk, Huddersfield Wellingborough

Edgson, George, Ivinghoe, Buckingham, Blacksmith. July 21 at Shipway, George Robert, Crosby hall chambers, Tea Dealer. July 11.30 at offices of Bullock and Penny, Berkhampstead

26 at 12 at offices of Philpott, Guildhall chambers. Basinghall st Farrant, Edward, Oxford, Hosier. July 29 at 2 at offices of Pratt Shorney, Harry Walter, Weston-super-Mare, Somerset, Builder. and Co, Old Jewry chambers. Sturt, Ironmonger lane

July 19 at 11 at offices of Bakers and Co, Weston-super-Mare Fenn, John, Hemel Hempstead, Hertford, Corn Dealer. July 21 at Smith, James, Leicester, Tea Merchant. 'July 26 at 3 at offices of 3 at Swan Hotel, Hemel Hempstead. Annesley, St Albans Buckby, Millstone lane, Leicester

Finzel, Philip, High st, Battersea, Baker. July 30 at 3 at offices of Steadman, George, Aston-juxta-Birmingham, Picture Dealer. July Jenkins, Tavistock st, Covent garden 21 at 11 at offices of Parr, Colmore row, Birmingham

Flear, Henry, Somercotes, Derby, Joiner. July 27 at 12 at Black Sturdy, Robert, Formby, Lancaster, Boot Maker. July 30 at 3 at Horse Inn, Somercotes

offices of Banner and Lawson, Union ct, Liverpool, Cleaver and Ford, Isaac, Blackpool, Lancaster, Restaurant Keeper. July 27 at 3 Holden, Liverpool

at offices of May and Parry, Clifton chambers, Townhall st, Swann, Henry, Nottingham, Fruiterer, July 22 at 3 at offices of Blackpool Cockayne, Fletcher gate, Nottingham

Foster, John, Swinstead, Lincoln, Shoemaker. July 23 at 11 at Threlfali, Samuel, Barnsley, York, Boot Maker. July 24 at 11 at Boat and Railway Inn, Stamford. Deacon and Wilkins, Peteroffices of Dibb and Co, Regent st, Barnsley

borough Ticehurst, William Henry, and Walter Grainger, Brighton, Shop Fox, William, Nottingham, out of business. July 27 at 3 at offices

Fitters. July 21 at 3 at offices of Goodman, North st, Brighton of Belk, Middle pavement, Nottingham Townsend, George, Studley, Wilts, Market Gardener.'July 22 at 3 Fuge, Edward, Newcastle-under-Lyme, Grocer. July 28 at 11 at at offices of Boodle, Albion buildings, New Swindon

offices of Leech, Ironmarket, Newcastle-under-Lyme. James, Tranter, Thomas, jun, Derby, Smallware Dealer. July 29 at 12 at Newcastle-under-Lyme the York Hotel, Midland rd, Derby. Potter, Derby

Geves, Edwin, Sheffield, Glass Dealer. July 23 at 11 at offices of Turner, William, Bradford, York, Draper. July 21 at 3 at offices Webster and Styring, Hartshead, Sheffield

of the Creditors' Association, Parkinson chambers, Market st, Gillespie, James, Sunderland, Durham, Draper. July 26 at 11 at Bradford

offices of Lawson, Villiers st, Sunderland. Robinson, Sunderland Tyler, Ebenezer, jun, Chelmsford, Essex, Cabinet Maker. July 26 Gothard, Lorenzo, Chesterfield, Derby, Plumber. July 23 at 3 at

at 3 at the Auction Mart, Tokenhouse yard. Duffield and Bruty, Scarsdale Hotel, Chesterfield. Swaffield, Chesterfield Chelmsford

Grant, Eugene, Tunstall, Stafford, Tailor. July 28 at 2.30 at offices Upton, James, New Swindon, Wilts, Fishmonger. July 22 at 10 at of Sword, Cheapside, Hanley offices of Boodle, Albion chambers, New Swindon

Green, John, Uckfleld, Snssex, Auctioneer. July 20 at 12 at Bear Wallwork, William, Walkden, Lancaster, Grocer. July 28 at 12 at Hotel, Cliffe, Lewis. Hillman, Lewes offices of Bates and Jellicorse, Market st, Manchester

Grobecker, Henry William Oscar, Walbrook, Morggate Broker. July Ware, George, High st, Stratford, Boot Manufacturer. July 22 at 2 27 at 2 at offices of Harvey, Basinghall 'st. Grain and Yazer, at offices of Harcourt, Moorgate st

Castle st, Holborn West, Septimus, Irthlingborough, Northampton, Common Brewer. Gruben, Ernest Carl von, and Thomas Litton Johnson, Liverpool,

July 23 at 1 at the Townhall, Higham Ferrers. Simpson, Higham Wine and spirit Merchants. July 29 at 11 at offices of Snowbali Ferrers

and Co, Dale st, Liverpool Whiteley, John, Leeds, Engine Smith, July 22 at 3 at offices of Hands, William, Cheltenham, Chemist. July 23 at 10 at offices of Ferns, Bank st, Leeds

Smith, Regent st, Cheltenbam
Wightman, Joseph, Belford, Northumberland, Cattle Salesman. Hargan, David Amner, Greenwich, Kent, Watch Maker. July 30 at

July 29 at 2 at offices of Keenlyside and Co, Grainger st West, 12 at offices of Davis, Moorgate st
Newcastle-upon-Tyne

Harrison, Luke Siddon, Hulme, Manchester, Plumber. Aug 5 at 3 Williamson, Alfred, North Shields, Draper. July 23 at 12 at offices at offices of Eltoft, King st, Mancdester of Whiteborn, Camden st, North Shields

Hayes, Thomas, Bury, Lancaster, Fish Dealer. July 26 at 3 at offices Wilson, William, Dartford, Kent, Grocer. July 26 at 3 at oflices of of Williams, Barton Arcade, Manchester. Grundy and Co, Bury Banks, Coleman st

Hellier, John, Sparkbrook, nr Birmingham, Baker, July 22 at 3 at Wood, John, and William Percival, Ardwick, Manchester, Manu. offices of Fallows, Cherry st, Birmingham

facturers. July 27 at 3 at offices of Addleshaw and Warburton, Hepworth, Henry, Hunslet, Leeds, Grocer. July 23 at 3 at offices of Norfolk, st Manchester)

Brooke, Bond st, Leeds Yeo, Philip, Roath, Cardiff, Tailor. July 27 at 11.30 at offices of Hinton, Henry, Monkton Combe, Somerset, Carpenter. July 22 at Morgan and Scott, High st, Cardiff

11 at offices of Bartrum and Bartlett, Northumberland buildings,

Bath.
TUESDAY, July 13, 1880-

Howard, Robert, Rochdale, Lancashire, Licensed Victualler. July Adams, Thomas, Ocle Pritchard, Hereford, Shoe Maker. July 29 30 at 3 at offices of Cockcroft, Wellington chambers, Drake st,

at 11 at offices of James and Bodenham, Saint Peter st, Here. Rochdale ford

Hughes, David, Aberdare, Glamorgan, Provision Merchant. July Allen, James, High Wycombe, Buckingham, Corn Dealer. July 29 28 at 12 at offices of Phillips, Canon st, Aberdare at 3 at offices of Reynolds, High st, High Wycombe

Ingle, John, Chesterfield, Derby, Grocer. July 23 at 10.30 at offices Amer, Richard Suitt, Doynton, Gloucester, out of business. July 22 of Jones and Middleton, Gluman gate, Chesterfield

at 11 at offices of Triggs, Broad st, Bristol. Meade-King and Bigg, Kynaston, Samuel, Birmingham, Tailor. July 23 at 12 at offices of Bristol

Hodgson and Haigh, Waterloo st, Birmingham Amess, John, Bristol, ont of business. July 26 at 12 at offices of Eock. Lacroix, Edward, Brighton, Sussex, Fruiterer. July 28 at 12 at the enham, Albion chambers, Broad st, Bristol

Guildhall Tavern, Gresham st. Lamb and Evett, Brighton Bailey, Sam, Leeds, Grocer. July 26 at 11 at offices of Dresser, Peases | Large, Francis Thomas, Queen Victoria st, Accountant. July 22 at bldngs, South parade, Leeds

11 at offices of Mackreth, Dashwood House, New Broad st Baker, John Allen, Exeter, Clothier. July 26 at 10 at offices of South- Laycock, Joseph, and James Edward Laycock, Manchester, Tea cott, Post Office st, Bedford circus, Exeter

Merchants. July 29 at 11 at offices of Prichard and Co, Painters' Besly, Henry, High st, Brentford, Wine and Spirit Merchant. Hall, Little Trinity lane. Mann, Manchester Aug 3 at 3 at 3, Mark lane. Sorrell and Son, Gt Towar st

Leece, Alfred Hall, Huddersfield, Mungo Dealer. July 30 at 3 at Blower, Richard, jun, Leftwich, Chester, Waterman. July 28 at 10.30 offices of Ainley and Hall, New st, Huddersfield at the Angel Hotel, Northwich. Cooke, Winsford

Lefevre, John Herbert, Southampton, Hotel Keeper. July 26 at 12 Bolsover, Mark, Apperknowle, Derby, Joiner, July 31 at 3 at offices at the Guildhall Tavern, Gresham st. Watts, Southampton Black, Church lane, Chesterfield

Marks, William, and Frederick Turner, Cheltenham, Builders. Brittin, George Frederick, and Harry Edward Brittin, Wootton July 28 at 3 at offices of Stroud, Clarence parade, Cheltenham

Bassett, Wilts, Brewers. July 27 at 12 at the Grand Hotel, Broad Martin, William, Birkenhead, Greengrocer. July 27 at at 3 ofñces of st, Bristol. Mullings and Co, Wootton Bassett

Mawson, Hamilton square, Birkenhead. Thompson, Birkenhead Brookes, Isaac, Birmingham, Plumber. July 26 at 12 at the Massingale,

George William,

Nottingham, Baker. August 3 at 12 Great Western Hotel, Monmouth st, Birmingham. Jelf, Birming. at Brougham chambers, Wheeler gate, Nottingham. Fraser, ham

Nottingham Burgess, Sarah, Bradford-on-Avon, Wilts, Baker. July 27 at 12 at Mawson George, and Thomas Mawson, jun., Lancaster, Masons. offices of Beavan, St Margaret st, Bradford-on-Avon

July 26 at 11 at offices of Holden and Whelon, Church st, LancasButtifant, Archibald George, Brentwood, Essex, of no occupation. ter

Jul at 11 he Saracens' Head Hotel, Chelmsford. "Fitch, Mawson, John, Bradford, York, Manufacturing Confectioner. July Bedford row

24 at 11 at offices of Last and Betts, Bond st, Bradford Cattell, James, Eaton Socon, Bedford, Grocer. July 28.at 4 at offices Milnes, Ben, Honley, near Huddersfield, Book-keeper. July 27 at of Wilkinson and Co, St Neots

3 at offices of Berry, Market place, Huddersfield

the waish Arms Inn, Llandewy Ysiradenny: Stephens, Presteim SCHWEITZER'S COCOATINA,

Morgans, Thomas, Pentwyn, Radnor, Farmer. August 2 at 10.30 at
Mullen, Thomas, Hanley, Stafford, Plumber. July 30 at 3 at the

Anti-Dyspeptic Cocoa or Chocolate Powder.
Bank chambers, Hanley. Bishop and Topham
Murdoch, Walter Stewart, and James Arthur Allison, Great Marl. Guaranteed Pure Soluble Cocoa of the Finest Quality, with the
borough st, Pianoforte Manufacturers. August 4 at 3 at offices of

excess of fat extracted. Andrews and Mason, Ironmonger lane, Chorley and Co, Moor The Faculty pronounce it “the most nutritious, perfectly digestible gate st, City

beverage for Breakfast, Luncheon, or Supper, and invaluable for Mussared, James, Vauxhall Bridge rd, Baker, July 23 at 3 at offices

Invalids and Children." of Rae, Mincing lane

Highly commended by the entire Medical Press, Newsome, James Johnson, Westbromwich, Stafford, Draper, July

Bring without sugar, spice, or other admixture, it suits all palates, 26 at 11 at offices of Spencer, Bennett's hill, Birmingham

keeps better in all climates, and is four times the strength of cocoas

TRICKENED yet WBAKENED with starch, &o., and IN REALITY CHEAPER Orger, Henry, Regent st, Hosier. July 22 at 2 at Inns of Court

than such Mixtures. Hotel, High Holborn. Leslie, Conduit st

Made instantaneously with boiling water, a teaspoonful to a Break. Ormerod, John, Oldham, Lancaster, Painter. July 26 at 3 at offices fast Cup, coating less than a halfpenny. of Ascroft and Sons, Clegg st, Oldham

COCOATINA A LA VANILLE is the most delicate, digestible, cheapest Parker, Arthus, Nottingham, Fruiterer. July 27 at 12 at offices of Vanilla Chocolate, and may be taken when richer chocolate is proLees, Middle pavement, Nottingham

hibited. Penfold, William, Marden, Kent, Bricklayer. July 27 at 10 at offices In tin packets at 18. 60., 38., 58. 6d., &c., by Chemists and Grocers, of Stephenson, Dover pl, Church st, Maidstone

Charities on Special Terms by the Sole Proprietors, Pennycad, John William, Mile End rd, Lamp Manufacturer. July H. SCHWEITZER & CO., 10, Adam-street, London, W.C.

22 at 2 at offices of Cheatle and Bower, Featherstone buildings,

Holborn
Phillips, Francis, Cwmbach, Aberdare, Colliery Proprietor. July

MR. G. H. JONES,
23 at 12 at offices of Linton and Kenshole, Canon st, Aberdare
Pratt, William, Buxton rd, Poulterer. July 24 at 2 at offices of

SURGEON DENTIST, Armstrong, Chancery lane Pugh, Elizer, Liverpool, Cotton Broker. July 27 at 3 at offlces 57, GREAT RUSSELL-STREET, LONDON

of Harmood and Co, North John st, Liverpool Read, Mary, John st, Edgware rd, Grocer. Aug 4 at 2 at offices of

(Opposite the British Museum), Foster, Brunswick st, Bloomsbury

Will be glad to orward his Pamphlet on Painless Dentistry, fres Reader, George, White Lion st, Spitalfields, Potato Salesman. July 27 at 3 at offices of Pearce and Sons, Giltspur st

enclosnd by post, which explains the most unique system of the adjus Reed, William, Britonferry, Glamorgan, Bootmaker. July 23 at 11 ment of ARTIFICIAL TEETH without pain.

offices of Davies, Alma pl, Neath Richards, John William, Ferndale, Glamorgan, Grocer. July 29 at

CONSULTATION FREE FROM 10 TO 5. 12 at offices of Tribe and Co, Crockherbtown, Cardiff. Morgan, Pontypridd

EDE AND SON Richardson, Mary, Chorlton-upon-Medlock, Manchester, Lodging house Keeper. July 26 at 3 at offices of Jones, Kennedy st, Man. chester

R O B E

MAKERS Robins, John Rawle, Shrewsbury, Builder, July 24 at 3 at offices of Palin and Co, Dogpole, Shrewsbury

BY SPECIAL APPOINTMENT, Rothery, Crispin, Dewsbury, York, Boot and Shoe Maker. July 28 To Hrs Lajesty, the Lord Chancellor, the Whole of the Judicial Bench at 3 at offices of Shaw, Bond st, Dewsbury

Corporation of London, &c. Schmitt, William, Upper Marsh, Lambeth, Baker. Aug 3 at 2 at offices of Makinson and Carpenter, Devereux buildings, Temple

SOLICITORS' AND REGISTRARS' GOWNS. Seymour, William Henry, Wandsworth-road, Tailor, July 29 at 11

BARRISTERS' AND QUEEN'S COUNSEL'S DITTO. at 1, Mitre court, Temple. Morris Shepherd, Thomas, Facet, near Rochdale, Greengrocer. July 26 at CORPORATION ROBES UNIVERSITY & CLERGY GOWNS, SE 3.30 at offices of Wiles, Acker st chambers, Acker st, Rochdale

ESTABLISHED 1689.
Sherwood, Thomas, Sunderland, Durham, Glass Manufacturer.
July 20 at 12 at offices of Wright, John st, Sunderland

94. CHANCERY LANE. LONDON. Simon, Richard, Charles Grantley Beechey, and Thomas Parr

Severn, Nottingham, Engineers. July 27 at 2.15 at Assembly
Rooms, Low pavement, Nottingham. Dowson and Wright, Not-

- an

near London, and ready for immediate Building Operations, is tingham Slater, Walter, St James' rd, Holloway, Watchmaker. July 30 at 3

prepared to receive from Solicitors of standing proposals to finales at offices of Wolferstan and Co, Ironmonger lane

Builders on mutually equitable terms.- Address, R., care of Mr. Smart, Charles, Newport, Salop, Grocer. July 24 at 4 at Crow Inn,

Boot, 7, Mark-lane, E.C.
Newport. Pearson, Market Drayton
Smith, Joseph, North Keyme, Lincoln, Farmer. July 27 at 11 at

AW.-JUNIOR CLERKSHIF in a Country offices of Steel and Jessop, Sleaford

Solicitor's Office is desired by a gentleman, highly educated, Smith, William, Birmingham, Coach Painter. July 26 at 3 at offices good correspondent, and speaking French fluently. Nearly seveil. of Buller and Bickley, Bennet's hill, Birmingham

teen years established clerk in Legacy and Succession Duty Stevens, Frederick Hobson, The Pavement, Clapham Common, Department, Somerset House, and experienced in abstracting for

Provision Merchant. July 29 at 3 at offices of Armstrong and the purposes of Revenue, Wills, Marriage Settlements, Deeds Lamb, Old Jewry

Creating and Barring Estates Tail, &c. Won appointment in con Summers, William Henry, Duke st, Little Britain, Gold Beater. petitive examination. Retired with pension. Age 38. Married. July 28 at 3 at offices of Hayward, King st, Guildhall

First-class references as to character, ability, and integrity. Very Taylor, James, jun, Old lane, Bloxwich. July 31 at 12 at officer of

moderate salary required. Advertiser will be in a position at a Baker, Bridge st, Walsall

future date to give five years' service in return for articles.-AdThickbroom, Joseph, Watford, Hertford, Printer. July 28 at 12 at

dress, WALTER WILLIAMS, Woodbine-villa, Luckwell-lane, Bed. offices of Wright, Walbrook

minster, Bristol, Thompson, John, Clayton-le-Dale, Lancaster, Farmer. July 26 at 2 at offices of Ainsworth and Co, Exchange st, Blackburn

A

CHANCERY BARRISTER, experienced in Tickell, John Antony, Stockton-on-Tees, Licensed Victualler. July Tuition, and who will be in London throughout the Long

26 at 11 at offices of Dodds and Co, Finkle st, Stockton-on-Tees Vacation, would be glad to Read in Chambers with gentlemen proTodd, William, West Hartlepool, Cattle Salesman, July 21 at 3 at paring for the (November) Final or other Legal Examination. --Ad. offices of Wilson, Church st, West Hartlepool

dress, Sigma, care of Messrs. Stevens & Sons, 119, Chancery-lane. Turner, Eugene, Stone, Stafford, Grocer. "July 27 at 2 at offices of

Holtham, Bank passage, Stafford
Ubsdell, George, Wyboston, Bedford, Farmer, July 29 at 4 at offices

SOLICITOR of Eminence and Position will
A

proceed to New York for a short period on 7th August. of Wilkinson and Co, St Neots

Business undertaken.-J. A. A., 23, Great Marlborough-street, W. Vacher, Maria, Harriett Vacher, Jane Vacher, and Emily Vacher,

Exeter, Milliners. July 24 at 12 at the Corn Exchange Hotel,
Market st, Exeter

VROUND RENTS.-Freehold. Amply Secured. Wallis, Matthew Henry, Corston, Malmesbury, Wilts, Innkeeper.

LA

GE

Solicitors' Journal.

.

720

720

732 733

THE EVENT OF THE WEEK, in a legal point of view, has been the reversal by the Court of Appeal of the doctrine of Sykes v. Beadon (27 W. R. 464), that “ trusts " formed for the purpose of obtaining subscrip

tions from the public, investing such subscriptions in LONDON, JULY 24, 1880.

certain stocks, applying the interest on the investments in payment of coupons, and ultimately dividing the stocks among the subscribers, are illegal under section 4

of the Companies Act, 1862. The Master of the Rolls CONTENTS.

in the last-mentioned case assumed that the “trust" CURRENT TOPICS :

was “a company, association, or partnership" within The Vacation Registrar ......

719 the words of the Act. “The only point,” he said, “I Notice as to Affidavits .......

719

have to consider is whether this association or company Legislative Results of the Session......

719 The Legality of “Trusts" ...

719

was formed for the purpose of gain, either by the assoNotice by Telegraph of Restraining Order

719 ciation or by the individual members thereof." And he Consolidation of Mortgages....

further assumed that the “trust " was formed "for the Compensation for Post Mortem on Wife.......... The Honours Examination of the Incorporated Law Soci

purpose of carrying on any business" within the Act. The Paymaster-General

720 The ground of these assumptions is to be found in his judgLEADERS: The Irish Land Act (18

ment in the case of Re The Arthur Average AssociaLiability of Tenant for Life for Permissive Waste........ 722 tion (23 W. R. 939), where he laid it down that the Act RECENT DECISIONS .......... GENERAL CORESPONDENCE .............

“broadly means this : all commercial undertakings shall LAW STUDENTS' JOURNAL ........

..... 724 be registered. That is the meaning of it as I understand NEW ORDERS, &c. ......

it. It distinguishes in so many words, and intends to CASES OF THE WEEK :Bishop, Ex parte.....

distinguish, between commercial undertakings on the Bayley, Ex parte .....

one hand, and what one may call literary or charitable Smith v. Anderson ....

........................ 726 Pannell v. Nunn

associations on the other hand." The Court of Appeal .................................. 727 Raines v. Raines ..... ........................... 727

take issue with the learned judge as to both these Attorney-General, The, v. The Borough of Birmingham...... assumptions. They deny that the trust is an “associaTonkinson v. Cartledge .....

..................... 727 Re Johnson, Shearman v. Robinson......

...... 728

tion"; for persons do not constitute an association Re Harris, Jacson v. Governors of Queen Anne's Bounty 728 when there are no mutual rights or obligations, merely

Duke v. Littleboy............................................ 728 SOCIETIES

because they have a common interest in a fund which .................................. 729 APPOINTMENTS .... ......................................... 732

732

is to be divided among them. They also deny that COMPANIES.....

.............. 732

the trust was for the purpose of carrying on any LEGISLATION OF THE WEEK .......... COURT PAPERS ........................

business. If there was any business at all it was to be LEGAL NEWS.............

733 carried on by the trustees, but the trustees no more LONDON GAZETTES, &

734

carried on business than do the trustees of a large

property under a marriage settlement or will, having CASES REPORTED IN THE WEEKLY REPORTER.

very extensive powers of changing investments. The Astley v. Micklethwaite (Ch.Div. V.C.M.)....

grounds taken by the Court of Appeal are precisely those Chandler v. Pocock (Ch.Div. M.R.)...

806 which, when discussing the legality of these trusts six Chesworth v. Hunt and another. Harrison, Claimant (C.P.Div). 815 Dawson v. Shepherd; Grier (third party) (App.)..................

years ago, long before any question had been raised, we

.. 805 McCollin v. Gilpin (Q.B.Div.)

813

stated as the reasons for contending that they did not “Neera,” The (Adm. Div.) ....................................

816 require registration under the Companies Act. But we Peacock, In re (Lunacy) ..... Queen, The, on the Prosecution of Hinton, Appellant: The

pointed out then what we still think constitutes a clear Swindon New Town Local Board, Respondents (App.) .. 804 distinction between the trust under & marriage settleRanby, Ex parte. In re Ranby (App.). ........

804

ment or will and these “trusts”-viz., that in the one Rayner y, Preston (Ch.Div. M.R.) .... ....

808 Rutherford, In re. Brown v. Rutherford (App.) .........

802

case the funds are placed in the hands of the trustees Slade v. Tucker (Ch.Diy. M.R.)....................

807 for safe custody only, and in the other “for the Symmons, Ex parte. In re Jordan (App.). ..........

803 Thompson, deceased, In re. Herring v. Barrow (App.) .. 802

acquisition of gain." Toombs, Appellant, y. Magrath, Respondent (Q.B.Div.)...

814 Union Bank of Kingston upon Hull, In re (Ch.Div. M.R.) ...... 808 West of England and South Wales District Bank, In re. Ex parte Booker (Ch, Div. V.C.M.)...

.......................... 809 FOR THE FIRST TIME, as far as we remember, a solicitor Witham y. Vane (Ch.Div. Fry, J.)

.............. 812

was last week punished by the Master of the Rolls for not acting upon a telegraphic notice of an ex parte order restraining & sale under a distress for rent. Telegrams

stating that the sale had been restrained were received CURRENT TOPICS.

two hours before the time of sale by the auctioneer and the solicitor acting for the landlady. The auctioneer

consulted the landlady and her solicitor, and, as they beTHE VACATION REGISTRAR for the first half of the Long lieved that the telegram was fictitious, he proceeded with Vacation will be Mr. Registrar Cobby.

the sale. The solicitor was ordered to pay the costs of the motion to commit for contempt, on the ground that

“it was his plain duty, if he had any doubt as to the WE ARE REQUESTED to call attention to the notice as to authenticity of the telegram, to have telegraphed to affidavits, which will be found in another column. Soli the plaintiff's solicitors and asked them whether it was citors will greatly assist the officials by paying attention genuine or not." The learned judge, in making this order, to the directions therein contained.

appears to have had in his mind the observations of Lord Justice James in Ex parte Langley (L. R. 13 Ch. D.

110), but he seems to have supposed that they applied A GOOD DEAL has been said of the small legislative only to the case of auctioneers and sheriffs' officers. results of the present session. It may be well to state | We are at a loss to understand why the remarks should be that up to Monday last, out of 151 public Bills which thus restricted. What the Lord Justice said was that, had been introduced in the House of Commons, 38 had “when parties who obtain an injunction wish to com. been passed, and of these 13 had received the Royal municate it by telegram, there is a very obvious mode assent. Thirty-three Bills had been dropped or with by which they can prevent difficulties. If the solicitor, drawn, and of the remaining Bills, over 30 were at or instead of telegraphing to the sheriff's officer, were to beyond the stage of committee.

telegraph to some solicitor as his agent at the place, and

....... 811

801

tell him to go and give notice of the order, then thel IT WILL BE SEEN from the list we print elsewhere, that person affected would have the responsibility of an there were seventy-five candidates at the last Honours officer of the court for what he was doing." Why | Examination of the Incorporated Law Society, and that should not a solicitor, who is to be served with notice of of these eighteen succeeded in obtaining a place in the an order, be entitled to the same responsibility ? It first class. Twenty candidates appear to have been should not be forgotten that the difficulty in these cases plucked. is usually occasioned by delay in applying for the re. straining order, and it seems to us that it would be just LORD JUSTICE COTTON announced last Saturday that it in all cases to throw upon the person obtaining it the

was intended to issue a General Order to enable the obligation of taking the precaution mentioned by the Paymaster-General to deal with the converted East Lord Justice.

Indian Railway Stock in the same way as the original
East Indian Railway Stock, without the necessity of any

application to the court.
THE RECENT CASE of Cummins v. Fletcher, (28 W. R.
772) removes a misapprehension as to the consolidation
of mortgages. The principle on which this doctrine
rests is, that he who seeks the assistance of equity must

THE IRISH LAND ACT (1870). himself do equity. The person whose right to redeem is

In the course of the discussions upon the Compensation purely equitable must act equitably to the mortgagee,

| for Disturbance Bill, a question of some importance, and not redeem one only of his securities leaving him with the chance of deficiency on the other.

respecting the nature and extent of the rights given to These

| the Irish tenantry by the Land Act of 1870, has been are the terms on which the court affords its assistance to

raised, and not, as we think, very satisfactorily anthe mortgagor who is compelled to ask it. But when a

swered. mortgagor has a legal right to redeem, there is no

It is hardly necessary to say that we have no intenground for imposing any conditions upon him. In other words, there is no rule of the courts of equity that,

tion of entering upon any discussion of the policy of the

Bill in question, or of the desirability of granting to any whenever two properties are subject to two mortgages to the same mortgagee, one shall not be redeemed

tenantry, Irish or other, proprietary rights in the soil without the other. In Cummins v. Fletcher the assign

they occupy; we are only concerned with the much of the mortgagor in a building society mortgage, the

narrower question, What are the rights now in fact payments on which had been punctually kept up, applied

enjoyed by occupying tenants in Ireland, and whence to the society to redeem the mortgage.

and how were those rights derived and conferred ? And

The society claimed that he must also redeem another mortgage to

for this purpose it is necessary at the outset to draw & them by the same mortgagor, on which default had

distinction, too often overlooked, between the Province

of Ulster and the rest of Ireland, a distinction a dae been made. The Court of Appeal decided against this claim. “It seems to me," said Lord Justice James,

regard to which would have saved Mr. Sullivan from the “ that when a man has a legal right in one property-the

ludicrous error into which he was betrayed on the last 1871 mortgage in this case—he has no occasion what

night of the debates in committee. For the tenantry of

Ulster, or the greater part of them, have unquestionably ever, and never will have any occasion, to come into a court of equity.

rights in the soil which are essentially rights of propThe fact of these two properties being subject to two mortgages gives the court of equity no

erty; rights which have been pnrchased with hard cash, more power than it has to take any other property

if not by the tenants themselves, at any rate by their belonging to him for the purpose of satisfying the debt

predecessors in title, and this always with the conniv.

ance, generally with the active co-operation, of the landfor which there was insufficient security.” It is to be observed that in the infancy of the doctrine of consoli

lord or his agent; and the existence of such rights has dation, when it was supposed to relate only to legal

never, in this century at least, been denied in Ulster, mortgages, Sir William Grant, in Jones v. Smith (2 Ves.

though much difference of opinion has existed, and still jun. 376), seems to have expressly confined its opera

exists, as to their extent, and the limits and conditions tion to cases where both estates are within the domain

to wbich they are subject. As the rights themselves are of equity by saying that, “if two separate estates are

essentially customary, it naturally follows that they are

subject to considerable variation, the custom on one mortgaged, by which I understand the legal estate absolutely and at law irredeemably conveyed, this court

estate seldom accurately agreeing with that on any other, will not interpose in favour of the redemption of one

and even the different holdings on the same property without the redemption of both."

being not unfrequently subject to different customs, according to the origin of the tenancy, or the devolution of the landlord's interest. All the varieties, however,

present the same general features—viz., a right in the IT IS STATED that a house surgeon at the Gloucester tenant, when giving up his holding, whether voluntarily Infirmary has been unsuccessfully sued by a labourer or otherwise, to offer “the goodwill ” for sale, under for damages for a post-mortem examination of his conditions, more or less stringent, as to the character of wife, made without his knowledge or consent. The the purchaser and the terms of his acceptance by the plaintiff admitted that he had not suffered any pecu landlord ; and a right in the landlord to fis, within cer. niary loss, but alleged that “the examination had tain more or less elastic limits, the terms upon which hurt his feelings," and that portions of the body the incoming tenant should be permitted to hold. This had been taken away, an allegation which was denied. right was not conferred on the tenant by the Land Act, It is worth noticing that a very similar case arose it has existed and been recognized for gener some years ago before one of the superior courts of at least until after the operation of the Incumbered Cincinnati. The surgeon there contended that there | Estates Court had introduced a number of landowners, was no property in a dead human body, and there “ who knew not Joseph” into the province, it was never could, therefore, be no legal remedy for an injury to a questioned in an ordinary case, though its applicability corpse. But the court held that, although at common in certain circumstances was ofte

in certain circumstances was often hotly contested-2.g. Taw there could be no property in a corpse, yet the law | on some estates it was never recognized when the tenant gave to the husband the custody of the wife's corpse for had a lease, however short, the contention being that the purpose of decent burial, and there would be a the lease was what he had paid for, and that, therefore, civil remedy for any interference with this right.

he could have no rights beyond his bargain; and there were many estates where a tenant who had not bought (or inherited from some one who had bought) was not allowed to sell.

on

The nearest analogy, perhaps, to the Ulster“ tenant- Downing, then M.P. for the county of Cork, who right” would be found in copyhold tenure, with, threatened the Bill with an opposition which might have however, this important difference, that the courts proved fatal to it, on the ground that, as framed, it in England have recognized and enforced the rights provided no security against “capricious evictions." of the copyholder from a very early period, whereas Although the bargain between landlord and tenant had the courts in Ireland, till compelled by the Land | been that possession should be given up on six months' Act, steadily refused to recognize the peculiar posi. notice, and no “equity" whatever existed, or was tion of the Ulster tenantry at all. These tenants alleged, for varying the agreement, still, it was argued, had, from generation to generation, bought and it was such a hardship to the tenant to be obliged to sold their rights of occupancy, with the full knowledge leave his holding, that a landlord who enforced his right of the landlords, who, moreover,

found in the of re-entry without sufficient cause ought to be com. sale of the goodwill a most valuable addition pelled to make good the loss thus caused. The avowed to their security, the arrears of rent being always object was to check evictions for political reasons, and

first charge the purchase-money, and the clause was so framed as not to apply to cases where so firmly rooted was the confidence in the custom thus the tenant had been guilty of a breach of any of the engendered, that we have frequently known tenants to fundamental conditions of his tenancy-e.g., non-payrefuse to accept leases for twenty-one years, when ment of rent, sub-letting, waste, &c. voluntarily offered by the landlords, on the ground And here we may appropriately notice a peculiarity in that the goodwill of a tenancy (in law) from year to the law in Ireland which has not been sufficiently kept year was a more saleable property. It would, of course, in sight. Besides his ordinary common law right to be an intolerable wrong if a landlord, who knew that an bring an ejectment, arbitrarily, upon notice to quit, a incoming tenant had given a large sum of money landlord in Ireland to whom a year's rent is due has & for the goodwill of his holding, on the faith of statutory remedy analogous to a mortgagee's right of being permitted to dispose of it again when | foreclosure. He may bring an ejectment "for nonleaving, and who had, perhaps, received a large payment of rent,” a proceeding which differs from the portion of the money in the shape of arrears of ordinary ejectment “on the title” in several important rent, otherwise irrecoverable, had afterwards, in reliance particulars. It requires no notice to quit: it can be on a strict legal right, refused to give effect to the tacit stopped at once by payment of the arrears of rent : even agreement in question, and insisted upon taking pos after decree the tenant has six months' "equity of resession of the land, and confiscating the goodwill with- demption, and the landlord is unable to admit a new out compensation. It is, however, to the credit of the tenant during that time so as to defeat the equity. landlords of Ulster that, although the Irish courts, As the process of eviction is hardly ever resorted to both of law and equity, had, so long ago as the Chan. / except for the purpose of compelling payment of rent, cellorship of Lord Lifford, refused to recognize the the superior rapidity and cheapness of this process have validity of the custom, it was all but universally caused it in great measure to supersede the old ejecte respected throughout the province, at least except in those ment on the title, but it is obvious, from the nature of the doubtful classes of cases to which reference has been proceeding, that it cannot be used as an instrument for already made. To the rights thus acquired the Land Act capricious" eviction. This process, therefore, never added nothing; it did, indeed, expressly legalize all could be a " disturbance” within the meaning of the Land such customs as could be proved, and enabled the Act, and is, indeed, a rather substitute for an action of tenants to enforce their rights under them by the debt than an ejectment in the proper sense of the term, medium of the county courts-i.e., it substituted the which is an action to vindicate a right of possession. discretion of the county court judge for the conscience It will be seen from the foregoing that the right of of the landlord in applying the right, but the right compensation for disturbance given by the 3rd clause of itself remained entirely unaltered.

the Land Act differs fundamentally, both in nature and But the condition of the tenantry throughout the origin, from the rights of sale arising under the customs South-west of Ireland was, and is, entirely different.

of Ulster: these have been purchased by the tenant With exceptions so few as to be immaterial, neither they with hard cash expended with the knowledge of the nor any one through whom they claimed ever had paiá landlord, that has been given, without any consideration a single shilling for their right of occupancy, nor

moving from the tenant, by the will of the Legislature, had the landlord ever received directly or in and for reasons mainly political these: exist at all times, directly any benefit from their occupation beyond and may be exercised by the tenant, no matter under the payment of the stipulated rent, or (more fre what circumstances he may be quitting his tenancy, quently) some part thereof. They were, therefore, that has no existence whatever unless or until the absolutely without those moral rights which con tenant is " disturbed” by the voluntary act of the landstituted the foundation of the Ulster customs, and were

lord: these never, under any circumstances, simply in the position of any other persons who had hired necessitate a payment by the landlord to the tenant, the use of a commodity-say a horse, or a steam-engine that can never operate in any other manner : under these -upon a bargain to pay a fixed rent for it, and to return the landlord is more or less compensated for the diminu. it any time upon six months' notice. It was, indeed, tion of his proprietary rights by increased security for alleged, and with just sufficient show of truth to require his rent, that has been imposed upon him without any some recognition, that they, or some of them, had laid out compensation whatever. money upon improvements, and so long ago as 1860 Any argument, therefore, in support of the one drawn an Act was passed with the object of securing to the

can