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of estates would still send them down to their children. | their own. Each district I would hand over to the local The spendthrift would sometimes be able to get rid of his | society, and thus you would have a most able, skilled, and estate sooner, but it would, with every fence of entail, have | responsible body of men in charge of their own district. been sold in the long run. I conclude, then, that the idea They would possess a knowledge of the titles of almost of preventing landowners from doing as they will with their every landowner in it, and have, probably, a better own, by the abolition of entails, would not benefit the com acquaintance with the land than the owner himself.. munity at large, or any member of it, whether rich or poor. Their first duty would be to construct the register. Where The other benefit to arise under free land by facility of the Government parish maps were completed, they would, transfer, is to a great eatent to be attained. The Committee of course, work upon them; but where they were not comon Land Titles and Transfer made the following, among pleted, they would have to take the best they could get in: other recommendations :-1. The abolition of the present | the meantime. Within six months every landowner (where scale of conveyancing charges, and the substitution for it, | no difficulties arose on the title) would be put on the register, in all cases where it is possible, of a graduated ad valorem and probably nine-tenths of the land in the kingdom would scale of payment. 2. The compulsory use, as far as prac. be disposed of. Where the registration could not take place ticable, of short statutory forms. I have already observed on account of disputed pedigree or other difficulty, I would upon the first of these recommendations in my address; the simply leave the property unregistered until an adverse title second speaks for itself. But it would follow the adoption by occupation arose; but where it appeared that trespassers of the first, as of course, even without legislation. The
were in possession without a shadow of title, I would have committee also recommended the completion of the cadastral
the property registered in the society's name, to form a. survey, and the compulsory adoption of maps. I cannot guarantee fund in relief of their personal liability agree in this. It would have caused expense far exceeding on the transactions registered. For this registraany benefit in shortening description or proving identity. tion, one per cent. commission, and any actual They also recommended the local registration of deeds. In disbursements incurred should be charged, and ai giving evidence before the committee I advocated this, similar charge should be made in respect of any future under the terror of the Dimsdale frauds, in which a relative, transaction that had to be registered. I suggest that the being a trustee, had nearly suffered. But I have now re Government should give up all duties so as to afford some turned to lifelong opinions. Mr. Lawrence gives the reasons relief to the landowners, as otherwise any scheme would be against registration of deeds or of titles most conclusively, adding substantially to the cost of the earlier transactions, Lord Cairns' Bill as to conveyancing and law of property, without any corresponding benefit. I do not seek to deal which, like his Settled Estates Bill, passed the House of with the details of a land transfer scheme; they have been Lords, and was not taken up in the House of Commons, discussed so often during the last five years that I think deals with the shortening of deeds, and also with the fol I may assume that whatever form the manipulation of the lowing additional matters, founded, in many cases, on Mr. register takes, whether it be registration of title or of Lawrence's address, the suggestions of the council, and the
assurances, that the society in charge will be more capable. useful paper read at Cambridge by our friend Mr. Dees, of of dealing with it than any individual officer or body of Newcastle. I hope these may all soon be passed into law. officers under an official Government system. It will be 3. The application to all purchases of stated conditions of seen that I propose to make the society absolutely responsale, being much the same as the general conditions already sible for the register, that is to say, that if they regisused. 4. Protection to a solicitor dispensing with an in tered as proprietor a person who was not proprietor, and vestigation of title to the extent of previous investigation. permitted him to transfer or incumber the property, the 5. Provision made for search of judgments, Crown debts, members of the society, individually, would have to coni&c., by officials. 6. Necessity for separate receipt on deed,
pensate the real proprietor out of their own pockets. This. or authority to receive purchase-money, abolished. 7. As consideration renders it necessary that the society should be to leases. Rent and covenants to run with reversion. No
composed of a sufficient number of responsible persons, and forfeiture, unless lessee on notice does not remedy breach the Government would have power to see that such was the or make competisation. Mortgagor or mortgagee in pos case. The greatest danger, of course, arises from forgery. session to have certain power of leasing. 8. Abolition of To make this as small as possible, I would require every acknowledgments by married women. There are other deed to be signed before an appointed local member of the minor matters in the Bill, as to which useful provision is society in each place, and the identity of the person vouched. made, but it is not expedient, in this general treatment of by his own solicitor. The greatest difficulty to deal with. the subject, to go into detail. I venture to express a hope appears to me to be pedigree, and whatever scheme be that Lord Chancellor Selborne will take up and pass Lord adopted, so long as the register is to show title, this difficulty Cairns' Bill as to conveyancing and law of property, or appears. Take, for instance, the Shrewsbury case. A something very much like it. I think it immaterial whether large landowner dies. A person claims to be his heir-athe does or does not take up the Settled Land Bill.
Jaw. The evidence that was given on the trial of the Shrews“A Suggestion for the Settlement of the Land Transfer bury case would not satisfy any registrar, although a judgQuestion." - Mr. IgHAM H. E. Gill, Liverpool, read a ment of a competent court was obtained, because every part. pa per on this subject. He said :-) take it for granted that of the long pedigree was not proved by strict legal proof.. the Government, the public, and the profession, are agreed If the successful plaintiff is put on the register, at that the objects to be attained are-1. Security of title; 2. some future time another person may succeed in establishing Cheap and easy transfer; and I presume that in the ensuing an adverse title. I would suggest, in such cases, a limited session of Parliament some measure will be introduced to registry without guarantee. The next question is how to endeavour to effect the above objects. Would it not be a deal with the profits made by the society. If every individual satisfactory settlement of the question if the profession-1. member bad the same amount of conveyancing business, Constructed the register ; 2. Kept all transactions properly or the same relative proportion of conveyancing busirecorded ; 3. Guaranteed the title of the registered proprie ness, to his general income, it would be easy, but of course tor, receiving for their remuneration one per cent and dis- it will be the fact that some firms, having almost exbursements in respect of every proprietor registered in the first clusively conveyancing business, will be heavy snfferers by instance, and in respect of every transaction thereafter, the the change ; and I would therefore suggest the following Government giving up their right to stamp duties ? Of course scheme for division :-That out of the payments for regisit may be said that it would be still better for the Government tration, compensation to all firms to the extent of one year's to give the guarantee themselves, and to take the commission; conveyancing losses should be paid, and subject to this, but I think it would be found that such an undertaking that the profits should be divided in proportion to the by the Government would not only entail on the Trea business income tax returns of the members for the time sury a heavy deficit, but would also end in failure ; in being on the assumption that the future conveyancing busifact, the experience of the last two Government experi ness, if it had been left to the profession, would have gone ments in Land Transfer shows the impropriety of their to those whose capacities enabled them to make their income. attempting a third and more costly fiasco. How, then, can otherwise. such an arrangement with the profession be practicable and The discussion that followed mainly turned on the profitable? My suggestions to make it practicable to work | utility of registering deeds of transfer. Mr. BRAMLEY are as follows:--The kingdom, with some exceptions, is (Sheffield) spoke strongly in favour of registration, and now divided territorially amongst thirty-three provincial brought up the opinion of the Sheffield Society on the sublaw societies. The exceptions would either have to be ject, which was that soine system of registration of deeds is. added to the neighbouring societies, or form societies of advisable as a record of past transactions, and an impedi
ment in the way of fraud; that attached to each county duty. There is, however, a far stronger reason for retain. court there should be a registry of deeds affecting the prop- ing the present system, and that is, that small assets are erty in the district; that a dictionary index of documents very liable to be overlooked on making out the list for registered should be made, and that certificates of search probate, which generally has to be done before there has should be given by the registrar at a low price.
been full time or opportunity to look into things; and if Mr. WAKE (Sheffield) was also in favour of registration, duty were to be paid only on the actual amount, the appli. and he was followed on the same side by Mr. IBBOTSON cations for rectification on the ground of mistake would (Sheffield), Mr. HUGHES (Sheffield), and Mr. DODD be endless ; and until probate duty can be paid at the same London)
period as legacy duty, viz., when everything has been really Mr. HOWLETT (Brighton) was opposed to registration, as ascertained and accounted for, the scale system must be was also Mr. WALTERS (London).
retained. While upon the subject of rectification of duty Mr. WALLINGFORD (St. Ives) said that the true solution it may not be unprofitable to point out what may be conof the difficulty was the abolition of the doctrine of notice, sidered one or two defects in the present system, with the tacking, and consolidation of mortgages.
hope that the publicity may be a means toward their Mr. W. SMITH (Sheffield) believed that the unsatisfactory amendment. It cannot at present be considered that the state of the Middlesex Registry was the real index to what facilities for rectification are such as they should be ; it would otherwise be an unintelligible anomaly. While in ought to be the aim of the revenue authorities to assist Middlesex only one was in favour of registering, in York the practitioner as much as possible in this. Cases of shire they were hugging their chains, and bearing willingly mistake constantly occur in practice ; on the one hand, an the yoke about which Mr. Howlett had spoken.
asset may be omitted or undervalued, and an increase No .esolution was passed.
rendered necessary, or an overvalue may be put, or someDEVOLUTION OF REAL ESTATES OF INTESTATES. thing wrongly inserted, and a return, therefore, has Mr. HENRY BIRKS' paper “On the Attitude of the Legal to be made; or it may be difficult really to ascertain Profession in relation to a Suggested Alteration in the Law | the assets, or their value, until after the grant as to the Devolution of the Real Estates of Intestates" | is actually obtained and the estate realized. In was then read. He was of opinion that the existing law all these cases the Revenue ought to make the prac. of descent is unsuitable to present requirements ; that it titioner its friend, by the knowledge that if he chances works injuriously, and without compensating advan to make a mistake it can easily be rectified, whereas the retages, and that it is expedient that the profession should verse is too often at present the case, and he knows that if lend its influence in aid of the proposed change to the de too much duty is paid it may be a matter of trouble, vexavolution of real estates of intestates to personal representa tion, expense, and delay, in getting it back again; and if too tives.
little, it will be nearly as bad. Let us take, for instance, the Mr. W. B. ESAM (Sheffield) believed that the abolition case of an undersworn administration, and see what is reof the law of primogeniture would not touch large estates. quired to get it put right. First, the administrator has to If it did he would not approve of it, but he thought it make an affidavit for the probate registry, setting out the would be well to abolish the law in the case of small fact that the estate has been sworn under 100 small an amount freeholds to prevent injustice in the distribution of the and swearing it under the right one, and he and his sureties property in cases of intestacy.
have to sign a fresh bond, or amend and re-execute the old PROBATE DUTY.
one; upon this affidavit and bond the registrar gives & cer. Mr. GEORGE THATCHER (London) read a paper on tificate that the proper additional security has been given. “ Probate Duty." After stating the history of the duty Then the administrator has to make out another affidavit setand describing the present law, he said :--The arguments ting out all the circumstances, and upon this and the cergenerally used in favour of the present system are these : tificate the additional duty is received. In all cases of first, that no debts ought to be allowed until they are increase the certificate of the solicitor, and a balance paid, and the executor may never pay them at all; second, sheet, ought to be enough; the mere fact of the willingthat the debts cannot readily be ascertained immediately ness to increase the duty ought to be proof of a good faith. after the death; and, thirdly, that the duty can always be In cases of return, an affidavit and a balance-sheet as at got back again on debts paid within three years of the present ought to be given; but the commissioners should grant, and so the estate does not really pay duty on debts have power to extend the time for a return in the case of a at all. The remedy to the first and second objections mistake : at present they can and do extend the time for might be found by making the executor give a list of lia- return in case of debts, but unless the claim for return on bilities as well as assets, and the one could be ascertained the ground of mistake is made within six months after as readily as the other; and the answer to the third is, discovery of the error, they have no power to entertain the that although it may sound very well in theory, it frequently application, or extend the time; it may be said that six occasions great hardships in practice; as an instance of this, months is plenty of time, but circumstances may arise, such a manufacturer in a large way of business, whose will was as the absence abroad, or illness of the claimants, which proved in 1859, left assets over £130,000, the liabilities may render further time absolutely necessary. In cases of were over £110,000, so that he really died worth less stamps or revoked grants, the rnles of the Inland Revenue than $20,000. Nevertheless, the executors had to swear Office are especially hard; these cases are more frequent than the estate under £140,000, and pay a duty of £1,800, and may be imagined; for instance, it is supposed a man dies it was not till the year 1869, when the estate had been intestate, administration is taken out, subsequently a fully administered, that they got the surplus duty of will is found; or a will may be proved, and another of later £1,400 returned to them, so that in this case Government date afterwards make its appearance; in both these the first had the use of £1,400 for ten years without interest. grant has to be revoked, and a new one obtained. It would Practically, too, it will be found that it is not an easy be only reasonable to imagine that duty having been paid task to get back overpaid duty, it is a work of time and on the revoked grant, a duty paid stamp might be given for patience. The Revenue do not seem disposed to part with the second ; bnt this is not so; duty has to be again paid, money when once they have got it, and it is hardly to be and the daty on the first grant is not returned in cash, but a credited, though a fact notwithstanding, that this spirit is warrant is given entitling the unfortunate applicant to s so openly displayed, that applications for increase or re- stamp of a similar denomination and amount. Let us take turn are not taken in the order of their entry, but all as an illustration a case which occurred & few months ago increase cases are taken in preference to return A testator died possessed of household furniture, railray cases, no matter how long either of the applicants scrip, money in the funds, and a leasehold house ; & holo have been waiting. The last part of the affi. graph will properly attested was found giving everything to davit declares the personalty to be under a cer the widow, and appointing her sole executrix; this was tain sum, graduated by scale. It has been said that proved under £800, and a stamp duty of £15 was paid; the this is not fair, and that duty ought to be only payable on executrix obtained a transfer of the scrip and stock into her om the actual amount. One objection brought against this in name. Some time afterwards another will of later date mus the recent debate in the House was, that it would be im- found, also in the handwriting of the testator, exactly similar possible to keep a number of dies sufficient to impress all in other respects to the previous one ; really, it was the the requisite stamps. This could easily be obviated by an same will, but technically it revoked the will of which pro official writing a receipt for the amount on the grant, and bate had been obtained, and it was necessary on account of a stamp being impressed denoting that duty paid, the the leasehold honse to prove it; the first probate was no same as is done in discharges for succession and legacy i voked, then the latter will was proved, and the duty of £15
had again to be paid ; then a certificate was given by the of the law." Common, moreover, pot among the general registrar that the first grant had been revoked, and that public, but among ourselves, Whether the mis. the duty paid thereon ought to be allowed; then apprehension exists to the extent, and is precisely an application had to be made to the Cominissioners of In- of the nature charged by the Lord Justice, is probably a land Revenue, supported by affidavit, that the former grant matter on which opinions will differ, but that the course had been revoked, and a fresh grant obtained and duty of practice based on this alleged misapprehension, which paid thereon; in fact, setting out all the circum- has proved disastrous to the plaintiffs in this case, is one stances, notwithstanding the registrar's certificate ; extensively adopted by the profession, there cannot be then the commissioners gave a warrant entitling much doubt. The fallacy which the Lord Justice hopes the executrix, not to the money, but to have a probate he has demolished is, in the language of his judgment, that stamp for £15 if she happened to require such an article of supposing "that there is such a thing as the office of within a month. It should be stated, however, that, solicitor ; that is to say, that a man has got a solicitor, on a special application to the board they allowed not as a person whom he is employing to do some the warrant to be issued to the solicitor, instead of the particular business for him, either conveyancing, scrivenexecutrix herself ; and in special cases, where the duty is ing, or conducting an action, but as an official solicitor, very heavy, they will either pay it, or issue several and that because the solicitor has been in the habit of warrants for smaller amounts. In all cases of this sort, acting for him, or been employed to do something for him, however, all practitioners will agree that a denoting that solicitor is his agent to bind him by anything he stamp should be granted as a matter of course. There is says, or to bind him by receiving notices or information." no doubt the commissioners are occasionally defrauded, In the case in hand the question was as to the sufficiency and are obliged to exercise great watchfulness ; but the of the service of notice of incumbrance of a reversionary way to make a man deal fairly and honourably is by interest on the solicitors of the trustees, and the judgment dealing fairly and honourably with him, and to hold proceedsmoney back when there can be no question that it ought “There is no such office known to the law. A man has to be repaid, is calculated to afford a pretext to unscru. no more a solicitor in that sense than he has an accountant, pulous persons to themselves, in their turn, withhold or a baker, or a butcher. A person is a man's accountant, from the Revenue money which ought to be paid. Surely or baker, or butcher, when the man chooses to employ the Government might repose more confidence in the pro- him or deal with him, and the solicitor is his solicitor fession than it appears to do. No class of men have greater when he chooses to employ him and in the matter trust reposed in them by the general public, and abuse it less, in which he is employed. Beyond that the and where private individuals will confide to the honour of solicitorship does not extend, and a man is not an their solicitor, fame and fortune, surely the Revenue could agent for the purpose of receiving, notice of an indo so when the amount at stake is only a few pounds, and, cumbrance created by a cestui que trust because he was the as before pointed out, it would be far more to its advantage solicitor employed to invest the moneys, or even because to give every assistance and facility to the practitioner than afterwards he, for convenience, received from the mortgagor to treat him with watchfulness and suspicion as is done at the interest, and handed it, by direction of the trustees, to present: there is no wish on the part of the profession to the different persons entitled to receive it.” defraud the Revenue for the benefit of their clients, the After stating the facts of that case (see 28 W. R. simple desire is to deal fairly by both parties and not to 681), the reader said: The facts of the case disclose an give the one or take from the other, more or less, than the instance of what, as regards the action of the plaintiffs and right amount. One other point, in conclusion, and a very | the solicitors to the trustees is surely a matter of constant important one, and that is,
time of payment of the duty"; occurrence in the profession. According to common knowat present it must be paid before the grant is issued, and before ledge and reputation, a respectable firm of solicitors act in the grantee can realize a penny of the assets, not in actual the business of a particular trust. They are known to have cash; too often he is placed in this dilemma, to get the money acted for the testator, to have proved the will, to have to pay the duty he must get the grant, to get the grart he invested money for the trustees, and received and paid over must get the money to pay the duty; it is like telling a man the interest on such investments, and, further, to have to climb to the top of a house with a ladder which is lying acted for the trustees in a chancery suit, to which the on its roof. Except where the estate is very small few testator was a party. An intending incumbrancer of a persons die leaving sufficient ready cash to pay funeral share in the estate applies to them for information, and in expenses and probate duty, and the executor generally their reply they state : “We are solicitors for the trustees either has to provide it out of his own pocket, or get the of the late John Hardy," a statement which seems to have solicitor to advance it. The period for payment presses been very well founded, and to savour nothing of misrepreheavily on the estates of the lower middle class, and when sentation. The incumbrancer was content, under the cirit is remembered that more than four-fiths of the grants cumstances, to serve notice of his charge on the solicitors issued last year were sworn under £2,000, it will be seen for the trustees, as–James, L.J., to the contrary notwiththat it is a matter which widely concerns the general standing, we must continue to call them--and it is apprecommunity. Take the case of a professional man dying, hended that nine practitioners out of ten would have been leaving a widow and young children, the only assets the content to do likewise. Both, as we now learn—the one household furniture, á few pounds in cash, and a life in serving and the other in receiving the notice-were policy, where is the widow to find the money to pay £30 acting under an opinion, erroneous in point of law, that or £40 for probate duty ? and this case is not at all an the employment of the latter as solicitors enabled 'them
A remedy could be easily provided effectually to accept service of the notice. We are told by letting the grant issue as at present, but allowing in the language of the judgment, “ that before a notic the duty to be paid at the time as the of this kind of a charge upon the property can be of the legacy duty, in fact add two and a quarter per cent. slightest validity, it must be given, if given to a solicitor, to the legacy duty and the thing is accomplished; this to a solicitor who is actually, either expressly. or would be a great relief, and fraud could be prevented impliedly, authorized as agent to receive such notices, by retaining the present list of assets and checking it with and," 80 says the Lord Justice, “I am of opinion the residuary account, and taking a bond in probate as well that the solicitors in this case were not so authoras administration cases. Of course there should be a severe ized." No prudent practitioner will, after this depunishment for all who obtained assets and did not pay the cision, trust anything to implication in such matters ; duty, or furnish some good reason for not doing so, within therefore we may disregard that part of the dictum as a limited time. There is no reason why probate duty should useless, and read it as laying down that express aathority not be put on the same footing as legacy duty.
to the solicitor is essential to the validity of his acceptance
of service of a notice. In the absence of such express NOTICE TO TRUSTEES SOLICITORS.
authority the incombranoer must be in a position to show Mr. R. S. CLEAVER (Liverpool) read a paper on "The “that the mind of the trustee bas in some way been brought Practical Resolts of the Decision in the Case of The Saffron to an intelligent apprehension of the nature of the incom. Walden Building Society v. Rayner (L. R. 14 Ch. D. 406)." brance wbich has come upon the property, so that a reaHe said, it will scarcely be necessary to make any apology sonable man or an ordinary man of business would for inviting the attention of this meeting to a recent judi. act upon the information and would regulate his cial correction of what so excellent an authority as Lord conduct by it, in the execution of trust” (per L.C. Cairns, Justice James states to be "a common misapprehension ) Lloyd v. Banks, L. R. 3 Ch. 488). These being the alter
natives, it is obvious that personal service of notices on all Mr. COOPER (Manchester) moved, and Mr. R. R. Dzes the trustees of the property affected must henceforth be the (Newcastle-on-Tyne) seconded, “That the council be reTule, unless some satisfactory mode of avoiding the incon- quested to consider what course should in future be taken veniences of such a course can be de rised. Trustees, a term in practice in consequence of the decision in the case of which for this purpose must be taken to include mortgagees, Saffron Walden Benefit Building Society v. Rayner." to the number perhaps of three, four, or five, may bave The motion was carried. various residences, and personal service on each, either by the incumbrancer or his agent, would frequently entail
DERBYSHIRE MINES. expense disproportionate to the amount involved. Moreover, Mr. B. Wake read a paper on Lead Mines in Derbyshire, the process of personal service of legal documents of any which elicited no discussion. nature is disagreeable to those who are unable at once to The PRESIDENT announced that the time bad now exappreciate their purport. A reference of the matter to the pired, and the two last papers by Mr. Blyth and Mr. God. solicitor for the trust becomes desirable, if not inevitable. frey would have to be taken as read. They would, of with the result that his charges, if he is paid any, fall not, course be published in the transactions of the society. as they ought to do, on the incumbrancer, but on the trustee. A vote of thanks was then given to the local society for On the other hand, trustees cannot be called upon to give their hospitality, which was warmly received. ad acknowledgment of receipt of a notice. In short, on all 1 Mr. HẾRBERT BRAMLEY, the local secretary, whose name grounds convenience would dictate that the solicitor should elicited great cheering, replied. be the medium of reception of the notice, and it would then Thanks were also accorded to the Mayor and Master rarely bappen that the trustees would fail to acquire that Cutler for their welcome to town; to the readers of papers Siintelligent apprebepsion of the nature of the incumbrance" and to the president. which has been held to be requisite on their part. The In the evening there was a conversazione and dance in case before us affords an instance of failure of due commu. the Cutlers' Hall. nication between the trustees and their solicitor, and it remains to consider how the dangers of such eventualities may best be avoided. A suggestion that solicitors should arm themselves with express authorities from their trustee i
Cases of the Ju eek. clients to accept service of all notices affeoting the property of the trust would probably lead to Do i practical result. It would be requisite that such PARTNERSHIP-RECEIVER-COSTS.-A motion for the apa practice should be invariable, or the benefits pointment of a receiver was made on the 6th inst. in it was designed to confer woald frequently Moir v. Paddon, before the Vacation Judge, under the folbe found unattainable when most wanted. Perhaps the lowing circumstances :--A Mr. Dicas entered into partner lessons of this case point rather to the recognition and ex ship with the defendant for fourteen years, and died during tension of the principle of the agency of the trustees' solici. the term. Notwithstanding his death, the defendant contor. Provided the incumbrancer be willing to pay his proper | tinued to carry on the bus
tinued to carry on the business, using the assets of the charges there should be no hesitation on his part, having firm ; but it appeared that he had offered to give security regard to the convenience of all concerned, to undertake such to the plaintiff (who was Mr. Dicas' executor) for what he agency. If the solicitor be asked to accept service of the alleged to be the amount of his testator's share, but this notice, it is customary to pay his charge therefor, but amount was disputed. For the plaintiff, Harding v. Glover, henceforth, at least, it will not be considered safe to regard 18 Ves. 281, and Lindley on Partnership, 4th ed. 1011, were the process as concluded here. Evidence should be available referred to. LORD COLERIDGE, C.J., refused the motion, both to solicitor and incumbrancer, that each trustee has with costs, bat directed a reference to chambers to ascerintelligent apprehension of the notice ; and if this be secured tain the amount of the plaintiff's share of the assets, and through the medium of the solicitor, the cost will fall on ordered the defendant to give security for £500 within a those who oogbt to bear it. The case has one more fortnight.-SOLICITORS, Hicks & Arnold; W. F. Stokes. lesson. The solicitors for the trustees narrowly escaped being made liable in damages for the results of their alleged misrepresentation that they were the solicitors
STREAM-DIVERSION - POLLUTION–RIPARIAN OWNER, for the trustees. They escaped chiefly because the incum - On the same day the plaintiff in Richards v. Peito Tirabrancers were partakers with them in the erroneous impres. plate Company, Limited, moved to restrain the defendant sion that, because for previous purposes they had been from damming up, diverting and polluting a small stream solicitors to the trustees, notice to them was notice to the
in Glamorganshire, so as to interfere with the supply of trastees. The safe course will now be to abstain from all water to the plaintiff's weir. In opposition to the motion representations of this nature, and to confine ourselves to it was contended that, in the present case, the company the signification of our willingness to act as the agents of i
had only taken a reasonable quantity of water, having others for the purpose of communications with our clients. ! regard to the purpose for which it was required. Both The result is not one which tends to magnify our office. parties were riparian owners. Lord COLERIDGE, C.J., The analogy of the shopkeeper is prayed in aid for the pur said that the test of reasonableness as to quantity was not pose of illustrating the nature of our daily employment. the amount required by the abstracting owner, but the That time-bonoured institutivn, “the family solicitor," is
amount diverted by him from other owners. Ultimately threatened with extinction. And thus we are fain to the defendant gave an undertaking not to return any discuss how we shall with the greater decency shuffle heated or polluted water into the stream above the plainoff our apcient pretensions, and conform ourselves and tiff's weir, and no order was made on the motion. our practice to these, the latest judicial defioitions of our true functions.
Mr. HOWLETT (Brighton) in the interest of the profession rejoiced to tee this decision. He thought those soli. The Registration Courts. citors who received notices on behalf of their clients were indulging in a dangerous practice, and one which involved them in responsibility whicb, until this case was decided,
MID SOMERSET.-(Mr. HOOPER).-Sept. 29. they hardly conceived.
Claim in respect of sequestrated living. Mr. J. N. COOMBE (Sheffield) said there appeared to be a very simple remedy for this question. He should suggest
The Rev, J. H. Evans was objected to on the ground that the person who had probate for the time being should
that, as the living had been sequestrated, the whole of the be the person to whom notice of any incumbrance should
profits and benefits arising ont of it were vested in the be given, and that probate should be searched from time to
sequestrators. The reply to this contention was that time, like the registry was.
although the living was sequestrated the vicarage house Mr. B. WAKĖ (Sheffield) said that the practical result of was not so, the latter being a freehold, and that the bishop this case was, that the advice given for long years to
had no control over the house so far as the sequestration trustees, “ Never accept a trust and never act at all." will was concerned. It was elicited that Mr. Evans did not be intensified. He would advise a trustee never to act | live in the house now, without a solicitor, for the responsibility was enormous.
Mr. Serel (Conservative) said Mr. Evans, who claimed
for a freehold house and land, might come back to morrow same circumstances, would not leave a letter, which would if he liked. The sequestration did not affect the house, be returned through the dead letter office. THE BARRISTER said the point raised was new to him,
Mr. Barker (Conservative), urged that the potice of the but he should allow the vote.
objection bad not been left at the house. It should have been left at the last known place of abode.
Mr. Parish said he had two witnesses wbo bad been to TAUNTON.-(Mr. HOOPER).-Oct. 2.
the house, and they were told that Mr. Alcock did not reside Tithe rent-charge.
there. Mr. Trevor (Conservative) claimed a vote on betalf of
THE BARRISTER said it appeared to him that the service Mr. John Chatworthy Aiken, a Bristol merchant, in respect
must be personal, or it should be left at the last known place of the forty.first share of a freehold tithe rept-charge at
of abode. If the police were taken to the house and brought Creech St. Michael, of a greater anddal value tban 40s.
back he could not see how it could be said to be properly
served. --Mr. Parish : But if you go to the house and the Mr. Cook (Liberal) opposed the vote. It appeared that
person is not tbere !—The BARRISTER: You could leave the Mr. Herbert Meade King sold, on behalf of himself and co
notice under the door.—Mr. Parish remarked that the spirit trustee, Mr. R. J. Beadon, to Messrs. C. B. Hare, Jobn
of the Act was that a fair effort should be made to find out Harvey, and Bigg, of Bristol, as representing forty-one
the person and did not bind tbem to leave the notice at the purchasers, for the sum of £2,378, commuted andual rent
house.—THE BARRISTER thought it must be proved that due charges in the parish of Creech St. Michael amounting to diligence was used to find out the person.-- After some further the clear annual sum of £128 ls. 2d., and each person discussion, interested in the porobase was to be entitled to bis sbare
The BARRISTER gave the following decision :--Notice of as from the 1st of January, 1880. It transpired, in the objection must be personally served at the place of abode, or course of Mr. Cook's examination of Mr. Meade King, that at the last known place of abode, and in the latter case it Do purchase-money had been paid, and that, although must be shown that reasonable efforts have been made to interest had become due, and was payable on the 1st of effect service, provided the service has not been made by and January, none had been astually paid.
through the post. THE BARRISTER said this was fatal to the claim. It had been laid down in Orme's case (L. R. 8 C. P. 281), before the Court of Common Pleas in 1873, that the contract amounted to nothing unless there had been actual
Obituary. manual receipt of the tithes, and it was laid down in Hadfield's case (L. R. 8 C. P. 306) that actual possession meant possession in fact, in contradistinction to possession in law, and
MR. WILLIAM PETTIT DEWES. there must be an actual manual receipt of the rent itself or
Mr. William Pettit Dewes, solicitor (of the firm of part of it. Being entitled to the rent was not tantamount Dowes & Musson), died rather suddenly at Ashby-de-lato being in possession of it. Claim was disallowed.
Zouch on the 15th olt. Mr. Dewes was the son of Mr.
William Dewes, solicitor, clerk to the magistrates at SOUTHWARK.-(MR. HURRELL). - Oct. 3.
Asb by-de-la-Zouch, and was born in 1823. He was arti Fictitious claims.
cled to his father, and was admitted a solicitor in 1847.
He had ever since practised at Ashby-de-la-Zoocb, THE BARRISTER called attention to the forged or
having been formerly associated in partnership with his fictitious claims which had come before him in the course
father and with his brother, Mr. Charles Saunders Dewes, of his revision. These were confined to three parishes- but more recently with Mr. William Alfred Mosson. The Bermondsey, St. George's, and St. Saviour's—more
firm had a good private practice. Mr. Dewes had been especially to the first-named parish. He had considered
for about twelve years registrar of the Ashby County Court these cases, but he had not as yet had time to give them such consideration as to enable him to say whether he | Swadlincote Local Boards. Mr. Dewes was an active sop
(Circait No. 20). He was also clerk to the Ashby and should submit them to the Secretary of State. In the porter of the Conseratvive cause. He was a man of generoas meantime, however, he had to request that the vestry and charitable disposition, and had contributed liberally clerks of the parishes named should make out and hand to him an authentic list of these claims, retaining andfoar children.
to the restoration of Ashby church. He leaves a widow the original claims in their own custody, so that, if
He was buried at Ashby-de-la-Zouch afterwards required, they could be produced by the proper
on the 20th olt. custodians of them. If he found that there was sufficient in those claims to justify him in submitting them to the
MR. GEORGE BROWNE, Q.C. Secretary of State, the vestry clerks would, of course, be communicated with on the subject. In respect of the Mr. George Browne, Q.C., recorder of Ludlow, died at youth, Henry Jacobs, who was before him at Bermondsey Calverley-park, Tunbridge Wells, on the 19th ult., after a on Monday, as one of the actors in getting up these fictitious very long illness. Mr. Browne was the second son of the claims, he certainly erred in ignorance, and was the cat's
late Mr. John Browne, of Hall Court, Herefordshire. He paw in the hands of others more knowing than himself.
was born in 1825, and was educated at Jesus College, He was a very young man, of excellent character, and he Cambridge. He was called to the bar at the Inder Temple (Mr. Hurrell) did not think the Secretary of State would
in Trinity Term, 1849, and
practised for many years on the proceed against him unless he saw that by so doing he
Oxford Circuit, and at the Gloucestersbire and Herefordshire would be enabled to bring the actual wire-pullers to punish- Sessions, where he long enjoyed a good share of criminal busiment. He wished, however, to have a list of these claims ness, and since 1857 he had had a good probate and divorce in the three parishes; and should ulterior measures be practice, having been engaged in many very important suits, decided on, the parish authorities would be communicated including the Chetwynd case, the Mordaunt case, and Sugden with.
v. Lord St. Leonards. Mr. Browne was for many years a The vestry clerks of the three parishes named, being pre-revising barrister, and also one of the board of classical sent, stated that they would hand the Revising Barrister examiners appointed by the Four Inns of Court, and he had the required lists at once.
been recorder of the borough of Ludlow since 1873. Three
or four years ago bis health failed, and although he reNotice of objectiun.
mained at work as long as he possibly could, he was com. The claim of Mr. Edward Alcock, of 151, Fort-road was
pelled to retire altogether from practice. In March last he
received a silk gown from Lord Cairns, but since that time objected to on the ground that he did not reside there. It
he had not appeared in court. He was married to the appeared that the notice of objection was taken to the bouse, daughter of the late Mr. John Greatorex. Mr. Browne was bnt that the messenger, not finding Mr. Alcock there, the
a man of kind and genial disposition, and his death will be paper was brought away.
lamented by a very large circle of professional friends. Mr. Parish (Liberal) contended that if the notice was sent to the house, and the person could not be found, the Act of Parliament had been complied witb, and it was right Dot to leave the notice at the house. A postman, under the