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Most of them are roofed in, so as to be protected from the weather, but in none of them are the flooring CONDITIONS FOR RETURN OF HORSES joists in position, and although thore may be seen in NOT ANSWERING TO WARRANTY. the corridors the oak ceiling which is one day to be put A CONDITION of sale of horses very commonly adopted at in position, this part of the carpenters' work appears to have been standing still for the last six months. It is public repositories gives the purchaser a certain limited

time within which to return a horse which does not satisfactory to observe that the corridors will be better lighted than we had anticipated, although the light will

answer to warranty or description. At Tattersall's the

condition used a few years ago was that “horses not not be so good or so diffused as might have been desired. In the Central Hall no great advance is apparent. answering the description must be returned before five The gables at either end are complete, but the rooffs no

o'clock on Wednesday evening next, otherwise the parfurther in position than the spring of the arches. The

chaser shall be obliged to keep the lot with all faults" (see

Head v. Tattersall, 20 W. R. 115, L. R. 7 Ex. 7). Here scaffolding by means of which the stone roof must be raised is not yet erected, but as soon as this is done progress

the consequences of not returning the horse within may be looked for, as the stones appear to be already

the stipulated time are expressly stated, and in cut, and are only waiting to be placed in position, Out

the absence of any special circumstances of the kind side the building the hoarding stands in the same position raised as to the right or liability of the purchaser under

to which we shall hereafter refer, no question can be as it did eighteen months ago. About four feet have already been taken off the width of the pavement, and it

such a condition. But it appears that a practice has is understood that five feet more are also to be taken in

grown up of adding words to this condition, providing order to make good the space blocked up by the Temple shall be tried or examined by a competent person, whose

that if a horse is returned within the time limited, it Bar memorial. The arcading, which now extends from

decision shall be final. In the recent case of Hinchclife the entrance up to the hoarding, will be immediately pushed on, and completed up to the archway forming

v. Barwick (28 W. R. 940), the form of condition used the approach to the Central Hall, and the hoarding will

was that “any horse not answering a warranty must be then be removed so as to display the arcading for its

returned before five o'clock of the day after the sale; it whole length.

shall then be tried by a competent person to be appointed by the auctioneer, and the decision of such person shall be final.” The condition, it will be observed, omitted

to specify what should be the consequence of not ONE OF THR SERVANTS in the Royal Courts of Justice a

returning the horse before five o'clock on the day of few days ago, after the building bad been closed for the sale. The plaintiff bought a horse which was warranted night, picked up three pieces of paper, lying in a passage, a good worker ; he did not return the horse within the which proved to be securities of the value of £3,000 time specified in the condition, but afterwards bronght negotiable by bearer. He immediately took them to the an action for breach of the warranty ; contending that superintendent of the building, who directed him to the meaning of the condition was that if a purchaser look in the daily papers to see whether any advertise wished to rescind the contract he must do so at once, but ment of their loss appeared. Finding an advertise. if he did not choose to rescind the contract he had still ment which appeared to relate to the loss, he went to his remedy by action for breach of the warranty. The Court the office of the solicitors named therein, and upon of Appeal however, affirming the decision of Pollock, B., receiving satisfactory evidence that the property he had held that the only remedy of the purchaser was to retum found had been lost by their clerk, delivered it up, the horse within the time limited by the condition. The and received the handsome gratuity of one pound! As object of the condition, Lord Justice Bramwell said, articles of value are frequently found in the Royal Courts was to provide a ready and final mode of ascertaining and of Justice, it cannot but be satisfactory to the profession deciding between the parties whether or not the warranty who frequent the building to learn that honesty is so had been broken. Lord Justice Thesiger also based his well rewarded.

decision on the presumed object of the condition. At auction marts," he said, “ sales are effected by

persons unknown to each other, and it is naturally an WE PRINT elsewhere an order of transfer of sixty object that the dealings should be carried cn in such causes from the Master of the Rolls' cause-book, and

a wayas to insure as little litigation as possible. The mode twenty causes from Vice-Chancellor Hall's cause-book

in which this object is carried out at nearly all auction to Vice-Chancellor Bacon, and for the purpose of trial

marts is that where there is a warranty which is not or hearing only, from Vice-Chancellor Bacon to Mr. complied with, or when the article does not answer the Justice Fry. Our readers will observe that the order of description, it is to be returned within a certain time. transfer is dated the 6th of August last; but, of course,

It is then examined by a competent person, whose deit will only take effect in the cause list for the ensuing cision is to be final ; and if the warranty is not com. sittings, which is not yet made up.

plied with, the auctioneer takes the article back, ard the purchaser's money is returned to him. Consequently, disputes seldomoccur. ... The words of this

condition, though not clear, are sufficiently intelligible. IT WAS ARRANGED, before the lamented death of Lord They do not say that the horse may, but that it must Justice Thesiger, that his place at the ensuing winter

be returned within the given time; it shall then be tried assizes on the Oxford Circuit should be taken by Lord by a competent person, and his decision shall be final. Justice Bramwell.

These words clearly show that the purchaser agrees that the return of the horse is to be his only remedy."

We quote these observations to show that the decision

of the Lords Justices rested upon the fact that the conAt the Leicestershire Quarter Sessions on Tuesday, the putes on the warranty.

dition expressly provided for the final settlement of dis

It is not necessarily an Ashby-de-la-Zouch Highway Board applied that four out of its twenty-seven parishes might be formed into a separate

authority for the proposition that mere con district bearing its own expenses, upon the ground that the

dition that any horse not answering to a warexpenses in them were greater than those in all the other

ranty must be returned before a specified time, twenty-three parishes together, owing to mining operations.

will, in case the horse is not returned before that time, The bench, however, refused to allow it, saying that the

have he effect of shutting out the purchaser's remedy object of the Highway Act was to compel all the parishes by action for breach of the warranty. Such a condition to pay a fair highway rate, and prevent agricultural villages may perhaps be held to amount to a limitation of the escaping simply because their traffic might be small.

time for objections to the horse on the ground that it does

not answer to the warranty-in which case, as Mr. Justice the incumbent, though this is not stated) for suffering Littledale said in Bywater v. Richardson (1 A. & E. strangers to be buried in their churchyard ; and, on the 508), it is “as if the vendor had said after so many culprits appearing and confessing the charge, “they wero hours or days I do not warrant. But unless the admonished not to suffer the same for the future.” warranty is held to be thus limited, is difficult to see The opinion of a learned civilian, Dr. Harris, also cited how a mere provision that any horse not answering to in the same work, states that since the surface of the warranty must be returned within a certain time can churchyard belongs to the incumbent, and the “ interior be held to restrict the remedy of the purchaser for breach part" thereof to the parishioners, no “outdweller" of warranty to that one mode of redress: To hold that ought to be buried without the consent both of the inan unlimited specific warranty given with a horse may be cumbent and the church wardens. In Bardin v. Calcott cut down by ambiguous general expressions in the condi. (1 Hagg. 17), Sir W. Scott said that the permission for tions of sale to a warranty for only a very limited time, strangers to be buried in the parish churchyard "should is to afford direct encouragement to unfair practice. be sparingly granted, since there can be no absolute claim

In Head v. Tattersall (20 W. R. 115, L. R. 7 Ex. 7) the of that kind;” but in that case the learned judge thought plaintiff bought a mare at a sale by auction under the con. that there was enough to prove that the churchwardens dition mentioned at the commencement of these remarks. were authorized to give such leave, since a table of fees The mare was described in the catalogue as having been was produced in which there was a fee prescribed “for the hunted with the Bicester and Duke of Grafton's hounds. burial of strangers.” It appears that the incumbent This statement was untrue, and it appeared that after cannot legally refuse to bury anyone who dies in his the sale the plaintiff was told that it was untrue. The parish (see the opinion of Dr. Swabey, sen., 1 Phill. Ecc. plaintiff, however, had the mare taken away, but returned | Law, 845). On the whole it would seem that unless the her within the time limited by the condition, and brought nonparishioner has died in the parish, the consent of the an action to recover the price he had paid for her. It incumbent as well as of the churchwardens is in general was contended that the plaintiff, having had notice that necessary to burial in the parish churchyard. the representation was false, ought not to have removed The other point referred to above is whether the the mare, and that by doing so he had waived his right incumbent can refuse to allow a bell to be tolled at to return her. The court, however, held that the plaintiff funerals taking place under the new Act. The 67th had not debarred himself from returning the mare; he canon of 1603 provides that, “ when any is passing out could not, said Kelly, C.B., "have left the mare in of this life a bell shall be tolled, and the minister shall cumbering the defendant's premises while he ascer not then be slack to do his last duty. And after the tained the truth of the representation," A more im- | party's death, if it so fall out, there shall be rung no portant point, decided in the same case, was that the more but one short peal, and one other before the burial, plaintiff was not precluded from returning the mare by and one other after the burial.” A learned correspond. the fact that she had, while in his possession, but not ent of the Times has expressed an opinion that as tho through his default, sustained an injury. If, however, “passing bell,” which now takes the place of the “one a horse, while in the possession of the purchaser during short peal” immediately after the death is known to the the period limited for return by the conditions of sale, is sexton, must almost of necessity be rung before the used for a purpose not necessary for testing the truth of friends have elected to avail themselves of the Act, it the warranty, and injury to the horse results from such would be unreasonable to forbid the same bell to be use, the purchaser will not be entitled to return the tolled at the funeral a day or two later. We certainly horse (see the judgment of Bramwell, B., in Head v. agree that it would be both unreasonable and ungracious, Tattersall.)

but the question is whether it would be illegal. As to this he fails to pointout that while the canon provides, that the bell shall be tolled while the person is passing out of life, it only provides that there shall be rung no more than the

peals specified after his death. This would probably be POINTS UNDER THE NEW BURIALS ACT. held to imply, in the case of a burial not under the The new Burials Act has caused the disinterment of two

new Act, that the peals specified must be rung at the quaint points of ecclesiastical law. A Cumberland vicar,

burial; and if so, one does not see why this accompani. on notice being given for a burial under the new Act,

ment of burial in the parish churchyard should be lost objected that, by section 9, the Act is not to authorize upon an interment in such churchyard conducted in a the burial of any person in any place where such person

different manner, but legalized by Act of Parliament, would have had no right of interment if the Act had not passed ; that non-parishioners had no right of interment in the parish churchyard without the consent of the incumbent; the deceased person was not a parish Legislation of the Year. ioner, and, therefore, could not be interred in the parish churchyard without his consent, which he declined to

WILD BIRDS PROTECTION. give, if the service was not to be conducted by himself. The point is one of considerable difficulty. There are 43 & 44 Vict. c. 35.-The Wild Birds Protection Act,

1830. two classes of persons whose rights may be infringed by the burial of a stranger in a parish churchyard : The history of previous legislation on this subject is the incumbent, in whom, to å qualified extent, the not very creditable. In 1869 the Seabirds Preserva. freehold of the churchyard is, and to whom the tion Act was passed, which created a close season from profits of the surface belong; and the parishioners, 1st of April to 1st of August, and made it penal to kill who have a right to the use of the church or wound, or attempt to kill or wound or take the seayard for the burial of their dead. It is clear that birds specified in the interpretation clause during the without the consent of the church wardens, on behalf of close season, but omitted (except by implication or the parishioners, non-parishioners dying outside the doubtful construction) to make it penal to take them, and parish cannot lawfully be interred in the parish church- also omitted to impose any penalty on unsuccessful yard; but it is not so certain whether, supposing the attempts to kill or wound or take. The schedule to the church wardens to consent, the consent of the incumbent Wild Birds Act of 1872 was notoriously defective in its is also necessary. There does not appear to be any case enumeration of birds, and the fine and costs imposed in the reports in which it has been laid down that his under the Act were not to exceed five shillings. The consent must be obtained; but the church wardens of Wild Fowl Act of 1876 re-enacted the provisions of the Harrow are said (see 1 Phill. Ecc. Law, 843) to have Act of 1872 with reference to thirty-five of the seventybeen cited before the Ecclesiastical Court (presumably by nine kinds of wild birds specified in the schedule to the

former Act, but altered the close season and gave power counsel for the defence to address the jury on the to the Home Office to extend or vary it. It also question of the child's consent, but the court held, on raised the penalty to £1 and costs, but repeated the the authority of Reg. v. Read, that this was a misdirecprovision in the Seabirds Act above referred to, tion. The new statute ma the consent of the injured relating to the penalty on any person who in the party irrelevant in the case of any child of either ses close season should “kill or wound, or attempt under the age of thirteen, for by section 2 " it shall be to kill or wound or take.The new Act, which nodefence to a charge or indictment for an indecent assault comes into operation on the 1st of January next on a young person under the age of thirteen to prove repeals, as from that day, all three previous Acts, and that he or she consented to the act of indecency." consolidates with amendments the law relating to the subject. It provides that any person who between the 1st of March and the 1st of August shall (1) “knowingly and wilfully shoot or attempt to shoot, or shall use any

Rebíews. boat for the purpose of shooting or causing to be shot, any wild bird”; or (2) shall use any lime, trap, snare, net, or other instrument for the purpose of taking any wild

LANCASTER CHANCERY COURT. bird; or (3) shall expose or offer for sale, or shall have in THE PRINCIPAL STATUTES, CONSOLIDATED AND GENERAL his control or possession after the 15th of March, any ORDERS, AND RULES OF COURT OF THE COURT OF wild bird recently killed or taken, shall, in the case of CHANCERY OF THE COUNTY PALATINE OP LANCAST EE. any wild bird included in the schedule annexed to the

With Copious Notes. By THOMAS Snow, Esq., BarAct, be subject to a penalty of not exceeding a pound rister-at-Law, and HUBERT WINSTANLEY, Esq., Bar. for each bird in respect of which an offence has been rister-at-Law. Stevens & Sons. committed ; and, in the case of any other wild bird, • shall for a first offence be reprimanded and disr procedure of the Chancery and Common Law Courto

The change effected by the Judicature Acts in the charged on payment of costs, and for every subsequent has had very little direct influence on the practice of offence forfeit and pay for every such wild bird in respect of which an offence is committed, a sum of money identical change has been made in its practice by those

the Lancaster Chancery Court; but, indirectly, an almost not exceeding five shillings, in addition to the costs,

Acts. This has been brought about by the issue, under unless such person shall prove that the said wild

the powers of the Court of Chancery of Lancaster Acts, bird was either killed or taken or bought or received

1850 and 1854, of rules and orders which in all import during the period in which such wild bird could be

ant points are the same as the rules and orders under the legally killed or taken, or from some person residing out

Judicature Acts. The new procedure took effect on the lst of the United Kingdom.” The section is not to apply to the owner or occupier of any land, or to any person

of January, 1877, so that at its commencement the court, authorized by the owner or occupier of any land, killing

and also the practitioners therein, had the benefit of many

valuable interpretations of the corresponding rules and or taking on such land any wild bird not included in the

orders under the Judicature Acts. For though we suppose schedule. But it appears that any owner or occupier of

the construction put by the High Court upon the latter land killing or taking in the close season any of the birds included in the schedule (which includes a large

rules and orders is not technically binding on the Lancaster number of species and such birds as the goldfinch

Court when interpreting its own rules, yet it is clear that

as appeals lie from both courts to the same Court of and woodpecker) will become subject to the penalty of £1 for each bird killed or taken. The Act enables

Appeal this technicality is not of much practical force. a Secretary of State, upon application by quarter ses

In fact for this purpose the Lancaster Court may be re

This sions, to extend or vary the close season in respect of all garded as a branch of the Chancery Division.

explains the presence of the long and elaborate notes on or any wild birds,

the Lancaster rules and orders given in Messrs. Snow and

Wirstanley's work; they are, in fact, resumés of the CRIMINAL LAW AMENDMENT.

decisions on the rules of the High Court, and some of

our readers may perhaps find the book useful on this 43 & 44 VICT. C. 45.—THE CRIMINAL LAW AMENDMENT

account. Iu addition to these annotated rules, the authors Act, 1880.

have interwoven the Lancaster Consolidated Orders of This Act makes an important alteration in the law as 1861 with the cognate rules, giving in a separate form to indecent assaults, and clears up the doubts which had such of the Consolidated Orders as could not usefully be been raised in some of the earlier cases as to the effect dealt with in this way. As the book also contains the of the consent by a child to such an offence. In Reg. Acts of 1850 and 1854 which we have already mentioned, v. Martin (9 C. & P. 216) it was held by fifteen judges and Lord Caims' Act and Sir John Rolt's Act, it will be that an attempt to have carnal intercourse with a girl seen that so far as its contents are concerned it may be between ten and twelve years of age is not an assault if regarded as a tolerably complete manual of the practice she consents to what is done, and this decision was fol- of the Lancaster Court. lowed in Reg. v. Read (1 Den. 377), where the prosecu With respect to the style in which the authors have trix was only nine years old, and Lord Denman ob- done their task, we can speak on the whole in a favourserved :-" It has been solemnly decided that if the girl able way. We cannot, however, approve of the practice assents the act is not an assault.” Reg. V. Johnson (14 which they have adopted of printing Acts of Parliament W. R. 815, L. & C. 632) was an indictment under the and statutory rules with italicized words or passages. In 24 & 25 Vict. c. 100, s. 52, for indecently assaulting a some instances, perhaps, this may enable the authors to girl over ten, but under twelve, years of age, and Cock. dispense with an explanatory note or caution. But it burn, C.J., laid it down that," the statute does not take must very frequently have the injurious effect of divertaway the power of assent to an indecent assault," and ing the attention of the reader from some other important he observed :-"Independently of authority, the point part of the section or rule. It seems to us that when, in is clear." On the other hand, in Reg. V. Lock, a book of practice, Acts and rules are given in extenso, (21 W. R. 144, L. R. 2 C. C. R. 10), on an indictment they ought to be exact transcripts of the Acts and rules for indecently assaulting two boys, each about eight as passed or issued, and nothing more nor less. This reyears old, it was held that the fact that the boys bad mark applies also to the punctuation, and though we have submitted to the assault, without knowing the nature of not seen an official copy of the Lancaster Rules, we are the act, was no defence. The latest case of this kind was inclined to think that the authors have followed their Reg. v. Hoadley (49 L. J. M. C. 88, 28 W. R. Dig. 71). own ideas of the true punctuation. At any rate, the On a prosecution for an assault on a child seven years punctuation of the rules as given by them does not, in old, the chairman of quarter session srefused to allow the many cases, tally with the punctuation of the correspond

General Correspondence.

ing Judicature Rules; and we notice that in the parts of the Judicature Acts which are given at length, the punctuation varies from that in the copies published by the Queen's Printer.

THE BRIGHTON MEETING. As regards the notes to the Acts and rules, they will be found useful, though, judging from the few we have [To the Editor of the Solicitors' Journal.) been able to consider with some degree of care, we are

Sir,--It is probably a wise arran gement for the In. inclired to think that it will be safest in most cases for

corporated Law Society at their provincial meetings to the practitioner using the book to check the notes by a

fix the place at which the society shall meet in the perusal of the cited cases. For instance, at page 251; following year immediately after the delivery of the the case of the Duke of Northumberland v. Todd (26 president's address, inasmuch as those who may intend W. R. 350, L. R. 7 Ch. D. 777) is cited as having to invite the society will not have had the opportunity decided that "an affidavit must not be sworn before a

of experiencing the liberal hospitality of their hosts at member of the firm of the deponent's solicitors, even

the meeting at which the invitation is given. though they are not the solicitors on the record." The

Mr. Howlett, speaking on behalf of the Brighton Law facts, however, in that case were that the solicitor Society, was very anxious that the invitation of that before whom some of the afidavits filed on the part society to Brighton for next year should be accepted, of the plaintiff were sworn, was a member of a

and Mr. Williams was no less desirous that the society firm of country solicitors who were employed by the should visit that place. The invitation was readily and solicitors on the record to get up the country evidence cheerfully accepted. It may be doubted, however, in the case. It was on this ground, and not because the

whether Mr. Howlett had not, before leaving Sheffield, country firm were the usual local solicitors of the plain. some misgivings as to the task he had undertaken, having tiff, that the affidavits were held inadmissible. The

regard to the liberal hospitality of the Law Society of word “ deponent” in the extract shows another mis

that town. apprehension of the case ; the authors must have meant

The tendency of these provincial meetings is to into write "party.” Again, we find at page 203 a curious

crease in numbers every year, and there can be no doubt qucere, founded on Harbord v. Monk (27 .W. R. 164, that the Brighton meeting will be numerously attended, L. R. 9 Ch. D. 616), to the effect that it is doubtful especially after the interesting article which appeared whether leave is required for the plaintiff to administer

in the Times on Saturday, the 9th inst. interrogatories-i.e., a first set of interrogatories. The

It was estimated by some who were present at Shef. rule on which this qucere is made is exactly the same as

field that there might at least be a thousand members ord. 31, r. 1, of the High Court, and we cannot see how who would accept invitations, and many intimated it to any one can read it and come to the conclusion that leave be their intention to be present. I think it is, therefore, is required.

very likely that the Brighton meeting will be very

numerously attended, and that the estimate of one LANDS CLAUSES ACTS.

thousand will prove pot altogether inaccurate.

The majority of the members of the council will, of THE LANDS CLAUSES CONSOLIDATION Acts ;


course, feel it incumbent upon them to be present, and Decisions, FORMS, AND TABLE or Costs. By ARTHUR the proximity of Brighton to London will naturally inJEPSON, Barrister-at-Law. Stevens & Sons.

duce a large number of town members to attend, besides Mr. Jepson's book is avowedly a digest of decisions on which the natural attractions of Brighton will cause the Acts, and is compiled on the ancient plan of giving many from the Northern and Midland counties to put in the decisions in notes to the sections ; the notes being, an appearance. however, printed in larger type than the sections to I can well imagine tbat Mr. Howlett and his colleagues which they relate. We have not observed any omissions at Brighton are already busily engaged in considering of cases of importance, and the purport of the decisions the arrangements that will be necessary for receiving so we have examined is fairly well stated. The costs under large a number of guests, and it is, I believe, no secret the Acts are given, and the book contains a large number that Mr. Bramley has been visiting Brighton, and he has of forms, which will be found useful as affording hints to no doubt given some valuable suggestions. practitioners. The index is capable of considerable im The Brighton solicitors can hardly allow their guests provement.

to leave without showing them the splendid suite of rooms at the Pavilion, which can only be seen to the

best advantage at night. Following, therefore, the good LEGAL DIARIES.

example set by our Sheffield friends, a dance at the WATERLOW BROTHERS AND Layton's LEGAL DIARY AND Pavilion will necessarily form an important feature in

ALMANACK FOR 1881. Edited by H. ALAN Scott, next year's programme. In addition, a visit must be Barrister-at-Law. Waterlow Brothers & Layton. arranged to Arundel Castle, which can be most appropri. This is a very valuable compendium of information as

ately reached by a drive from Brighton, which is one of the best in Sussex. No doubt the

noble owner, imitating well as a very convenient diary. It contains, in addition to the usual almanack information, lists of counsel, and

the example so well set by the Duke of Marlborough, London and country solicitors, and parliamentary agents,

who so bountifully provided for the wants of the society a list of stamp duties from 1804 to the present time, a

at Blenheim when it met at Oxford, will arrange luncheon table of succession to real and personal property, and for a stipulated number of guests,

for which ample full practical directions as to the preparation of succession accommodation exists at the

castle. There will, of course, accounts, which may be placed with advantage in the

be the inevitable banquet, and though familiar with the hands of articled clerks.

town of Brighton, I know of no place except the Corn Exchange or the Dome Room where it can be held, even if either of these will afford the requisite accommoda


The solicitors of Brighton, as I know from some slight FOR 1881. Edited by CHARLES FORD, Esq., Solicitor. Waterlow & Sons (Limited).

experience, are rather noted than otherwise for their

hospitality, and, therefore, they will be very reluctant to This diary also contains lists of counsel, and solicitors, dispense with the usual dinner. and parliamentary agents, and full and satisfactory It was suggested at the meeting held last year at information of the kind usually contained in these diaries. Cambridge that the society should meet this year in There is also a digest of statutes, and a summary of London, to give town members the opportunity of reproceedings in the last session of Parliament.

turning the hospitality which they had enjoyed in various

parts of the provinces. This proposal, made by Mr. If the suggestion should seem to meet with general Bircham, was supported by Mr. Clabon, but Mr. Bramley approval, it will, no doubt, be formally brought under was so persistent in his desire that the society should the notice of the council, and no difficulty will probably meet this year at Sheffield-in order, no doubt, to show be experienced in obtaining the assent of the Brighton how well Sheffield could entertain her guests—that the Society thereto.

A Towx MEMBER. suggestion to meet at London was abandoned.

Oct. 21.
Upon reflection, it would seem that the society can
never proporly hold this meeting in London, since it is
the society's provincial meeting, and it was, I think, one

Cases of the queek.
of the conditions when the Metropolitan and Provincial
Law Association was amalgamated with the Incorporated
Law Society that the latter society should, at least once


MISLEADING LESSOR-ALLOWING DISTRESS TO PROCEEDa year, go into the provinces to hold a meeting.

COMPANIES ACT, 1862, 88. 85, 133, 138.-In a case of Inne It was suggested by some that our Brighton friends

Newent Coal and Iron Company (Limited), before Field, J., might be content with the natural attractions which this

sitting as Vacation Judge, on the 20th inst., a motion was queen of watering places in the South undoubtedly | made to restrain a sale under a distress by the liquidator of a possesses, and that after providing lunch during the two company in voluntary liquidation under the following circumdays' meeting the guests might be left to amuse them stances. The company were the assignees of a lease granted selves as they would have no difficulty in doing in this by one R. F. Onslow, of certain mineral property at in. celebrated watering place. Brighton would thus be creasing dead rents, amounting, after the third year, to £1,200 setting an example to smaller towns desiring to receive

per annum. On Onslow's death in 1879, a large amount of the society, and yet hesitating to do so on account of the

rent was due, and his trustees requiring payment, negotiations

commenced with the company as to payment, and also as to heavy expense and trouble which would have to be

certain alterations in the terms of the lease. On the 23rd of incurred, and which would probably fall upon a few-a

June, 1880, the negotiations continued, and the solicitors of burden of course, which, though some might be willing,

the trustees then wrote to the company that they had heard all could not be expected, to accept.

that portions of the plant and machinery were being remored In this state of things the question arises, What is to by them, and that if such were the case, they must advise the be done ? and as it is very improbable that Mr. Howlett trustees to take the most stringent measures possible to will, for a moment, allow his society to entertain their enforce their rights under the lease. In reply a letter was guests in any other than the most liberal and handsome written on behalf of the company stating that nothing was manner, I think that, as Brighton is practically London being removed. On the 28th of June the trustees' solicitors by the seaside, and as this provincial meeting can never again wrote, stating that no arrangement could be made be properly held in London, the town members of the

unless the rents were paid, and that the trustees required in. society should co-operate with the Brighton society, and

mediate payment. They also desired the company to accept resolve to make the Brighton meeting a great success,

the letter as notice not to remove any of the machinery or

plant. On the 30th of June one of the directors wrote to say and thus to give London members the opportunity for

he was in receipt of the letter of the 28th of June, which which they are so anxious, of returning in some way the

would be duly considered at a meeting of the company on the hospitality which they have now for seven years received

| 2nd of July. On the 5th of July a letter was written on from the provinces.

behalf of the company, stating that as only a few of the There is no mistake about the circumstance that a shareholders were present at the meeting held on the 2nd, at great deal of importance is attached to the society's which the letters of the 23rd and 28th of June were read, it next provincial meeting at Brighton. The gentleman was decided to call a special meeting for their careful conwho is to fill the office of president has, I under- sideration. Further letters were written by the trastees' stand, been already collecting his ideas for the solicitors, but on the 16th of July, without any further notice requisite address. It has been jokingly observed that

| by the company, an extraordinary resolution was passed to an unexpected attack of illness might compel the future

| wind up the company. In September, the liquidator having president next October to go abroad, and that, therefore,

given notice of his intention to remove the machinery and

plant, the trustees distrained for the rent then due, amounting the duty of presiding would fall upon the society's then

to £2,266, and were about to proceed to a sale. The vice-president. All, however, who know Mr. Charles

liquidator then obtained an ex parte injunction restraining Claridge Druce must feel that he will be fully equal to

the sale, and now moved to continue it. For the liquidator the task of delivering an address which, while reflecting it was argued that by the 133rd section the assets of the comcredit upon himself, will compare favourably with those pany must be distributed pari passu, and that as to all the previously delivered. I am quite sure, therefore, that rent accrued due before the winding up the distress was Mr. Druce will, if his health is spared, rise to the occa illegal, and therefore, that, under the combined effect of the sion and make his address heard throughout the whole 138th and 85th sections, the court would restrain the same. of the assembly in whatever room the meeting may be

As to the current half-year's rent, it was submitted it was held.

apportionable, and that the distress could only be good so The society has taken lately a new start in many

far as regarded the apportioned part since the winding op respects. It now conducts its own examinations. It is

For the trustees it was sabmitted that the company

had deceived them into not enforcing their legal rights about to issue & calendar which will contain a great

earlier by the representations made to them in the corresdeal of valuable information, and if Mr. Keen can get

pondence, and that they were accordingly entitled, on the his way the society will probably before long possess a

authority of In re Great Ship Company (4 De G. J. & S. parliamentary representative. It also contemplates 63), In re Bastow (L, R. 4 Eq. 681), In re London Coctas legislation enabling solicitors to become members of the Company (L, R. 2 Eq. 158), In re Railway Steel and Plant bar without waiting three years. All these existing and Company (L. R. 8 Ch. D. 183), and In re Richards & Cow anticipated advantages should be celebrated in a manner pany (L. R. 11 Ch. D. 676), to proceed with their distress, worthy of the society. I think, therefore, advantage notwithstanding the winding up. FIELD, J., was of opinion may well be taken of the Brighton meeting for London that the motion must be refused. From the correspondence members to join the Brighton Law Society and thus

that had passed, and particularly from the letter of the 5th endeavour to make next year's provincial meeting a

of July, he considered that the trustees had been lulled into period to be noted in the history of the society, which,

not enforcing their legal rights by the representation that a taking its origin many years ago from a small source,

meeting of the company would be held to consider the

matter, and that the passing of the resolution for a winding has now spread, and is continuing to spread, its influence, exercised in the really good work done by the council, ! two of their previous letter, was only a device to avoid pas.

up, notice of which must have been given within a day or not merely in promoting the personal and pecuniarying the lessors. The principle laid down in the cases cited benefits of its members, but also those of the public at he considered to be this, that a person's legal rights in a large.

winding up were not to be interfered with where that penon

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