Page images
PDF
EPUB

Edwards, John, Canton, Cardiff, Draper. Oct 12 at 11.30 at offices of

Ladbury and Co, Cheapside. Cousins, Cardiff Elledge, Charles, Grove rd, Mile End, Boot Manufacturer. Oct 13

at 10.15 at 42, Sardinia st, Lincoln's inn fields. Archer, Bayard rd,

Peckham England, Frederick, Swansea, Glamorgan, Dealer in Fancy Goods.

Oct 12 at 12 at Merchants Association, Broad st, Bristol. Richards,

Swansea Evans, John, Newport, Monmouth, Stationer. Oct 20 at 11 at offices

of Parker, Commercial st, Newport Fieldhouse, Jonathan, Dewsbury, York, Draper. Oct 22 at 10.15

at offices of Scholes and Son, Wakefield rd, Dewsbury Foster, James, Dalston lane, Grocer. Oct 20 at 3 at offices of Old.

Foster, Dear, Gresham shorough, Northa. Peterborougat 2 at offices

Salmon, Robert George, Newcastle-upon-Tyne, Painter and Decora.

tor. Oct 17 at 2 at the Law Society, Newcastle-upon-Tyne. Emley)

Newcastle-upon-Tyne Shaw, John Enoch, Longport, Burslem, Stafford, Boat Builder. Oct

17 at 11 at offices of Ellis, Market pl, Burslem Shaw, Peter, Netherton, nr Dudley, Miner. Oct 12 at 4 at offices of

Stokes and Hooper, Priory st, Dudley Sheldon, Frederick, Eltham, Market Gardener. Oct 19 at 3 at offices

of Rickett, High st, Dartford Simms, John Edward, Copthall chbre, Moorgate st, Stock Broker,

Oct 24 at 3 at offices of Neave, Cheapside Smith, Alfred, Plumstead, Schoolmaster. Oct 14 at 12 at offices of

Learoyd and Co, Finsbury pevement Sparkes, James, Tiverton, Grocer. Oct 15 at 11 at Half Moon Hotel,

Exeter. Loosemore, Tiverton Spencer, Thomas Arthur, Manchester, Fancy Stationer. Oct 19 at 3

at offices of Simpson, Kennedy st, Manchester Spoor, John, Coxhoe, Durbam, Grocer. Oct 18 at 11 at offices of

Chambers, Sadler st, Durham Tempest. Joe Webb, Plumstead, ont of business. Oct 15 at 1 at

offices of Chapman, Gresham bldgs, Basinghall st Todd, John, Oldham, Draper. Oct 19 at 3 at offices of Watson,

Church lane, Oldham Tommas, Robert, Birmingham, Coal Merchant. Oct 17 at 3 at office

of Fallows, Cherry st, Birmingham Trodd, William Tunstall, Ipswich, Grocer. Oct 24 at 2 at offices of

Morley and Shirreff, Gresham House, Old Broad st. Pollard,

Ipswich Venables, Charles, Bloxwich, Stafford, Brickmaker, Oct 13 at 12 at

offices of Baker, Bridge st, Walsall Watts, Thomas, Wellingborough, Northampton, Boot Manufacturer.

Oct 12 at the Hind Hotel, Wellingborough (in lieu of the place

originally named). West, Horace Blair, Chatham, Commission Agent. Oct 17 at 3 at

the King's Head Hotel, High st, Rochester. Shakespear, Chatham Wheelwright, Joseph, Aston, Warwick, Jeweller. Oct 19 at 3 at

offices of Fallows, Birmingham Williams, Henry, Birmingham, Jeweller. Oct 17 at 11 at offices of

Free, Birmingham Wood, James, Woolwich, Licensed Victualler, Oct 13 at 12 at 10,

Coleman st. Peake, Woolwich Wragg, Benjamin, Stanton-in-the-Peak, Derby, Farmer. Oct 25 at

12 at the Red Lion Hotel, Bakewell. Stacey, Sheffield Yorwerth, Joseph, Bridgend, Glamorgan, Saddler. Oct 15 at 2 at the Grand Hotel, Broad st, Bristol. Stockwood, jun, Bridgend

Glema, Demetrius, Peterborough, Northampton, Schoolmaster. Oct

19 at 11 at offices of Mellows, Westgate, Peterborouga Goodall, Ralph, Silverdale, Stafford, Surgeon. Oct 20 at 2 at offices

of Slaney and Son, Newcastle-under-Lyme Griffith, John, Barmouth, Merioneth, Carpenter. Oct 19 at 11 at

offices of Davies, Dolgelley Griffiths, James Marcus, Bristol, Commercial Traveller. Oct 15 at

11 at offices of Beckingham, Albion chmbrs, Broad st, Bristol Haddock, Job, Newton-le-Willows, Lancashire, Watchmaker, Oct

18 at 3 at offices of Davies and Co, Market pl, Warrington Hayes, Jane, Oldham, Lancashire, Watchmaker. Oct 20 at 3 at

offices of Watson, Church lane. Oldham Hendley, William Thomas, Worcester, Licensed Victualler. Oct 18

at 11 at offices of Griffiths, Bridge st, Worcester Herbert, John William, Tipton, Stafford, out of business, Oct 13 at

11 at offices of Foster, Bennett's-hill, Birmingham Herzog, Carl, New Broad st, Watch Manufacturer. Oct 11 at 3 at

the Guildhall Tavern, Gresham st. Chidley, Old Jewry Hill, James, Burslem, Stafford, China Decorator. Oct 13 at 3 at

offices of Bennett, Piccadilly buildings, Hanley Hudson, Michael, Clare st, Clare Market, Grocer. Oct 13 at 2 at the

Masons' Hall Tavern, Masons' avenue, Coleman st Hughes, John, Llandudno, Carnarvon, Fish Dealer. Oct 18 at 2 at

Davies, Temple Dale st, Liverpool Hugon, Gabriel, and Edward Howard, Union ct, Old Broad st, Com

mission Merchants. Oct 20 at 2 at offices of Chapman, Pancras

lane Jeffery, John, Huddersfield, Wine and Spirit Merchant. Oct 20 at

3 at offices of Learoyd and Co, Buxton-rd, Huddersfield Jones, David, Aberdare, Grocer. Oct 17 at 12 at the Grand Hotel,

Broad st. Bristol. Linton and Co, Aberdare Jones, Thomas, Buckley, Flint, Tailor. Oct 17 at 11 at offices of

Mason, Bridge street row East, Chester King, John William, High Holborn, Shop Fitter. Oct 14 at 2 at

offices of Morris, Paternoster row Little, Edward Bayliffe, Lower Wield, Southampton, Farmer. Oct

17 at 2 at the Swan Hotel, Alresford. Best and Scotney, Win

chester Lowry, Daniel Harrison, Widnes, Lancaster, Grocer. Oct 17 at 3 at

offices of Beasley, Victoria rd, Widnes Lupton, Sackville, Pontypool, Monmouth, Brewer. Oct 15 at 3 at

offices of Williams, Dock st, Newport Marshall, Christopher, Pontefract, York, Joiner. Oct 18 at 2 at

offices of Spink, Pontefract Mason, Joseph, and James Hill, Darlaston, Stafford, Sheet Iron

Manufacturers. Oct 19 at 3 at offices of Ebsworth, Bridge st,

Wednesbury Matthews, William George, and William Binmore, Oldfield ter,

Acton Vale, Builders. Oct 13 at 3 at offices of Pettiver, College

st, College hill May, William Chaplin, Portland pl North, Lower Clapton, Printer.

Oct 14 at 3 at Inns of Court Hotel, High Holborn. "Goren, South

Molton st, Oxford st Moss, Frank, Albert rd, Peckham, Tobacco Dealer. Oct 15 at 3 at

Guildhall Tavern, Gresham st Needles, Gomer, Llandisilio, Montgomery, Licensed Victualler.

Oct 17 at 12 at Bull Hotel, Welchpool. Woosnam, Newtown Nokes, William, sen, Norwich, Licensed Victualler. Oct 17 at 12 at

offices of Sadd and Linay, Theatre st, Norwich Oliver, Charles, Sunderland, Durham, Metal Broker. Oct 18 at 11

at offices of Newlands, Ellison st, Jarrow-on-Tyne Phillips, John Carey, Cheltenham, Grocer. Oct 17 at 3 at offices

of Pruen, Regent st, Cheltenham Pitney, Matthew Henry, Reading, Berks, out of business. Oct 17 at

3 at offices of Newman, Friar st, Reading Porter, George, Carlisle, Engineer. Oct 19 at 3 at County Hotel,

Carlisle. Clutterbuck and Trevenen, Carlisle Potter, Thomas Edward, Bowness, Westmorland, Doctor's Assist

tant. Oct 20 at 1 at offices of Gatey, Bowness Powell, Charles Miles, Brighton, Dealer in Firewood. Oct 24 at 3

at ofices of Buckwell, New rd, Brighton Pratt, Middleton, Huddersfield, Engineer. Oct 14 at 3 at offices of

Clough and Brook, Queen st, Huddersfield Prebble, Edward, Thanington, Kent, Farmer. Oct 22 at 11 at the

Queen's Head Inn, Watling st, Canterbury. Fraser, Ashford Purchase, William Robert, Taunton, Somerset, out of business, Oct

17 at 11 at offices of Reed and Cook, Paul st, Taunton Ramsden, James, Bradford, York, Reed Manufacturer. Oct 17 at 11

at offices of Beverley and Freeman, Hustlergate, Bradford Rands, Sober Otto, Eye, Suffolk, Bookseller. Oct 24 at 2 at the

Threo Horse Shoes Inn, Eye. Pollard, Ipswich Rawson, Samuel, Birmingham, Potato Dealer. Oct 17 at 3 at offices

of Free, Temple row, Birmingham Richardson, Joseph, Newington Butts, Draper. Oct 17 at 12 at

offices of Savidge and Steward, Eastcheap Robins, John, Melcombe Regis, Dorset, Licensed Victualler. Oct 20

at 11 at offices of Aldridge and Aldridge, King st, Poole Robinson, William Hunter, Leadgate, Durham, Grocer. Oct 17 at

11 at the Royal Turf Hotel, Collingwood st, Newcastle-upon-Tyne.

Bell, Sunderland Rosser, Evan, Cadoxton-juxta-Neath, Glamorgan, Farmer. Oct 20 at 12 at offices of Williams, Great Western cumbrs, Neath

SCHWEITZER'S COCOATINA,

Anti-Dyspeptic Cocoa or Chocolate Powder. Guaranteed Pare Soluble Cocoa of the Finest Quality, with the excess of fat extracted.

The Faculty pronounce it “the most nutritious, perfectly digestible beverage for Breakfast, Luncheon, or Supper, and invaluable for Invalids and Children."

Highly commended by the entire Medica Press. Bring without sugar, spice, or other admixture, it suits all palates, Teeps better in all climates, and is four times the strength of cocoas THICKENED yet WEAKENED with starch, &c., and IN REALITY CHEAPER than such Mixtures.

Made instantaneously with boiling water, a teaspoonful to a Break. tast Cup, coating less than a halfpenny.

COCOATINA A LA VANILLE is the most delicate, digestible, cheapest
Manila Chocolate, and may be taken when richer chocolate is pro
hibited.
In tin packets at 18, 6d., 38., 5s. 6d., &c., by Chemists and Grocers,

Charities on Special Terms by the Sole Proprietors,
H. SCHWEITZER & CO., 10, Adam-street, London, W.C.

[merged small][ocr errors][merged small][merged small]

LONDON GAZETTE (published by authority) and LONDON and

COUNTRY ADVERTISEMENT OFFICE.

No. 117, CHANCERY LANE, FLEET STREET. LENRY GREEN, Advertisement Agent, begs to

direct the attention of the Legal Profession to the advantages of his long experience of upwards of thirty years, in the special inser. tion of all pro forma notices, &c., and hereby solicits their continued support.--N.B. One copy of advertisement only required, and the strictest care and promptitude assured. Official stamped forms for advertisement and file of "London Gazette" kept. By appointment.

SOLICITORS' BENEVOLENT ASSOCIATION.

INSTITUTED 1858.

For the Relief of Poor and Necessitous Solicitors and Proctors in England and Wales,

and their Wives, Widows, and Families.

The FORTY-SEVENTH HALF-YEARLY GENERAL MEETING of the Members of this Association will be held on the Morning of Wednesday next, the 12th of October, in the PAVILION, at BRIGATON, when the Board of Directors will present their Half-yearly Report, Directors and Auditors will be elected for the ensuing year, and other general business transacted. The Chair will be taken at Ten o'clock a.m.

THOMAS EIFFE, Secretary. 9, Clifford's-inn, London, E.C., October 8, 1881.

To SOLICITORS and CAPITALISIS.-Wanted

TO SOLICITORS' CLERKS.

C22,000 and £80,000 to be Lent on First-class FreeQUE METROPOLITAN BOARD of WORKS is I hold Estate of ample value at 3}_per cent., also £180,000 to

about to appoint two Assistants in the Solicitor's Department | lend on Mortgage of Borough, Poor, or County Rates at 4 per cent of the Board, one at a commencing salary of £120 a year, rising by

-Apply to A. WOOLLETT & RAYNER, 7, Red Lion-square, London, annual increments of £10 to £150, and the other at a commencing

W.C. salary of £100 a year, rising by annual increments of £10 to £150. The age of candidates for the first place must be between 25 and 33 SEVERAL SUMS to be ADVANCED on MORTyears, and the age of candidates for the second place must be D GAGE.--On Freeholds at 4 and 4} per cent., and on Lease. between 21 and 28 years. Candidates must be thoroughly acquainted holds at 5 per cent.--Apply to Messrs. MEAD & Soss, Solicitors, with the ordinary duties of a Solicitor's office, their handwriting

5, Jermyn-street, S.W. must be good, and they must have some experience in the conduct of formal proceedings in the High Court of Justice. It would also be an advantage if the Candidates had some acquain.

W ANTED to BORROW Sever or Eight Thousand tance with the practice of the Metropolitan Police Courts.

Pounds, in various sums, upon new and excellent well-letting Applications for these appointments must be by letter, and every Weekly Property. Rate not to exceed Six per cent.-Apply, ALPHA, applicant must state distinctly which of them he desires to obtain. care of Mr. B. Butler, 48, Gilpin-grove, Edmonton. He must give full particulars of age, qualifications, and experience, and his application must be accompanied by testimonials as to character, business capacity, and other qualifications.

To SOLICITORS, TRUSTEES, and Others.Applications must be addressed to “The Clerk of the Metropolitan I Wanted £30,000, at 4 per cent., upon good Freehold Security, Board of Works, Spring-gardens, London, S.W.." and must be de -F. W., 181, Isledon-road, N. livered at this office not later than two o'clock on Saturday, the 15th of the present month. Any application not in strict conformity with the terms of this advertisement will not be laid before the Board. J. E. WAKEFIELD, Clerk of the Board.

Advances, by way of Mortgage, upon good Freehold SecuaSpring-gardens, S.W., October 5, 1881.

rities.-J.M., 84, Finsbury-park-road, Finsbury. TK ING'S COLLEGE, LONDON.-A Lecure on LREEHOLD GROUND RENT for SALE. - £675 the recent alteration of the law relating to the FORFEITURE

per annum (in one collection) secured upon property in best of LEASES for BREACH of COVENANT, will be delivered by JOIN part of City, recently rebuilt. Short Lease. Rack rental valms CUTLER, Esq., Barrister-at-Law and Professor of Jurisprudence, on about £1,300 per annum. Price £15,525, paying nearly 4 per cent Wednesday, October 12, at 7 p.m. Admission free on presentation --Apply to THOMAS ORR & Co., 123, Newgate-street. of visiting card.

This lecture is introductory to the Evening Class in Law for the ensning Winter Session, for Syllabus of which, with particulars of

T AW.-Conveyancing or Managing Clerkehip in Prizes offered by the Lord Chief Justice of England and others,

U town or country wanted by a Solicitor, age 36 (Prizeren apply to the SECRETARY, at the College.

Incorporated Law Society), experienced in most branches Cord

undertake advocacy. Highest references. Salary moderate -A. TAW STUDENTS' DEBATING SOCIETY.

dress, ALPHA, 27, Baker-street, London, W. Established 1836.

I AW.—Wanted by a Gentleman (admitted), of eight This Society will recommence its weekly meetings on Tuesday U years' experience, an appointment as Managing Clerk iz s Evenings, at the Law Institution, on the 25th October next.

Solicitor's office, either in Town or Country. A small Partnere The objects of the Society are for the discussion of Legal and would be negotiated for.--Address, E. G. Ho, Messrs. Deacons, 154 General Questions, the delivery of an address or lecture or the read.

Leadenhall-street, E.C. ing of a paper by any one, whether a member of the Society or not. Solicitors, Barristers, and Law Students who have been articled, and Students of the Inns of Court or any of the Universities, are

I AW.-Re-engagement Wanted, in City Office, qualified for election. All members of the Incorporated Law Society

U as Conveyancing, or Conveyancing and Shorthand, Cert. are Honorary Members. The Society is a corporate member of the

', Conveyancing under slight supervision, Shorthand, 16 wunds KT Social Science Association.

minute. Excellent references. Salary moderate.-LEX, 1, Tae Gentlemen desirous of becoming members should communicate Terrace, St. George's-square, Upton, E. with the Hon. Secretary, T. B. NAPIER, 1, Mitre-court-buildings, Temple.

NHANCERY.-WANTED, by a Lincoln's-inn firm,

whose Chancery business is chiefly administrative, a Demy Svo, cloth, price 14s.

MANAGING CHANCERY CLERK, able to condnct such business ELECT TITLES from the DIGEST of JUS. under supervision. ---Address, stating age, previous experience, a D TINIAN. By T. E. HOLLAND, D.C.L., Chichele Professor of

salary expected, to V. R., care of Messrs. Street Brothers, 5, Serie International Law and Diplomacy, and Fellow of All Souls' College,

street, Lincoln's-inn-fields. Oxford ; and C. L. SHADWELL, B.C.L, Fellow of Oriel College, Oxford.

A SOLICITOR, admitted January, 1880, who was Also in Parts :

A articled to a City firm of good standing, desires a Partnerskin, PART 1. INTRODUCTORY TITLES, 8vo, sewed, 28. 60.

or Clerkship with view thereto. Advertiser has command of the PART II. FAMILY LAW. 8vo, sewed, ls.

capital.-Address, H, H., at C. H. May & Co.'s General Advertis PART III. PROPERTY LAW. 8vo, sewed, 28. 6d.

Offices, 78, Gracechurch-street. PART IV. LAW of ORLIGATIONS (No. 1). 8vo, sewed, 3s. 60. PART IV. LAW of OBLIGATIONS (No. 2). Svo, sewed, 4s. 60. TO SOLICITORS and Others.-No. 2, Red LionLondon: HENRY FROWDE, Clarendon Press Warehouse, 7. Paternoster-row.

L square, Holborn, W.C. (once the residence of Justice Black tone ), to be Let on Lease. These splendid Premises, just to

gone thorough structural and decorative repair, eminently aisy te Just out, Fifth Edition, price 5s., nett.

for Professional and Residential Purposes, or would be let : TIINTS on ADVOCAOY, including Examples of floors for Professional Purposes.-Apply, Messrs. SMITH & Gali, Eighteen Types of Witnesses, and the mode of Cross-ex.

Milton-street, Cripplegate, City. amining them. By RICHARD HARRIS, Barrister-at-Law, of the Middle Temple and Midland Circut.

TO SOLICITORS, BARRISTERS, and OthersLondon: WATELOW Bros. & LAYTOX, 24, Birchin-lane.

1 Chancery-lane, 57 and 58 (New Courts Chambers). c

Residential Chambers in convenient suites of Rooms in De THE CHURCH PREFERMENT GAZETTE and commanding stone-built premises.-Apply ExQTIRI OFTILIUS (issned Monthly), containing full particulars of Advowsons,

the premises. Presentations, &c., for Sale, together with useful advice to purchasers, should be referred to by every purchaser. Edited by Mr.

O FFICES or CHAMBERS.—THREE quiet and W. EMERY STARK (Associate Institute of Actuaries, F.R.G.S.,

convenient ground - floor ROOMS, suitable for a fire il &c ).- Address (enclosing six stamps), Messrs. W. EMERY STARK- | Solicitors, to be LET, at once.--Apply on the premises of & 3, Bedford-street, Strand.

| HODGKINSON & Sox, 161, New Bond-street, W.

Office

[ocr errors]

LONDON, OCTOBER 15, 1881.

.

.

.

.

.

..

.

.

.

.

.

.

.

.

.

.

.

[ocr errors]
[ocr errors]

provoke so serious a disturbance of the peace as to call for their prevention may be true. But when directions are given with reference to such a contingency, we should

have looked for some caution or warning that nothing but CONTENTS.

clear necessity would warrant such an inversion of the usual order of things, and that magistrates will not dis

charge their duty by adopting this easy method of CURRENT TOPICS ............ THE PROCEDURE COMMITTEE'S REPORT ......

saving themselves trouble in any case where, by the THE PRACTICAL EFFECT OF TIE CONVEYANCING ACT .......... 895

exercise of reasonable energy, they could have protected CORRESPONDENCE .....

the subjects of the Crown in the enjoyment of their legal CASES OF THE WEEK

rights. In re The Working Men's Mutual Society (Limited) ........

In re A Solicitor ....................... SOCIETIES I....................

...... 897 Now THAT THE REPORT of the Legal Procedure ComTHE LEGAL PROCEDURE COMMITTEE'S REPORT ....

...... 911 mittee has appeared, the question arises how far their LEGAL APPOINTMENTS ........

suggestions can be adopted without the authority of COUPANIES ....

916 Parliament. What is the general power of making rules, CREDITORS' CLAIMS ...........

916

and whence is it derived ? The power is of a very exLEGAL NEWS ...................

..................... 917

tensive character, and it is derived from sections 16 and LONDON GAZETTES, &c., &c.....

..................... 917

17 of the Act of 1875. Section 16 enacts that the rules of court scheduled to the Act “may be annulled or

altered'' by the judges, and section 17 gives power to CURRENT TOPICS.

“alter and annul any rules of court for the time being in force" and to“ make any further or additional Rules

of Court for carrying the principal Act and this Act" (of NOTWITHSTANDING THE ARRANGEMENTS which were com. pleted long ago for the transfer of the chief clerks of the

| 1873] “ into effect, and in particular for all or any of the

following matters, so far as they are not provided for by Master of the Rolls (now of Mr. Justice Chitty) to the

the rulesi n the first schedule i.e.-for regulating (1) sitRoyal Courts of Justice, no further steps have yet been taken. The rooms are ready for their occupants, but the

tings, (2) pleading, practice, and procedure, and (3) - 2nd of November is likely to arrive before the transfer is

generally, for regulating any matters relating to the

practice and procedure of the courts, or the duties of the effected.

officers, or to the costs of proceedings."

This is the general power, and the only section EXPRESSIONS OF OPINION reach us on all hands as to the expressly restricting it is the 20th, which is as follows :brilliant success of the Brighton meeting of the Ipcor

“Nothing in this Act, or in the first sobedule hereto, or porated Law Society. The arrangements made by the

in any rules of court to be made under this Act, save as Sussex solicitors for the comfort and enjoyment of their

far as relates to the power of the court for special rea. guests were admirable, and in every respect the meeting song to allow depositions or affidavits to be read, shall deserves to rank among the best of the provincial meet. affect the mode of giving evidence by the oral examinasings of the society.

tion of witnesses in trials by jury, or the rules of evidence, or the law relatiog to jurymen or jaries."

With regard to this last saving, we suppose that the THE PAULT of the letter which the Home Secretary has reference is to the law of summoning juries as consent to the Stamford magistrates with reference to the tained in the County Juries Acts of 1825 and 1862, Salvation Army processions lies not in what is said and the Jurors Act, 1870, and to the law of swearing but in what is omitted to be said. It is stated that | and unanimity of juries, and also to the right of the * such processions, not being illegal in themselves, party, so far as it exists, to have his action tried by a cannot, in the absence of other circumstances, be legally jury. We observe, however, that in resolution 20 prevented; but where they provoke antagonism and lead the procedure committee suggest that “neither party to riotous collisions, and where the peace of the town shall have the right” to have actions of which the would be endangered if they are allowed to continue, the subject-matter does not exceed £200 “tried by special magistrates should by every means in their power jury." Surely a rule carrying out this suggestion would . endeavour to prevent them.” The magistrates are recom. be ultrà vires, looking to the provisions of section 20, mended, in case they have reason to believe that the above set out, and to section 109 of the Common Law processions will lead to a breach of the peace, to cause Procedure Act, 1852, wbich enacts that “in any county, & sworn information to be laid before them by except London and Middlesex, the plaintiff in any the chief constable, showing grounds why, in his judg. action, except replevin, shall be entitled to have the ment, if the processions continue, a breach of the peace, cause tried by a special jury, upon giving notice in and probably a riot, will be the result; the magistrates writing," &c. thereupon issuing notices probibiting the processions, But are there any implied restrictions upon the power -and using force to prevent them if persisted in. to make rules? There is, of course, the implied restric

This may be a correct view of the law, and the course tion that the rules may not conflict with th3 Acts them. suggested may, under some circumstances, be the right selves. And in ordinary cases of Acts conferring a one. But where are the cautions with which we should rule-making power there would be the further implied have expected to see such recommendations guarded ? restriction that the rules should not conflict with any Primâ facie, a breach of the peace calls for repression other Act of Parliament. Does this implied restriction and punishment of those who guilty of it, and protection exist in the case of Rules of Court, or does it not ? of those who are assaulted or threatened, not an interrup. Rules hitherto made have sailed round this difficulty tion of the liberty of those against whom violence is prac. in an ingenious manner. When it was found that tised. That acts in themselves perfectly lawful may | Turner's Act was inconvenient, a Rule of Court abstained

from repealing Turner's Act, but directed that no further proceedings should be taken under it; and a similar courso THE PROCEDURE COMMITTEE'S was taken with Keating's Act. It was evideatly in contemplation of Parliament itself

REPORT. that legislative aid would have to be invoked, for the 75th section of the Act of 1873 directs that,

When the Judicature Act was passed in 1873, and when A council of the judges , i. shall assemble once it was amended in 1875, it was taken as a fundamental at least in every year ... for the purpose of con- proposition, and as the leading principle of the proposed sidering the operation of this Act and of the Rules of reform, that the practice and procedure of all branches Court for the time being in force, ... and they shall of the higher courts of justice, as well as the law adminisreport annually to one of her Majesty's principal Secre- tered by them, should be made harmonions and en fara taries of State what (if any) amendments or alterations

possible, uniform. With this view a single Court of it would, in their judgment, be expedient to make in this

Appeal was constituted, which was to hear appeals in. Act, or otherwise relating to the administration of justice,

differently from all the divisions of the High Court. And and what other provisions (if any) which cannot be carried into effect without the authority of Parliament, it would be ex

although in the conduct of business this Court of Appeal pedient to make for the better administration of justice."

was necessarily divided, the members of it were intended

to be, and to a great extent have been, ambulatory We have never heard of any annual meeting under between its branches. Had the intention been more this Act, and the only report made public has been that fully carried out, we can have no doubt that the end of the extraordinary meeting which resulted in the would have been more perfectly attained. But even as abolition of the Common Pleas and Excheqner Divisions. | it is, much has been done towards the assimilation of the However this may be, there seems to be some prospect that practice. some of the suggestions of the procedure committee

By the Judicature Acts and the orders made under may fail for want of power to carry them out. It would,

them facilities were also provided for disposing of the of course, be hard, if not impossible, to frame an ex

whole proceedings in an action before a single judge, and, haustive list showing what suggestions, if not embodied

though the multitudinous sittings in Banc were not in rules, would be ultrà vires, and what would not. To

| abolished, it was anticipated that they would be to a the greater number no objection could be taken. Plead

great extent rendered unnecessary, and their functions ing, discovery, notice to admit-all these and many moro

to a large extent divided between the single judge and are subjects well within the rule-making power.

the Court of Appeal. This method of dealing with But the abolition of the right to a special jury we have

cases was further enforced by the Appellate Jurisdiction shown to be clearly outside that power. Debtors' sum. Act and subsequent orders, and it cannot be doubted monses, we should imagine, depend upon the Bankruptcy that the effect produced by this course has been most Act for the time being. The Judicature Act provides for ' beneficial. official referees; how can Rules of Court discontinue

Difficulties of various kinds, however, have arisen in them?

the working of this scheme, and, as our readers know, a

committee has been appointed by the Lord Chancellor toTHE RESOLUTION of the Legal Procedure Committee,

report, and has since reported, upon these matters, which suggests the employment of “official shorthand

the occasion of its appointment being the abolition of writers to attend in court and take a note of so much of

the Common Pleas and Exchequer Divisions and

their absorption into the Queen's Bench Division; the the evidence and of such proceedings as the court shall direct in every case," will require careful consideration

subject-matter of inquiry being limited to that Divi. before it is put in practice. It is hardly to be

sion. The occasion, as well as the limitation, furnish an

indication that the assimilation of practice has been expected that a judge will constantly during a trial direct the shorthand writer what evidence to

less complete than might have been, and was, antici, take down ; the result will probably be that, in every

pated. case, the writer would take a full report, not a mere

In examining this report it will be at least natural to “note," of everything that passes in court. The re

inquire how far it proceeds upon the lines of the original port, when taken, would remain the property of the court

design oi the Judicature Acts, and how far it departs in the hands of the official who would be charged with the

from or runs counter to them. For although it would be duty of transcribing it when required. How are the new

absurd to consider that scheme as a final law from officials to be paid ? The usual charge now made by a

which we could not depart, however injurious it might shorthand writer is a guinea for taking each case, and

be shown to be, yet it is entirely contrary to principle he derives his principal profit from transcribing his notes, and common sense to forsake without the greatest reason Irr order to insure the exclusive services of these gentle

a system and method of reform which has been demen it would seem that they must be paid by salary, and liberately accepted by the Legislature and adopted in that the authorities must collect the payments for their

practice. It will be necessary, therefore, to consider services from the suitors in the shape of fees. It would

the recommendations and proposals of the committe, be necessary then, when a cause is set down, that the

not merely in an abstract sense, but under the guidance party entering it should, in addition to the present fee of

of this consideration. If a variation is proposed it must £2, pay an additional fee of a guinea or £1 for the official not be a variation which is modelled upon the antecedent shorthand writer, and he would be liable afterwards to practice in such a way as to be inconsistent with the pay the cost of a transcript, if directed by the judge,

principles of the new organization. But if the new subject to his getting back a portion from the other side.

organization is proposed to be altered it should be done The employment of ofhcial shorthand writers will not, we | in such a way as still to remain consistent with itself. may ussume, obviate the necessity which now exists for It may be convenient to commence with the recom. the judge himself taking some sort of note of the evi. mendations which stand last in the report. We are dence for the purpose of his summing-up or of his judg. told, and it is no doubt true, that the different methods of ment, unless, indeed, in addition to his other accomplish. taxation practically followed in the Divisions of the High ments, he adds the ability to read off from another Court have done much to divert business into that person's shorthand. Although it is more than probable channel where solicitors obtain the best remuneration ; that a very considerable revenne might be derived from and as this can be no satisfactory ground for appropriatthe employment of official shorthand writers remunerated ing business to one court rather than another, we are not in the manner here sketched out, it appears that the surprised to find the committee desire that all such disresult of such employment will be to impose an additional tinction should be not only theoretically but practically burden on litigants.

abolished. But the odd thing about this matter is that

while the courts between which this motive really dispense with the usual stipulation about the expense of operates in disturbing the current of business are the verifying the title. We are clearly of opinion that subChancery Division and the Queen's Bench Division, the section (2) cannot be relied upon, inasmuch as it does Committee“ do not presume to offer any remarks upon not provide against objections to the enfranchisethe system of costs in the Chancery Division,” though ment ascertained aliunde, and that the same necesrecommending the subject to the Lord Chancellor's sity as now exists will continue to exist when the attention. And on the other hand, the terms of their Act has come into operation, for inserting the usual recommendation that “there shall be a uniform conditions upon a sale of enfranchised copyholds. Subscale and system of costs in contentious busi. sections (3), (4), and (5) present considerable diffiness in all the divisions of the High Court " culty. They are subject to the condition, unless the in fact expresses only what is contained in the existing contrary appears; and to us this appears to be of such rules upon the subject, whilst the following limitation, ambiguouis meaning, that we shall certainly expect which restricts the recommendation to “ business not its interpretation in no long time to come before the assigned by the Judicatura Acts to a Division other than courts, if these sub-sections are at all widely used in the Queen's Bench Division,” excludes from its scope practice. In other respects, these sub-sections are the whole mass of matters referred to in the first and stringent against purchasers; and their aid may not fifth branches of section 34 of the Judicature Act, 1873, improbably be invoked at sales by auction. although such matters are litigated-as they now may be in the Queen's Bench Division itself. Putting

V.-GENERAL WORDS. together these recommendations of the committee, it

Section 6, which applies only to conveyances made would appear that their effect will be the very opposite

after the commencement of the Act and in the absence of that which, judging from their preamble, they have

of a contrary intention, consists mainly of three lists of designed

“general words," the first of which is to be deemed to be included in every conveyance of “land," the second in every conveyance of “land having houses or other

buildings thereon," and the third, in every conveyance THE PRACTICAL EFFECT OF of " a manor.” The reader who turns to the interpretaTHE CONVEYANCING ACT.

| tion clause, and there finds that“ land, unless a contrary

intention appears, includes ..houses and other IV.-CONDITIONS OF Sale (continued),

buildings,” will gather fresh evidence of the justice The Act seems to have found its first victim in our cor- of what we said in a former article about the general respondent whose letter we print in another column. | tendency of interpretation clauses. The pitfall into which he has tumbled was hidden with no If the reader looks through the lists of “general little craft, and the moral which his letter points is omin. words " in common use, he will find that the expressions ous to the unwary who stray amid these mazes. In our last there used are divisible into three classes -(1) those article, speaking with reference to section 3, sub-section which denote things which are parcel of the heredita(1), we remarked that under a contract to grant an ments expressed to be conveyed ; (2) those which refer under-lease de novo (as distinguished from a contract to to easements and rights legally appendant or appurtensell and assign an already existing under-lease), the in- ant to the hereditaments expressed to be conveyed ; and tended under-lessee can still call for the leasehold title. (3) those which refer to easements and rights of a like Our correspondent thinks he has detected us in “a general character, not legally appendant or appurtenant singular oversight," and refers us to section 13, sub-sec. | to the hereditaments expressed to be conveyed, and which tion (1), which runs as follows:

therefore would not pass by a mere conveyance of the “On a contract to grant a lease for a term of years latter, but which are capable of being granted de novo to be derived ont of a leasehold interest, with a leasehold and made appurtenant to the hereditaments aforesaid by reversion, the intended lessee shall not have the right to the deed of the conveying party or parties. As regards call for the title to that reversion."

the first class, their insertion is worse than useless, for it But our correspondent has by a singular oversight not only can never do any good but it may possibly do himself omitted to notice that this contemplates only the harm. Cases have occurred where the mention of some derivation of a sub-sub-lease out of a sub-lease ; while the of those things in the general words has been construed, case supposed by our criticism, and apposite to the sec- probably against the intention of the parties, to indicate tion which we were then considering, contemplated the the exclusion of others (see Dennison v. Halliday, 5 W. R. derivation of a sub-lease out of a lease. We understand 357). And here we may mention, in passing, that the the Act to permit inquiry into the title under which the forms given in the Act seem (at least the first two) to be lease (i.e., the term upon which the reversion is freehold) faulty even in this respect; but we shall not stay to dis. is held in the latter case and to exclude such inquiry in cuss this point. As to the second class, their insertion the former case. We think, not only that the Act un- | is superfluous, because things appendant and appurtenquestionably says this, but that it fully meant to say so ; | ant pass, without being mentioned, along with the and we even approve of the distinction set up between hereditaments to which they are appendant or appurten. the two cases. But what are we to say to the genius of ant; but the insertion of them does no actual harm. As arrangement which placed such closely connected pro to the third class, the insertion of them is often necessary visions widely apart under quite diverse headings? We to carry out the intention of the parties. For example, shall presently have occasion to notice some other ex. it sometimes happens that an easement, not so indispenamples of the same pepper-box distribution. And we sable as to be an easement of necessity and yet necessary add, to prevent further misapprehension, that we pur- i to the commodious enjoyment of the dominant tenement, posely omit to discuss the precise import of “the right becomes legally extinguished by the same owner beto call for the title to that reversion.”

coming seised in fee simple of both the tenements. If We have now to express our opinion upon the prac this owner should afterwards separate them, by conveying tical utility of the sections which have just been dis what was formerly the dominant tenemont to a purcussed. We think that sub-section (1), since it fails chaser, the latter would not obtain with the tenement to protect the vendor against objections to the leasc- the benefit of the formerly existing easement, unless hold title ascertained aliunde, cannot be relied on ; that benefit should be oxpressly granted to him. Such that sub-section (7) will make it in future needless to a grant, though express, is not necessarily specific, but stipulate that a purchaser of several lots shall not be | may be made in general terms; and these may be con. entitled to more than one abstract of the common title, tained in the general words; and in all cases where except at his own expense; and that sub-section (6), there is any chance that any such extinguished easements though capable of improvement, may perhaps serve to may need to be revived, or rather, granted afresh, pro

« PreviousContinue »