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thing without that defect. Here the evidence was all one way; if the THE COURT (A. L. SMITH, CHITTY, and COLLINS, L.JJ.) dismissed the orchid had been what it was warranted to be- it would have been worth appeal. probably £100, certainly more than £20, and if the county court judge A. L. SMITH, L.J., in delivering judgment, said the question here was had jurisdiction to give damages exceeding £50 he did not see why the whether the learned registrar was right in refusing to make an order for plaintiff's claim should not exceed that figure. It was admitted that the the issue of a bankruptcy notice. The registrar had decided rightly. He description in the catalogue was a warranty that it was an Alba, and that was bound by the decision of Re Watson. That case was quite clear. the warranty was not true. Appeal allowed with costs.
The learned judge then read section 3 of the Judgments Extension Act, Counsel for the appellant asked that the appeal should carry the costs 1868, and section 4, sub-section 1 (9), of the Bankruptcy Act, 1883. The of the action also.
latter Act did not extend to Scotland, and it was quite clear to him that Day, J., said that the appeal being allowed costs followed as a matter
the words "final judgment” in section 4 only applied to a judgment of course. The costs of the action must depend on the result of the new
obtained within the area to which the Act applied, and not to a judgment trial. Counsel for the defendant said this a test action, and obtained in Scotland. The applicant, therefore, could not bring himself therefore of great importance to his client. Unless the county court
within that Act. Then it was said on his behalf that he was not confined judge decided against the expression of opinion of that court as to the
to that Act but could fall back on the Judgments Extension Act, and it basis upon which the quantum of damages was to be calculated, his client
was contended that section 3 gave power to issue a bankruptcy notice. would inevitably have to pay the costs of both trials. He pressed,
However, it was impossible to read that section without reading section 4 therefore, for leave to appeal. The court decided that leave to appeal of the Bankruptcy Act of 1883, and in so reading it it was clear that its ought to be granted. -COUNSEL, C. A. Russell, Q.O., and Tweedale ;
scope was limited and that it extended “in so far only as relates to
execution under this Act." Montague Lush. SOLICITORS, Chester f. Co., for Boddington & Ball, Man. chester; Grundy, Kershaw, Saxon, & Samson, Manchester and London.
CHITTY, L J., in his judgment, said that the words "final judgment
in section 4 of the Bankruptcy Act meant only final judgments in courts [Reported by ERSKINE REID, Barrister-at-Law.]
having jurisdiction in England. This section cut down the scope of
section 3 of the Judgments Extension Act, and limited it only to MILLARD v. WASTALL. Div. Court. 20th Jan. executions under the Bankruptcy Act. Re Watson was
a clear PUBLIC HEALTH - NUISANCE - BLACK Smoke-Notice-Works-PUBLIC authority on this point, and there was no conflict between that case and HEALTH Act, 1875, s. 94.
COLLINS, L.J., concurred. Appeal dismissed with costs.--Counsel, under the Public Health Act, 1875, s. 95, for non-compliance with a
SOLICITORS, G. M. notice served on him by the local authority under section 94, requiring him Folkhard ; Hicks, Arnold, g Mozley. to abate a nuisance of black smoke. The preliminary objection was
[Reported by E. G. STILLWELL, Barrister-at-Law.! taken to the proceedings that the notice omitted to state what works or
Re PALMER, Ex parte BRIMS. C.A. No. 1. 14th Jan. things were necessary in order to abate the nuisance. The justices before whom the proceedings were taken thereupou dismissed the summons.
BANKRUPTCY-JUDGMENT DEBT - EQUITABLE ASSIGNMENT OF DEBT-RIGHT Section 94 provides: “On the receipt of any information respecting the
TO ISSUE BANKRUPTCY NOTICE -BANKRUPTCY Act, 1883 (46 & 47 Vict. existence of a nuisance the local authority shall, if satisfied of the
c. 52), s. 4, SUB-SECTION 1 (G) - BANKRUPTCY ACT, 1890 (53 & 54 VicT. existence of a nuisance, serve a notice on the person by whose act or
c. 71), s. 1. default or sufferance the nuisance arises or continues
requiring This was an appeal from an order made by Mr. Registrar Brougham, him to abate the same within a time to be specified in the notice, and to setting aside a bankruptcy notice. Sir Charles M. Palmer, the debtor, execute such works and do such things as may be necessary for that was in partnership with one Martinez Rivas, a Spaniard. In 1889 this purpoee.
firm entered into a contract for the construction of certain docks in The Court (Day and Lawrance, JJ.) dismissed the appeal. They Spain. Whilst this work was being carried out the firm was turned into were of opinion that it was unnecessary for the local authority in their
a Spanish company. Money became due to the contractor, Brime, and notice to suggest works to be done where the nuisance complained of was
he in September, 1892, issued a writ against Palmer & Rivas to recover the a nuisance of black smoke. Counsel, F. Low. SOLICITORS, Meredith & Co., Palmer entered an appearance and made a counter-claim; but he subse
sum of £16,273. Judgment in default was signed against Rivas, but for Hubbard, Ramegate.
quently, in November, 1893, allowed judgment to be signed for the [Reported by C, G. WILBRAHAM, Barrister-at-Law.]
amount clainied, part of which he subsequently paid. Palmer then requested Brims to go to Spain and see what money he could obtain from Rivas and the company, it being agreed between Brims and Palmer that
any money the former might succeed in obtaining there should not affect Bankruptcy Cases.
the latter's liability to pay the balance. Brims proceeded to Spain, and Re AN APPLICATION FOR THE ISSUE OF A BANKRUPTCY NOTICE. an arrangement was concluded whereby all the creditors, whether of the C.A. No. I. 21st Jan.
old firm or the new company, were to receive bills of the company as
security for their debts. In March, 1890, the company gave Brims a bill BANKRUPTCY-Scotch JUDGMENT/JURISDICTION TO Issue BANKRUPTCY for £10,866, dated October, 1894, payable two years after date. Just NOTICE IN ENGLAND-JUDGMENTS EXTENSION ACT, 1868 (31 & 32 Vict. c.
before this bill became due Rivas offered to pay all his creditors seven 54), s. 3-BANKRUPTCY Act, 1883 (46 & 47 Vict. c. 52), s. 4, sub
shillings in the pound, and, Palmer consenting, Brims received that com. SECTION 1 ().
position. Brims thereupon gave a receipt stating that he had received a This was an appeal from Mr. Registrar Giffard. In this case applica- certain sum in full for the purchase of all his claims, whether ascertained tion for an order to issue a bankruptcy notice was made. Mr. Registrar or unascertained, against the late firm and the company or either of them, Giffard had refused to make the order. The application was originally and, in consideration of the said payment, Brims undertook, if and when made ex parte, when the court, thinking the point was an important one, called upon, to execute a due assignment of all his claims, as above, to ordered the other side to be served with notice. The facts of the case Martinez Rivas or his nominee. It was etated that Palmer was not aware shortly are as follows: The applicant obtained a decreet or judgment in of the form of this receipt. Brims then served a bankruptcy notice on Scotland last year for upwards of £1,000 against the debtor. On the 11th Palmer in respect of the judgment debt. This notice the registrar set of December this was, under section 3 of the Judgments Extension Act, aside on the ground that Brims, by virtue of the document containing the 1868 (31 & 32 Vict. c. 54), registered in England. On the 14th of above receipt, bad assigned the debt to Rivas. Brims appealed, and the December the applicant lodged the papers and applied under section 4, main question for the court was whether Brims was in such a position sub-section 1 C), of the Bankruptcy Act, 1883, for the issue of a bank- that he could issue a bankruptcy notice. For the appellant, Brims, it ruptcy notice founded upon the scotch decreet. The registrar refused was contended that there had been no assignment, and that even if there to make the order, holding that he was bound by the case of Re Watson, had been it was only an equitable assignment, and that therefore he had Ex parte Johnston (41 W. R. 34; 1893, 1 Q. B. 21). By section 3 of the a right of action against the debtor, and a bankruptcy notice could be Judgments Extension Act, 1868, it was provided that where a decreet has issued. The case of Ex parte Dearle, Re Hastings (33 W. R. 410, 14 been obtained in the Scotch “ Court of Session” for the payment of any Q. B. D. 184) was cited. For the respondent it was contended that this debt, damages, or expenses, a certificate of an extract thereof registered in case was distinguishable from that one. Though the assignment here the Court of Common Pleas at Westminster shall have the effect of a might only be an equitable one, yet Brims was not the person for the judgment of that court. Section 4, sub-section 1 (g), of the Bankruptcy time being who was entitled to enforce the judgment within the meaning Act, 1883, provides that a debtor commits an act of bankruptcy if a of section 1 of the Bankruptcy Act, 1890, and consequently he could not creditor has obtained " final judgment” against him, and has served on within section 4, sub-section 1 (g), of the Bankruptcy Act, 1883. Section him a bankruptcy notice under this Act requiring him to pay the judg. 1 of the Bankruptcy Act of 1890 provides (inter alia) that“ any person ment debt, and he does not within seven days after service of the notice who is for the time being entitled to enforce a final judgment shall be either comply with the requirements of the notice or satisfy the court he deemed a creditor who has obtained a final judgment within the meaning has a counter-claim, set-off, or cross-demand which equals or exceeds the of section four of the principal Act" (the Act of 1883). amount of the judgment debt, and which he could not set up in the THE COURT (A. L. SMITH, CHITTY, and COLLINS, L.JJ.) allowed the action in which the judgment was obtained. For the applicant it was appeal. contended that the effect of registering the Scotch decreet in England was A. L. SMITH, L.J., after stating the facts of the case at length, said : I to place it in the same position as a judgment in England, and the appli- am not going to-day to decide whether there has been an assignment of cant was therefore entitled to an order to issue à bankruptcy notice. the judgment debt. It seems to me that Brims is a judgment creditor of Re Watson must be taken to be overruled by Re Low, Bland v. Low (38 the debtor, and he is entitled to issue a bankruptcy notice. SOLICITORS' JOURNAL 78; 1894, 1 Ch. 147). If the effect of registering a opinion the judgments in the case of Ex parte Dearle shew this. In my decreet under the Judgments Extension Act was intended only to apply to judgment he is entitled to do so whether you look at the case uuder executions the Act would have said so. For the debtor it was contended section 4, sub-section 1 (g), of the Act of 1883 or under section 1 of the that Re Watson was binding on the court.
Act of 1890.
In my CHITTY, L.J., in concurring with the above, said : Sir Charles Palmer is undoubtedly a judgment debtor. Brims is the judgment creditor, and
THE LAND TRANSFER ACT, 1897. he has a perfect legal right to issue a bankruptcy notice and enforce his judgment. The legal document which has been referred to is at most, in REPORT OF THE GENERAL PURPOSES COMMITTEE OF THE LONDON COUNTY my opinion, an equitable assignment of the judgment debt, and the
COUNCIL. estate remains vested in Brims. Even assuming it to be a good equitable
21st January, 1898. assignment then Brims would be a trustee, and I cannot say he does not On the 30th of November a prelimivary report was made to the Council come within section 4, sub-section 1 (9), of the Bankruptcy Act of 1883. on the Land Transfer Act, 1897, and in accordance with the intimation I am content to rest my judgment on this short statement. Section 1 of contained therein, we are now in a position to report more fully on the the Bankruptcy Act, 1890, does not cut down the rights of Brims under subject. Before dealing in detail with the Act of 1897, it may perhaps be section 4, sub-section 1 (g), of the Act of 1883. There is nothing in the well to refer to previous legislation in connection with the registration of words in section 1 of the Act of 1890 to show that Brims, who has obtained titles to land-viz., (a) The Middlesex Registry Act (7 Anne, c. 20); (6) judgment and who is trustee of it for another person, in any way has his The Land Registry Act, 1862; (c) The Land Transfer Act, 1875. rights under section 4, sub-section 1 (g), of the Act cut down.
(a) The Middlesex Registry Act.] The register established under this Act COLLINS, L.J.-Agreed. Appeal allowed.-COUNSEL, Pickford, Q.C., is not a register of title, but a register of deeds and wills affecting land. and Macintosh; Marshall Hall and R. E. Moore. SOLICITORS, J. E. & H. It does not apply to the City of London or to Serjeants' Inn, the Inns of Scott; Baker, Folder, & Upperton.
Court, or the Inns of Chancery. With these exceptions, it applies to the [Reported by E. G. STILLWELL, Barrister-at-Law.]
whole administrative county of London north of the Thames, which formerly formed part of the county of Middlesex. Under it prior regis
tration by a purchaser or mortgagee for valuable consideration might Solicitors' Cases.
give a better title to the land than a person would have, claiming under a
deed of earlier date if he had delayed to register his deed, or had not Re S. North, J. 20th Jan.
registered it at all. SOLICITOR-COSTS IN RESPECT OF BUSINESS DONE WHILE UNCERTIFICATED- (5). The Land Registry Act, 1862.) This Act applied to England only. It 37 & 38 Vict. c. 68, s. 12.
provided for the registration of titles as indefeasible—that is, as good A solicitor neglected to take out his certificate on the 15th of November, necessarily severe and carried back a long way (it is believed sixty years)
against the whole world; and the examination of the title was therefore 1896, and during the period before he again obtained a certificate (which before registration
of a title under it as indefeasible could be obtained. he did in March, 1897) did work as a solicitor for the client. A common Registration under this Act was put an end to by section 125 of the Act order for delivery of the bill was obtained by the client. On taxation the of 1875, and, under section 126 of that Act some titles registered under taxing-master allowed costs for the work done while the solicitor had no the Act of 1862 have been registered under the Act of 1875. The Act of certificate, following Re Jones (L. R 9 Eq. 63). This was an appeal from 1862 has ceased to have any operation except as to titles remaining the taxing-master's decision, and it was said that 37 & 38 Vict. c. 68, s. 12, registered under it and the dealings with the properties so registered. differed from 6 & 7 Vict. c. 73, s. 26. For the solicitor it was said that the
(c) The Land Transfer Act, 1875.-This Act applies to England and statute only prevented the solicitor from suing, but did not destroy the Wales.
It enables titles to be registered as absolute, qualified, or debt, and that the submission of the client to pay what was due, upon possessory only. It applies to freehold and leasehold land, but not to taxation was a waiver of the statute. Kemp v. Ward (70 L. T. 614) and copyhold land. First registration under this Act of a person as proprietor Re Simmons (15 Q. B. D. 348) were cited in addition to the cases referred to of freehold land with an absolute title vests in such person (section 7) the by North, J. NORTH, J.-During a period between the 15th of November, 1896, and subject, unless the contrary is expressed on the
register, to such liabilities,
fee simple, subject (a) to any incumbrances entered on the register, and (6) March, 1897, the solicitor was disqualified by not taking out a certificate. rights, and interests as are by the Act declared not to be incumbrances, Ought charges in respect of this period to be struck out? Re Jones is such as (section 18) succession and estate duty, tithes, land tax, rights of relied upon, and the taxing-master said it was questionable if he could
common way, water, and other easements and leases, and tenancies not overrule the case. “I think it is for the court to overrule it and not for exceeding 21 years where there is occupation under such tenancies, and me, as it is an express decision upon the point.”. The question is, if that rights to the mines and minerals, and (c) also subject, where the first case has not been rendered inapplicable by the passing of a statute in
proprietor not entitled for his own benefit as between himself and different language? And I think that the effect of the statute of 1876 is persons claiming under him, to any unregistered estates, rights, interests, to make the conclusion of the taxing-master wrong, as Re Jones was & decision under 6 & 7 Vict. c. 73, s. 26. It was a case in which the client freehold land, with a qualified title, has (section 9) the same effect as
or equities of such persons. First registration of a person as proprietor of submitted to pay to the solicitor what was due to him. In another case, registration with an absolute title, except that it does not affect or Re Hope (L. R. 7 Ch. 766), in which a plaintiff took successful proceedings, prejudice the enforcement of any estate right or interest excepted on the an attempt was made by the defendant, who was ordered to pay costs, to register. This species of registration is made only where a person has avoid payment upon the ground that during part of the time the plaintiff's applied to be registered with an absolute title, but the registrar considers solicitor was not duly qualified. It was held, however, under the old law that the title can only be established for a limited period or subject to that he could recover. Then section 12 of the Act of 1874 was passed. In
reservations. This appears to rest entirely with the registrar, and it a case under that Act (Fowler v. Monmouthshire Railway and Canal Co., 4 follows that a person who believes he has an absolute title, and applies to Q. B. D. 334), where a successful plaintiff recovered costs, the defendant be registered accordingly, may, though in the ordinary way he might successfully objected to any costs being paid for the time during which have no difficulty in selling under proper conditions as an absolute
, the plaintiff's solicitor had no certificate. The summons asks for an order have a slur cast on his title by being registered, without his consent, as a in the common form for a delivery of the bill. . Whatever the client has proprietor with a qualified title only. An applicant cannot (section 6) be to pay ought to be paid before papers are given up by the solicitor, registered as proprietor with an absolute title until his title is shewn to Something is due to the solicitor for the time during which he acted and approved by the registrar. First registration of a person as proprietor while duly qualified, and the client has submitted to pay what is due. of freehold land, with a possessory title only, does not (section 8) affect or Reading the 12th section of the Act of 1874. I do not see how any costs prejudice the enforcement of any estate right or interest adverse to or in whatever can be recevered for the period during which the solicitor was derogation of the title of such proprietor, and subsisting or capable of not qualified. The fact that before the Act such costs could be recovered arising at the time of registration, but, save as aforesaid (which practically from the opposite party, but that since the Act they could not, shews amounts to subject to anyone else having a better title), has the same clearly that an alteration was made by the Act. It would be a curious effect as registration with an absolute title. An applicant may be state of the law if the solicitor could recover such costs from his client, registered as proprietor, with a possessory title only, on giving (section 6) but the client could not recover them from the opposite party. Re Hope such evidence
and serving such notices as may be prescribed. Under the (L. R. 7 Ch. 766) has not been overruled, but the difference made by the present rules this seems to amount only to making a statutory declaration Act of 1876 is pointed out in Fowler v. Monmouthshire Raihoay and Canal that he is entitled to the fee simple and producing his last document of Co. (4 Q. B. D. 334). During the time the solicitor was not qualified he title, if any. It is manifest, therefore, that no one can safely purchase was not a solicitor at all, and a submission to pay the amount due to him from a person whose title is registered only as possessory,
without on taxation is not a submission to pay the
amount due to him for work insisting on an investigation of the title to as full an extent as would be done as a solicitor during the time he was not qualified. The client required if he were not registered at all, at any rate until so long after claims his papers, the solicitor claims his costs, but the solicitor is only the registration that by lapse of time the
defect has been cured or modified, entitled to receive costs which he can charge. I think that I must decide In the absence of conditions in a contract for sale and purchase of freehold that the Act of 1874 differs from the former Act, and that the solicitor land limiting the title to be shewn, a purchaser is entitled to a forty years' can recover nothing in respect of costs during his period of disqualifi- title. As a rule, where the council is buying under compulsory powers, cation.-COUNSEL, Rowden ; Napier. SOLICITORS, Greig & Co.
it declined to allow limitations on the title to be shewn to be inserted in (Reported by G. B. HAMILTON, Barrister-at-Law.]
the contract fixing the price, and a forty years' title is generally asked for and commonly obtained, though a shorter title has to be taken in some
cases where there is difficulty in obtaining a full forty years' title, and it J. J. Miller (says the Albany Law Journal) proposes to test the question in is considered that a shorter title may safely be taken. In purchases the courts of whether a railroad corporation is liable for damages by per- under the Housing of the Working Classes Act, 1890, a twenty years
' mitting a passenger to snore all night, and thus keep awake all the other title, or even a shorter title commencing with a conveyance on sale, only passengers. The case grows out of the experience Miller had with Sheriff is required in the first instance, because the Act so provides (probably Bills, who, it is alleged, snored in such tones as to prevent all the other with a view to economy) in this class of cases, and the earlier title is passengers on the west-bound Santa Fe train from sleeping. Miller believes called for only where the abstract of this short title discloses matters the railroad companies are liable for damages in thus rasping the nerves of which appear to make this necessary for safety. The investigation of the travelling public, and this test case, if he wing, will compel the companies title by the Conveyancing Department of the Council is no doubt strict, to awaken snoring passengers.
and the fact
that the Council in selling their superfluous lands acquired
under compulsory powers shews no title to a purchaser renders it more
As respects the County of London, on and after the First day of imperative that it should be strict. It is chiefly because the investigation July, 1898, registration of title to land is to be compulsory on sale. of title by the Conveyancing Department is believed, outside the office,
This order may be amended or added to or repealed by Order to be strictly and carefully conducted, that the Council is able, without de
in Council. preciating its property, to sell it without shewing any title. With regard to Although the 1st of January was the date fixed for the Act to come the registration of title to leasehold land, the provisions of the Act of 1875 are into operation, the above notice was given before that date, presumably of a simllar nature, having regard to the difference of tenure, to those under section 37 of the Interpretation Act, 1889, which authorizes the with respect to freehold land, except that a possessory title cannot be giving, at any time after the passing of an Act, of all notices necessary or registered. Where the title is registered under the Act of 1875, registra- expedient to be given to bring such an Act into operation, unless the tion of deeds relatiug to it in the Middlesex Registry is now unnecessary. contrary intention appears therein. Assuming that that section applies From a return presented to the House of Commons on the 3rd of to the Land Transfer Act, the notice having been given on the 19th of September, 1895, and extending over the whole period the Acts had been November, the three months during which the Council has the power of in force down to the 31st of December, 1894, it appears that-(a) Under execising its veto will expire on the 19th of February. As stated in our the Act of 1862, out of the whole of England, 411 titles only were previous report a communication has been addressed to the City registered, and of these fifteen were subsequently withdrawn from the Corporation and other bodies, asking them, should they desire to register, and 237 transferred to the register under the Act of 1875, leaving do 80, to state their views on the question of the Act being applied apparently 159 only of the original titles registered under the Act of 1862 to London. Communications were addressed to the following bodiesremaining on the register under that Act. Of course the number of City Corporation, vestries and district boards, seventeen railway comseparate titles now appearing on that register may by sub-division have panies, Incorporated Law Society, Institute of Bankers, Surveyors' Insti, become much greater; (b) under the Act of 1875, out of the whole of tution, Auctioneers’ Institute, School Board for London, Ecclesiastical England and Wales, 299 titles only were registered. This of course does Commissioners, Building Societies' Association, Bridewell Royal Hospital, not include the titles originally registered under the Act of 1862, and Lord Portman. transferred to the register
under the Act of 1875. From the same return The replies received are tabulated below. The following bodies have on it appears that the number of deeds registered in the Middlesex Registry their own initiative sent in petitions and letters: Birkbeck Freehold Land during the three years 1892, 1893, 1894, averaged 39,078 annually. It is Society, British Land Co., Õhelsea Permanent Building Society, Kensing. not possible to estimate what proportion of this number represented ton Permanent Benefit Building Society, London Permanent Benefit conveyances on sale, or in what proportion the conveyances on sale were Building Society, Property and Estates Co. (Limited), Royal Benefit divided between freehold and leasehold properties.
Building Society, Union of House and Land Investors (Limited). From The new Act of 1897.—Whereas under the Acts of 1862 and 1875 regis- the following tabulated statement of the communications received it will tration of title was voluntary, under the new Act compulsory registration is be seen that 13 are in favour of the Act being applied to London or part now as an experiment to be tried in some one county or part of a county of London, and that 44 are against : The other main feature of the Act is that an insurance fund is to be established for compensating persons who may suffer loss by reason of an error or omission in the register not capable of rectification. Under
In favour of the Act being applied to
Against the Act being applied to London. section 20 of the Act of 1897 power is given to Her Majesty by Order in Council to declare, as respects any county or part of a county that, after a specified day, registration of title to land is to be compulsory on sale, and
(i) Vestries and District Boards.
Vestry of Chelsea.
Clerkenwell. county or part of a county unless or until he is registered as proprietor of
Fulham. the land. Six months before any order is made notice is to be given to
Hammersmith. the council of the county affected. A draft of the proposed order with the name of a place within, or conveniently near, the county where a
St. George, Hanover
Islington. district registry office will be established is to accompany the notice and Vestry of St. George-the-Martyr.
Lambeth. to be published in the Gazette. If within three months after receipt of the draft the county council, at a meeting specially called for the purpose,
St. Luke. at which two-thirds of the whole number of members shall be present,
St. James, Westminster. their county, the order is not to be made. An order when made must St. Olave's District Board.
St. Margaret and St. within 30 days from its date, if Parliament be then sitting, or within 20
John, Westminster. days of the commencement of the next session if Parliament be not sitting,
Vestry of St. Marylebone.
Stoke Newington. be laid on the table of both Houses of Parliament, and if, within 40 days
Holborn District Board. of any order being so laid, an address in either House disapproving of
Lee District Board. such order be carried, such order is to be void. Any order is to be made
St. Giles District Board. with due regard to the utilization of any land registry existing in the county in which compulsory registration is to be applied, or in any
St. Saviour's District Board.
Strand District Board. adjoining county. Compulsion, however, is not to be extended by any further Order in Council to any other county or part of a county for three
Wandsworth District Board. years after the first order, and then only, in the case of each county, if
Whitechapel District Board. the county council of that county, pursuant to a resolution passed at a
(ii.) Other bodies. meeting at which two-thirds of the whole number of members are present,
Great Central Railway Company. signifies its desire that it shall be. As stated in the report to the Council
Great Western Railway Company. on the 30th of November, the following notice and draft order have been
London and North-Western Rail. received from the Privy Council Office
way Company. Privy Council Office, Whitehall, 19th November, 1897.
London and South-Western Rail. Sir, I am directed by the Lord President of the Council to give notice
way Company. to the County Council of London, pursuant to section 20, sub-section (5),
London, Brighton, and South Coast of the Land Transfer Act, 1897, that it is proposed to make an order
Railway Company. under that section applying part 3 of the Act to the county of London.
Tilbury, and Southend A draft of the proposed order is enclosed herewith, and it is intended that the existing Land Registry in Lincoln's.inn-fields shall be the place
District Railway Comwhere the registry shall be established, together with such other places as
pany. may be thought proper, having regard to the convenience of the districts
Midland Railway Company. to be affected by the order.
Auctioneers' Institute. The Lord President will be glad to receive and consider any suggestions
Ecclesiastical Commissioners. which may be made by the County Council as to the final form of the
Building Societies' Association. proposed order.
Institute of Bankers. A draft of proposed rules under the Act is in preparation; information
Incorporated Law Society. on the subject can be obtained at the Land Registry, Lincoln's-inn-fields,
Lord Portmon. and any suggestions as to the rules which the County Council may desire Mr. Benjamin G. Lake (in favour Birkbeck Freehold Land Society. to offer will be forwarded by the Lord President for the consideration of
of an order being made affecting British Land Company. the Lord Chancellor and the other statutory authorities in relation to such
80 much of the county as lies Chelsea Permanent Building Society. rules.-I am, Sir, your obedient servant, (Signed) C. L. PEEL. The Clerk to the London County Council, Spring gardens.
within the geographical County Kensington Permanent Benefit Buildof Middlesex).
ing Society. DRAFT ORDER.
London Permanent Benefit Building
Estates Company Present–The Queen's Most Excellent Majesty in Council.
(limited). Pursuant to the twentieth section of the Land Transfer Act,
Royal Benefit Building Society. 1897, Her Majesty, by and with the advice of Her Most Honourable
Union of House and Land Investora Privy Council, is pleased to order and declare, and it is hereby
(Limited). ordered and declared as follows
Mr. J. S. Rubinstein.
The following have stated that they have no desire to express an The draft order making registration of title to land compulsory on sale, opinion on the subject : West London Extension Railway Co., Bridewell affects the county of London-i.e., the whole county. The draft order Royal Hospital, Surveyors’ Institution, Vestry of St. Martin-in-the- states, however, that “this order may be amended or added to or repealed Fields. Two only of the vestries and district boards which are in favour by Order in Council.” In the letter from the Privy Council it is stated of the application of the Act to London have given reasons for their that “the Lord President will be glad to receive and consider any decisions. They are as follows:
suggestions which may be made by the County Council as to the final (1.) Compulsory registration will act as a great safeguard, will make form of the proposed order.” The questions for the decision of the more easy and economical the transfer of land and property, and will also Council are therefore (1) whether the Council should by resolution veto lessen the possibility of forged mortgages.
the application of the Act to London; or (2) whether the Act should be (2.) Vast number of properties which would be affected, and the applied to the county of London, and, if so, whether it should be applied immense value, complexity, and importance of the interests involved. to the whole or only to part of the county. As the result of further
The following are shortly the chief reasons urged against the applica- communication with the Privy Council the following letter has been tion of the Act to London:
received (A) By vestries and district boards
Privy Council Office, Whitehall, 18th January, 1898. 1. Large number of properties which would be affected and the Sir, I am directed by the Lord President of the Council to acknowvalue, complexity, and importance of the interests involved. ledge the receipt of your letter of the 17th inst., with reference to the
2. Compulsory registration would seriously add to the difficulty, draft of a proposed Order in Council for applying Part III. of the Land expense, and delay of buying, selling, or mortgaging property. Transfer Act, 1897, to the county of London. In reply, I am to state for
3. Registration whilst optional has met with but little favour, the information of the London County Council that the form which the and bas involved great expense and delay.
final Order in Council, for giving effect to the compulsory clauses of the 4. If the Act should first be applied to a part of London, and Land Transfer Act, 1897, will take, will no doubt be settled with due failure ensue, considerable confueion would arise from one part of regard to any suggestions which may be received from the County Council. the country being dealt with differently to the rest.
But the intention at present is that the Order shall be made to take effect (B) By Railway Companies
progressively according to a division of the county into convenient areas The railway companies from whom replies have been received not less than four in number. The first area comprising one-fourth or appear to be satisfied with the existing law, and to see no necessity less of the county would be selected with a view to the utilization of the for compulsory registration, “which to railway companies using existing offices in Lincoln's-inn-fields as the Land Registry of the district. compulsory powers would be an inconvenience and trouble rather This method of carrying the Order into effect will have the advantage of than otherwise." The companies are of opinion that if the experi. not throwing immediately a very heavy burden on the registry, and will ment of compulsory registration is to be tried it should be restricted also afford such an opportunity as the County Council appear to desire of to as small an area as possible. It is pointed out that the position estimating the value of the work as it proceeds, and of watching generally of a railway company is somewhat exceptional, as the bnlk of their the progress of the Act. I am to add that any representations which their property is bought to hold permanently. Additional expense is experience of the Act might lead the County Council to make, would un. also given as a reason.
doubtedly receive careful consideration. -I am, Sir, your obedient (c) By Auctioneers' Institute
O. L. PEEL. 1. Act should first be applied to a county in which the dealings The Clerk of the London County Council, Spring-gardens, S.W. with land are less vast.
Having regard to the above letter, we are not prepared to recom neni 2. If applied to London at all, the Act should only apply to so the Council to veto the application of the Act to London, but in order much of one or other of the counties of Essex, Surrey, and Kent as that members of the Council may have an opportunity of discussing the lies within the county of London, so as to leave undisturbed the matter, we think that a date should be fixed for a special meeting in Middlesex Registry,
accordance with section 20 (6) of the Act, and we therefore recommend (D) Building Societies' Association
That the meeting of the Council of the 15th February, 1898, be a The great number of properties which would be affected and the meeting specially called for the purpose of considering the question immense value, complexity, and importance of the interests of the application of the Land Transfer Act, 1897, to London. involved.
R. MELVILL BEACHCROFT, Chairman. In addition to this reason, the eight building and land societies from whom, as mentioned above, petitions and letters have been received, urge the following
At the meeting of the Council held on Tuesday, the above recom. 1. The present system of land transfer by deed has worked well, mendation was adopted, and, on the motion of Mr. Organ, seconded by and has many advantages over compulsory registration.
Mr. Radford, it was agreed that a copy of the report should be forwarded 2. The existing land registry has failed to attract,
and has been to the Land Registry for observations, and that a copy of those observaa cause of delay and expense in transactions there registered. tions should be put on the agenda for the special meeting.
3. Compulsory resort to a Government office for carrying out private business transactions is undesirable.
4. Attention is called to a Bill introduced into the House of Lords, by Lord Davey, last session and read a second time, which it is understood will be re-introduced next session, and from any
LAW STUDENTS' JOURNAL. benefits which might arise therefrom London will be excluded if HASTINGS AND ST, LEONARDS' LAW STUDENTS' SOCIETY. the Land Transfer Act is applied to that county. 5. A qualified certificate, which would cover b th serious and
THE LOND CHIEF JUSTICE ON LEGAL EDUCATION. trivial defecte of title, could not fail to depreciate the value of the The Lord Chief Justice took the chair on the 21st inst. at the third annual property to which it referred,
dinner of this society. 6. The Birkbeck Freehold Land Society and the British Land LORD Russell, in proposing the toast of the evening, glanced at the Co. (limited) among other reasons print out that the vast number subjects debated by the society, and incidentally remarked that he coald not of transactions in the sale and purchase of property in the county see why in counties as well as in towns the quarter sessions should not of London could hardly fail to overwhelm the powers of a newly- always have a trained legal president. His lordship proceeded as follows: started organization, and for that reason alone a smaller area for It will be seen that these questions which you have discussed are ingenious the initial trial should be selected.
and might afford opportunities for the play of sharp wit. But after all they (B) Ecclesiastical Commissioners —
are within a very narrow area. One cannot forget what Edmund Burke 1. Expense.
once said about the law, that there was no profession which had so great an 2. Delay.
influence in sharpening the wit of man, but none which had a greater 3. Purchasers will practically be precluded from accepting a market- tendency to narrow the intellect unless it was counterbalanced by some other able, although not perfect, title without considerable risk of having study. Therefore I would advise the society to widen the area of its the title registered with some detrimental qualification.
discussion. I suggest that the proper mode of doing so would be by inviting 4. Compulsory registration would probably impede the operation of papers upon, say, some branch of the law, or if you like upon the arrange
ment of the judiciary, or upon anything wider than a technical point. In a 5. Act should first be applied to a more restricted area, and one pre- great community such as you have here, it might be worth considering senting fewer difficulties than London.
whether the membership of persons other than those interested in the practice (F) Incorporated Law Society
of the law ought not to be sought by the association. There are people who are 1. Volume and importance of the conveyancing business in London. inclined to say that these debating societies serve
no useful purpose. In that 2. Uncertainty, and error which would arise in that portion of opinion I don't
at all agree. The uses of such bodies I conceive to be these Middlesex within the county of London owing to the existence of a that they create in the minds of ambitious youths a desire to take part in dual system of registration--viz., registration of deeds and the discussions, and with that view to set upon an inquiry in a field of informacompulsory registration of title.
tion which otherwise they might never have travelled. To my mind, the 3. If compulsory registration is applied under clauee 6 (9) to leaseholds first use of a society like this is its social use, its bringing together of young
the result will be that compulsory registration will apply to all dealings with the leasehold title but not to dealings with the creating among them a standard of opinion which is useful to each and to
men to rub off the sharp edges of their peculiarities and prejudices, and freehold, provided it remains unsold ; and that if the system be all. The
next use of a society is that it prompts a desire of information.ch not applied to leaseholds the reverse will happen.
place only in the third rank that which I see
often placed erroneously in the (6) Institute of Bankırs-
first-namely, facility of speech. On that subject a great deal of heterodox "As compulsory registration is admittedly an experiment and one as to opinion prevails. I do not at all underrate the importance of clear,
which there is considerable difference of opinion, the experiment direct, incisive speech. Clearness above all things, with incisiveness should not be made in to large an area as London.
and 'directness next, are qualities which stand by any man who
has to use his tongue. But while I have know hundreds of men Oxford ; Acheson Fitz Gerald Henderson, B.A., Cambridge ; Lascelles who could, with facility and elegance, not to say glibness, say nothing, I Atkinson Lucas, B.A., Cambridge; the Hon. Anthony Morten Henley, B.A., have never known a man who had anything worth saying, who was not in Oxford ; Harry Barnston, B.A., Oxford ; Maurice Mills Baker, M.A., command of adequate language to say it. Therefore the central idea that I Oxford ; Herbert Churchill Wrigley Grimshaw, B.A., Dublin ; William want to impress on young men in these societies is not to get up for the sake North Symonds, B.A., Cambridge ; Robert Anstruther Bullock Marsham, of talking, but to keep their seats unless they have something to say. B.A., Oxford ; John Hall Barron, B.A., Oxford ; Raymund Cecil Edward These associations and others are but branches of our system of legal Allen, M.A., Cambridge; George Campbell Deane, B.A., Oxford; Percy education, and I have never lost a legitimate opportunity of explaining my Merceron Burton, B.A., Cambridge ; Thurlow Richardson Ubadell, B.A., view that the state of legal education in this country, whether for what is bridge; and Nicolas Patrick Augustus Murphy. called the higher or what is called the lower branch of the pro- MIDDLE TEMPLE.-George Turner, M.A., St. Catherine's College, Camfession is not what it ought to be. I was asked by the present Master bridge; Gwyn Morris, LL.B., London University and University of Wales ; of the Rolls, one of the most admirable judges that ever adorned the Sheikh Ahmed Hussian Khan; Deep Narayan Singh; Willie Jack Trevor English Bench-to preside in 1895 at a meeting of the body charged Turton, B.A., Cambridge; Manilal Motichand Doshi, B.A., Sidney Sussex Col. in connection with the Inns of Court with the legal education of lege, Cambridge ; Charles Henry Edwards, B.A., Oxford ; Gerald Philbrick students for the Bar. On that occasion, while giving credit to that body for Walker, B.A, Trinity Hall, Cambridge; George Percy Warner Terry ; their efforts, I said, as I say now, that our legal education is absolutely Ernest Wrigly Perkins ; George Francis Wentworth Luke Dillon ; Charles unworthy of the community and of our great profession. It is a strange Alan Henry, B.A.; Frank Walter Raffety; George Addison-Smith, thing that the faculty of the law, the profession of the law, is less esteemed Advocate of the Scotch Bar; William Henry Owen, LL.B., London and holds in this country a less exalted position than in any other country University, of Europe, and one much below that which it holds in the United States. Gray's Inn.-Hemanta Kumar Mullick, Thomas Josiah Thompson OurI do not think that any new scheme of legal education of this country will ham University), Ali Akbar Hussanally, Robert Alfred Leach, Edwin Austin be successful until we have a great school of law, for which London would Sydney Charles Nichols Goodman, B.A. (London University), and Ernest be an admirable centre; or a great faculty of law in a teaching University Lewis Hopkins. for London which should be in some respects under the control of the Inns of Court. This is true as regards both branches of the profession. I don't mean to say with reference to either that there are not adequate EXAMINATIONS AT THE INCORPORATED LAW SOCIETY IN means of learning the ordinary hum-drum work respectably. That is
THE YEAR 1897. learnt by solicitors as articled clerks practising in their employers' offices.
SPECIAL PRIZES OPEN TO ALL CANDIDATES. As far as young barristers are concerned it is learnt in the chambers of counsel. But I am looking for something broader, higher, wider than of the Council, the candidate best acquainted with the Theory, Principles,
Scott Scholarship.-Edgar Nathan Richard Kahu being, in the opinion anything of that kind. I am looking for a state of things that would and Practice of Law, they have awarded to him the scholarship founded produce in time what this country lacks - a professional class of lawyers, a body of jurisconsults, who would be looked up to by foreigners as well as by ship
with Mr. William Moore Shirreff, of London, and obtained the prize
by Mr. James Scott, of Lincoin's-inn-fields. Mr. Kahn served his clerkourselves, as we look up to the great writers on law that belong to other of the Honourable Society
of Clement's Inn, the Daniel Reardon Prize, lands—men who write not merely for their own day or for some particular object, but for the sake of the science, and to elevate the views of those who and the John Mackrell Prize at the Honours Examination held in April,
1897. profees that science. I am very glad to see that a scheme for the establishment of a Teaching University for London is now being widely discussed. I hope merit, and having shewn himself best acquainted with the Law of Real
Broderip Prize.-Edgar Nathan Richard Kahn being first in order of that both branches of our profession will help forward that object, and will Property and the Practice of Conveyancing, passed a satisfactory examinatake their share in establishing in connection with it a great legal faculty tion, and attained honorary distinction, the Council have also awarded to properly supported by the Inns of Court and by other public institutions, him the prize, consisting of a gold medal, founded by Mr. Francis which may fairly be expected to contribute to such a great national object. Broderip, of Lincoln's-inn. If the movement is carried out in the way I hope for, we shall have in London—the place of all places in the world best for such an institution—a
LOCAL PRIZES. university where not only the youth of this land, but the youth of all lands T'impron Martin Prize for Candidates from Liverpool.--Percy James Taylor, may learn the profession of the law.. In the great Empire of which England from among the candidates from Liverpool, having passed the best forms so important a part twenty different systems of law are administered. examination, and attained honorary distinction, the Council have In some places there is French law, with modifications;
in others, Hindoo awarded to him the prize, consisting of a gold medal, founded by Mr. and Mohammedan law, with modifications; in others, again, Dutch law; in some Timpron Martin, of Liverpool. Mr. Taylor served his clerkship with places Spanish law, and in Scotland to this day Roman law to a large extent. Messrs. J. B. Wilson, Dean, & McMaster, of Liverpool, and obtained a Therefore, if ever there was a country which required such a school of lawas I First Class certificate and prize of the Incorporated Law Society at the have described, this country requires it. If ever there was a place affording an Honours Examination held in June, 1897. adequate site for such a school, surely London affords it. I feel strongly on Atkinson Prize for Candidates from Liverpool or Preston.-Percy James this subject for its own sake, and for the intrinsic needs and merits of the Taylor, from among the candidates from Liverpool or Preston, having question. I confess also that from my standpoint as a member of the bar I take shewn himself best acquainted with the Law of Real Property and the another and a strong view in relation to it. It is this -- members of the bar Practice of Conveyancing, otherwise passed a satisfactory examination, possess to-day many privileges, they have exclusive audience in the High and attained honorary distinction, the Council have also awarded to him the Court, they have pre-audience in other courts, and there are many posts for prize, consisting of a gold medal, founded by Mr. John Atkinson, of which a barrister of seven years' standing is eligible, and for which no Liverpool. member of any other profession is eligible. A barrister of seven years' Birmingham Law Society's Gold Medal.--The examiners reported that there standing, may be made almost anything short of an Archbishop. But was no one qualified to take this prize. this world is an inquiring world. This age is an inquiring age. Every Birmingham Law Society's Bronze Medal.—John William Cocks being first institution and erery privilege is rightly brought to the test of experience in order of merit among the candidates who are articled to members of the and utility, and I want to know how the Bar of England can main- Birmingham Law Society, and attained honorary distinction, the Council tain these exclusive rights and privileges unless its members are able have awarded to him the bronze medal of the Birmingham Law Society: to show that they possess exclusive merits and exclusive attainments. Mr. Cocks served his clerkship with Mr. Henry John Osborne, of Shifnal Bat this is by the way. The observations I am addressing to you cover and Birmingham, and Messrs. Robins, Hay, Waters, & Hay, of London, this position, that the profession of the law is as high as any, that the proper and obtained a Second Class certificate at the Honours Examination held in administration of the law is perhaps the greatest and highest permanent June, 1897. interest in any community, and that it behoves all concerned in the law to
Stephen Heelis Prize for Candidates from Manchester or Salford.- Percy do what they can to make its professors worthy of the great system they Hibbert, from among the candidates from Manchester or Salford, having seek to administer.
passed the best examination, and attained honorary distinction, the Council The toast having been duly honoured, Mr. Cochran, in responding, said have awarded to him the prize, consisting of a gold medal, founded in the society had more members than ever before. At the instance of Mr. J. memory of the late Mr. Stephen Heelis, of Manchester. Mr. Hibbert F. J. Rawlinson, Q.C., the toast of the President's health was drunk with served his clerkship with Mr. John Dendy, of the firm of Messrs. Dendy & great cordiality.
Paterson, of Manchester, and obtained a Second Class certificate at the
Honours Examination in June, 1897.
The Mellersh Prize. - Henry Cane, from among candidates who have been
articled in the counties of Surrey or Sussex, or who are the sons of soli. The following gentlemen were called to the Bar on Wednesday
citors who have resided or practised in either of those counties, having LINCOLN'S INN.–Andrew Henry Withers, LL.B., London University; shewn himself best acquainted with the Law of Real Property and the Gokal Chand Badhwar, B.A., LL.B., Christ's College, Cambridge ; Alfred Practice of Conveyancing, the Council have awarded to him the prize Loosemore, Bragenose College, Oxford; Tribhovandas Manekchand Doshi, founded by the late Mr. Robert Edmund Mellersh, of Godalming. "Mr. B.A., Sidney Sussex College, Cambridge; Frederick Richard Finch, Balliol Cane served his clerkship with Mr. John Colbatch Clark, of the firm of College, Oxford; Charles John Astbury, Brasenose College, Oxford ; Messrs. Colbatch Clark & Son, of Brighton, and obtained a Third Class Raghoonath Mahadewa Doye, Ahmed Hassen, Paul Peter Pillai, William certificate at the Honours Examination held in November, 1897. Victor Degazon, Walter Strachan, and Pandit Bishen Lal Kaul.
INNER TEMPLE.--Henry Sulivan Hartnoll, Oxford; Godfrey Rathbone Benson, M.A., Oxford ; Theodore Byrom Hope, B.A., Cambridge ;
LAW STUDENTS' SOCIETIES. John Cyril Bouverie Luxmoore, B.A., Cambridge; Nalina Kanta LAW STUDENTS' DEBATING SOCIETY.—Jan. 25—Chairman, Mr. Neville Banerjee; Foster MacMahon Mahon, Oxford ; Strivalinga Chanba- Tebbutt.—The subject for debate was : “ That the law as laid down in sappa Hosali, Oxford ; Robert Stephen Vere O'Brien, B.A., LL.B., Cam. Allen v. Flood requires amendment (see Times newspaper of the 15th of bridge; Syed Hasan, Cambridge; Frederick Thomas Henry Henlé, B.A., | December, 1897)." Mr. Horace E. Miller opened in the affirmative ;