LAMBERT, HENRY, Carnagh, Wrexford, Ireland June 22 Surr & Co, Abchurch lane PATTINSON, ANN, Newcastle on Tyne June 1 Maughan & Hall, Newcastle on Tyne Carter & Co, Bangor London Gazette.-TUESDAY, April 26. ADAMSON, SMALES, Coatham, Redcar May 21 Punch, Middlesborough ANDERSSON, WILLIAM HENRY, Bootle, nr Liverpool May 31 FJ Leslie & Co, Liverpool BEECH, WILLIAM, Balsall Heath, Worcester May 10 Arnold & Sons, Birmingham BURROWS, JOHN ELLIS, Southport June 1 Wooler & Co, Leeds CHARTRES, NICHOLAS, New Beckenham, Kent June 1 Dalston & Co, Southampton st Pet April 25 Ord April 25 BOTTING, WILLIAM, Stowupland, Suffolk, Butcher Bury St Edmunds Pet April 25 Ord April 25 BROWN, JAMES, Salford, Dyer Salford Pet April 27 Ord April 27 CRUIKSHANK, WILLIAM CHARLES, Norwich, Paper Hanger Norwich Pet April 20 Ord April 25 DAVIES, DAVID THOMAS, Abertillery, Mon, Grocer Tredegar Pet April 26 Ord April 26 DAVIS, HENRY, Cheselborne, Dorset, Grocer Dorchester DEACON, EDWARD KING, Whitley, Reading, Professor of DIGHT, ALFRED JAMES SHORE, Blackheath Greenwich FEATHER, BRIGGS, Shipley, Yorks, General Dealer ford Pet April 26 Ord April 26 GARVEY, JOSEPH, Ilkeston, Derbys, Grocer April 26 Ord April 23 Brad Derby Pet GEORGE, CHARLES HENRY, Briggate, Leeds, Commission GORDON, CHARLES, Marquis of Huntly, Longueville, Hunts March 14 Ord April 20 Pet GROVES & SON, Southwick, Sussex, Builders Brighton Pet April 7 Ord April 26 HADFIELD THOMAS, Rotherham, Yorks, Hay Dealer Sheffield Pet April 27 Ord April 27 HICKS, CHARLES CLEMENTS, Waterlooville, Hants Portsmouth Pet April 25 Ord April 25 HOPE, JAMES, Lostock Junction, nr Bolton Bolton Pet Pet April 25 Ord April 25 JOHNSON, RICHARD, Hereford, China Dealer Hereford Pet April 25 Ord April 25 KING, FREDERICK JAMES, Stapenbill, Derbys, Fishmonger Burton on Trent Pet April 26 Ord April 26 KNOTT, WILLIAM, Crowcombe, Somerset, Bootmaker Taunton Pet April 27 Ord April 27 LAWRENCE, GEORGE, Liverpool, Fish Salesman Pet April 6 Ord April 27 Liverpool LEWIS, WILLIAM, Armley, Leeds Leeds Pet April 26 Ord April 26 LIVINGSTONE, WILLIAM, Leicester, Clothier Leicester Pet April 23 Ord April 23 Watts & Co, Scarborough Harker, Brighton CLIVE, WILLIAM, Scarborough May 26 dudno MONTGOMERY, ALEXANDER MCDONNELL, Netherleigh Strandtown, Belfast June 8 WV MUMFORD, WILLIAM, Kidderminster, Licensed Victualler May 23 Crowther & Boning, POLLARD, ELIZA, Brighton June 23 Vinall, Lewes RAMPON, CLAUDE, Lyons, France June 30 Harston, Bishopsgate st Within ROBINS, GREENWAY, Verulam bldgs, Gray's inn May 31 Peters & Bolton, Guildhall chambrs ROCHE, MARIA, George st, Hanover sq June 6 Baileys & Co, Berners st SMITH, WILLIAM, Huddersfiell, Wine Merchant May 31 Brook, Huddersfield WYATT, Sir WILLIAM HENRY, Regent's Park rd July 1 Hammond & Richards, Lin MARCHBANK, JAMES, Carlisle, Baker Carlisle Pet April 26 Ord April 26 MILLMORE, JAMES, Shanklin, I of W, Coal Merchant Newport Pet April 13 Ord April 25 NEGUS, JAMES, Foxton, Cambridge, Farmer Cambridge Pet April 26 Ord April 26 PECK, SAMUEL, Goole, Yorks, Compositor Wakefield Pet PIPER, ALFRED JAMES, Melbourn, Cambridge, Draper Cam- PRICE, JOSEPH HENRY, and JOHN SAMUEL HINTON, Knightrider st, Mantle Manufacturers High Court Pet April 27 Ord April 27 ROBINSON, JOHN, Leeds, Bricklayer Leeds Pet April 26 Ord April 26 SMETHURST, ALFRED WILLIAM STEPHEN, Stretford, Lancs, Flour Dealer Manchester Pet April 25 Ord April 25 SMITH, WILLIAM ALBERT, East Retford, Notts, Grocer Lincoln Pet April 26 Ord April 26 STEBBING, JAMES, Cardiff, Fish Merchant Cardiff Pet STOLLERY, HENRY MICHAEL, Staines, Licensed Victualler WALBRAN, FRANCIS MAXIMILIAN, Leeds, Fishing Tackle WHITTON, CHARLES ROPER, Nantwich, Commission Agent WOOD, CORNELIUS, Walsall, sen, Coal Dealer Walsall Pet WRIGHT, LOUIS CLEMENT, Thornton Heath, Hotel Pre- ASHFORD, FRANCIS RICHARD, Bideford, Devons, Butcher BARLOW, TOM, Brierfield, Lancs, Clothier May 6 at 3 Exchange Hotel, Nicholas st, Burnley BAXENDALE, Captain SIM, Droylsden, Lancs, Tailor May 6 at 2.30 Off Rec, Byrom st, Manchester BENBOW, GEORGE MORGAN, Llanidloes, Tailor May 6 at 12.30 1, High st, Newtown BIRD, JAMES RICHARD, Bradford May 9 at 3 16, Wood st, Bolton BOLTON, ROBERT, Worcester, Coal Merchant May 7 at 11.30 Off Rec, 45, Copenhagen st, Worcester BRADSHAW, WILLIAM, Myerscough, nr Preston, Engine Tenter May 6 at 3 Off Rec, 14, Chapel st, Preston BRAGG, ROBERT, Clapham May 6 at 11.30 24, Railway app, London bridge BRANHAM, THOMAS SHEPHERD, Leeds, Builder's Manager May 12 at 11 Off Rec, 22, Park row, Leeds BROCKLESBY, WILLIAM, Leeds May 9 at 11 Off Rec, 22, Park row, Leeds BROWN, JAMES, Salford, Dyer May 6 at 3 Off Rec, Byrom st, Manchester BULLIVANT, RICHARD ARTHUR, Headingley, Leeds, Architect May 11 at 12 Off Rec, 22, Park row, Leeds CLUCAS, GEORGE, Liverpool, Baker May 11 at 12 Off Rec, 35, Victoria st, Liverpool COOK, WILLIAM, Maidstone, Fly Proprietor May 11 at 11 Off Rec, 1, Berridge st, Leicester May 6 at 2.30 FRANC, GUSTAV, Lombard st, Merchant May 6 at 1 Bankruptcy bldgs, Carey st GLEDHILL, TOM, Burnley, Cabdriver May 6 at 4 Exchange GRIGGS, HENRY EDWARD, Bread st, Juvenile Milliner May HOLMES, JAMES, Halifax, Roller Coverer May 7 at 11 HOPE, JAMES, Lostock Jnctn, nr Bolton May 9 at 3.30 16, Wood st, Bolton HUNTER, ARTHUR, Leicester, Tailor May 6 at 3 Off Rec 1, Berridge st, Leicester JOHNSON, RICHARD, Hereford, China Dealer May 9 at 10 2, Offa st, Hereford JONES, DAVID, Aberdere, Glam May 9 at 2 65, High st, Merthyr Tydfil LEECH, CHARLES JOHN FREDERICK, Burton on Trent, Hair dresser May 6 at 11 Off Rec, 40, St Mary's gate, Derby LITTLEWOOD, EDGAR ALBERT, Great Yarmouth, General Dealer May 7 at 12.30 Off Rec, 8, King st, Norwich LLOYD, DANIEL, Cymmer, Glam, Builder May 6 at 12 Off Rec, 31, Alexandra rd, Swansea MARCHBANK, JAMES, Carlisle, Baker May 9 at 1 Off Rec, 34, Fisher st, Carlisle MORRIS, JOSEPH, South Shields May 9 at 11.30 Off Rec, POWELL, JACOB, and JOHN HENRY HEFFORD, Leicester, Boot Manufacturers May 6 at 12.30 Off Rec, 1, Berridgest, Leicester RETALLACK, WILLIAM, Bayswater May 9 at 2.30 Bankruptcy bldgs, Carey st RICHELIEU, THOMAS, Darlington, Boilersmith May 11 at11 Off Rec, 22, Park row, Leeds SMYTHE, WH, North Kensington May 9 at 12 Bankruptcy bldgs, Carey st SOUTHALL, ALBERT EDWARD, and WILLIAM EDWIN DEAKIN Leek, Staffs, Silk Manufacturers May 6 at 11 Off Rec, 23, King Edward st, Macclesfield SYMONDS, JOSIAH NORMAN, Horbury, Yorks, Fancy Draper 31, Alexandra rd, Swansea May 10 at 12 Off Rec, May 6 at 12 WALLACE, CHARLES CLAUDE, East Molesey 24, Railway app, London Bridge WILLIAMS, FREDERICK, Coltishall, Norfolk, Ironmonger YOUNG, JAMES, Thornton le Beans, Yorks May 16 at 11.30 Amended notice substituted for that published in the Bankruptcy bldgs, ADJUDICATIONS. BALHATCHET, CHARLES, Plymouth, Oil Merchant mouth Pet April 25 Ord April 25 BATEMAN, WILLIAM, Camberwell, Stonemason Court Pet April 26 Ord April 26 Ply High BAXENDALE, Captain SIM, Droylsden, Lancs, Tailor Ord April 25 Bolton Pet April 23 BOLTON, ROBERT, Worcester, Coal Merchant Worcester BOTTING, WILLIAM, Stowupland, Suffolk, Butcher Bury COLLINS, THOMAS BELL, Pentonville rd, Wall Paper CRUIKSHANK, WILLIAN CHARLES, Norwich, Paperhanger DAVIES, DAVID THOMAS, Abertillery, Mon, Grocer Trede- DAVIS, HENRY, Cheselborne, Dorset, Grocer Dorchester DEACON, EDWARD KING, Whitley, Reading, Professor of DIGHT, ALTRED JAMES SHAW, Blackheath Greenwich Pet EBEET, SARAH JANF, Cardiff, Draper Cardiff Pet April Derby Pet ENGLAND, THOMAS, Cardiff, India Rubber Merchant Car- GODFREY, JOHN HENRY, Peterborough, Publican Peter- HICKS, CHABLES CLEMENTS, Waterlooville, Hants Ports HOPE, JAMES, Lostock Junction, nr Bolton Bolton Pet JACKSON, WILLIAM, Manchester, Drysalter Manchester JENKINS, ULIVER, Cardiff, Grocer Carcia Pet March 29 JOHNSON, RICHARD, Hereford, China Dealer Hereford KING, FREDERICK JAMES, Stapenhill, Derbys, Fishmonger LLOYD, DANIEL, Cymmer, Glam, Builder Neath Pet Aprl 12 Ord April 27 MARCHBANK, JAMES, Carlisle, Baker Carlisle Pet April XEGUS, JAMES, Foxton, Cambs, Farmer Cambridge Pet POWELL, JACOB, and JOHN HENRY HEFFORD, Leicester; PRICE, JOHN, Westbourne grove, Fishmonger High Court RETALLACK, WILLIAM, Bayswater High Court Pet April ROBINSON, JOHN, Leeds, Bricklayer Leeds Pet April 26 SMETHURST, ALFRED WILLIAM STEPHEN, Stretford, Lancs, SMITH, WILLIAM ALBERT, East Retford, Notts, Grocer STEBBING, JAMES, Cardiff, Fish Merchant Cardiff Pet THOMAS, HENRY POWELL, High st, Ponder's End, Draper . WILKEY, FREDERICK, Barnstaple, Insurance Agent Barnstaple Pet April 25 Ord Apr 25 EVERETT, GEORGE EDWARD, Birmingham, Auctioneer London Gazette.-TUESDAY, May 3. CHORLEY, WALTER, Kendal, Innkeeper Whitehaven Pet CLARK, JOHN WILLIAM, Northampton, Picture Frame GREGORY, WALLACE CHARLES, Kilburn, Lead Merchant Potato Dealer Carlisle Pet April 29 Ord April 29 JONES, DANIEL, and GEORGE WATKINS, Blaina, Mon, 30 Builder MARSHALL, FREDERICK WILLIAM, Caistor, Lines, Butcher PEACOCK, ARTHUR JOHN, Llandudno, Contractor Bangor ROBINSON, THOMAS, Scarborough, Innkeeper Scarborough Ashton under Lyne Pet April 30 Ord April 30 STOBART, JOHN, Leeds, Commission Agent Leeds Pet STONE, ROBERT VOISEY, Montpelier, Bristol, Printer Croydon Pet WOODMAN, ROBERT PILCHER, Sandgate, Kent, Butcher RECEIVING ORDER KESCINDED. ALESBURY, JAMES, Pwllypant, Glam, Collier May 12 at 11 smith May 16 at 12.15 Off Rec, 28, Stonegate, York BROUGH, FREDERICK JOHN, Longton, Staffs, Joiner May 11 at 10.50 Off Rec, King st, Newcastle under Lyme 1 LEWIS, WILLIAM, Armley, Leeds May 12 at 12 Off Req LIVINGSTONE, WILLIAM, Leicester, Clothier May 10 at NEGUS, JAMES, Foxton, Cambridge, Farmer May 11 at PECK, SAMUEL, Goole, York, Compositor May 11 at 11 PEREIRA, CHRISTOPHER CHARLES, Staines, Builder May 11 SMITH, WILLIAM ALBERT, East Retford, Nottz, Grocer May TIDEY, CHARLES WILLIAM, Aldershot, Eating House UPTON, EDWIN, Pontardulais, Boot Maker May 10 at 2 15 ADJUDICATIONS. ANDREWS, FREDERICK GEORGE, Northampton, Leather- BATESON, LIONEL JOSEPH, York, Whitesmith York Pet CLUCAS, GEORGE, Liverpool, Baker Liverpool Pet April COOK, WILLIAM, Maidstone, Fly Proprietor Maidstone DAVIES, THOMAS GRIFFITHS COOK WYNTON, Fenchurch st GIRBS, GEORGE, Trowbridge, Wilts, Licensed Victualler HAYHURST, WILLIAM SILAS, Cummers lale, qr Carlisle, Po HUNTER, ARTHUR, Leicester, Tailor Leicester Pet March JELLIE, JOHN STEPHENSON, Clifton, Bristol, Schoolmaster JONES, DANIEL, and GEORGE WATKINS, Blaina, Mon, LAWRENCE, GEORGE, Liverpool, Fish Salesman Liverpool LEECH, JAMES, Ashton under Lyne Ashton under Lyne MARSHALL, FREDERICK WILLIAM, Caistor, Lincs, Butcher PEDDER, ARTHUR WILLIAM, Luton, Bedford, Straw Hat 11, ROYAL EXCHANGE, LONDON, E.C. PROPERTY WANTED.-M. DAVIS, 40, Ladbroke-grove, W., is open to Buy Properties in London Suburbs or 30 miles round London at best market fees paid if required). properties; money ready (introductory fed, por troublesome VALUATIONS of Modern and Old LACES. Highest price given for Old Point and Modern Real TO INVALIDS.-A List of Medical Men in a parts Receiving Resident Patients sent gratis, with full particulars. Schools also recommended.-MEDICAL, &c., ASSOCIATION, LTD., 8, Lancaster-place, Strand, W.C. Tel.add. "Triform, London." Telephone No. 1.854, Gerrard. THE JUDICIAL TRUSTEES ACT, 1896, AND A SPATRIA AGRICULTURAL COLLEGE THE RULES MADE THEREUNDER. O SOLICITORS.--Required, Name and Address of Firm succeeding to the business of Chas. James Whalley, 6, Child's-place, Temple-bar, in 1859.-Box 59, "Solicitors' Journal" Office, 27, Chancery-lane. SOLICITOR desirous of increasing his con nection, would Purchase a Sound Practice or Succession in the City; could take over existing offices.-R. F., "Solicitors' Journal" Office, 27, Chancery-lane. YOUNG SOLICITOR commencing practice near the Courts, in return for slight Assistance.-B. C. "Solicitors' Journal" Office, 27, Chancery-lane. WANTED, Clerkship in London Office (via Carlisle), situated in one of the finest Stock- RIENT ORIE CRUISE by their LONDON 15th JUNE, LEITH 17th JUNE, to the finest FIORDS in NORWAY And the NORTH CAPE (for Midnight Sun), Arriving back in London 11th July. Other Cruises to follow. High-class cuisine, string band, electric light, &c. Managers: F. Green & Co.; Anderson, Anderson, & Co. Head Offices: Fenchurch-avenue. 5, W. PATENTS and TRADE-MARKS. P. THOMPSON & CO., 322, High Holborn, W.C. (and at LIVERPOOL, MANCHESTER, and BIRMINGHAM), LONDON and INTERNATIONAL. AGENTS of Provincial and Foreign SOLICITORS in PATENT matters. Representatives in all Capitals. PATENTS. Mr. F. W. GOLBY, A.I.M.E., 36 Chancery-lane, London, WC M.S A., Patent Agent (late of HI.M. Patent Offices Letters Patent obained and Registration effected in all parts of the World. Oppositions conducted. Opinions and Searches as to novelty. LONDON GAZETTE (published by authority) and HE ENRY GREEN, Advertisement Agent, begs to direct the attention of the Legal Profession to the advantages of his long experience of upwards of fifty years, in the special insertion of all pro forma notices, &c., and hereby solicits their continued support.-N.B. Forms, Gratis, for Statutory Notices to Creditors and Dissolutions of Partnership, with necessary Declaration. Official stamps for advertisements and file of "London Gazette" kept. By appointment. BRAND & CO.'S FOR INVALIDS. For passage apply to the latter firm at 5. Fenchurch- ESSENCE OF BEEF, avenue, London, E.C.; or to the West-End Branch Office, RE EVERSIONARY and LIFE INTERESTS C. H. CLAYTON, Į Joint BEEF TEA, MEAT JUICE, &c., Prepared from finest ENGLISH MEATS BRAND & CO., LTD., MAYFAIR, W., & MAYFAIR CARRIAGES caused by Collision, the Falling, doing Admiralty business, by Solicitor (January Final, not admitted, retained where articled in City office); has given close attention to office work; moderate salary. -Address, NAVIS, Wilkes' Advertising Offices, 29, Ludgate- To Her Majesty, the Lord Chancellor, the Whole of the hill. ALFRED AHRENFELD, Handwriting Expert and Facsimilist, 44, Fleet-street, London, E C. Special and immediate attention given to Provincial matters. MARY GIBBON, DECEASED. -- Any Solicitor or other person having in his possession the Will of this lady, who formerly resided at 89, St. Dunstan's-road, West Kensington, is requested to communicate with COLLINS, RO3INE ON, & DRIFFIELD, Solicitors, 31, Castle-street, Liverpool. то Judicial Benen, Corporation of London, &c. ROBES FOR QUEEN'S COUNSEL AND BARRISTERS. ESTABLISHED 1689. 94, CHANCERY LANE, LONDON. O NOBLEMEN, Members of Parliament, CENT Bush, Notting-hill, West Kensington Park, Solicitors, and others.-Freehold Ground-rent of £2,200 per annum, in one collection; well secured on Westend property; price 28 years' purchase.-Apply to BOND & Box, 31, Queen Victoria-street, E.C. TO TRUSTEES and Others.-Advertiser, who has just completed the management and distribution of a considerable estate, largely realty, seeks a similar post; bankers' and professional references of the highest character.-Address, W. L., c/o Streets, 30, Cornhill. THORATION, of 32, Finsbury-pavement, E.C., have HE SUBURBAN PROPERTIES CORthe following Parcels of Freehold Ground-rents in the Suburbs of London for Disposal, at 28 years' purchaseviz., £30 10s., £36, £44, £40 and £27, and £80 at 27 years' purchase. FRE REEHOLD Ground-rents on Offices and Flats; capital position; £1,500 and £2,000 per annum ; together or separately; premises occupied by high-class tenants; price 30 years' purchase (£45,000 and £60,000), or near offer.-GEORGE BEKEN & Co., 2, Circus-place, E.C. and District. Owners wishing to Sell or Let Property in Ilchester House," (facing) Uxbridge-road Station, W. S. FISHER 188, Strand. VOL. XLII., No. 28. LAW REVERSIONARY INTEREST SOCIETY, LIMITED 24, LINCOLN'S INN FIELDS, W.C. ESTABLISHED 1853. Capital Debentures and Debenture Stock ... REVERSIONS BOUGHT. ... ... £400,000 BRADFORD LEEDS DERBY MORECAMBE ADELPHI Tennis Lawn to Seashore. Golf. Cases Reported this Week. In the Solicitors' Journal. Fell v. Official Trustee of Charity 433 Attorney-General v. Beech and Another 435 Brooke and Fremlin's Contract, Ia re.. 412 Butler, In the Goods of 445 488 Hawkes, In re. Ackerman v. Lock Lagunas Nitrate Co. v. The Lagunas Mersey Docks and Harbour Board v. Spencer v. Lancashire and Yorkshire X Paynter v. Watson Suitable clauses, settled by Counsel, can be obtained on application to THE LICENSES INSURANCE CORPORATION AND GUARANTEE FUND, LIMITED, 24, MOORGATE STREET, LONDON, E.C. Mortgages Guaranteed on Licensed Properties promptly, without special valuation and at low rates. LEGAL AND GENERAL LIFE ASSURANCE ESTABLISHED OVER HALF A CENTURY. CURRENT the Land Transfer Act, 1897, is to be postponed to September WE HEAR, on going to press, that the coming into effect of 1st next. WE PRINT elsewhere a transfer to Mr. Justice BYRNE of 40 actions from NORTH, J., 30 actions from STIRLING, J., and 30 actions from ROMER, J. Mr. Justice BIGHAM is to sit in place of Mr. Justice BYRNE during his illness. IN COMMENTING (ante, p. 374) on the recent decision of Mr. Justice STIRLING in Re Keck and Hart's Contract (ante, p. 380, 46 W. R. 389), we pointed out that the decision left open one of the questions decided by Re Tibbits' Settled Estates (46 W. R. 3; 1897, 2 Ch. 149)-namely, that under section 4 of the Settled Land Act, 1890, a charge on the estate of the tenant for life creates a compound settlement. This appears to have been expressly decided by NORTH, J., in the last-mentioned case, and was relied upon by Mr. Justice STIRLING as one ground for distinguishing that case from Re Keck and Hart's Contract. We ventured (as we had done before), with great deference to Mr. Justice NORTH, to urge that he had taken an erroneous view of the effect of section 4; that the sole object of that provision was to render it unnecessary for a person entitled under an instrument of the description therein mentioned to consent, under section 50 of the Settled Land Act, 1882, to the exercise by the tenant for life of his statutory powers; that the section did not in any sense relate to the appointment of trustees for the purposes of the Settled Land Acts, and that the phrase "one of the instruments creating the settlement" could not be construed as meaning "one of the instruments creating a compound settlement." We reported last week a fresh decision by Mr. Justice STIRLING in Re Du Cane and Nettlefold's Contract (ante, p. 468), in which, as we understand the judgment, that learned judge completely sanctions the construction of section 4 for which we have always contended. He said: "The vendor contends that the section is Mellor, The Right Hon. John W., Q.C., limited to excluding the operation of section 50 of the Act of M.P. Mills, Richard, Esq. Morrell, Frederic P., Esq. (Oxford). 1882. That contention is borne out by the concluding words of the section. It seems to me that the language of the Act is satisfied by the limited construction placed on it by the vendor, and that the section does not make any assignment to which it refers an instrument for all the purposes of the Act. In coming to that conclusion I found myself on the last words of the section, person is alleged to have committed an offence." There can be little doubt that this construction is correct; the contrary view, by which the language is taken in its strict literal sense, reduces the section to an absurdity. A further point mentioned by the Court of Appeal is that, assuming that the plaintiff was a soldier subject to military law at the time of the alleged injuries, an express remedy is given to him by section 43 of the Army Act, and he has, therefore, no other remedy. This principle is laid down by LUSH, J., in Dawkins v. Lord Paulet (L. R. 5 Q. B. 94), and is in accordance with Keighley v. Bell (4 F. & F. 763) and Dawkins v. Lord Rokeby (lb. 706)-cases which were relied on by KENNEDY, J., in support of parts of his judgment. The result is eminently satisfactory, and the decision is important. and on the consideration that that appears to be the difficulty which was intended to be met by the section as a whole, and the only difficulty so far as I can see. I cannot say that everything for the purposes of the Act is to be read into the section." And, apart from section 4, the learned judge held that there was nothing in the Settled Land Acts, "as a general rule," to compel trustees of a compound settlement to be appointed "whenever a deed is executed affecting interests under the original settlement so that that settlement is no longer the only instrument by which land stands limited to persons by way of succession." He also took occasion to say that, on consideration, he adhered to his decision in Re Keck and Hart's Contract that an appointment of jointures would not create a compound settlement, and added that there was "nothing in the Act which says that trustees of the settlement for the purposes of the Act are to be deprived of their power of receiving and giving receipts for purchase-money by a charge of portions." The profession owe a debt of gratitude to Mr. Justice STIR-ings of the House of Lords Committee on the Companies Bill has LING for his decisions and for the admirable reasoning by which they are supported. We will not venture to indicate as yet the course which practitioners will consider it advisable to take in dealing with the questions involved in the above-mentioned cases, but we may point out that while, in the case of jointures and portions, the decision of the Irish judge and of NORTH, J., have been explained as not applicable, in the case of charges on the interest of the tenant for life, we have apparently conflicting decisions of two learned judges of the Chancery Division. THE DECISION of the Court of Appeal in Marks v. Frogley, overruling the decision of KENNEDY, J. (1898, 1 Q. B. 396), will be received with general satisfaction. It was felt that, whatever might be the true construction of the relevant sections of the Army Act, 1881, the law ought not to be that a volunteer private, by carrying out an order of his superior officer, which at the time it was given he was bound to obey, should render himself liable in damages at the suit of another volunteer, against whom the order was directed. The facts of the case were simple: The plaintiff, a member of a volunteer corps, was, by order of the adjutant, kept in custody by the defendants, a lance-corporal and two privates of the same corps, during the railway journey from Shorncliffe, where the corps had been taking part in a week's training with the regular forces, to Hertfordshire, where the corps was dismissed. The reason for the order was that an accusation of theft, afterwards proved to be utterly unfounded, had been made against the plaintiff while in camp at Shorncliffe. One defence set up was, that the plaintiff and the defendants were subject to military law during the occurrence of the events complained of, in which case the defendants' conduct was clearly justifiable. As to this point section 176 of the Army Act, 1881, provides that volunteers shall be subject to military law "when they are being trained or exercised with any portion of the regular forces"; but KENNEDY, J., held that the training, and therefore the subjection to military law, ceased when the volunteers left the camp, or, if not then, at least when they left Shorncliffe Station in the train. The Court of Appeal have held that the training and the military law continued so long as the corps remained under arms-viz., until it was dismissed in Hertfordshire. They were assisted in arriving at this satisfactory conclusion by article 374 of the Volunteer Regulations, which provides that the subjection to military law is to arise when volunteers "join a camp with regular forces or are assembled for training or exercise with any portion of the regular forces." But even apart from this regulation (which was not before the judge in the court below), the construction put by the Court of Appeal on section 176 seems to be in accordance with good sense, and preferable to that adopted by KENNEDY, J. A further defence was that, under section 158 of the same Act, "where an offence under this Act has been committed by any person while subject to military law, such person may be taken into and kept in military custody," although he or his battalion has ceased to be subject to military law. Here, again, the Court of Appeal differed from KENNEDY, J., and held that the section means "where a THE EVIDENCE given by Mr. BUCKLEY, Q.C., at the last two meetranged over most of the points covered by the Bill. Mr. BUCKLEY joins in the general approval of clause 4, which requires that the company shall not go to allotment save upon a minimum subscription to be fixed by the memorandum or articles of association and named in the prospectus, and he sees also what has been already pointed out, that the provision of clause 6, forbidding the company to exercise its borrowing powers until certain conditions as to allotment of and payment for shares have been complied with, will render impossible the present practice of offering shares and debentures to the public at the same time. He proposes to get over the difficulty by allowing the company to enter at once into a provisional contract for the issue of debentures, the contract to become binding so soon as the registrar gives his certificate that the requirements of the section have been complied with. In respect of underwriting, Mr. BUCKLEY confirms the general opinion that this mode of securing the flotation of a company must be permitted, though it is permissible to doubt the soundness of his suggestion for limiting the amount of commission payable and for requiring it to be paid only in cash. Payment in cash would suit the underwriters exactly, but in many cases it would be less advantageous for the company, and if the practice of underwriting is recognized at all, the amount of the commission must be left to be settled by the parties. A large commission does not necessarily mean that the venture is commercially unsound. It may be a proper reward for floating a business which is good enough in itself, but which is not of a kind just at the time fashionable with the investing public. Mr. BUCKLEY joins in the general objection to clause 14, with its minute requirements as to the contents of prospectuses, and he Directors have to take commercial risks, and it may to increasing the responsibility of directors. be their business "not to be prudent, but to be in a reasonable and honest sense imprudent.' He expressed himself in favour of the registration of debenture mortgages, but stipulated for the freedom of companies in respect of ordinary commercial charges. Apparently this is secured by the Bill, which expressly provides (clause 20 (2)) that it shall not be necessary to register liens by law or charges created in the ordinary course of business. In respect of accounts, Mr. BUCKLEY has carried the criticism of the Bill further, we believe, than has hitherto been done, and has referred to the case of companies where all the ordinary shares are held by members of the original firm, and the preference shareholders are excluded from knowledge of the accounts. He would accordingly strike out of the Bill the provision for laying a yearly balance-sheet before the members accounts. The latter provision, he considers, would make limited of the company, as well as the provision for publication of liability go out of fashion, and, as regards private companies at any rate, it is very possible that it would have this effect. 18 averse A CURIOUS question as to the power of directors of a company to secure for themselves compensation for loss of office arose in the case of Kaye v. Croydon Tramways Co. (46 W. R. 405). A provisional agreement was made by the directors of the defendant company for the sale of the company's undertaking and assets to the British Electric Traction Co. for a sum of £30,543. |