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to land. The first lectures will be delivered on Friday, the 20th Oct., at ten and five o'clock, and the lectures will he continued at the same hours on subsequent Fridays. The Reader will endeavour to make the lectures as practical as possible, and opportunities of discuss ing the subjects dealt with will be afforded to gentlemen attending the lectures.
During Michaelmas Term the Assistant Reader proposes to deliver lectures as follows: On Tuesdays, Carriage of Goods by Land." The duties of a bailee of goods for carriage; Common carriers' liability; The Carriers Act 1830; the Railway and Canal Traffic Act 1854, 8. 7. The first lecture will be delivered on Tuesday, the 17th Oct., at ten o'clock, and the lectures will be continued at the same hour on subsequent Tuesdays. On Wednesdays and Thursdays, "The Law of Master and Servant." Contracts of hiring and service -Formation of the contract-The Statute of Frauds-Capacity of parties; Determination of service-Notice-Dismissal-Death; Breach of the contract-Wrongful dismissal; Remedies-Damages-Specific performance-Injunction. The first lecture will be delivered on Wednesday, the 18th Oct., at ten o'clock, and the lectures will be continued at the same hour on subsequent Thursdays and Wednesdays.
Reader, Mr. J. ANDREW STRAHAN; Assistant Reader, Mr. G. M. T. HILDYARD.
During Michaelmas Term the Reader proposes to deliver lectures as follows: On Mondays, "The Law of Trusts." The first lecture will be delivered on Monday, the 16th Oct., at eleven o'clock, and the lectures will be continued at the same hour on subsequent Mondays. On Wednesdays, Thursdays, and Fridays, "The Remedies of Mortgagors and Mortgagees." The firet lecture will be delivered on Wednesday, the 18th Oct., at eleven o'clock, and the lectures will be continued at the same hour on subsequent Thursdays, Fridaye, and Wednesdays. The Reader will be in his chambers, 1, New-square, Lincoln's inn, on Friday, the 13th Oct., from 12 to 1 p.m., when he will be glad to see gentlemen who wish for his advice as to their course of reading, &c.
During Michaelmas Term the Assistant Reader proposes to deliver lectures on "Conversion and Re-Conversion ""Election." The first lectures will be delivered on Tuesday, the 17th Oct., at eleven and five o'clock, and the subsequent lectures on Wednesdays at five o'clock, and Tuesdays at eleven and five o'clock
HINDU AND MAHOMEDAN LAW. Lecturer, Sir E. J. TREVELYAN.
During Michaelmas Term lectures will be delivered on "Hindu and Mahomedan Law." The first lecture will be delivered on Monday, the 16th Oct., at four o'clock, and the lectures will be continued at the same hour on subsequent Wednesdays, Thursdays, and Mondays.
The director of legal studies, Mr. Blake Odgers, LL.D. K.C., will be in his chambers, at 15, Old-square, Lincoln's inn (on the second floor), every Tuesday, Wednesday, and Thured ay during the educa tional term, between the hours of 10.30 a m. and twelve noon. when he will be glad to see any student of an Inn of Court who desires to consult him as to lectures, books, or any other matter affecting his legal studies. He will also be glad to see any student who is reading for the Final Examination on any Tuesday during the educational term between 3 and 3.30 p.m.
ARTICLED CLERKS-Clerks serving under articles of clerkship to solicitors may attend the lectures on payment of half the fees payable by other persons not being members of an Inn of Court, the council of the Law Society having agreed with the Council of Legal Education for payment of the remainder. Articled clerks may obtain vouchers for tickets by application to the secretary at the hall of the Law Society, Chancery-lane, W.C.
Particulars as to fees payable by gentlemen not being members of an Inn of Court may be obtained upon application to the clerk of the council, 15, Old-square, Lincoln's-inn, W.C.
REGULATIONS for the ADMISSION of PERSONS who are not members of any Inn of Court to lectures delivered under the direction of the council. (See note at foot as to arrangement with the Law Society.
Any gentleman not a member of an Inn of Court shall, on payment of a sum of four guineas, be entitled to attend all the lectures during any four consecutive educational term, and on payment of a sum of six guineas he shall be entitled to attend the lectures during any eight consecutive educational terms.
Each non-member shall, on payment of a fee of two guineas, be entitled to attend all the lectures for one educational term, or the lectures on any one subject for four consecutive educational terms. Each ticket of admission to run from the date of the ticket. Each ticket to be dated on the first day of the educational term in or for which it is issued.
Afternoon or evening lectures on special subjects, to be from time to time announced by the council, shall be delivered, and shall be open to all members of the Inns of Court free, and to gentlemen nonmembers on payment of a fee of one guinea for each course, and to articled clerks on payment of 10s. 6d. for each course.
The imes, places, and subjects for these lectures on special subjects will be fixed by the council.
Tickets to be obtained at the office of the council. Each nonmember, on applying for his ticket, to enter his name and address in a book to be kept by the clerk for that purpose, and his fee to be paid at the office of the Council of Legal Education.
Tickets issued to any person not being a member of an Inn of Court, to attend any of the lectures, shall declare that he shall be subject to such regulations as the council may from time to time prescribe.
ARTICLED CLERKS.-Clerks serving under articles to solicitors may attend the lectures on payment of half the fees payable by other persons not being members of an Inn of Court, the council of the Law Society having agreed with the Council of Legal Education for payment of the remainder.
REGULATIONS FOR TERM EXAMINATIONS.
1. There will be an examination at the end of the Michaelmas educational term in each of the following subjects: (1) Roman law and jurisprudence; (2) Constitutional law (English and Colonial) and legal history; (3) Criminal law and procedure; (4) Real property and conveyancing; (5) Common law; (6) Equity; (7) Law of evi dence and civil procedure. Any student may present himself for examination in more than one subject.
2. No student will be admitted to the examination in any subject who has not attended two-thirds of the lectures delivered in that subject since the last examination, unless he can satisfy the director of legal studies that his absence was occasioned by illness or other sufficient cause.
3. Each examination will last one and a half hours; it will be conducted by means of printed questions and written answers; and the papers will contain questions on the matters on which the Reader and Assistant Reader have lectured since the last examination.
4. The date and place of each examination will be fixed at least a week beforehand, and announced both by written notice and orally by the Reader and Assistant Reader. Any student intending to present himself for examination in any subject must notify his intention in writing to the clerk of the Council of Legal Education, 15, Old-square, Lincoln's-inn, W.C., not less than two clear days before the time appointed for the examination in that subject.
5. The Readers and Assistant Readers will report the results of the examinations to the chairman of the board of studies, who shall lay the results before the Council of Legal Education at its next meeting.
6. Every student who, in the opinion of the chairman of the board of studies, has passed a satisfactory examination in any subject, will be so informed by the clerk of the council.
7. A prize of law books to the value of £5 will be awarded to the student who does best in each examination, if the examiner considers that his answers are of sufficient merit. Such books shall be selected by the successful student, with the approval of the director of legal studies. The prize may be divided between students of equal merit. A student who has obtained a prize shall be at liberty to enter for any subsequent examination, but not to obtain a second prize, in the same subject.
ADVANCED CLASS.-MICHAELMAS TERM 1911 AND HILARY TERM 1912.
SYLLABUS of an ADVANCED CLASS to be held by Mr. W. Blake Odgers, M.A, LL.D., K.C., on CIVIL PROCEDURE, &c.
In Michaelmas Term 1911 and Hilary Term 1912 the Reader in the Law of Evidence and Civil Procedure will hold an advanced class on the following subjects:
Michaelmas Term 1911.-"Work in a Barrister's Chambers." Oct. 19, The work of a junior counsel; Oct. 26, How to write an opinion; Nov. 2, Description of the various series of Law Reports; Nov. 9, How to use Law Reports; Nov. 16, How to advise on evidence; Nov. 23, How to get up a brief.
Hilary Term 1912.-" Civil Work in the Court of Quarter Sessions.' Jan. 18. The history and jurisdiction of the Court of Quarter Sessions; Jan. 25, Matters affecting highways; Feb. 1, Appeals in bastardy cases; Feb. 8, Appeals in Poor Law cases; Feb. 15, Appeals in rating cases; Feb. 22, Other appeals from magistrates. At the close of the Hilary Educational Term 1912 an examination will be held for students of the Inns of Court on the subjecte dealt with in the class. No student will be admitted to this examination who has not attended at least two-thirds of the meetings of the class, unless he can satisfy the director of legal studies that his absence was occasioned by illness or other sufficient cause. A prize of books of the value of £5 will be awarded to the student who does best in this examination. Such books may be selected by the Puccessful student, with the approval of the director of legal studies The class will be held in the Old Hall, Lincoln's-inn, on Thursdays, at 4.5 p.m., commencing on the 19th Oct. 1911.
The class will be open without payment to all barristers, and to all students of the Inns of Court who have passed Part 1 of the Bar Examination. The class will also be open to articled clerks on payment of a fee of half a guinea, and to other persons on payment of a fee of one guinea for the course.
Tickets for artioled clerks and other persons not members of an Inn of Court can be obtained at the office of the council, 15, Old-square. Lincoln's-inn, W.C.
The Liverpool Law Clerks' Society has sent us their educational programme for Oct 1911 to March 1912, which includes a series of lectures by Mr. O. W. Owen, M.A., on "Practice and Procedure of the Chancery Division of the High Court," and a series of lectures by Mr. O. G. Morris, barrister-at-law, on "The Workmen's Com ensation Act, Practice and Procedure." The lectures will be delivered and the examination held in the lecture room of the Incorporated Law Society of Liverpool, 10, Cook-street, Liverpool, commencing each evening at 6.15 p.m. prompt.
THE COURTS AND COURT PAPERS. HIGH COURT OF JUSTICE.-LONG VACATION NOTICE.
DURING the Vacation up to and including Wednesday, the 11th Oct., all applications "which may require to be immediately or promptly heard" are to be made to the Hon. Mr. Justice Lush.
COURT BUSINESS.-The Hon. Mr. Justice Lush will, until further notice, sit in King's Bench Court IX., Royal Courts of Justice, at 11 a.m. on Wednesday in every week, commencing on Wednesday, the 6th Sept., for the purpose of hearing such applications of the above nature as, according to the practice in the Chancery Division, are usually heard in court. No case will be placed in the judge's paper unless leave has been previously obtained, or a certificate of counsel that the case requires to be immediately or promptly heard, and stating concisely the reasons, is left with the papers. The necessary papers, relating to every application made to the Vacation judges (see notice below as to judges' papers), are to be left with the cause clerk in attendance, Chancery Registrars' Office, Room 136, Royal Courts of Justice, before one o'clock two days previous to the day on which the application is intended to be made. When the cause clerk is not in attendance, they may be left at Room 136, under cover, addressed to him, and marked outside Chancery Vacation papers, or they may be sent by post, but in either case so as to be received by the time aforesaid.
URGENT MATTERS WHEN JUDGE NOT PRESENT IN COURT OB CHAMBERS.-Application may be made in any case of urgency, to the judge, personally (if necessary), or by post or rail, prepaid, accompanied by the brief of counsel, office copies of the affidavits in support of the application, and also by a minute, on a separate sheet of paper, signed by counsel, of the order he may consider the applicant entitled to, and also an envelope, sufficiently stamped, capable of receiving the papers, addressed as follows: "Chancery Official Letter: To the Registrar in Vacation, Chancery Registrars' Office, Royal Courts of Justice, London, W.C." On applications for injunctions, in addition to the above, a copy of the writ, and a certificate of writ issued, must also be sent. The papers sent to the judge will be returned to the registrar. The address of the judge for the time being acting as Vacation judge can be obtained on application at Room 136, Royal Courts of Justice.
CHANCERY CHAMBER BUSINESS.-The chambers of Justices Joyce and Eve will be open for Vacation business on Tuesday, Wednesday, Thursday, and Friday in each week, from ten to two o'clock.
KING'S BENCH CHAMBER BUSINESS.-The Hon. Mr. Justice Lush will, until further notice, sit for the disposal of King's Bench business in Judges' Chambers at 11 a.m. on Tuesday and, if necessary, also on Thursday in every week, commencing on Tuesday, the 12th Sept.
PROBATE AND DIVORCE.-Summonses will be heard by the registrar, at the Principal Probate Registry, Somerset House, every day during the Vacation at 11.30 (Saturdays excepted). Motions will be heard by the registrar on Wednesdays, the 13th and 27th Sept., at the Principal Probate Registry, at 12.30. Decrees wil. be made absolute on Wednesdays, the 6th, 20th, and 27th Sept. All papers for motions and for making decrees absolute are to be left at the Contentious Department, Somerset House, before two o'clock on the preceding Friday. The offices of the Probate and Divorce Registries will be opened at eleven and closed at three o'clock, except on Saturdays, when the offices will be opened at ten and closed at one o'clock. JUDGE'S PAPERS FOR USE IN COURT.-CHANCERY DIVISION.-The following papers for the Vacation judge are required to be left with the cause clerk in attendance at the Chancery Registrars' Office, Room 136, Royal Courta of Justice, on or before one o'clock, two days previous to the day on which the application to the judge is intended to be made: 1. Counsel's certificate of urgency or note of special leave granted by the judge. 2. Two copies of writ and two copies of pleadings (if any), and any other documents showing the nature of the application. 3. Two copies of notice of motion. 4. Office copy affidavits in support, and also affidavits in answer (if any). N.B.-Solicitors are requested, when the application has been disposed of, to apply at once to the judge's clerk in court for the return of their papers.
Chancery Registrars' Office, Royal Courts of Justice,
Sir WILLIAM JAMES FARRER, who died suddenly on Sunday night at Wokingham, in his ninetieth year, was the second son of Mr. Thomas Farrer, of the Ingleborough family, brother of the first Lord Farrer, and uncle of the present peer. He was admitted a solicitor sixty-two years ago, and was High Bailiff of Westminster from 1868 to 1887, in which year he was knighted. Sir William Farrer was a magistrate for Berkshire and Middlesex.
Mr. STANLEY VICTOR MAKOWER died on the 17th inst. in his fortieth year. Mr. Makower was educated at University College School and Trinity College, Cambridge. He was called to the Bar at Lincoln's-inn in 1895, but never practised. He was a writer of great ability and considerable promise.
Mr. THOMAS GEORGE GIBSON, of Lesbury House, Northumberland, the senior partner in the firm of Gibson, Pybus, and Pybus, solicitors, Newcastle, died on the 16th inst. He was born in 1830, and was the eldest son of the late Thomas Cummings Gibson, of that city. He was admitted in 1851. After serving under articles of clerkship to his uncle, the late George Tallentire Gibson, he went to London, where he practised on his own account for some years. In 1865 he returned to Newcastle to take up the practice and manage the property of his uncle, who had then recently died. In 1874 he took into partnership his brother, Mr. John Frederick Gibson and Mr. Robert Py bue, and, a few years later, Mr. John Pybus became a partner. Mr. J. F. Gibson left the firm in order to be called to the Bar, and soon afterwards diei. Mr. Gibson was sheriff of Newcastle in the year 1882, and mayor in the year 1883. He was five times president of the Newcastle-upon-Tyne Incorporated Law Society, and was its honorary secretary from 1871 to 1890; and the organisation and success of the society were largely due to his energy and zeal. He was elected a town councillor in 1871, and an alderman in 1886, which position he resigned in 1903.
Professional Partnerships Dissolved.
GAZETTE, SEPT. 19.
BOOTH, JOSEPH LISTER, and MILLIGAN, CECIL COOPER, solicitors, Bradford and Leeds. Sept. 1. Debts due to the firm received by J. L. Booth. Debts owing in respect of Bradford business will be paid by J. L. Booth, who will continue to practise there; and C. C. Milligan will pay the debts of the business at Leeds and continue to practise there. RAY, PERCY CHARLES; FLOWER-ELLIS, CECIL FLOWER; and SIMON, ARTHUR POWELL, Solicitors, 58, Margaret-st, Regent-st, W. Sept. 6. Debts by A. W. Wyon, of Price, Waterhouse, and Co., 3, Frederick's-pl, Old Jewry, E.C.
THE BANKRUPTCY ACTS 1883 AND 1890. RECEIVING ORDERS.
GAZETTE, SEPT. 15.
To surrender at the High Court of Justice, in Bankruptcy.
CHAPPELL, A. S., Isledon-rd, Finsbury Park, builder. Sept. 11.
PARKIN, BENJAMIN KING, Leadenhall-st, engineer. Sept. 13.
To surrender at their respective District Courts.
HILLS, FREDERICK JAMES, Southend-on-Sea, professor of swimming. Ct.
HARPIN, WILLIAM, late Bramley, journeyman gas fitter. Ct. Sheffield.
JONES, WILLIAM, Upper Llandwrog, labourer. Ct. Bangor. Sept. 11. MULVANEY, THOMAS (trading as E. Winterbottom and Son), Bolton, master carter. Ct. Bolton. Sept. 12.
OVENS, ROBERT, Newcastle-upon-Tyne, builder. Ct. Newcastle-upon-Tyne.
TAYLOR, GEORGE GINGELL (trading as Taylor and Co.), Melksham, brewer.
THOMPSON, JOSEPH GREEN; THOMPSON, HENRY EDWARD; and THOMPSON,
GEORGE, Hale, advertising contractor. Ct. Manchester. WHEELER, RICHARD, Cardiff, haulage contractor. Ct. Cardiff. Sept. 12. WILSON, HERBERT, Brighouse, carpet merchant. Ct. Halifax. Sept. 11. WINTER, GEORGE YOUNG, Gateshead, dairyman. Ct. Newcastle-uponTyne. Sept. 13.
WILSON, MINNIE MAUD, late Darlington, lodging-house keeper (widow). Ct. Stockton-on-Tees. Sept. 12.
Amended notice substituted for that published in Gazette, Aug. 1. WEBB, HENRY, Wolverhampton, musical instrument dealer. Ct. Wolverhampton. July 28.
GAZETTE, SEPT. 19.
To surrender at the High Court of Justice, in Bankruptcy. GOUDGE AND BRAZIER, Fleet-st, advertising contractors. Sept. 14. HILL, GEORGE, Leadenhall-st, engineers' stove merchant. Sept. 15. HOWE, EMILY MARY, Guilford-st, Russell-sq, spinster. Sept. 15. ISRAEL, JOSEPH, Bow-rd, fish salesman. Sept. 15.
NOBLE, WILLIAM DESMOND, Wells-st, Cable-st, Stepney, chemist. Sept. 13.
THOMPSON, LIEUT. W. H. HALFORD, late Bristol. Sept. 14.
To surrender at their respective District Courts.
BROWNBRIDGE, CHARLES HENRY, St. John's Chapel, hotel proprietor. Ct. Durham. Sept. 14.
BEAUMONT, HENRY WALTER, Leiston, wheelwright. Ct. Ipswich. Sept. 16. BRADSHAW, GEORGE ROBERT (late trading as O. Wendt), Leicester, wood last manufacturer. Ct. Leicester. Sept. 16.
BRINDLEY, FREDERICK. Salford, plumber. Ct. Salford. Sept. 13.
OSBORN, STUART, Datchet. Ct. Windsor. Sept. 16.
PIDGEN, SIDNEY WALTER, Bangor, music dealer. Ct. Bangor. Sept. 14. PAGAN, JOHN BROWN, Woodbridge, watchmaker. Ct. Ipswich. Sept. 15. PLATER. ELIJAH HOLLAND, Lincoln, licensed victualler. Ct. Lincoln. Sept. 16.
WOOD, ROBERT, Great Grimsby, auctioneer. Ct. Great Grimsby. Sept. 11. WESTHEAD, EDWARD ERNEST. Sutton St. Helens, late general dealer. Ct. Liverpool. Sept. 14.
Amended notice substituted for that published in Gazette, Sept. 15. TECMPSON, GEORGE, late Manchester, advertising agent. Ct. Manchester. Sept. 13.
ADJUDICATIONS. GAZETTE, SEPT. 15.
BOXHALL, WILLIAM, Abercrave, decorator. Ct. Neath and Aberavon. Sept. 11.
COMBE, HARVEY ALEXANDER BRABAZON, St. Swithin's-la, underwriter. Ct. High Court. Sept. 14.
DCHOO, CHARLES (trading as Mrs. Dohoo), Great Grimsby, art needlework dealer. Ct. Great Grimsby. Sept. 9.
Fox, HENRY JOSEPH (trading as Henry J. Fox and Sons), Norwich, tobacco dealer. Ct. Norwich. Sept. 13.
GABBOTT, WILLIAM JOHN KAY, Manchester, joiner. Ct. Manchester. Sept. 13.
HARRIS, ISRAEL (otherwise Isidore, trading under the style of M. Harris), Spitalfields, wholesale rag merchant. Ct. High Court. Sept. 14 HILLS, FREDERICK JAMES, Southend-on-Sea, professor of swimming. Ct. Chelmsford. Sept. 11.
HARMAN, EMMANUEL, Great Yarmouth, builder. Ct. Great Yarmouth. Sept. 13.
HANSON, WALTER, Leicester, builder. Ct. Leicester. Sept. 11.
HOUNSLOW, EDWARD, Vernham Dean, coal dealer. Ct. Salisbury. Sept. 12.
HARPIN. WILLIAM, late Bramley, journeyman gas fitter. Ct. Sheffield. Sept. 12.
JONES, WILLIAM, Upper Lland wrog, labourer.
Ct. Bangor. Sept. 11.
MULVANEY, THOMAS (trading as E. Winterbottom and Son). Bolton, master carter. Ct. Bolton. Sept. 12.
MONTAGU, ROBERT CROMBIE (trading as Harry Graham), Maidenhead, dealer in antiques. Ct. Windsor. Sept. 9.
OVENS, ROBERT, Newcastle-upon-Tyne, builder. Ct Newcastle-upon-Tyne. Sept. 12.
RCPERTS FREDERICK JOSEPH, Jewin-st, children's millinery manufacturer. Ct. High Court.
SIMPSON, JOSEPH, Worksop, late grocer. Ct. Sheffield. Sept. 11.
TAYLOR, GEORGE GINGELL (trading as Taylor and Co.), Melksham, brewer.
TUCKEY, GEORGE ALBERT THOMAS, late Weston-super-Mare, solicitor. Ct. Bristol. Sept. 11.
THOMPSON, JOSEPH GREEN; THOMPSON, HENRY EDWARD: and THOMPSON. WILLIAM (trading as Joseph Thompson and Sons), Dudley, painters. Ct. Dudley. Sept. 11.
WILSON, HERBERT, Brighouse, carpet merchant. Ct. Halifax. Sept. 11. WILLING, CHARLES EDWARD GABRIEL, Manchester, director of a public company. Ct. Manchester. Sept. 13.
WINTER, GEORGE YOUNG, Gateshead, dairyman. Ct. Newcastle-uponTyne. Sept. 13.
WILSON. MINNIE MAUD, late Darlington, lodging-house keeper (widow). Ct. Stockton-on-Tees.
CLAMPITT, GEORGE, Kings-rd, St. Pancras, coal merchant. Ct. High Court. Sept. 16.
CARR, DAVID SHARP, Wembley, horse dealer. Ct. St. Albans. Sept. 14.
DOVER, JOHN GEORGE, Darlington, engine fitter. Ct. Stockton-on-Tees.
THOMPSON, GEORGE, late Manchester, advertising agent. Ct. Manchester.
WHEELER, RICHARD, Cardiff, haulage contractor. Ct. Cardiff. Sept. 15. WESTHEAD, EDWARD ERNEST, Sutton St. Helens, late general dealer Ct. Liverpool. Sept. 14.
GAZETTE, SEPT. 15.
MALLETT, JOHN, Lowestoft, fish merchant. Ct. Great Yarmouth. Sept 11.
BIRTHS, MARRIAGES, AND DEATHS.
LLOYD. On the 14th inst., at Glencourt, Addiscombe-rd, Croydon, the wife of Frederick Charles Lloyd, Solicitor, of a son.
DU PARCO-RENOUF.-On the 8th inst., at the office of the Superintendent Registrar of Jersey, Herbert du Parcq, of the Middle Temple, Barrister-at-law, to Lucy, eldest daughter of John Renouf, jun., of Auckland, Roseville-st, Jersey.
TURNER-MATZINGER.-On the 14th inst., at West Kensington Congregational Church, Sydney George Turner, Barrister-at-law, to Alice Edith, second daughter of Mr. and Mrs. G. A. Matzinger, of 23, Edith-rd, West Kensington.
UNDERHAY-SUTTON. On the 12th inst., at Holy Trinity, Northwood, Frank George Underhay, M.A., Barrister-at-law, to Emily Mabel, second daughter of Frederick Sutton, J.P., of Thanet Lodge, Northwood, formerly of St. Peter's, Thanet.
SUPREME COURT & HOUSE OF LORDS,
WITH PRACTICAL AND EXHAUSTIVE NOTES,
Edited by M. MUIR MACKENZIE, Official Referee of Supreme Court;
A COMPLETE STATEMENT
KING'S BENCH DIVISION.
NOTES AND QUERIES................................................ 491
THE COURTS AND COURT PAPERS.-
The Law and the Lawyers.
INSTEAD of dealing with a variety of subjects, Mr. W. J. HUMFRYS, in his presidential address delivered at the provincial meeting of the Law Society this week at Nottingham, directed his observations to the all-important topic of land transfer. Naturally, the president first of all dealt with the unwarrantable aspersions cast on the solicitor branch of the Profession in the recent debate in the House of Lords, and
PRACTICE AND PROCEDURE reiterated the protest of the Law Society which we published
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Vol CXXXI - No. 35 4.
a fortnight ago. In the course of his exceedingly interesting address Mr. HUMFRYS points out that the reformers of the past generation realised that the mode of facilitating and cheapening dealings with land lay in the simplification of the law itself and in the removal, as far as possible, of its technicalities; and, further, that the policy of simplifying thelaw, as exemplified by the conveyancing statutes of the last century, was actively supported by the society, which has for some time been promoting further legislation on those lines. We entirely agree with him that to legislate for the registration of titles without as a preliminary step simplifying the titles to be registered is to begin at the wrong end, and that. the result of the experiment in the county of London has been disastrous to everybody interested in the transfer of land except the officials.
WHEN We dealt with the report of the Royal Commission, we
1, The register to refer to nothing but the entire interest in the property.
2. Distringases or cautions to end after a certain length of notice has been given unless an inhibition is obtained.
3. One register to be established for the whole country, residents in the provinces, both principals and solicitors, to have an option to forward documents, whether conveyances to be registered, cautions, deeds for enrolment, or any others by post.
4. The idea of an absolute or indefeasible title to be abandoned, and that the land registered should be that comprised in the conveyance on a purchase or in the accounts for estate duty on the death of a landowner.
Mr. HUMFRYS insists that titles must be simplified and the law must give to the holder of land the same power of disposition which the holder of stock now enjoys if any further reform is to be carried out, and he urges that, if any system of compulsory registration is to succeed, the entries upon the register must be confined to entries of the entire interest in the land, all limited and equitable interests being dealt with outside the register, just as the registers of stocks at present take no notice of equities of any kind. We commend the proposals of the president to the careful consideration of the Profession, and we quite agree that such a scheme, if registration is essential and compulsory, would be far simpler and less expensive than any hitherto proposed; and there is a great deal in his observation "that hardly any reform would do so much to simplify the law of property as one which would remove for all purposes the distinction, now practically obsolete, between real and personal property."
THERE is little doubt that there is a fixed determination existing at the present time amongst those in authority to introduce some further scheme of compulsory registration. The Profession has strenuously opposed in the past any attempt to extend the system of officialdom, which has been proved to have benefited nobody, and to have merely added to the cost of the transfer of land. Because they desire to safeguard the interest of their clients, insinuations have been made that the Profession has merely been actuated by interested motives, and other suggestions have been put forward equally without foundation. Both branches of the Profession have always supported changes in the law that make for reform, but they have also always strongly opposed changes that merely increased the number of officials without any corresponding benefit for the public.
Ir will be noticed that the papers contributed by the members of the society at the meeting deal more this year with subjects of general interest than with those of domestic importance. The "Relations of Law and Labour," by Mr. DIXON H. DAVIES, treats of a matter of immediate importance; while Mr. H. KINGSLEY WOOD discusses some legal aspects of the National Insurance Bill, and puts forward some matters as to which amendment is necessary. Maritime Conventions" are considered by Mr. SANFORD D. COLE, and Mr. J. W. F. JACQUES deals with women and the unfair position which they occupy at the present time from a legal point of view, and he makes a few suggestions as to how the law should be altered or extended. The space at our disposal has compelled us to hold over Mr. J. S. RUBINSTEIN's paper on the "Land Transfer Scandal,'" but we shall publish it in due course.
AGAIN we find a very "considerable difference in practice in the administration of the Act among the various County Court judges," to quote the words of the report of the Select Committee on the Imprisonment of Debtors, and we again give extracts from the tables contained in the statistics which show the extraordinary diversity of practice that exists throughout the country. The figures given can be explained in no way but on the supposition that some judges consider that the powers conferred by the statute should only be exercised when strict proof is given of the contumacy of the debtor, while others take a far more elastic view of their duties. We have no hesitation in saying, as we have so often said before, that such a system is bad and stands self-condemned, and merely engenders a false system of credit backed by the sanction of the judgment summons.
PERHAPS the most striking of all these figures are those which relate to Circuits 16 and 17. The amount of business done, so far as plaints entered are concerned, on these two circuits is more or less the same, the former including Kingston-upon-Hull and Barnsley, and the latter Great Grimsby, Boston, and Lincoln. It will be seen from the tables we have given above that the figures with regard to the administration of the Debtors Act on these two circuits have been entirely reversed in the past seven years, and this can only be due to one cause-namely, what the Times describes as the "personal equation" of the presiding judge. We would also call attention to the figures on Circuit 21 (Birmingham), for although 393 debtors were actually imprisoned, but thirty-seven served their full time, a striking contrast to the proportionate numbers on the other circuits outside the metropolis.
To our mind, this question of the administration of the law as to the imprisonment of debtors is of far more importance