250

THE JURIST.

any dealing affecting registered land can be entered or noticed on the register.

132. "Where the value of the land on the register affected by any document proposed to be registered, and on the registration of which an advalorem fee is payable, does not appear from such document (the same not being a mortgage or charge), a statement in writing of such value under the hand of some competent person shall be left in the office, and the fee payable in respect thereof shall be thereupon paid upon the sum mentioned in such statement to be the value of the property. If such statement, however, shall not be satisfactory to the registrar as to the value, further proceedings shall be taken to ascertain the same under the [See Nos. 277, 278] 35th and 36th of the General Orders of the 1st October, 1862, and such further fee shall be paid as the registrar shall thereupon direct." 12.

133. The following is a form of a statement of value :

No.

LAND REGISTRY.

I, X. Y., of &c., hereby declare that I am well acquainted with the hereditaments comprised in the day of, 18-, proposed document dated the to be registered, being part of the estate registered and that the annual value of such under the No. or the value for hereditaments does not exceed £salę, £. Dated, &c.

[Signed X. Y.]

1606.

the registered proprietor described therein, is received for registration, within fourteen clear days from and after the date of such certificate, such certificate should be delivered up.

140. In every case search should be made for special land certificates (noted under the 70th section of the act), restraints on conveyance (under the 93rd section), and cautions (under the 96-98th sections); and if any such appear affecting the lands or interests dealt with, when the document is received for registration the official note of reference must be made expressly subject to such special certificate, restraint, or caution, unless in case of such special certificate the same is delivered up.

141. In every case where there is a subsisting special land certificate, the official note of reference should livered up. state whether such certificate has or has not been de

142. Where any restraint or caution subsists, all requisite notices, if any, should at once be given through the office, and should be left in the office for that purpose.

power

of

143. When the original document and the attorney (if any), and the statutory declaration, and the printed or written copies or deposit in respect thereof before referred to, have been left in the office, and all stamp and advalorem fees have been paid, the document will be considered as #eceived for registration.

been duly entered on the register, but without prejudice to the provisions as to special land certificates.

144. By the 76th section of the act, a deed or in134. "A printed or written copy of every docu-strument received by the registrar is deemed to have ment proposed to be registered, and which by the act is required to be printed, must be left in the office; and when such copy has been examined with the original under the direction of the registrar, and the original has been stamped or indorsed as provided for by the [See Nos. 158, 279] 75th section of the act, the original shall be returned on a proper receipt being given for the same." 13.

135. The 86th section of the act provides that, for the purpose of registration, a printed copy of every deed or document [See No. 175] (not testamentary) affecting registered land may be delivered to or shall be obtained by the registrar at the expense of the person registering.

136." All printed copies or memorials, or written copies or memorials not by the act required to be printed, left in the office for registration, shall be printed or written on paper of the same description and size as that on which bills in Chancery are required to be printed." 14.

137. "In case no printed copy of any document required to be printed shall be left in the office, a sufficient sum to meet the cost of printing shall at the time of leaving the document for registration be deposited in the office, the amount of such deposit to be settled by the registrar." 15.

138. In every case, before any document can be received for registration, a printed copy must be left with exact tracing or copy annexed (coloured where necessary) of map (if any) on original document; or, if no printed copy, a written copy and deposit for printing, and for stationer's charge for making or annexing tracing on copy when printed; or if no printed copy and no written copy, then a deposit for making such written copy, and for printing the same, and for tracing where necessary. The deposit for printing will be calculated at the rate of 68. 8d. for the first ten folios or any less number, and 8d. a folio after the first ten folios, and for making the written copy at 6d. for the first four folios or any less number, and 14d. a folio after the first four folios.

139. Before any document affecting the land comprised in any special land certificate, and the estate of

145. "When any document is received for registration, an official note of reference to the same shall be forthwith made in the record of title or register of incumbrances, as the case may require, which shall consist of a reference to the document, and the date when it was received; and the registration thereof, when completed, shall bear date in accordance with such note. But if the applicant shall not complete the registration within such time as the registrar shall fix for that purpose, the registrar may cancel such note." 19.

146. "Where a land certificate has been issued, to the possession of which the registered owner whose interest is proposed to be dealt with is entitled, the same must be produced to the registrar, or the nonproduction thereof satisfactorily accounted for before the registration of any proposed dealing with the property is completed." 16.

147. The printed copy of the document left for registration will be examined with the original. If no printed copy be left, the written copy (and when none left, one to be made for the purpose) will be sent to be printed; and when printed, the printed copy be examined with the original, a tracing or copy of the map (if any) on the original, being first annexed to such printed copy.

will

148. In every case of a dealing with part only of land registered, unless the part dealt with can be ac curately defined merely by reference to the original map deposited in the office, a map of the part so dealt with should, where practicable, be annexed and reThis map may consist of a tracing ferred to in the conveyance or other document dealing with the same. from the original map, and may be procured from the In every case the map aforesaid map department [see No. 34] under the charge of Colonel Leach. should be on the same scale as the original map; if not a tracing should, as to the outlines, be an exact copy from the original map.

and

149. "The registrar may keep the books of the register in such manner that the entries therein shall

ef

thes

in the

from time to time shew only the estates, rights, powers, interests, charges, and incumbrances, exceptions, qualifications, and conditions, for the time being appearing from the register to be subsisting or capable of taking effect in the land registered under the number to which such entries relate, and for that purpose may from time to time withdraw from the register, by cancellation, any official note or entry." 18.

150. "In every case of a dealing with a part only of any land on the register, the registrar may require such maps of such land to be made and lodged in the office at the expense of the applicant as he may think fit [See Nos. 28, 38], and the 7th and 11th of the General Orders of the 1st October, 1862, shall in all respects apply to such maps." 21.

151. The 7th and 11th of the General Orders of 1862 provided, in effect, that all necessary maps should be made, and the boundaries of the land ascertained, in such manner as the registrar should direct.

152. "Where any registered land shall become divided by means of any absolute transfer, the registrar may make up a separate record of the particulars of the part so transferred; and the subsisting estates, rights, powers, interests, charges, and incumbrances, exceptions, qualifications, and conditions therein, distinguished by a separate number, and the part so transferred shall thenceforth be registered as a separate estate. In case of such separate registration, any map of the land deposited in the office shall, at the expense of the applicant, be altered in such manner as the registrar shall direct, so as properly to distinguish thereon the part of the land so transferred and separately registered." 20.

153. [See No. 47]. On any dealings by way of absolute transfer with part only of land registered, it is necessary that the original map in the office should be altered so as to distinguish thereon the part dealt with, and that a new map under a new number of the part dealt with should be deposited in the office. It is also necessary, to prevent complications in the entries in the register relating to either the original or new estate, that a separate record under a new number should be made up of such new estate. For these purposes the original map in the office, and the printed copy document, and the tracing or copy map thereon, will be sent to Colonel Leach, who will examine the same, and, unless the tracing or copy map on the printed copy document be an exact tracing or copy of the original map, will, at the cost of the transferee, make a tracing from such original map of the part dealt with. In that case the transferee must, at the like cost, forthwith procure such tracing to be signed or approved by the principal parties interested in the transaction, and return the same so approved to Colonel Leach.

(To be continued).

BOOKS RECEIVED.

Remarks on the late Report from the Select Committee on Bankruptcy, and the Bankruptcy Bill now pending. In a Letter to Lord Brougham and Vaux. By Arthur James Johnes, Esq., Judge of the MidWales County Court. pp. 32.-Wildy & Sons.

Parliamentary Costs, Analysis, and Particulars of a Solicitor's Bill of Costs, in respect of obtaining a Railway Act. By W. Norris. 12mo., pp. 69.-P. Š. King. Institute of Jurisprudence. By William Austin Montriou, Advocate of the High Court, Bengal. 8vo., pp. 232.-Calcutta: Drozario & Co. London: Macmillan & Co.

Imperial Parliament.

HOUSE OF LORDS.-Thursday, June 7.

The Lord Chancellor brought in a bill, which was read a first time, to facilitate the inrolment in Chancery of the title deeds of land left for charitable uses.

LAW OF CAPITAL PUNISHMENT AMENDMENT BILL. On the motion of the Lord Chancellor, this bill passed through committee pro formâ, in order that it might be Lord Brougham made some remarks on the bill, but they printed with amendments. were inaudible in the gallery.

CROWN LANDS BILL.

On the order of the day for the second reading of this bill, Lord Redesdale presented a petition from a private gentleman, complaining that the bill contained an indirect assumption of the right of the Crown to the foreshore-a right on which considerable doubt had been thrown by the latest decision.

Earl Granville moved the second reading of the bill. The Duke of Buccleuch complained that the bill transferred to the Board of Trade powers over the foreshore which commented severely upon the conduct of the Crown in enit was very doubtful whether the Crown possessed. He also croaching upon the foreshore rights of private proprietors in Scotland.

Lord Chelmsford said that he understood the only object of the bill was to transfer whatever rights over the foreshores the Crown possessed from the Board of Woods and Forests to the Board of Trade. It did, however, contain some expres sions which might be construed as extending such rights, and

it would be desirable to omit them.

The Lord Chancellor denied that the act was intended to

sess. It was simply a transfer of such rights as the Crown give clandestinely to the Crown powers which it did not pos did possess from one department of the Government to an

other.

Earl Granville said that it was not intended to sanction

any encroachment on the rights of the commoners.

After a few words from the Earl of Derby,

The bill was read a second time.

Earl Nelson moved that the bill should be referred to a select committee

Earl Granville opposed the motion.

The Earl of Malmesbury supported the reference to a select After a short conversation, the motion was agreed to. committee.

THE COMPANIES ACT (1862) AMENDMENT BILL. On the order of the day for going into committee on this bill,"

Lord Redesdale objected to the clauses giving companies the power to reduce the amount of their shares. The class of persons who held 1007. shares was very different from the clauses to which he referred would be that shares would be class of persons who held 107. shares; and the effect of the transferred from persons of substantial means to those in a humbler rank in life.

Lord Overstone said the bill would give great facility to spread shares amongst an inferior class of the community than those by whom they were now held. Shares were now little better than symbols of gambling, and this measure would press. In May, 1864, the total number of shares created promote the very speculation which it was desirable to reunder the Companies Act was 42 millions. During the previous sixteen months, 13,350,000 shares had been created, and has this process had been continued in an intensified degree for the subsequent twenty months, he left their Lordships to judge what the number was at present. Surely it was not expedient to increase that number, and to spread wider and wider the ruin which these companies were calculated to produce. As an illustration of the working of these concerns, he might refer to the case of Overend, Gurney, & Co., conducted originally as a private firm. It was almost breaking down in consequence of the losses sustained by imprudent management, when the happy idea occurred to the members of the firm of selling it to a limited liability com

252

Earl Granville was not prepared to pledge the Government to the introduction of any measure on the subject during the present session.

The bill was then read a first time.

The Prosecutions Expenses Bill passed through committee. The Charitable Trusts' Deeds Inrolment Bill and the Lunacy Act (Scotland) Amendment Bill passed through committee.

pany. 500,000l. was given last year for the goodwill of the business. After only carrying on business for one year, the company had failed. 157. had been paid on the 501. shares, and he was told that 207. more must be called up in order to There were 2300 sharemeet the liabilities of the concern. holders, many of whom were wholly unable to meet such a demand, and he felt convinced that the greatest suffering must be the result. Should they, then, increase the area of such ruin? Only that morning the Agra and Masterman's Bank had failed. Both these banks were of the highest respectability. But in an evil day they combined under the fatal ægis of limited liability, and in less than two years they failed. Would the House wish that, instead of there being 60,000 shares in this institution, there had been three millions? The noble Lord then read a letter from a gentleman in the city, in which the writer stated that the establishment of limited liability companies had led to great frauds in the concoction of schemes, and the issue and dealing in shares. Another city correspondent expressed a strong opinion, that the reduction in the value of shares would materially increase the mischief caused by limited liability companies, by diffusing their shares more widely, and amongst a humbler class of society. The noble Lord concluded by commenting upon the THE LAWS AFFECTING RAILWAYS, BROUGHT DOWN TO demoralising tendencies of speculations in shares and in the getting up of companies, and expressed a hope, that the House would not give any stimulus to the revival of a system which had, he trusted, received a blow that would for some time be fatal to it.

Lord Stanley of Alderley said that the argument of the noble Lord was really directed, not against the bill, but Now, his own illustrations shewed against limited liability. how unfounded those arguments were; for the failure of Overend, Gurney, & Co. was due to losses incurred by the old firm; and another bank which had failed was one in which the shareholders were liable without limit. It should be recollected that the creditors of these companies were safe against loss, which had not been the case in other failures. Nor could he conceive how the safety of creditors could be compromised by allowing companies to reduce the denomination of their shares. Companies could at present make their shares of the value of 101.; and he did not see why they should be prevented from dividing one 1007. share into ten He believed that the public at large of the smaller amount. had not suffered from limited liability companies. No doubt individuals had done so; but it was not the duty of Parliament to protect these persons against the consequences of their own imprudence.

After some observations from Lord Overstone, in explanation,

Earl Grey could not see any useful purpose which this bill

The speech of Lord Stanley of Alderwas likely to answer. ley appeared, indeed, to him to furnish a good reason why they should not pass it. For there was no reason for their interfering to give persons who had fixed their shares at one value the means of getting rid of them by reducing their amount. It was the duty of Parliament not to encourage speculation; and believing that that would be the effect of

JURIDICAL SOCIETY. - A meeting was held on Wednesday, the 13th inst., Mr. Droop in the chair. A letter was read from Lord Westbury, accepting the office of President, and intimating an intention, shortly, to take part in the meetings of the Society. Mr. C. H. Hopwood addressed the Society "upon the Bill brought in by the Attorney-General for the Abolition of Forfeiture in Felony and Treason." The Chairtook part in the discussion which followed. man, Mr. Massey, Mr. Stebbing, and Mr. V. Thompson,

THE PRESENT TIME.

In one thick vol. royal 8vo., price 11. 158. cloth boards,
IR W. HODGES'S PRACTICAL TREATISE
With an Appendix of Statutes,

RAILWAY INVESTMENTS.

Esq., of the Inner Temple and Midland Circuit, Barrister at Law.
Forms, &c. The Fourth Edition. By CHARLES MANLEY SMITH,
*The great and increasing interest in everything relating to Rail-
ways now manifested by the public, have created such a demand for
Edition of it prepared. This Edition comprises the important Statutes
this valuable work, that the Publisher has been induced to have a new
passed in the Session of 1864, as well as the Standing Orders for the
both of Law and Equity, since the last Edition was published, and such
Session of 1865, in addition to the numerous Decisions of the Courts,
of the Rules of the London Stock Exchange as are applicable to Rail-
ways, as amended up to 1864. The task of preparing and conducting
through the press this new Edition has been a really arduous one; but
Law of Master and Servant is well known, not only in Westminster
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SHIPPING LAW.

In 8vo., price 208. cloth, lettered,

HE SHIPPING LAW MANUAL: a. concise

this measure, he should move that it be committed that day Treatise on the Law governing the Interests of Shipowners, Mer

The bill was therefore thrown out.

Tuesday, June 12.

14 17

3

CONSOLIDATION OF THE STATUTES.

The Lord Chancellor laid on the table a bill for the further revision and consolidation of the statute law. When Lord Campbell was Lord Chancellor, an act was passed consolidating and revising statutes from 1770 to the present time. Under Lord Westbury another act of the same kind was passed, embracing the period from Magna Charta to the revolution of 1688. The bill which he was now introducing would cover the interval between the revolution and 1770. He moved that the bill should be read a first time.

chants, Masters, Seamen, and other Persons connected with British Ships. Together with the Acts of Parliament, Forms, and Precedents relating to the subject. Being especially intended for popular use in Seaport Towns. By W. T. GREENHÓW, of the Middle Temple, Esq., Bar

rister at Law.

"The Shipping Law Manual,' by Mr. W. T. Greenhow, brings into a popular shape, and to the latest date, the entire body of legal regulations affecting the shipping trade of the country alike in relation to owners, merchants, masters, and seamen, and is especially adapted for ordinary use by all persons connected with the business of seaport towns."Times, Jan. 31, 1863.

"The object of the author of this book is to popularise the Law of Merchant Shipping, and to compress within the compass of a single volume all that is necessary to be known by those directly interested in British navigation. It was no easy task to condense and arrange this mass of legislation, so as to make it intelligible to the general reader. one connected with shipping a valuable compendium of the law relating But Mr. Greenhow has achieved it, and placed within reach of every to that branch of industry."-Shipping and Mercantile Gazette. Stevens & Sons, Law Booksellers and Publishers, No. 26, Bell-yard, Lincoln's-inn.

Printed by HENRY HANSARD, at his Printing Office, in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County of Middlesex; and published by HENRY SWEET, of No. 3, CHANCERY LANE, and RICHARD STEVENS, of No. 26, BELL YARD, LINCOLN'S Lord Brougham called attention to the necessity of an INN, at the OFFICE, No. 39, BELL YARD, LINCOLN'S INN.-Saturday, amendment of the patent laws.

June 16, 1866,

The Jurist

JUNE 23, 1866.

THE JUDGMENTS LAW AMENDMENT ACTS following terms, viz. for one year at 5, for three years at 53, and for

RELATING to REAL PROPERTY (the 22 & 23 Vict. c. 35; 23 & 24 Vict. c. 38; 23 & 24 Vict. c. 115; and 27 & 28 Vict. c. 112). With Notes, References to Cases, and Index, forming an Appendix to the Practice of Registering, &c. By JAMES PASK, Chief Clerk to the Regstrar of the Court of Common Pleas, Westminster.

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ROSCOE'S DIGEST of the LAW of EVIDENCE With the Statutes, a List of Summary Convictions, and an Appen

ROSCOE'S DIGEST of the LAW of EVIDENCE The present editors have preserved this characteristic of Mr. Stone's vo