9 W.R.C R.-Butland, A. M. v. Butland, R. F. 10 H.D.-Grimshaw v. Grimshaw and Greenwood 11 P.-Peele (deceased); Peele and another v. Peele 12 P.-Smith (deceased); Baldwin and others v. Smi h 13 P.-Mattingley (deceased); Starke v. Clark and others 14 P. Osment (deceased); Jeffryes and another v. Bryden 85 P.Reavy McNaboe (deceased); Royle v. 16 P.-Masterton (deceased); Milne v. Fox 17 P.-Roughton (deceased); Bennett r. Roughton and another 18 W.D.-Murray, H. M. v. Murray, A. N. 19 W.D.-Spencer, M. v. Spencer. F. S. 20 H.D.-Hewins . Hewins, Castle, and Warren 21 H D.-Kilsby v. Kilsby and Garrod 22 W.J.S-Nalder, H. v. Nalder. F. H. 28 P.-Leather (deceased); Lewis Leather Hilary 1912. v. 24 W.R C.R.-Conway, W. A. v. Conway, A. 25 W.D.-Venables, A. v. Venables, J. 26 W.J.S.-Hope, H. A. ". Hope, J. A 27 W.D.-Rogerson, M. B. v. Rogerson, J. 28 W.D.-Slee, J. A. M. t. Slee, A. B 29 W.J.S.-mi h, R. V. v. Smith, V. O 30 W.D.-Warren, M. A C. Warren, O. F. Easter, 1912. 31 H.D-Pscinga v. Pacinga and Ashley 32 W.D-Eynon v. Eynon and Thomas 33 P.-Davis (deceased): Harvey a d another v. Davis and another. Trinity, 1912 34 W.D-Littlewood, M. E. v. Littlewood, T. 35 W.R.C.R.-Morison, M. X r. Mo: ison, R. W. 36 W.D.-Choper, M. E. v. Cooper, A. 37 W.D.-Fisher, F. A. v. Fisher. T, U. 38 H.D.-Marks, v. Marks and Stewart 39 W.D-Humphreys, G. v. Humphreys, A. A. 40 H.D.-Jones, v. Jones and Hill 41 H.N.-Bodman o. Bodman (otherwise Perry) 42 H.D.-Peers v. Peers and Radcl ffe 43 H.D.-Noad, G. H. ". Noad, E. M. 44 H.D. - Jefferies v. McHaffie. ADMIRALTY. Actions for Trial. Ship Ennisbrook Ship Escolbrook Ship Esrom Ship Factor Ship Frosso Ship George Jewson Ship Gilda Ship Golconda Ship II. A. Hanson Ship Heinrich Augustin Ship Helvetia Ship Hom cou t Ship Isle of Hastings Ship Kattie Darling Ship Liverpool Ship H.M.S. Lond n Ship London Belle Ship Marchioness of Bute Ship Margaret Jones Ship Marie Cortz Ship Marie Gartz Di Moskau Appeals to the Divisional Court. Ship Dunsley Ditto Ditto Ship Canning. Ship Cecilia. and Actions for trial, 110; Appeals to Divisional Court, 11; total, 121. MEMORANDUM.-No complete list of actions to be tried in this division can be given in advance, as the number and order in which they will be tried are necessarily dependent upon the presence in this country of seafaring witnesses whose movements are uncertain. The list will therefore be subject to alterations and additions. BRYDON, ALFRED, and GLASPER, THOMAS, Cockfield, builders. Stockton-on-Tees. Oct. 1. Ct. CHINERY, JOHN, Wimbledon, traveller. Ct. Kingston, Surrey. Sept. 30. CURRAN, ROBERT, Warrington, architect. Ct. Warrington. Sept. 30. DICKER, ROBERT HUSSEY, Tisbury, dairyman. Ct. Salisbury. Sept. 30. DODDRELL, EDWIN, Abertridwr, stoker. Ct. Pontypridd, Yatradyfodwg, and Porth. Oct. 1. DOE, JAMES, Grainthorpe, cottager. Ct. Great Grimsby. Oct. 1. HILL, JOSEPH VILLIERS, Gloucester, farmer. Ct. Gloucester. Sept. 30. MAPLEY, ANDREW FREDERICK, Newport Pagnell, baker. Ct. Northampton. MARCHANT, ERNEST JAMES, Limpley Stoke, licensed victualler. Ct. Bath. Oct. 1. MCQUIBAN, WILLIAM, Stoke Newington, bachelor of medicine. Ct. Edmonton. Oct. 2. MOON, (SIR) CECIL, Tonbridge, baronet. Ct. Tunbridge Wells. Sept. 30. Oct. 2. Ct. Birmingham. SHARPE, CHARLES FREDERICK (in the receiving order described as Charles 2; Grimsby. Oct. 1. Ct. Great STOCK, ERNEST SAMUEL, Bradfield, farmer. Ct. Colchester. Oct. 1. Ct. Manchester. WOLFENDALE, CHARLES OKELL, Manchester, plumber. Oct. 1. Ct. Peter borough. Sept. 30. COURT OF APPEAL AND HIGH COURT OF JUSTICE (CHAN. CERY DIVISION).-MICHAELMAS SITTINGS 1912. ROTA OF REGISTRARS IN ATTENDANCE FOR THE WEEK ENDING Monday. EMERGENCY ...... Leach APPEAL CT. II. ... Beal JOYCE, J. Ост. 19. Tuesday Wedne lay. Goldschmidt Borrer Greswell ...... Bloxan Farmer Boal Goldscam.dt Bloxam SWINFEN EADY,J Syage PARKER, J. EVE, J. ..... Greswell .......... Churen... Borrer Bodl............. Synge Leuch Un urch Farmer ......... Greswell Leach ......... Borrer Goldschmidt Leach Saturday. Church Bor. er Greswell Leuch Goldschmidt Fariner Church....... Bloxim Go dschmidt Borrer..... Synge Beal Greswell. ........ Synge WRIGHT, ELIZABETH HARRIETT, Old Fletton, baker, widow. GAZETTE, OCT. 8. To surrender at the High Court of Justice, in Bankruptcy. BEVAN, JAMES, New Bond-st, furrier. Oct. 3. FIELD, LYDIA GERTRUDE, late Cockspur-st, Pall Mall, masseuse, spinster. GOLDMAN, MORRIS, Fieldgate st. Whitechapel, tailor. Oct. 5. To surrender at their respective District Courts. ALLEN, JOHN, Darlaston, beerhouse keeper. Ct. Walsall. Oct. 4. ANNEAR, JOHN HENRY, Calstock, baker. Ct. Plymouth. Oct. 4. Oct. 3. BADGER, ALFRED BADGER, Windsor, butcher. Ct. Windsor BARKER, FRED, late Pendleton, grocer. Ct. Bolton. Oct. 3. BURROW, EDYTH LEONORA, Falmouth, lodging-house keeper, spinster. Ct. Truro. Oct. 5. CLARKE, CHARLES HENRY, late Longcliffe, saddler. Ct. Derby and Long Eaton. Oct. 3. DEANE, WILLIAM POOLE, Norton-in-the-Moors, architect. AYRTON, WILLIAM; RADCLIFFE, FREDERICK MORTON; and WRIGHT, CHARLES HADFIELD, Solicitors, 34, Clement's-la, E.C., and 10, Dale-st, Liverpool. Sept. 30. Debts by W. Ayrton and F. M. Radcliffe, who will carry on business at the Liverpool address. C. H. Wright will carry on business at 34, Clement's-la, E.C. GREENING, JOSEPH ROBERT, and SIGGS, HERBERT AUGUSTUS, solicitors, 49, Fenchurch-st, E.C. Aug. 31. Debts by H. A Siggs. HUDSON, LEE, and BIRD, ARTHUR LISTER, solicitors, Newcastle-upon-Tyne, under style of Stanton, Atkinson, and Hudson. Sept. 30. HUMPHREYS, GRIFFITH JONES LLOYD; NIMMO. DAVID; and PHILLIPS, DAVID MOSES, solicitors, 38, Cranbourn-st, W.C., and 20, Devonshire-chmbrs, Bishopsgate, E.C. Sept. 5. G. J. L. Humphreys and D. M. Phillips will carry on business at above addresses under styles of Humphreys, Phillips, and Co.; D. Nimmo at Old Serjeants'-inn-chmbrs, Chanceryla, E.C. LEES, ARTHUR JOHN, and MCDONNELL, JAMES MARK, solicitors, Palacechmbrs, Bridgest, Westminster, under style of Lees and Co. Sept. 30. A. J. Lees will continue to carry on business under old style at same address; J. M. McDonnell at Caxton House, Tothill-st, Westminster, S.W., in partnership with Maurice Barry O'Brien. GAZETTE, OCT. 8. POWELL, SYDNEY PRYCE, and JARVIS, SYDNEY HERBERT, solicitors. Newtown. Oct. 1. S. H. Jarvis, in partnership with James Gordon Jeudwine, will carry on the business under style of Powell, Jarvis, and Jeudwine. Bankrupts. RECEIVING ORDERS. GAZETTE, OCT. 4. To surrender at the High Court of Justice, in Bankruptcy. FRIEDLANDER, MARKS MAYER, late Bath-st, City-rd, glass merchant. Oct. 2. NEWMAN, JOHN HERBERT, Villiers-st, Strand. Oct. 2. To surrender at their respective District Courts ADAMSON, HENRY, Ashton-in-Makerfield, builder. Ct. Wigan. Oct. 1. GODLEY, MESSIAH PARIS, Tickhill, builder. Ct. Sheffield. Oct. 4. Ct. St. Albans. PORTER, AMBROSE, Blackpool, wholesale jeweller. Ct. Preston. Oct. 4. PURSER, JACK, Guildford, coach builder. Ct. Guildford and Godalming. Oct. 5. RAYNS, FRANCIS EDWIN, late Six Hills, licensed victualler. Ct. Leicester. Oct. 5. REES, JOHN THOMAS, Swansea, grocer's assistant. Ct. Swansea. Oct. 5. RILEY, THOMAS, Harrogate, hotel keeper. Ct. York. Oct. 3. Ct. ROBINSON, WILLIAM, Bilderton, corn chandler. Ct. Ipswich. Oct. 5. STAPLES, THOMAS COLLIER (trading as Collier and Hindle), Glossop, WOODFIELD, EDWARD, Kibworth Beauchamp, flower pot manufacturer. WRIGHT, SYDNEY, Staines, builder. Ct. Kingston, Surrey. Oct. 3. CHINERY, JOHN, Wimbledon, traveller. Ct. Kingston. Surrey, Sept. 30. COGGINS, HARRY, Caerphilly, tobacco dealer. Ct. Pontypridd, Ystradyfodwg, and Porth. Sept. 30. COWPER-COLES, COWPER BICKERTON, Broad-st-pl, company promoter. Ct. High Court. Sept. 30. DICKER, ROBERT HUSSEY, Tisbury, dairyman. Ct. Salisbury, Sept. 30. DOE, JAMES, Grainthorpe, cottager. Ct. Great Grimsby. Oct. 1 DODDRELL, EDWIN, Abertridwr, stoker. Ct. Pontypridd, Ystradyfodwg, and Porth. Oct. 1. DRINKWATER, WALTER, Elland, builders' merchant. Ct. Halifax. Sept. 30. FRIEDLANDER, MARKS MAYER, late Bath-st, City-rd, glass merchant. Ct. High Court. Oct. 2. ་ཕ་བ་ཡ༷་་་་ : GEORGE, OLIVER EDWARD, Portsdown-rd, Maida Vale. Ct. High Court. Oct. 1. GOODCHILD, EDWARD ARTHUR, East Sheen, music seller. Ct. Wandsworth. HILL, JOSEPH VILLIERS, Gloucester, farmer. Ct. Gloucester. Sept. 30. MAPLEY, ANDREW FREDERICK, Newport Pagnell, baker. Ct. Northampton. MARCHANT, ERNEST JAMES, Limpley Stoke, licensed victualler. Ct. Bath. Oct. 1. MAYILL, TERDAT (trading as Mayill and Co. and the Furnwell Company). Mansell-st, merchant. Ct. High Court. Oct 1. MOON, (SIR) CECIL, Tonbridge, baronet. Ct. Tunbridge Wells. Sept. 30. RICHARDSON, FREDERICK WILLIAM, late Burton-on-Trent, solicitor. Ct. Burton-on-Trent. Sept. 30. REAY, THOMAS, Gateshead, retired architect. Ct. Newcastle-upon-Tyne. RETTER, COURTNEY, Exeter, dairyman. Ct. Exeter. Oct. 2. Grimsby. Oct. 1. Ct. Great SNARE, THOMAS DANIEL JOSIAH (trading as Thomas Snare), Great Stanmore, draper. Ct. St. Albans. Sept 27. SUDUL, WILLIAM, Reading, hosier. Ct. Reading. Oct 2. WARLAND, JOHN ALFRED HENRY, late Lee-on-the-Solent. Ct. High Court. Oct. 2. WOLFENDALE, CHARLES OKELL, Manchester, plumber. Oct. 1. Ct. Manchester. WRIGHT, ELIZABETH HARRIETT, Old Fletton, baker, widow. Ct. Peterborough. Sept. 30. GAZETTE, OCT. 8. ADAMSON, HENRY, Ashton-in-Makerfield, builder. Ct. Wigan. Oct. 4. ALLEN, JOHN, Darlaston, beerhouse keeper. Ct. Walsall. Oct. 4. ANNEAR, JOHN HENRY, Calstock, baker. Ct. Plymouth. Oct. 4. BADGER, ALFRED BADGER, Windsor, butcher. Ct. Windsor. Oct. 3. BAILY, ROBERT, late Clophill. Ct. Bedford. Oct. 4. BARKER, FRED, late Pendleton, grocer. Ct. Bolton. Oct 3. BRENNER, MORRIS, late Lowestoft, cycle agent. Ct. Great Yarmouth. Oct. 3. BURROW, EDYTH LEONORA, Falmouth, lodging-house keeper, spinster. Ct. Truro. Oct. 5. CLARKE, CHARLES HENRY, late Longcliffe, saddler. Ct. Derby and Long Eaton. Oct. 3. DEANE, WILLIAM POOLE, Norton-in-the-Moors, architect. Ct. Hanley. Oct. 4. DENYER, ARTHUR JOHN, Deal, plumber. Ct. Canterbury. Oct. 5. FLETCHER, GEORGE, Kingston-upon-Hull, box maker. Ct. Kingston-uponHull. Oct. 3. GODLEY, MESSIAH PARIS, Tickhill, builder. Ct. Sheffield Oct. 4. GOLDMAN, MORRIS, Fieldgate-st, Whitechapel, tailor. Ct. High Court. Oct. 5. FOUNDED 1884. FLOWERDEW & CO. LAW AGENCY DEPT. NOTE AS TO CONVEYANCING SEARCHES. IT APPEARS NECESSARY TO SEARCH BANKRUPTCY IN THE HIGH COURT AS WELL AS IN THE COUNTY COURT (ALTHOUGH A VENDOR'S ADDRESS MAY BE WITHIN THE JURISDICTION OF A COUNTY COURT), AS BOTH PETITIONS AND RECEIVING ORDERS ARE FOUND RECORDED IN THE HIGH COURT AGAINST PERSONS HAVING MORE THAN ONE ADDRESS-THAT IS, ONE ADDRESS OUTSIDE THE LONDON BANKRUPTCY DISTRICT AND ONE WITHIN SUCH DISTRICT. The Cost of Complete Search is as follows: HIGH COURT AND COUNTY COURT BANK- PER NAME. CHARGE 3 6 SEARCH FEES 4 0 Total .. 7 6 No extra charge is made in cases in which searches in Bankruptcy are specially desired to extend further than 15 years, id est, to the last purchaser for value. TARIFFS AND HANDY MEMORANDA FOR SOLICITORS SENT POST FREE ON APPLICATION. OFFICES} 14, BELL YARD, TEMPLE BAR, W.C. Tel. Nos., CENTRAL 6150 and HOLBORN 900. City 11, POULTRY (Tel. No., CENTRAL 6151). Branches SALISBURY HO., LONDON WALL (Tel No., WALL 234). S HOLDEN, FRANK, Manchester, yarn agent. Ct. Manchester. Oct. 3. Oct. 5. REES, JOHN THOMAS, Swansea, grocer's assistant. Ct. Swansea RILEY, THOMAS, Harrogate, hotel keeper. Ct. York. Oct. 3. SHARPE, CHARLES FREDERICK (in the receiving order described as Charles Sharpe), Cambridge, furniture dealer. Ct. Cambridge. Oct. 3. SPOONER, EDITH JANE, late Bedford, spinster. Ct. Bedford. Oct. 3. STAPLES, THOMAS COLLIER (trading a.s Collier and Hindle), Glossop, mineral water manufacturer. Ct. Ashton-under-Lyne and Stalybridge. Oct. 5. STRIDE, CHARLES, late Chichester, auctioneer. Ct. Brighton. Oct. 3. SHORT, SAMUEL PERCY ROBERT, Reading, stationer. Ct. Reading. Oct. 5. SMITH, MARY ANN, Southall, widow. Ct. Windsor. Oct. 4. SPENDER, WILLIAM HENRY, late Leeds, boarding-house keeper. Ct. Wakefield. Oct. 2. WALL, RICHARD RALPH BALDWIN, Bradford, captain in the army. Ct. WICKS, JOSEPH BLACKBOURNE, Burnley, druggist. Ct. Burnley. Oct. 5, Amended notice substituted for that published in Gazette, Sept. 24. SHANOCK, ISAAC (otherwise known as I. Shannok, described in the receiv ing order and order of adjudication as Isaac Shanock), Southend-onSea, draper's tallyman. Ct. Chelmsford. Sept. 20. BIRTHS, MARRIAGES, AND DEATHS. MARRIAGES. BULKELEY-LOCK. On the 1st inst., at Coddington, Herefordshire, John DEATHS. ROYLE. On the 27th ult., at Bexhill-on-Sea, Charles Royle, Judge of the Court of Appeal, Cairo, Egypt, aged 74. WYNDHAM.-On the 26th ult., at Stourbridge, Worcestershire, Charles Wadham Wyndham, Solicitor. go Readers and gorrespondents. All communications must be authenticated by the name and address of the writer, not necessarily for publication, but as a guarantee of good faith. Anonymous communications are invariably rejected. All communications intended for the Editorial Department should, in order to prevent delay, be addressed to the "EDITOR OF THE LAW TIMES." Any contributions that may be sent on approval will be carefully considered by the Editor; but no responsibility whatever can be accepted in respect thereof, although, if unsuitable, every effort will be made to return them, provided that a stamped addressed wrapper is inclosed for that purpose. The copyright of all contributions (including reports paid for) shall belong to the proprietors of the LAW TIMES, together with the right of republication in any form they may think desirable. Apart from any express agreement that may be made, contributions are only received and considered on these conditions. Advertisements, orders for papers, &c., should be kept distinct, and addressed to the Publisher, Mr. HORACE Cox, "Law Times" Office, Windsor House, Bream's-buildings, E.C. WITH REPORTS. TO SUBSCRIBERS.-PREPAYMENT TERMS OF SUBSCRIPTION. For One Year For Half-Year .......... WITH REPORTS. ........ £2 1 1 WITHOUT REPORTS. £3 0 0 For One Year For Half-Year 1 10 0 For Half-Year Portfolios for preserving the current numbers of the LAW TIMES, price 5s. 6d. LAW TIMES REPORTS, price 3s. 6d. Parcels of Volumes for binding should be sent to the Publisher, Law TIMES Office, Windsor House, Bream's-buildings, E.C. 10 0 0 One page Half page 5 0 .............. 8 6 One column 6 TO ADVERTISERS.-SCALE OF CHARGES FR ADVERTISEMENTS. Four lines of 30 words or £ s. d. less than 30 words in body type Each additional line Advertisements ordered for a series of three insertions are charged 10 per cent. under scale, and for six or more insertions 20 per cent. under. Paragraph Advertisements 18. per line, minimum 5s. No series discount. Advertisers whose reference is under initials to this office, should remit ed. additional to defray postage in transmitting replies to their Advertisements. Advertisements must reach the office not later than five o'clock on Thursday afternoon, and must be accompanied by a remittance. Post-Office Orders payable to HORACE COX. Vol. 133.-No. 3629. cause or matter HIGH COURT OF JUSTICE. KING'S BENCH DIVISION. HEWETT (app.) v. HATTERSLEY (resp.) -Public health-Unsound fishPerson on whose premises article was found-Information-No condemnation by a justice-Necessity of condemnation-Condition prece dent-Public Health (London) Act 1891 (51 & 55 Vict. c. 76), s. 47, sub-s. 2. 228 HOUGHTON V. PILKINGTON.-Master and servant-Liability of master for act of servant-Scope of employment-Injury to person invited by servant to enter master's cart... 235 KING'S BENCH DIVISION, IN BANK. RUPTCY. 236 Re JONES; Ex parte GEORGE NEWNES LIMITED AND THE ASSOCIATED NEWSPAPERS LIMITED. Bankruptcy -Deed of assignment Assent of creditor revoked before execution COURT OF CRIMINAL APPEAL. REX v. HowSE.-Forgery-Falsely dated envelope containing betting slip Forged instrument - Evidence of similar transaction admissible Forgery Act 1861 (24 & 25 Vict. c. 98), s. 38...... REX v. ALEXANDER.-Abduction Taking girl against parent's will -Offences against the Person Act 1861 (24 & 25 Vict. c. 100), s. 55 LEADING ARTICLES, &c. OCCASIONAL NOTES......................................................... 572 PARLIAMENTARY PRACTICE AND IRISH NOTES INTERNATIONAL, CONSTITUTIONAL LAW.-Topics Parliamentary Summary. 573 574 COLONIAL LAW. OUR LITERARY COLUMN. bold's Criminal Pleading-Public Records GENERAL INTELLIGENCE.—“ 'Subtyll and Crafty Devices" South African Court System-Heirs-atLaw and Next of Kin-Appointments under the Joint Stock Winding-up Acts-Creditors under Estates in Chancery- Creditors under 22 & 23 Vict. c. 35 LAW SOCIETIES. United Law Society-Legal Musical SocietyProvincial Meeting 578 579 OBITUARY. - Mr. Harry Stanley Giffard- The Hon. Sir Charles Moss-Mr. James Griffith Deardon 512 PRACTICALLY no progress has been made this week with the lists of this division, and at present we are still without the single judge that the Government propose to appoint when the necessary sanction is obtained from the Houses of Parliament. By the time that the address is presented in accordance with the Judicature Act 1910, the list of arrears will have still further increased, for the circuits have considerably depleted the Common Law Bench, and the regrettable illness of Mr. Justice LUSH will, no doubt, deprive litigants of his services for some time to come. Legal Procedure Reforms. We publish this week a communication from Mr. ARTHUR POWELL, K.C., upon this subject, and with much that he has to say we entirely agree. It is difficult to see what useful purpose Order XXX.-the summons for directions-has served, and in the vast majority of cases it is absolutely unnecessary. Again, the whole law as to payment into court requires to be overhauled, for certain recent decisions have practically made such a form of defence a complete nullity, and a defendant willing to pay more than the court ultimately decides is a proper sum is mulcted in costs because he did not pay in with an admission of liability and so provide the plaintiff with the sinews of war to continue the action. Although undoubtedly our system of procedure on the whole is a good one, no one can deny that in many ways it might be considerably improved in detail. The seventy-two orders that comprise the Rules of the Supreme Court have been added to and revised cortinuously since 1883, and after nearly thirty years a Second Sheet. complete revision and review from all points of view by giate church (and, by sect. 49 of the Act of 1855, the colleges of some competent body is necessary. Land Registry Return. THE annual return of work issued by this department is always interesting, for it shows the reluctance of the public to avail themselves of the good things offered by the department unless they are absolutely driven into it by compulsion. The inability of the official mind to grasp the reason for this reluctance is shown by the almost plaintive "note" that precedes the dry statement of figures. There it is stated that since compulsion was imposed on the metropolis 151,951 separate properties have been entered on the register, and it continues: "These have for the most part been registered with possessory title only, although in most cases an absolute title could have been easily obtained had the requisite application been made." Methods of the Department. THAT this was due to no lack of effort on the part of the Land Registry is made quite clear by the " note," for it states : The main object of possessory registration is to facilitate the subsequent entry of absolute titles, and arrangements have been made by which every purchaser of land in London, when applying for registration with possessory title, or on purchase of land already registered with possessory title, can apply also for absolute title, without any additional fee, or cost of any description. Further, in many cases absolute titles are offered, entirely gratis, to persons who have asked for possessory titles only. And the naïve attitude of surprise adopted by the department is well illustrated by the concluding paragraph to the "note," which runs : Considering these facilities it is difficult to understand why so few applications for absolute title are made, and still more difficult to account for the fact that out of about 1838 offers of absolute and good leasehold titles made on possessory applications between the 1st Jan. 1909 and the 31st Dec. 1911 no less than 599 have been refused, either for no reason at all, or for reasons which are entirely inadequate. SALES OF LAND BY CHARITIES. THOSE members of the Profession who are concerned with the sale and purchase of land belonging to charities should be grateful to Mr. Justice Parker for his very lucid enunciation of the law in the recent case of Re Orphan Working School and Alexandra Orphanage's Contract (133 L. T. Jour. 57; (1912) 2 Ch. 167). Few questions are more perplexing to the conveyancer than that of whether the consent of the Charity Commissioners (or of the Board of Education as their successors) is or is not necessary in any particular case to a sale of land belonging to a charity. The point depends principally on the construction and effect of sect. 62 of the Charitable Trusts Act 1853 and sect. 29 of the Charitable Trusts Amendment Act 1855. The latter section enacts in effect that trustees of a charity may not make any sale or mortgage of the charity's property without the approval of the Board of Charity Commissioners, unless such trustees are acting by express authority of an Act of Parliament, or of a court or judge, or according to a scheme legally established. It was decided by the Court of Appeal in Re Mason's Orphanage v. London and North-Western Railway (74 L. T. Rep. 161; (1896) 1 Ch. 596), affirming the judgment of Mr. Justice Stirling, that a deed founding a charity and duly enrolled under 9 Geo. 2, c. 36, was not a "scheme legally established" within the meaning of that section. This being so, if the charity falls within the jurisIdiction of the Charitable Trusts Act 1853, the consent of the Charity Commissioners is required to a sale or mortgage by the trustees, unless the case falls within the exemption provided by sect. 62 of that Act. Under that section the following are exempt from the Act-namely: (1) The Universities of Oxford, Cambridge, London, and Durham, and any cathedral and colle Eton and Winchester); (2) any building registered as a place of meeting for religious worship with the Registrar-General of births, deaths, or marriages in England and Wales, and bonâ fide used as a place of meeting for religious worship; (3) the Commissioners of Queen Anne's Bounty, the British Museum, friendly or benefit societies, and savings banks, and any charity wholly maintained by voluntary contributions; and, where a charity is maintained partly by voluntary subscriptions and partly by income arising from any endowment, the provisions of the Act apply to the income from endowment only, to the exclusion of voluntary subscriptions; and no donation or bequest to a charity of which no special application is directed by the donor, and which may be legally applied as income in aid of the voluntary subscriptions, is subject to the provisions of the Act, and no part of any such donations or of any voluntary subscriptions which may be invested by the charity for the purpose of being applied to some specific object connected with the charity in pursuance of any rule or resolution of the charity, or of any donation or bequest in aid of any fund so set apart, is subject to the jurisdiction of the board, or the provisions of the Act. By sect. 66 "endowment" includes all real estate, and any charge thereon or interest therein, and all investments and personal estate for the time being belonging to the charity. The facts in Re Orphan Working School and Alexandra Orphanage's Contract are very special, and for the purposes of this article it is only necessary to refer shortly to part of them. The charity was formed some time prior to 1771, and was supported by the donations, legacies, and subscriptions of benevolent persons. In that year, through a committee, it collected subscriptions for the purchase of the site for a school, and for the building thereof; such site and building were paid for partly by the subscriptions given for that purpose and partly out of the ordinary subscriptions to the charity which could be used for the general purposes thereof. By the direction of the committee the land was conveyed to the trustees upon trust for the charity and to be disposed of from time to time "in such manner as should be ordered and directed for that purpose at any general court or meeting of the subscribers to the said charity for the time being." There was no evidence as to whether the donors of the subscriptions to the school fund had or had not authorised a conveyance upon those trusts. The charity having contracted to sell the site of the school, the question was raised whether the consent of the Charity Commissioners (or the Board of Education as their successors) was necessary. It was held by Mr. Justice Parker (1) that the charity was within the exemptions of sect. 63 of the Act of 1853 so far as it was maintained by voluntary subscriptions; (2) that, according to the principle of Attorney-General v. Mathieson (97 L. T. Rep. 450; (1907) 2 Ch. 383), the committee must, in the absence of evidence, be assumed to have had the authority of the subscribers to the building fund to declare trusts for the general purposes of the charity; and (3) that the land agreed to be sold was a donation to a mixed charity of which no special appropriation had been directed by the donor, and which might legally be applied by the charity as income in aid of the voluntary subscriptions, and therefore was exempted from the control of the Charity Commissioners and the Board of Education. 66 The case is principally useful to the conveyancer (1) as pointing out that "voluntary contribution" is a wide term, which includes contributions inter vivos and contributions by wills and subscriptions in the nature of annual or monthly or other periodic payments"; (2) as laying down that what you have first to consider in cases of this kind is "whether the donor or testator devotes the property by some direction which he has given to some special purpose; and, as incidental to that, you have to consider whether the charity can apply the property for its general purposes, including income purposes as well as capital purposes. When you have ascertained that this is the case, then that particular property is exempted"; (3) by confirming the view expressed by Lord Davey in Re Clergy Orphan Corporation (71 L. T. Rep. 450; (1894) 3 Ch. 145)-namely, that where once you have got a sum given to a charity which is not appropriated to a specific purpose and which can be applied for |