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anyone ask a carpenter to repair his carriage when he could get a coachmaker to do it? Why, then, should we employ laymen to try a long and difficult cause, when we have got an expert Judge at hand, trained and paid for the work, who would do it much better, and in half the time.” There is doubtless a great deal of good sense in this, but the view which the public take, and the view which practical lawyers take, is widely different. For example, the Saturday Review of last Saturday says that “jurymen are quite as much an essential part of the judicial establishment as the Judges themselves," and that “it is unnecessary to quote Blackstone in support of the proposition that the participation of the public in the administration of justice is of the utmost importance. Chief Justice Cockburn lately expressed the conclusion on which all authorities are agreed when he said that a jury assisted by a Judge is a far better tribunal for the elucidation of the truth than a Judge unassisted by a jury."

Mr. Brown, taking a shrewd lawyer's view of the Orton swindle, says that had it been left to Lord Chief Justice Bovill, or to the three Judges of the Queen's Bench to decide the matter, it would have been greatly shortened. To quote Mr. Brown's vigorous language, '“ In truth the case presented to every experienced lawyer such staring and unmistakeable marks of fraud and imposture from the very first, that if the civil case had been tried by the late Chief Justice Bovill instead of a jury, there is no doubt that that very acute and penetrating Judge, who had himself been counsel in the Smythe imposture, would have dismissed the case after the cross-examination of the ignorant impostor, who neither knew the native tongue of Roger Tichborne, nor the name of his mother, nor the situation of his estate, nor the books he read at school, nor the name of his favourite game, nor the face of his sweetheart. So it is pretty plain to those who watched the criminal trial, that if the Judges of the Queen's Bench had had to decide it, the evidence would have been greatly shortened by an intimation that a great deal of it did not weigh a feather, and no reply or summing up would have been called for."

We think that in advancing these arguments Mr. Brown has altogether forgotten that there are others besides lawyers to be satisfied, and that a finding which recommends itself to the logical intellect of a trained advocate may utterly fail in obtaining acceptation at the hands of the multitude. Some of the “fools and fanatics” referred to by the Lord Chief Justice are even now in the face of the verdict deliberating over some insane memorial to Government for the purpose of obtaining an inquiry into the conduct of the Judges at the late trial. How much wider would the clamour have been had no jury intervened between the Bench and the public!

It is to be regretted that there should be differences of opinion upon a subject which must be dealt with, but we are sanguine that a happy middle course may be taken. We do not consider that juries can be dispensed with or that less than seven jurymen should be allowed to give a verdict in any case whilst a larger number shouid be required to be unanimous in a criminal case. Mr.

one does not see why eight Englishmen should not be enough to convict a villain as well as eight Scotchmen.” Convicting villains, however, is not the only function of juries in criminal cases: innocent people are occasionally arraigned, and the question is how best to secure the safe administration of justice. This is a subject for the careful deliberation of Parliament on a measure introduced by the Government.

causes should not be established. We will go into their reasons more fully in a moment, but, before doing so, we will look at the views of the dissentient members of the Commission.

The lawyers upon the Commission are almost unanimous-Lord PENZANCE alone is unable to sign the report. I am not satisfied,” he says, " that tribunals might not be established consisting of commercial men, with adequate legal assistance, capable of settling commercial disputes in a satisfactory manner at greater speed and at much less cost than at present." His Lordship then refers to the “ well-known fact,” that in the large majority of commercial disputes the parties avoid the courts of law and resort to private arbitration, as strong to show the need of some such tribunals. We cannot agree with this. What the commercial community has to complain of is the delay attending the settlement of their disputes by the courts of law. It is, indeed, marvellous that they should have been so long suffering, and it is also surprising that lawyers themselves have not made some great effort to recommend the ordinary process to the public by obtaining an increased judicial staff, or rearrangement of the legal year, so as to make justice speedy, whilst the administration of the law was made profitable to its practitioners. Had tribunals of commerce, in which anybody could have conducted causes and had audience, been recommended and established, the legal profession would have suffered justly for their default in not taking steps to improve the machinery of which they indeed are a part. The great step, however, has been taken by Lord Selborne. As we have more than once pointed out, the Judicature Act has done all that is to be done to render justice speedy, and to give assessors and courts of arbitration so that technical matters and matters of account may be dealt with and decided by the light of more practical knowledge than can be obtained from the chance circumstance of a juror having special information—a circumstance which is far from common, although by no means infrequent.

Sir SYDNEY WATERLOW has taken the suitor's view of the question from the old standpoint. He complains that “those who support the present system of trying mercantile disputes seems to regard them all as hostile litigation. ... The present system too frequently works a denial of justice, or inflicts on the suitor a long-pending worrying law suit, the solicitors on either side pleading in their client's interest every technical point, and thus engendering a bitterness which destroys all future confidence, and puts an end to further mercantile dealings.” We hardly know what Sir Sydney expects to arrive at by Commercial Courts, but most certainly those cases which by their nature excite hostile feelings would continue to do so wherever disposed of. A rast number of actions are brought during the year in this country for breach of contract; the causes of the breach are to be found perhaps in the state of the markets, and where the construction of the contract would be bonâ fide questioned in one case, it would be raised malâ fide for the purpose of evading liability in fifty cases. Parties who are injured by the failure of other parties to perform their contracts are by no means disposed to regard the latter as friends, and when solicitors plead, as Sir SYDNEY ingenuously puts it, “in their client's interest,” every technical point, they undoubtedly do so acting under instructions. We are confident that no respectable firm would care to load a client with the costs of arguing technical questions, if it was not the desire of such client to take every advantage of his opponent which the law allows. Probably Sir SYDNEY WATERLOW has formed his opinion from some individual case coming within his knowledge, but if he had consulted a lawyer in large practice like Mr. HOLLANS he would have been told what we have said-it is only in the small minority of cases that commercial disputes do not arise out of a desire on the one side or the other to escape a liability or obtain an advantage. And we remember that one of the great objections to French tribunals, which was advanced in these columns was, that the merchant Judges are generally men with large connections and business relations, and that, consequently, their personal friendships and business interests are regarded as influencing their decisions, thus showing that commercial causes generally admit of sides being taken as in a hostile encounter.

With every respect for the judgment of Mr. AYRTOX we cannot help thinking that he has taken an entirely erroneous view of the general question. He says, “ It appears to me that when a dispute arises in the course of a commercial dealing the compulsory settlement of it by a tribunal may be regarded as only a continuance or a conclusion of the transaction, and that it is unreasonable to insist that the parties interested shall as a con on of having their dispute determined, be required at an enormous cost and inconvenience to themselves, to create a precedent for the benefit of society, and to add a rule of law to a commercial code.The passage which we have italicised shows how wrong a view may be taken of the ordinary litigation of our courts. Mr. AYRTON evidently thinks that every case which goes to trial raises some point which can be carried to a court sitting in banco, and that justice cannot be had in disputed questions of fact without payment of the penalty of settling a precedent. Of course it would be absurd in these columns to show at any length the utter absurdity of this idea. Very considerably more than two-thirds of the causes which come into court at nisi prius are settled by the verdict of

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THE THIRD .REPORT OF THE JUDICATURE

COMMISSION. This report is by no means the least interesting of the series, dealing as it does with the question which was more agitated a short time ago than it is now, whether tribunals of commerce should be established in this country. The preface to the report must satisfy everyone that the subject has received the most thorough investigation. Inquiries have been made of authorities abroad and at home, with a view to ascertain how commercial courts work in foreign countries, and what the feeling on the subject is among commercial men in this country. While the Commissioners were prosecuting these inquiries we took occasion to publish the views of a gentleman familiar with the tribunals in France, and he was in the main decidedly of opinion that their operation is by no means satisfactory, even to commercial men, whilst the constant conflict between courts in different localities in matters of law, earned the well-merited contempt of the legal profession. The Judicature Commissioners have considered the question in all its bearings, and they have found that in those countries where hitherto the commercial element has predominated in the court, there is now a desire to give controlling, or at least, guiding power to a legal member. In the Aest models which have been examined the president of the court has been a lawyer, and the lay members of the court have acted more as assessors than as Judges, although having the power of Judges equally with the president. The Commissioners evidently consider that this is so near an approach to the courts of this country as constituted when assessors assist the Judge, that they recommend that special courts for the trial of commercial

the jury, and are never heard of again. Many others are heard of is clearly to except from Bankruptcy jurisdiction all claims and in banco only on motions for new trials, or to enter the verdict, demands and questions which, if no bankruptcy had happened, which do not go beyond the first stage; and it is the small would have been tried elsewhere. This seems to point to the test minority which go to make the law by forming precedents which of bankruptcy jurisdiction as being this (creditors coming under are recorded in the law reports. Again Mr. AYRTON seems to us special provisions), “Would the question have been tried with the wholly wrong in considering that legal assistance is simply a debtor as plaintiff or defendant if the bankruptcy had not taken necessity of the courts as at present constituted—to protect place ?” This view of Lord Selborne's words is borne out by the suitors against each other, and against the abuse of power by the remainder of his judgment. Judge. If he imagines that before a tribunal of commerce suitors "That which is to be done in bankruptcy is the administration would not need protection against each other and against the in bankruptcy. The debtor and the creditors as the parties to caprices of the Judges, we think he is greatly in error; and in all pro- the administration in bankruptcy are subject to that jurisdiction. bability with the power of appeal which would exist, as many cases The trustees or assignees, as the persons entrusted with the would find their way into the ordinary courts of law as now go in administration, are subject to that jurisdiction. The assets which their usual course into banc and up to the higher courts of appeal. come into their hands, and the mode of administering them, are

It is a relief to turn from these conjectures to the prac- subject to that jurisdiction, and there may be, and I believe are, tical treatment of the subject by the Commissioners who assent to some special classes of transactions which, under special the report. They consider that all the advantages which could be clauses of the Acts of Parliament, may be specially dealt gained by the establishment of tribunals of commerce will be with as regards third parties. But the general proposition that obtained by giving mercantile assessors to the courts, and go as whenever the assignees or trustees in bankruptcy, or the trustees far as to recommend that in all cases heard with assessors in under such deeds as these, have a demand at law or in equity as which appeals are allowed power should be given to the judge of against a stranger to the bankruptcy, then that demand is to be the court of appeal to call in the assistance of like assessors. This prosecuted in a Court of Bankruptcy, appears to me to be a prois the solution of the whole difficulty. We do not believe that in position entirely without the warrant of anything in the Acts of cases in which private arbitration is had recourse to the result Parliament and wholly unsupported by any trace or vestige of can be so satisfactory as a decision of a properly constituted legal authority." tribunal. Speedy procedure and commercial assessors being Lord Selborne, it will be seen, takes as the subjects of bankgiven, such tribunal must hold its own against all competition. ruptcy control (a) the debtor, (6) the creditors, (c) the trustee, (d)

We have stated the pith of the report and the objections to its the assets which come into the trustee's hands. He certainly exrecommendations. It will be found in extenso in another column. cepts the second head of our classification of the bankrupt's effects

viz., a certain number of claims on persons connected in business

with the bankrupt--from the bankruptcy jurisdiction. And this BANKRUPTCY JURISDICTION.

exception, which must have been made advisedly, is perfectly The decisions in Ellis v. Silber (28 L. T. Rep. N. S. 156) consonant with reason; for while creditors could, if unrestrained, and in Ex parte Motion, Maule v. Davis ,(28 L. T. Rep. N. S. absorb the assets and so defeat an administration in bankruptcy, 906; on appeal, 22 W. R. 225) are calculated to determine it is very clear those on whom the trustee alone has claims can do somewhat the limits of the jurisdiction in bankruptcy under sects,

nothing of the sort. The same rule of administration prevails 66 and 72 of the last Act in questions between the trustee and with respect to estates in the hands of the Court of Chancery, third parties. To understard what Ellis v. Silber establishes, it against which the creditors prove, and against the debtors to which must be premised that with every bankruptcy there devolve upon actions have to be brought. the trustee (1) a certain number of assets in the hands of the So clearly does Ellis v. Silber displace the test laid down in bankrupt, (2) a certain number of claims on persons connected Anderson's case as the test of jurisdiction, that Lord Selborne before the bankruptcy with the bankrupt in business, (3) a certain expressly shifts the ground on which Ex parte Anderson rested, and number of liabilities to the same class of persons. In what forum places it on the submission of the holder of what were claimed as or forums a trustee is to pursue the claims numbered (2) is a point assets to the bankruptcy, viz., on the ground that that person of some importance, and the two cases cited above bear parti- “ had come in and made certain arrangements as to the pictures cularly upon it.

in dispute with creditors of the bankrupt, and therefore the matter The case of Elis v. Silber (ubi sup.) was this. À claim was was primâ facie brought by his own submission and his own acts made by the trustee of a bankrupt's estate upon a former partner under the administration in bankruptcy.Ellis v. Silber may of the bankrupt for compensation for improperly dissolving the therefore be considered (1) as setting aside the authority of partnership. This claim the trustee attempted to prosecute by a parte Anderson ; (2) a demurrer to the jurisdiction being always bill in Chancery, and a demurrer to the jurisdiction was filed, a entertained in a court of equity, where there is a concurrent course always adopted wherever the Bankruptcy Act gives juris- jurisdiction in bankruptcy, as establishing that the trustee of a diction to the Bankruptcy Court: (Stone v. Thomas, L. Rep. 5 bankrupt estate, must, unless in some cases specially provided by Ch. A pp. 219; 22 L. T. Rep. N. S. 359). On the criterion adopted the Act, pursue against debtors to the estate equitable and legal in Ex parte Anderson, re Anderson (L. Rep. 5 Ch. App. 481; 22 remedies. A similar claim was discussed in Éx parte Motion, L. T. Rep. N. S. 361), to determine whether the Bankruptcy Ma ule v. Davis. The object of the motion was to set aside a sale Court had jurisdiction or not, viz., “Is or is not the ques- made by an assignee of a former bankruptcy under a decree in tion in the present case one which it is necessary to decide Chancery, and then to carry out the decree by another sale, on the with a view to the distribution of the bankrupts' estate,” it allegation that the trustee of a second bankruptcy considered if is quite clear, the matter in dispute in Ellis v. Silber was within the property were fairly sold a considerable sum would come to the jurisdiction of the Bankruptcy Court. In Anderson's case the him and the creditors. The Chief Judge sitting in Banktrustee desired to recover some pictures which had got into the ruptcy granted the relief desired, but on appeal it was held that hands of a third party, and if that had to do with the distribution the Court of Bankruptcy had no power to entertain the cause, of the assets of a bankrupt pari ratione had the trustee's claim in clearly one of the same nature as Ellis v. Silber and Ex parte Ellis v. Silber. In Ex parte Motion the same criterion of jurisdic- Anderson, viz., a demand by the trustee against some third tion as in Ex parte Anderson (ubi sup.) was taken by the Chief persons, which, if successful, must swell the assets. Sect. 72," Judge who held that a claim which, if successful, would produce said Lord Selborne, the Lords Justices concurring, "gives the assets was a question which had to do with their distribution. Court” (of Bankruptcy) “ a very large authority to decide such Clearly on the tests adopted in Ex parte Anderson and E. questions as it may consider expedient and necessary to departe Motion the claim made in Ellis v. Silber was within cide for the proper purposes of the administration in bank. the jurisdiction of the Court of Bankruptcy. The decision ruptcy; but it does not, as we understand it, at all enable the of Lord Selborne that Ellis V. Silber was

a proper case Court of Bankruptcy to draw compulsorily within the sphere of for the courts of equity (which amounts to a denial of bankruptcy its jurisdiction property or the owners of property not vested in jurisdiction : Stone v. Thomas, sup.) is, therefore, of considerable the assignee, and not originally subject to the administration in importance, because it displaces at once the tests by which, since bankruptcy. That the above case includes in its principle the Anderson's case, bankruptcy jurisdiction has been measured. In simple one of a legal claim by the trustee on a person not a creditor his decision the Lord Chancellor drew a distinction between as well as a complicated equitable claim on the same description questions which arise because a bankruptcy has happened, e.g., of person, is very clear from the observations made during the the payment of dividends, &c., and questions which arise from argument. “If a bankrupt claimed to be the owner of an estate, other sources than that event. Such a distinction the following you contend,” asked Lord Justice James, " that the Court of extract from his judgment clearly defines : “There was no case Bankruptcy could not be the proper tribunal to try that question, cited and no clause quoted from any Act of Parliament to but an action of ejectment must be brought or a bill filed ?" Lord the effect that whenever the trustee of a deed or a trustee or Selborne on this remarked, “Certainly I should hold that." After assignee in bankruptcy has a demand against a third person these two decisions it will be yery difficult for the bankruptcy which, but for the bankruptcy, would be proper to be pro- courts to absorb into themselves much of the jurisdiction they secuted in a court of law or equity, the jurisdiction of the continually absorb by injunction. By a very strained construction court of law or of the court of equity is, as against that third of these cases bankruptcy courts may perhaps retain a concurrent person, transferred to the Court of Bankruptcy. I apprehend jurisdiction in matters of the nature therein adjudicated upon; that there is nothing whatever in the Acts relating to bank- but in such a case, it ought clearly to be remembered, when inruptcy which in an ordinary case, not governed by the special junctions are applied for, that one court cannot transfer a cause to clauses of the Act, has any such effect.” The result of these words itself from a court of concurrent jurisdiction.

a

AMERICAN CRITICISM ON THE ENGLISH BAR. A new serial publication has just issued from the Baltimore press entitled “The Bench and Bar Regiew," and its first article is entitled “The Bar in England and France.” Therein we find the following estimate of the present constitution of the English Bar, its capacity, and its work :

We feel a great difficulty in speaking of the actual practitioners at the Bar of England. Never at any period within a century and a half was the Profession at so low an intellectual ebb as latterly. It is not that there is any deficiency of the day labourers, the plodding formalists of the Profession. These exists in greater numbers, and are probably as competent and well read in the loro of the blue books and practice cases as any of their predecessors. But superior intellects and brilliants talents are, in our day, altogether wanting. There is no Erskine, no Murray, no Law, no Romilly, no Brougham, no Copley, no Denman, no Follet; we have not even, in our time, a Best, a Garrow, or a Scarlett.

It will scarcely be credited by a lay reader-but the fact is not the less deplorably true—that with the exception of half a dozen men, we can scarcely name a barrister who can now address a jury, in an important cause, with average ability.--Sir Alexander Cockburn was among the best specimens, and among these there is only one who can be called eloquent, and Sir Alexander Cockburn's is the eloquence more of the rhetorician than of the man of fervid and impassioned feeling:

The present Attorney-General understands the practice of the courts well, is an excellent case lawyer, and is generally well-read in his profession. He is a man of subtle and acute intellect, not wanting in courage or self. possession, and not deficient in fluency, but, albeit most respectable as a lawyer, as an advocate he cannot be compared with the great lawyers.

A man of much more intellectual ability, was Mr. Mathew Hill. In any considerable cause, notwithstanding certain defects of manner, Mr. Hill was a really able and effective advocate. Occasionally, his efforts in this respect have been very masterly and vigorous, indicating a well-stored mind, and a greater degree of reading, research, and comprehensiveness than usually fall to the lot of practising barristers in our day. It may be said that Mr. Hill's efforts smelt of the lamp, that they were marked by the limæ labor. Granted that it is so, what does this prove but that no high degree of excellence can be obtained without labour ? Men do not become painters, sculptors, or actors, without study, reflection, and perpetual labour. How can they hope, then, to to become advocates d'emblée, or at a bound.

Sir Fitzroy Kelly, from the elevation of Sir Thomas Wilde until the beginning of 1819, had the pick of the best legal business, and always per. formed his work with consummate acumen, subtlety, and address. The style of speaking of Sir Fitzroy Kelly was eminently legal. His sentences short, clear, and symmetrical ; he arranged his facts lucidly, he grasped his details with considerable artistic skilland effect. He was ever chaste, natural, and uninvolved; and without being an ad captandum speaker, or descending to colloquial phrases, could make himself thoroughly understood by a jury. He possessed great judgment and tact, an excellent pleader, a good mercantile lawyer, and generally well-read in the common law of the land, yet, though a clear and dexterous arguer of cases, was not a man of eloquence. To scholarship, Mr. Kelly made no pretensions whatever, though he possessed some knowledge of modern languages, and was tolerably read in English literature. Of a docile nature, and of flexible mind, he was, however, one of those men who can get up any subject on or for a particular occasion, so as to please and satisfy an attorney, if not to carry the court or lead captive the jury.

Sir Alexander Cockburn is certainly a more accomplished and elegant scholar, and much more a man of the world than any one of the gentlemen we have mentioned. Not a very profound lawyer, he is yet so well skilled in the principles of the science, and has so scholarly a knowledge of the civil law, that he can readily grasp any principle of jurisprudence. His intellect is so clear, his power of generalization so rapid and so sure, his felicity of expression so great, that he readily makes himself master of details. In dealing with the passions of men, Sir Alexander Cockburn possessed greater powers than any of his colleagues. To say, however, that he had been a great advocate, unless as great among smaller men, would be incorrect. When not very many years at the Bar he obtained considerable practice, and one of the largest practices before Committees of the House of Commons. In this branch of the law three times larger incomes have been made, than ever have been acquired in the regular pur. suit of the Profession. In 1844, 1845, and 1846, Mr. Charles Austin is said to have made on an average more than £40,000 a year. The Hon. John Talbot is known to have made more than £12,000 a year ; and juniors who have never attained £200 a year at Westminster Hall, have made their £3000 and £1000 a year, during those three years before committees. This is an exceptional state of things, it is true, owing altogether to the railway mania, but Mr. Austin, from 1832, had steadily risen into the first rank in this parliamentary practice, and therefore it is necessary to say something of such a man.

Unquestionably, Mr. Austin possessed great powers of exposition, and of lucid explanation—he has at command a copious flow of words and of ideas - he is ardent and cool at one and the same time-he possessed the reflective and the perceptive faculties in exceedingly well-balanced proportion, and he is a man, moreover, very well read in ancient and modern literature. But like most suddenly successful men-like men who from small begin. nings have grown immensely and speedily wealthy, he was inordinately conceited-indeed, preposterously conceited for a man so generally capable and well-informed.

Of genius or imagination Mr. Austin possessed not a particle, and though a clear, and occasionally an ardent and impassioned speaker, he could not be called eloquent. But the besetting and eminent vice of Mr. Austin was an insatiable love of money. While Sir Alexander Cockburn, by no means a rich man, renounced a most lucrative parliamentary practice to enter the House of Commons, Mr. Austin was known as an immensely rich man, who stuck by his parliamentary practice, and preferred to count his gains, rather than to do the state some service as a senator or a politician.

Of the barristers who are considerable juniors, as it is called-i.e., men who take the burden of cases upon their shoulders, we have not spoken. Many of the most successful of this dull tribe is composed of men who have been bred up as attorneys, attorneys' clerks (not articled clerks), or who have commenced life as errand-boys in an attorney's firm, or as sweepers of offices or chambers, or servers of summonses. Nineteen out of twenty of the men doing second or third-rate business at the Bar, and making from 2500 to £1500 a year, are persons who have either been attorneys a few years ago, or the sons, brothers, or cousins of attorneys-or who have married the sisters, daughters, or the female relatives of successful attorneys. A gentleman of scholarlike education, of liberal attainments,

of guileless and unsuspecting nature, just escaped from the university, has no chance with such men as these. There is no fair start for the man of this sort, who desires to know his profession as a science. The smart tradesman who knows it mechanically as a craft, beats him hollow. On a considerable circuit in England, there is a gentleman of twelve years' standing at the Bar, making his £1200 or £1500 a year, who, thirteen or fourteen years ago, travelled the very circuit, which he now follows as a barrister, as a clerk to a great attorney agency house of Lincoln's.inn. In this guise he became acquainted with every attorney and every attorney's clerk through the whole circuit. When called to the Bar such acquaintances and friends were used in a double sense. Then what a knowledge of practice and routine must any man have gained who learned his profession in this manner? It is curious that, while regularly admitted and sworn attorneys must be off the roll for a certain time, before they are allowed to enter as students for the Bar, that an attorney's writing or copying clerk (we speak not of an articled clerk) or the sweeper of an attorney's office or chamber, may enter at once as a student, and may be sworn a barrister three days after he leaves the service of the lowest practitioner in Lyon's, Clement's, or Thavies Inn. If such a system produced Saunderses, or Pattesons, or Maules, or Parkes, or Vaughan Williamses, we could see the benefit of it—if it produced Erskines, or Currans, we might applaud it, but it produces excellence in no one way. It merely enables attorney's clerks, ex-attorneys, attorney's sons and brothers-in-law, brothers, and and cousins, to start with a handful of briefs from the commencement of their career, and to daily acquire, by doing some business of a tenth-rate kind, a certain species of mental and professional dexterity of the very lowest character. The men of this calibre, and there are at least one hun. dred and sixty or seventy of them in Westminster Hall, making from £300 to £2000 a year, are essentially neither more nor less than tradesmenjourneyman lawyers, who set about their work in the spirit of mechanics or handicraftsmen. Either this system should be put an end to, or it should be adopted for all. Compel every candidate for the Bar to pass one year in an attorney's office, and the evil--or, more properly to describe it, the unfair advantage-which a few very illiterate, and not very high-principled, yet well-dressed persons possess, would pass away.

In looking over what we have written, we feel obliged to confess that eloquence and high gifts, generally rare amongst the advocates of England, has now nearly perished from amongst us. It is well stated in a work of considerable research, that one reason of the decay of everything resembling eloquence is the excessive degree of technicality, which pervades every portion of English law. Though we do not deny that the principles of special pleading are based in rigid logic, yet we must admit-with Mr. John George Phillimore-who has published an admirable summary of the Roman law-that the wiro-drawn distinctions of special pleading are the disgrace aud the opprobrium of our age. To meander through such mazes would puzzle the subtlest intellect, and tax to the utmost the powers of a really robust, masculine understanding, and sometimes tax such powers altogether in vain. The involved phraseology, the expletives, the synonymes, the pleonasms, the obscure and barbarous verbiage of the modern system of pleading, are really the disgrace of our time and system. These abuses are excrescences of comparatively modern growth on the ancient body of English law, for in the earlier time pleadings were delivered ore tenus at the Bar, and not written. The evil has been much increased by a body of very ingenious and subtle gentlemen acting under the Bar as special pleaders, and it must be averred that for the last half century or more, our courts of justice in England have been far too prone to lend a willing ear to refined and technical points of objection which subtle pleaders below the Bar delight to raise, and pettifoggers at the Bar have a peculiar glory in sustaining in court.

The overgrown mass—the immense, shapeless, and unwieldy body of the English law is an impediment not less formidable to oratory than the technicality of pleading. The volumes of the Statutes at Large now amount, if we remember rightly, to about fifty-three volumes quarto, of about 850 pages each volume. On the construction of these statutes there are annually published about thirty volumes of Reports, containing, also, at an average, from 700 to 800 pages of matter, at a cost of about £2 a volume, or £60 a year to any one who subscribes to a complete set of Reports, beginning with the House of Lords, and ending with the Crown Cases Reserved. How can any one or any ten men master all this enormous or unwieldy mass, or properly digest and common.place it on his mind ? Roger North, in his day, when the volumes of Reports were only sixty, spoke of them as innumerable. If he were to revisit the glimpses of the moon, what would he say, finding 600 volumes, containing, down to the end of 1849, 250,000 points of law, or more, as any man may see by a reference to Harrison's or Chitty's Index, or Jeremy's Digest? How can a man be eloquent, whose best days and hours are spent in learning to digest matter, and arrange in his mind, or to learn where to discover, ard how to apply this vast mass of legislative verbiage, and the decisions upon it ? Talents of a popular kind-the power of giving effect to large and compre. hensive views, wither under such a discipline as this. All the fire, energy, and enthusiasm of a young man-all the genius and general principles he has acquired at college, and in the bosom of his family, die within him, smothered and overlaid by the forms and technicalities of a system, narrow, crabbed, and barbarous.

Independently of this, the practical workaday, money getting, and business-like spirit of our time, is against the theory and practice of elo. quence. A man particularly gifted with grace of manner and affluence of expression, is despised by the prig and the formalist, who has thoroughly conned his Chitty and his Archbold, and is looked on with ineffable disdain by the successful railway speculator, or the man or woman who has (what is called within the precincts of the city of London) three stars in India Stock.

The multiplicity and detail of modern affairs, abounding in particulars and small items, also tends to stifle and suffocate everything like eloquence. Ours is an age of debtor and creditor-of profit and loss-of tare and tret -of free trade and barter-of buying and selling-of quick returns and small profits ; and men have neither the time nor the taste to make fine phrases as of old. If we have perfected the steam-engine, and created rail. roads, we have also enthroned a servile, a crouching, and mammon.getting spirit in high places-we have deified dullness and formality, and wor. shipped mechanism, and drudgery, and cotton spinning, and knife grinding. as though they were things lofty, ethereal, spiritual, and immortal. With such feelings pervading the aristocracy of trade-ay, and the aristocracy of land, and of acres-is it any wonder that the mass of barristers are timid formalists—is it any wonder that they will not speak with decision, and fearlessness, and energetic eloquence, like Erskine-that they shrink from giving their better and nobler thoughts poble expressions--that they are dull and decorous, and dead to the most generous and lottiest impnises? No doubt the times in which we live or vegetate are flat, level, and insipid.

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We are fallen on the cankers of a calm world and a long peace; yet we cannot but think that somewhat of the mediocrity of the Profession is owing to a man who was longer at the head of the Bar as Attorney and Solicitor-General than any man within a century. John Lord Campbell

, though a sound and well-read lawyer, was neither a gifted nor a highhearted man; neither a scholar nor an orator, nor a distinguished gentle. man; and his leaden influence has operated in many ways most disas. trously. When eloquence, or even a graceful and fluent elocation, is not prized, men will take no pains—will make no efforts to become successful speakers. Advocates will not labour earnestly to become eloquent when such barristers as the and the lead the Great Northern Circuit of England. We do not deny that there is great ingenuity and skill-a happy facility of dealing with entangled and complicated facts-that there are great judgment, quickness, tact, knowledge of practice and of cases now at the Bar of England ; but of eloquence there is none, and of scientific or historic learning very little. Ours is an age of no flagrant wrongs-of no deeds of violence or of rapine-of no great political trials-and the occasion has not, perhap3, arisen to call forth the eloquence of the "coming man.' In Ireland two eloquent advocates appeared at the State triels. One, a fine old gentleman of the name of Holmes, then in his 78th or 79th year, and a brother-in-law of Thomas Addis Emmett; the other Mr. Whiteside, the author of a book in three volumes on Italy.

It is possible that in the back rows of the Queen's Bench and Exchequer there are some undiscovered Erskines, Currans, and Broughams; but so long as the system prevails among attorneys of giving the leading causes to Queen's Counsel wearing silk gowns, or rather to those among them who have business in law and equity--the Erskines, the Currans, and Broughams are likely to remain undiscovered. Half a century ago, there were not above twenty silk gowns in the Profession, ten of whom were men of real ability, and the remainder of great professional learning; but now silk gowns are given to men neither of eloquence, of legal learning, nor of high scholarship. Among them there are not nine men capable of leading or

conducting a cause better--many of them not so well—as the many astute and sensible men without a silk gown.

One might fancy that in the criminal branch of the Profession we might find eloquent, ingenious, and able men at the Central Criminal Court. But there is scarcely one man above mediocrity, excepting a very few.

The Bar of England is now a very numerous body. In the beginning of the past year it consisted of over 7000 individuals, and there were called in the previous year 300 gentlemen. The Bar of England at this moment probably consists, to reckon new members, about 8000 members, but the returns cannot be accurately ascertained at present.

In Ireland the Profession of the Bar is relatively greater than in England, and the Queen's Counsel also more numerous. We have no means of know. ing the number of advocates in Scotland. No doubt there is much in suc. cess at the Bar to ennoble and gratify the mind, and to attract the eyes of those whose hopes outrun their judgment, but laymen and spectators per. ceive the spangles upon the robe of the advocate, profonndly unaware that all is not gold that glitters brightly. If the advocate has his triumphs he has also his troubles, and to the vast majority the troubles far exceed the triumphs. Crowds, says somebody whose name and book we forget, but who spoke truly-crowds admire the figures upon tapestry-the splendour of the colours, and the rich intertexture of its purple and gold; but who turns the array to contemplate the jagged ends of thread, rags of worsted and unsightly patchwork of the reversed side of the picture, and yet it is from this side the artificer sits and works—this is the picture as he sees it -the gay outside is for the spectator. Thus it is that we look upon lifeermine, lace, gold, jewels. Rank, station, ambition, glitter in our eyes, and we envy the good fortune of the possessors, and think they must be happy, seeing but the show side of their lives; yet not a life among them that has not, or has not had its rags and tags, and knotted ends, its wrong side, in that in which the artisan has been drudging all his days, until the splendour he has made becomes distasteful, and only serves to enrich the eyes of ignorant lookers-on.

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LEGISLATION AND JURIS- two periods shall be the longer ; and if the right tenant in tail of any land or rent shall have made PRUDENCE.

of any such person to make such entry or distress, an assurance thereof which shall not operate to or to bring any such action or suit, shall have bar an estate or estates to take effect after or in

been barred under this Act, no person afterwards defeasance of his estate tail, and any person shall REAL PROPERTY LIMITATION BILL.

claiming to be entitled to the same land or rent in by virtue of such assurance at the time of the 4 Bill intituled An Act for the further Limita- respect of any subsequent estate or interest execution thereof, or at any time afterwards, be tion of Actions and Suits relating to Real under any deed, will

, or settlement, executed or in possession or receipt of the profits of such Property :

taking effect after the time when a right to make land, or in the receipt of such rent, and the same WHEREAs it is expedient further to limit the an entry or distress, or to bring an action or suit, person or any other person whomsoover (other times within which actions or suits may be for the recovery of such land or rent, shall have than some person entitled to such possession or brought for the recovery of land or rent, and of first accrued to the owner of the particular estate receipt in respect of an estate which shall have charges thereon :

whose interest shall have so determined as afore taken effect after or in defeasance of the estate Be it enacted by the Queen's most excellent said, shall make any such entry or distress, or tail) shall continue or be in such possession or Majesty, by and with the advice and consent of bring any such action or suit, to recover such receipt for the period of twelve years next after the Lords spiritual and temporal, and Commons, land or rent.

the commencement of the time at which such in this present Parliament assembled, and by the 3. In cases of infancy, coverture, or lunacy at assurance, if it had then been executed by such authority of the same, as follows :

the time when the right of action accrues, then six tenant in tail, or the person who would have been 1. No lund or rent to be recovered but within years to be allowed from the termination of the entitled to his estate tail if such assurance had twelve years after the right of action accrued. disability or previous death.-If at the time at not been executed, would, without the consent of After the commencement of this Act no person which the right of any person to make an entry any other person, have operated to bar such shall make an entry or distress, or bring an action or distress, or to bring an action or suit, to re-estate or estates as aforesaid, then, at the expiraor suit, to recover any land or rent, but within cover any land or rent, shall have first accrund as tion of such period of twelve years, such assur. twelve years next after the time at which the aforesaid, such person shall have been under any ance shall be and be deemed to have been effec. right to make such entry or distress, or to bring of the disabilities hereinafter mentioned (that is tual as against any person claiming any estate, such action or suit, shall have first accrued to to say), infancy, coverture, idiocy, lunacy, or un interest, or right to take effect after or in defeasome person through whom he claims ; or if such soundness of mind, then such person, or the per. sance of such estate tail. right shall not have accrued to any person through son claiming through him, may, notwithstanding 7. Mortgagor to be barred at end of twelve whom he claims, then within twelve years next the period of twelve years, or six years (as the years from the time when the mortgages took pos. after the time at which the right to make such case may be), herein before limited shall have ex. session or from the last written acknowledgment. entry or distress, or to bring such action or suit, pired, make an entry of distress, or bring an When a mortgagee shall have obtained the posshall have first acorued to the person making or action or suit, to recover such land or rent, at any session or receipt of the profits of any land or the bringing the same.

time within six years next after the time at which receipt of any rent comprised in his mortgage, the 2. Provision for case of future estatesTime the person to whom snch right shall first have mortgagor, or any person claiming through him, limited to six years when person entitled to--The accrued shall have ceased to be under any such shall not bring a suit to redeem the mortgage bat particular estate of possession, 8c.-A right to disability, or shall have died (whichever of those within twelve years next after the time at which make an entry or distress, or to bring an action, two events shall have first happened).

the mortgagee obtained such possession or receipt, to recover any land or rent, shall be deemed to 4. No time to be allowed for absence beyond seas. unless in the meantime an acknowledgment in have first accrued, in respect of an estate or -The time within which any such entry may be writing of the title of the mortgagor, or of his interest in reversion or remainder, or other future made, or any such action or suit may be brought right to redemption, shall have been given to the estate or interest, at the time at which the same as aforesaid, shall not in any case after the mortgagor or some person claiming his estate, or shall have become an estate or interest in posses commencement of this Act be extended or enlarged to the agent of such mortgagor or person, signed sion, by the determination of any estate or estates by reason of the absence beyond seas during all by the mortgagee or the person claiming through in respect of which such land shall have been re. or any part of that time of the person having the him ; and in such case no such suit shall be ceived, notwithstanding the person claiming such right to make such entry, or to bring such action brought but within twelve years next after the land or rent, or some person through whom he or suit, or of any person through whom he claims. time at which such acknowledgment, or the last claims, shall at any time previously to the crea- 5. Thirty years utmost allowance for dissabili. of such acknowledgments, if more than one, was tion of the estate or estates which shall have ties.-No entry, distress, or action shall be made given ; and when there shall be more than one determined, have been in the possession or receipt or brought by any person who at the time at mortgagor, or more than one person claiming of the profits of such land, or in receipt of such which his right to make any entry or distress, or through the mortgagor or mortgagors, such rent. But if the person last entitled to any par. to bring an action to recover any land or rent, acknowledgment, if given to any of such mortticular estate on which any future estate or shall have first accrued, shall be under any of the gagors or persons, or his or their agents, shall be interest was expectant shall not have been disabilities hereinbefore inentioned, or by any per. as effectual as if the same had been given to all in the possession or receipt of the profits son claiming through him, but within thirty years such mortgagors or persons; but where there of such land, or in receipt of such rent, at next after the time at which such right shall have shall be more than one mortgagee, or more than the time when his interest determined, no such first accrued, although the person under disability one person claiming the estate or interest of the entry or distress shall be made, and no such action at such time may have remained under one or mortgagee or mortgagees, such acknowledgment, or suit shall be brought, by any person becoming more of such disabilities during the whole of signed by one or more of such mortgagees or perentitled in possession to a future estate or interest, such thirty years, or although the term of six sons, shall be effectual only as against the party but within twelve years next after the time when years from the time at which he shall have ceased or parties signing as aforesaid, and the person or the right to make an entry or distress, or to bring to be under any such disability, or have died, persons claiming any part of the mortgage money an action or suit, for the recovery of such land or shall not have expired.

or land or rent by, from, or under him or them, rent, shall have first accrued to the person whose 6. In case of possession under an assurance by and any person or persons entitled to any estate interest shall have so determined, or within six a tenant in tail, which shall not bar the re- or estates, interest or interests, to take effect years next after the time when the estate of the mainders, they shall be barred at the end of twelve after or in defeasance of his or their estate or person becoming entitled in poss ion shall have years after that period, at which the assurance, if estates, interest or interests, and shall not operate become vested in possession, whichever of those then executed, would have barred them. When I to give to the mortgagor or mortgagors a right to

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redeem the mortgage as against the person or 2. To what lands the Act applies.- This Act

declaring the trust, or an instrument persons entitled to any other undivided or divided shall only apply to land of freehold tenare in

signed by the person whose concurrence part of the money or land or rent; and where England, including such leasehold estates as are

would otherwise be necessary, authorises such of the mortgagees or persons aforesaid as hereinafter in that behalf mentioned in such

the application : shall have given such acknowledgment shall be freehold land.

(d) That no applicant having a power of sale entitled to a divided part of the land or rent com. 3. Commencement of Act.This Act shall come

only, without any estate of inheritance in prised in the mortgage, or some estate or interest into operation on the first day of January one

the land, shall be entitled to be registered therein, and not to any ascertained part of the thousand eight hundred and seventy-six, and the

without the consent in writing of all permortgage money, the mortgagor or mortgagors time at which the Act comes into operation is

sons, down to and including the person shall be entitled to redeem the same divided part hereinafter referred to as the commencement of

entitled to the first vested estate of inof the land or rent on payment, with interest, of this Act: Provided always that any orders or

heritance, whose estates would be dis. the part of the mortgage money which shall bear rules may be made under this Act at any time

placed by an exercise of the power, the same proportion to the whole of the mortgage after the passing thereof.

unless the settlement authorises the apmoney as the value of such divided part of the 4. Construction of Terms of Act. In the con.

plication: land or rent shall bear to the value of the whole struction of this Act, unless there is something (e) That a mortgagee shall not be entitled to be of the land or rent comprised in the mortgage. inconsistent in the context, the following terms

registered as proprietor without the con8. Money charged upon land and legacies to be shall have the respective meanings hereinafter

sent in writing of the mortgagor unless the deemed satisfied at the end of ten years if no assigned to them; that is to say,

mortgage be executed after the commence. interest paid nor acknowledgment given in writing " Person” shall include Her Majesty, her heirs

ment of this Act, and does not contain a. in the meantime. -No action or suit or other and suocessors, and the Duke of Cornwall

provision that there shall not be such proceeding shall be brought to recover any sum of for the time being, and a body politic or

registration. money secured by any mortgage, judgment, or corporate :

6. Registration may be with title absolute 0 lien, or otherwise charged upon or payable out of

“ Prescribed shall mean prescribed by any limited, or as proprietor only.--Any such applicaany land or rent, at law or in equity, or any general orders or rules made in pursuance tion, may be made, at tho option of the applicant. legacy, but within twelve years next after & of this Act :

either for registration as proprietor with an present right to receive the same shall have “Land” shall include incorporeal heredita- absolute title, that is to say, a title good, without accrued to some person capable of giving a dis- ments, and an undivided share, or undivided any other exception or reservation than those charge for or release of the same, unless in the shares of land, as "land" is herein defined: expressly mentioned on the register, or in this meantime some part of the principal money, or “Tenancies” shall include leases and agree. Act, or as proprietor with a limited title, that is some interest thereon, shall have been paid, or ments for leases :

to say, as good from a date to be mentioned on some acknowledgment of the right thereto shall “ Leasehold estates” shall mean estates held the register, which date shall in such case be have been given in writing signed by the person under any lease or underlease granted taken as the commencement of the registered title by whom the same shall be payable, or his agent, before there was a registered proprietor of for the purposes of this Act, or for registration to the person entitled thereto, or his agent; and the land demised, or granted by a regis. as proprietor only, that is to say, without a title, in such case no such action or suit or proceeding tered proprietor of such land:

either absolute or limited, in which case the date shall be brought but within twelve years after “Adverse estate, interest, or title” shall in this at which the land shall be registered pursuant to. such payment or acknowledgment, or the last of Act mean such an estate, interest, or title, such application shall be taken as the commencesuch payments or acknowledgments. if more than whether legal or equitable, and whether in ment of the registered title for the purposes of one, was given.

possession, remainder, or reversion, as a this Act. If on any application for registration 9. Act to be read with 3 & 4 W. 4 c. 27, of which court of competent jurisdiction would not with an absolute or limited title the registrar shall certain parts are repealed, and other parts to be compel, authorise, or declare to be conveyed be satisfied with the title, so as to register the read in reference to alteration by this Act-7_W. 4 or held in trust for or on behalf of the applicant pursuant to his application, he shall &1 Vict. c. 28 to be read with this Act.-From registered proprietor:

register him accordingly; but if he shall not be and after the commencement of this Act all the “Cautioner" shall signify any person lodging 80 satisfied, he shall register him as proprietor provisions of the Act passed in the session of the a caveat under the provisions of this Act : only. If, however, the registrar, on an applicathird and fourth years of the reign of his late “ Oath” and “affidavit" shall include solemn tion for registration with an absolute title, shal) Majesty King William the Fourth, chapter affirmation and statutory declaration : be satisfied with the title as a limited title, or if twenty-seven, except those contained in the “ Deed” or “instrument” shall include a pri. the registrar, on an application for registration several sections thereof next hereinafter men. vate Act of Parliament.

with a limited title, shall be satisfied with the tioned, shall remain in fall force, and shall be Part I.-- Registration of Fee Simple Estates. title as from a more recent date than that apconstrued together with this Act, and shall take 5. Where to apply for Registration.-From and plied for, he shall, upon the request of the effect as if the provisions hereinbefore contained after the commencement of this Act any of the applicant, register him as proprietor from the were substituted in such Act for the provisions following persons (that is to say),

date with which the registrar shall be satisfied, contained in the sections thereof numbered two, (1) Any person who has contracted to buy an instead of registering him as proprietor only. five, sixteen, seventeen, twenty-three, twenty-eight, estate in fee simple in land, whether But nothing in this section contained shall entitle: and forty respectively (which several sections,

subject or not to any prior estate for life any person to be registered as proprietor onlys. from and after the commencement of this Act,

or for years, or to any incumbrance : unless entitled, as hereinafter appearing, to be so shall be repealed), and as if the term of six years (2) Any person enttiled for his own banefit at registered. had been mentioned, instead of the term of ten

law or in equity to an estate tail, or to a 7. Particulars and statements to be furnished years, in the section of the said Act numbered

base fee, or to an estate in fee simple in by all applicants, and to be settled by the registrar eighteen, and the period of twelve years had been

land, whether subject or not to any prior subject to appeal to the court.-Every applicant mentioned in the said section eighteen instead of

estate for life or for years, or to any in. for registration shall furnish to the registrar, and the period of twenty years; and the provisions

cumbrance :

the registrar shall examine and settle, for the of the Act passed in the session of the seventh (3) Any person capable, either alone, or with, purposes of registration :-. year of the reign of His late Majesty King

upon, or by the consent, request, or direc- First. A correct description of the land to be William the Fourth, and the first year of the

tion of another person, of disposing by registered, accompanied (except in the case reign of Her present Majesty, chapter twenty,

way of absolute sale of an estate in fee of incorporeal hereditaments) by a inap or eight, shall remain in full force, and be construed

simple in land, whether subject or not to plan thereof, and which description may be together with this Act, as if the period of twelve

any prior estate for life or for years, or to made by reference to such map or plan. years had been therein mentioned instead of the

any incumbrance :

Secondly. A statement of the persons, or period of twenty years.

(4) Any person being registered proprietor of classes or descriptions of persons, who are 10. Time for recovering charges and arrears of

any land in respect whereof any land or may become entitled to such land, and interest not to be enlarged by express trusts for

shall have been allotted under any enclo. of the estates, powers, and interests which raising same.-After the commencement of this

sure, or for which other land shall have exist, or which may arise or becoine vested Act no action, suit or other proceeding shall be

been allotted or given in exchange upon in such persons respectively. brought to recover any sum of money or legacy

any enclosure, or by an order of the Thirdly. A statemont of the mortgages, charges, charged upon or payable out of any land or rent,

Enclosure Commissioners for England and incumbrances affecting such lands, or at law or in equity, and secured by an express

and Wales :

any part thereof. trust of a term of years or other estate, or to (5) Any person authorised by the court to make Copies of such description and statements, when recover any arrears of rent,or of interest in respect

such application, or whose name the court settled by the registrar, shall be delivered back to of any sum of money or legacy so charged or payable

shall have directed to be entered on the the applicant; any objection to the same, or to and so secured, or any damages in respect of such

register as registered proprietor :

any part thereof, shall be made and proceeded arrears, except within the time which would be (6) In the case of sales taking place three years with within such time and in such manner as the limited by law for the recovery thereof, if there

after the commencement of this Act, the registrar shall direct, and the registrar shall dewere not any such trust.

person hereinafter in that behalf men. cide on every such objection, subject to an appeal. 11. Short title.—This Act may be cited as the

tioned :

by the applicant, if the same be disallowed, to the Real Property Limitation Act 1873.”

may apply to the registrar to be registered as court. 12. Commencoment of Act.- This Act shall com. proprietor of the land wbich he has contracted to 8. Registrar may require same to be verified on mence and come into operation on the first day of buy, or to which he is entitled, or of which he is oath.-İf required by the registrar, the descripJanuary, one thousand eight hundred and seventy. capable of disposing, or which has been allotted, tion of the land furnished by the applicant, and nine.

or given in exchange, as aforesaid : Provided, any other particulars which the registrar may

(a) That, in the case of a purchaser under a deem necessary, shall be verified by oath of the LAND TITLES AND TRANSFER BILL.

contract, not executed by conveyance, applicant or of persons having sufficient means of A Bill intituled an Act to simplify Titles and

the vendor's consent in writing to the information. facilitate the Transfer of Land :

application be produced to the registrar : 9. What the registrar is to be satisfied of on WHEREAS it is expedient to make further pro.

(b) That no person having an estate in tail, or a application for registration as proprietor only.vision for the simplification of the title to land,

base fee, and who cannot dispose of an Before an applicant for registration as proprietor and for facilitating the transfer of land in Eng.

estate in fee simple without the consent only shall be so registered the registrar shall land:

of a protector of the settlement, shall be satisfy himself, by such evidence as he may think. Bo it enacted by the Queen's most excellent

entitled to be registered without the con. requisite, that the applicant is prima facie enti. Majesty, by and with the advice and consent of

sent in writing of such protector :

tled to the land for the estate and interest claimed the Lords Spiritual and Temporal, and Commons,

(c) That in cases where the applicant is a by him, and that the applicant, or some person in this present Parliament assembled, and by the

trustee without a power of sale, or cannot entitled to a prior estato under the same common authority of the same, as follows:

dispose of the land without the consent, / title is by himself, or by some person for whom he

request, or direction of some other per. is a trustee, or that some incumbrancer upon the Preliminary.

son, the person for whom he is a trustee, estate and interest so claimed, or upon such prior 1. Short title of Act.—This Act may be cited for

or whose consent, request, or direction is estate, is in possession or receipt of the profits of all purposes as i The Land Titles and Transfer

required, concurs in or consents in writing such land: Provided that, in cases of compulsory Act 1874."

to the application, or the instrument' registration under the provision in that behalf

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