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SOLICITOR

ance

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SOLICITORS' JOURNAL

INCORPORATED LAW SOCIETY. Brooke, Horace George, 2, Euston-square; Great Berk. The following is the scale of commission, toge

hampstead; and 14, Feathe stone-buildiugs-B. F.

Dalrymple, 46, Parliament-street. Tar letter of our correspondent, “A Solicitor of ther with a specimen table, promised to our

Brown, M urice, Peterborough; and 10, Serle-street, readers in our last issue :

Lincoln's-inn fields-F. Brown, Peterborough, Ten Years' Standing,” published in our last issue,

Browne, Edward Utten, Norwich; and 14, Albiontogether with a letter from “ A. B.,” published in

As to FREEHOLDS AND COPYHOLDS.

street, Hyde-park-E. Field, Norwich; J. P. Hill, 6,

Loans. our present issue, deserve consideration. Our

Jobn-strtet, Bedford-row.

Budd, Samuel, Exeter-W. J. Battisbill, Exeter correspondent first referred to is disposed to con

MORTGAGOR'S MORTGAGES's Balleid, John Howard, Glastonbury; and 36, Glouces. sole himself for the shortsightedness of solicitors

SOLICITOR ter-street, Queen-square-J. G. L. Bulleid, Glaston

bury. as regards their own interests, by the fact that he

Bulltord, Charles Edward, 29, Tavistock place, Tari. discovers that we are conscious of the necessity of For every £100 up to A sum equal to Iths 2 per cent. stock-square ; and Malmesbury - W. S. Jones,

£200.
of the Mortgagee's

Malmesbury of combination to protect such interests. We would

Solicitor's allow

Burnley, William, Bradford-H. B. Harle, Bradford. remind him, however, that the only good which And in addition

Cheale, Sidney Alexander, Uckfield-F. W. Stone, Tuncan come of the consciousness in question is of a

After the fir-t £2000. Ditto ditto £l per cent. bridge Wells; W. Sprott, Mayfield, Sussex.

for every 100 up most indirect kind, in the sense that all we can

Churton, Johu Weaver, Chester; and 43, Chanceey. to e15,000

lane-W.H. Churton, Chester. And in addition hope for is to arouse the Profession to the neces

After the first Ditto

ditto

1 per cent. Clark, Jonathan, the younger, 85, Guildford-street, sity for some great effort to improve their position. £15,000

Russell-square-J. A. Redhead, 13, SouthamptonLoans under the The Council is not At the rate street But at present there is no evidence or sign of such Drainage Acts-on prepared to su gest of the al- Collins, Charles, Firs, Rainbill, near Liverpool-T. effort. The tendency of legislation has been to

County & Borough a scal, for the remu. lowance of

Martin, Liverpool; H. W. Collins, Liverpool. Rates-Dock Durs neration of the Mort. the Mort

Court, James Phillips, Maghull, Lancaster: Walling. reduce solicitors' remuneration and to render the --and for other pur- gagor's Solicitor on gagor’s So

licitor, poses under Statu- this class of securi.

ton, Surrey; and 115, Cbancery lane -F. North, means of recovering costs more difficult, whilst tory powers, and ties

Liverpool; W. W. Wypne, 115, Chancery-lane the monopoly of the Bar increases rather than

Securities of a like

Cruttenden, William, Battle-). Martin, Battle; E. Dalure.

Martin, Battle. diminishes; seven years' standing being consi

Cumming, Alexander, 98, Warwick-street; and Ipswich dered a qualification for almost every legal appoint

-W. S. Yarrington, Ipswich.
Sales and Purchases.

Cunliffe, Walter. Warrington; and 33, Lincoln'g-inn. ment. On the other hand, all solicitors, whatever

fiolds-J. F. Marsh, Warrington; J. R. Buckton, their standing, seem to be disqualified for almost

VENDOR's PURCHASER'S Warrington.

SOLICITOB. SOLICITOR. Carling, Percy Bunce, 9, Darham.terrace, Westbournelegal offices of distinction and dignity, not to say

park-C. B. Lever, 49, Bedford-row. those to which are attached the higher remunera

Davis, Charles Henry, 21, Great George-street, WestFor every £100 up to A gum equal to Iths £3 per cent. tion. Further, accountants and law and other

minster-J. M Clabon, 21, Great George-street. £1000

of the Purchaser's
8 licitor's allow.

Deck, Henry Ragland, B. A., Hampsthwaite Vicarage, agents are, we are told, conducting a large por

Ripley, York-D. and A. H. Russell, Lendal. tion of County Court practice, and business in conAnd in addition

De Soyres, Philip, Exeter; and 15, Lincolns'-ind-fields

And the first e 1000, Ditto ditto £2 per cent. --R. T. Campion, Exeter. nection with the proving of wills and in bank. for every £100 up

Dew, Griffith Davies, 10, King's-bench-walk-R. M. ruptcy. The privilege of paying Government the and in sodition

hipman, Manchester; J. W. Randal, 10, King's. annual certificate duty the solicitor yet enjoys.

After the first €5000, Ditto ditto el per cent.

bench-walk. for every £100 up

Dickson, George Herbert, Preston; and 43, BedfordThe Incorporated Law Society holds occasional to 50,000

row-J. B. Dickson, Preston, meetings, and the record of the business transAnd in addition

Dodd. Charles Walters, 6, Furnival's-inn-J. D. Finney, After the first Ditto ditto

1 per cent.

6, Furnival's-inn. acted thereat is printed and circulated amongst the £50,000, for every

Dow, Edward Augustus. 30, Bedford-row-D. T. Miller,

£100 members months afterwards. Consequently its

Sherborne-lane; W. H. Stephens, 30, Bedford-row.

Du Moulin, Cbas Nicholas. La amington; and 36, Linproceedings are considered by a not inconsider.

The Commission on Sale of Leaseholds for terms not ex. coln's-inn-fields--A. S. Field, Leamington. able portion of the Profession to be valueless. ceeding originally 100 years, shall be 4th less than the scale Durnfort, Francis Mount. 4, Soutb-square, Gray's-inn; Other law societies in London and the provinces on Sale of Freeholds and Copyholds.

and 26, Lincoln's-ion-fields-C. R. V. Long bourne, Fractional parts of £100 to be reckoned as £100.

26, Lincoln's-inn-fields. are more or less helpless, being without charters

[SPECIMEN TABLE.]

Edwards, John James, 84, Newgate-street-O. C. T. of incorporation. As to some of these, amalgama

Eagleton, 84, Newgate-street.

Edwards, Stanley, Lynn; and 2, Cursitor-street-F, R. tion is talked about, but practically nothing is

LOANS.

SALES.

Partridge, Lynn. done. The existence of serious grievances is

Elliott, Albert Augustine, 174, Whiteball-place-J.

Hopgood, 172, Whiteball-place. admitted, men of energy and foresight meet, as

Mortgagor's Mortgagee's Vendor's Purchaser's
Solicitor. Solicitor. Solicitor. Solicitor.

Ferguson, Daniel Lawrence, Alford, Lincoln-F. J. they have lately met at Birmingham, but, what

Rhodes Alford. with the unconscious state of the society sup.

Fernell, Henry Geo. Tudor, Sheffield; and 9, Bedford. £

row-W. Smith, Sheffield. posed to represent solicitors, and the apathy of 100

Ferbank, William, Newport-C. B. Fox, Newport. solicitors as a body, the proceedings end in in.

Flint, Charles Albert, Canterbury; and 17, Lincoln's. 4 10

inn-fields-H. T Sankey, Canterbury. effective resolutions. It is remarkable that the

Foster, Edward Walker Webb, Ulster Villa, Leytonpresent relations between the two branches of the

stone-E. Browning, Redditch; E C. Browning, Red1,000

22 10

ditch; C. N. Cole, 30, Essex street. 2.000 Profession should be allowed to continue, and the

Freeman, John Tilleard, 17A, Whitehall-place-J. Hop3,00 indifference of solicitors in this respect is certainly 4.000

67 10

90

good, 17A, Whitehall-place. 5,000

110 extraordinary. Solicitors require important re

Geare, Henry Ceil, 6, Raymond-buildings-C.P. Wood, 6.000

6, Raymoud-buildings. forms affecting the Bar which must come, and

7,000

97 10

Ghest, John, the younger, Manchester; and 2, Elling8,000 that at no distant period. Barristers must be 9,000

110
112 10

ton.street, Istington-J. A. Foyster, Manchester; F.
10,000
90

Weatherall, 7, King's Bench.walk. liable in an action for negligence, and solicitors 15.000 127 10

170

Grey, Hubert Allen, 100, Cambridge street, Warwick. must have much greater facilities for being called 20.000

30

square -- W. H. Duiwnan, 15, Bedford row; J. R. 1R3 15

245 to the Bar. But the necessity for reform may

Fenwick, 12, Fenchurch-street; C. G. G. Rushworth, 4,000 221

238 15
50,000

845
420

560 apparently invite without inciting to action, and

15, Bedford-row.

Haines, George William, 10, Storey's-gate, Westminster our correspondents must not rely on the ends

-P. J. W. Cooke, Gloucester; J. Andrews, 12, Bed

ford-row. being attained by means of journalism only. LIST OF GENTLEMEN APPLYING TO BE

Hamer, Henry, Liverpool-J. Rayner, Liverpool. ADMITTED.

Hamshaw, John Lovell, Farnham, Surrey-H. Potter,
Notices of admission for Michaelmas Term, 1873.

Farubam.
NOTES OF NEW DECISIONS.

Harman, Orlando George, 7, Gray's-inn-square-A. H.
Alford, William, 10, St. Swithin's-lane; articled to E.

Crowther, 7, Gray's-inn square.
WILL-ERASURE – SUBSTITUTION — DEPEN-
K. Blyth, 10, St. Switbin's-lane.

Harvey, Rihard, 5, Barge-yard, Bucklersbury-C. DENT RELATIVE REVOCATION.- Where a testator Allan, Charles George, 62, Moorgate-street-J. T. Simp

Gammon, 5, Barve-yard.

Bon, 62, Moorgate street. attempts to substitute the name of one legatee

Harvey, Henry Fairfax, Royston; and 9, Bedford-road Allen, Samuel, Sheffield-W. B. Fennell, Sheffield.

-H. Thurnall, Royston. for that of another by erasing, the name of one Bantoft, W. the younger, Ipswich; and 43, Bedford- Hastings, Alfred Gardiner, 23, John-street, Bedfordand writing the name of the other in its place, if row-S. A. Notcutt, Ipswich.

row-E. Futvoye, 23, John-street. the alteration is not attested in accordance with Barnard, Edward Erpest, 11, Southampton-Buildings, Heath, Alfred Samuel, 10, Basinghall-street-S. Heath, the Wills Act, the court may receive evidence as Chancery-lane ; Keynsham, near Bristol; and 50, Basinghall-street. to the original form of the will, and pronounce

Upper Bedford-place-H. Livett, Bristol.

Hedger, Philip F. Frushard, 2, Ladbrooke-terrace, for it in that form. A will contained a hequest to Barrett, Joseph, 163 and 137, Fenchurch-street-T. W. Notting.bill-J. Sharp, Suuthampton; E. Harrison,

Southampton. my “sister Louisa,” written over an erasure. Batten, Thomas, Bradford, Wilts-G. Spackman, Brad- Hime, George, Liverpool-H. W. Collins, Liverpool ; There was no evidence as to when the erasure was ford, Wilts.

T. Martin, Liverpool. made, but the court being of opinion, from ex. Bean, Wm. Henry Rodbard, 16 Beauford-terrace; 170, Hinton, Edmund, 3, Lilford-road, Camberwell; J. trinsic evidence, that the words erased were

'my

Ladbrook Grove-road; and Cheltenham-P. J. W. Blenkinsop, Euston Station; R. F. Roberts, Euston piece Edith,” and also that the alteration had

Cooke, Gloucester ; H. W. Perkis, Lincoln's-inn- Station.

fields. been made in the mistaken belief that the be- Booth, John Edward, Leeds-H. Appleton, Leeds.

Hooper, F. Montgomery B., Exeter, and 55, Chancery

lane--H. W. Hooper, Exeter. quest would be valid, granted probate, with the Bowers, William Henry Bowyer, Birmingham-J. Jell, Hopkins, John Leifchild, 1, Lincoln's-inn-fieldswords “niece Edith” restored : (In the goods of Birmingbam.

R. G. K. Brookes, Stow-on-the-Wold; R.J. Brookes, E.J. Maccabe, 29 L. T. Rep. N. S. 250. Prob.)

Bowling, Arthur Masterson Law, East Lodge, The Mall, Stow-on-the-Wold; W. Perry, 1, Lincoln's-inu-fields.

Hammersmith - H. P. Bowling, 26, Essex-street, Hudson, Thomas, Manchester-W. H. Talbot, ManSUIT BY WIFE FOR JUDICIAL SEPARATION- Strand.

chester. CRUELTY-PRIOR DEED OF SEPARATION-WIFE Bowman, John Frederick, 5, Clifford-street, Bond-street Jackson, Ernest Gratian, Belper-J. G. Jackson, UNSUCCESSFUL-WIFE's Costs.-After the exe-W. D. Freshfield, 5, Bank-buildings.

Belper, cution of a deed of separation the wife filed a

Boyce, Herbert Edward, 46, Parliament-street, West- James, Edward, 10, Royal-crescent, Notting-hill-J. S. petition for judicial separation on the ground of

minster; and Gwydr House, Westminster-S. Bir- Torr, 38, Bedford-row.

cham, 46, Parliament-street. cruelty. She failed to establish cruelty and her Bray, Henry Malthus, 99, Great Russell-street-R. Bray

Jeans, John Locke, Alford, Lincoln; F.J. Rhodes, Al

ford. petition was dismissed, but the court, being and F. R. Warren, 99, Great Russell-street.

Jennings, Frederick William, Portsea, and 34, Limesatisfied that her attorney had acted in the beliet Brewis, John, Sunderland; and 35, John-street, Bed- street, City-W. Jennings, 31, Lime-street; 1. Ford, that she had a substantial case, allowed the wife's

ford row-G. S. Rapson, Sunderland.

Portsea. costs up to the amount for which security had Broadbent, Spencer; Liverpool-F. Broadbent, Bolton; Kennedy, Arthur, 26, Chancery-lane ; T. Kennedy, 26, been given in the registry : (Flower v. Flower, Brockman, Alfred Drake, Folkestone-R. T. Brockman, King, Edward, 1, Bedford-row, and Wirksworth-J. F. 29 L. T. Rep. N. S. 253. Div.). Folkestone.

Kingdon, Wirksworth,

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Langworthy, Frederick, Modbury, Devon-R. Andrews, Toller, Ernest Edward, East Heath, Hampstead- BASSETT (Hon. Emily H., formerly of Tehidy Park, Corn-
Modbury.
Messrs. Upton and Co., 20, Austinfriars.

wall, late of Abbey Hotel, Great Malvern widow. Nov. Ledgard, John Armitage, Heaton Chapel, near Stock- Treacher, John, 9, Gerrard-street, Soho-W. A. Brown,

30; G. Rooper, solicitor, 17. Lincoln's-inn-fields, Mid.

dlesex. port, and Manchester-J. Richardson, Manchester. 35, Lincoln's-im-fields. Lee, Edward, 14, Perey terrace, Ladbrooke-grove-road Tudor, John, Brecon-J. R. Cobb, Brecon.

BRENNAN (Jas.), 248, Church-street. Walker. Northumber-E. V. Lewis, 61, Cheapaide.

land, grocer. Dec. 20; J. A. Philipson, sol.citor, 65, PilWalker-Jones, Francis A., Melbourne, Sydney, Adelaide, srim-street, Newcastle-upon Tyne. Leeds, Charles Edward, Bury St. Edmunds, and 12, Launceston, Hobart Town, Australia; and 1, Vinery. BURTON (Henry J.), 58, Pentonville-road, and 7PhilpotHunter-street, Brunswick-square-J. Sparke, Bury villas, St. John's-wood-C. Meredith, 8, New-square.

lane, London, grocer. Nov. 29; Tamplin and Co., soliSt. Edmunds. Walker, Hugh Mewburn, Lee-T. Walker, 12, Furni

citors, 159, Fenchurch-street london. Lindsell, Frederick R. Barber, Lyme Regis-R. Hill- val's inn.

CLAY (Elizabeth), Rastrick, Halifax, York, widow. Dec. man, Lyme Regis; R. W. Hillman, Lyme Regis. Waller, Arthur, 19, Highbury-terrace-G. Waller, 75,

31; Ford and Co., solicitors, 70, Albion-street, Leeds. Ling, Frederick Gaskell, Halesworth-F. Cross, Hales- Coleman-street.

COCKAYNE (Betty), Clarkson-street, Sheffield. York, widow. worth. Wallingford, Alfred Bishop, 38, Stockwell Park-road

Dec. 6; A. Smith and Son, solicitors, 26, Castle-street,

Sheffiell. Lucas Ernest F. Bourne, Louth-T. F. Allison, Louth. E. A. Wallingford, St. Ives.

CRIDLAND (Henry Wm.), formerly of Dockhead, late of 262, Makin, Robert Henry, Liverpool — W. Blackmore, Walters, Frank, Wanstead-L. Walters, 3, Finsbury- Old Kent-road. Surrey, cheesemonger. Jan. 6; G. H. Liverpool; and 3, Founder's-court, Lothbury. circus.

Hogan, solicitor, 23," Martin's-lane, Cannon-street, Martin, Thomas Frederick, 155, Canyon-street, City- Ward, Charles Bernard, 32, Bernard-street, Russell.

London. T. Martin, 155, Cannon-street; L. W. Gregory, 155, square-H. E. Hunt, Nottingham.

DOCKER (Joseph), Brook-cottaga, Chorlton-cum-Hardy, Cannon-street.

near Manchester, gentleman. Warne, Harry Duke, 15, Furnival’s-inn ; and Rochester

Dec. 15; Sale and Co..

solicitors, 29, Booth-street, Manchester. Meres, Frederick Angustus, 58, Millman-street; and -J. T. Prau, Rocbester.

Doe (Thomas) Mount Bures. E-sex, miller. Dec. 16; 11, Serjeant's-inn-T. Sismey, íi, Serjeant's-inn. Waugh, Edward Lamb, Cockermouth - E. Waugh, Smythies and Co., solicitors, North Hill, Colchester Middlebrook, William, Barton-on-Humber - J. H. Cockermouth.

EARLE (Henry E.), 28, Inverness-terrace, Bayswater, and Priestley, Barton on Humber. White, Henry Arthur, 12, Great Marlborough-street

82, Grosvenor-street, Bond-street, London, wine merMills, Frederick William, 1, Brunswick-villas, Hill-road, A. W. White, 12, Great Marlborough-street.

chant. Dec. 16; Chas. Earle, 9, Duke-street, Portland. Abbey-road – H. R, Lémpriere, 56, Lincoln's-inn- Wilkes, John James, 8, Granville-square, Pentonville;

place, Lndon.

EDWARDS (Richard W.), 40, Harrington street, Hampsteadfields. and Darlington-T. Clayhills, Darlington.

road. Middlesex, gentleman. Dec. 2: Whitakers and Minshall, Philip Henry, 106, St. Paul's-road, Camden-Williams, Robert Jones, Putney; and Mold-T. T. Woolbert, solicitors, 12, Lincoln's-ion fields, Middlesex. town; and Oswestry-W. Sbaen, 8, Bedford-row C. Kelly, Mold.

ELLIOTT (Samuel), H. M.'s Court of Probate. Doctor's Minsball, Oswestry.

Williamson, James, the younger, Surbiton--J. William- Commons, London, and 42, Harleyford-road, Kennington, Mould, John Clarke, Melton Mowbray-Messrs. La- son, 6, John-street, Bedford-row.

Surrey, gentleman. Nov. 30; Brooks and Co. solicitors, tham and Paddison, Melton Mowbray. Wise, William, Ashbourne, Derby: and 70, Upper

7, Godliman-street, Doctor's Commons, London. Marcott, Edwin, Offchurch, near Leamington-G. C. Gloucester-place, Dorset-square-J. J. Wise, Ash

ELSDEX (Wm.), formerly of 57, Regent-street, LambethGreenway, Warwick. bourne.

walk, and 21, Lambeth-walk, Surray, late of 09, LoughNash, William, 142, Rye-lane, Peckhaw-rye; and 45, Woodforde, Randolph, 18, Everett-street, Russell

borough-road, North Brixton. Surrey, gentleman. Dec.

5; Whitakers and Woolbert, solicitors, 12, Lincoln's-innThreadneedie-street - J. H. Cotterill, 45, Thread- square ; and Bath-J. Stone, Bath,

fields, Middlesex. needle-street.

Woodhouse, James Thomas, Bridge House, Sydenham ; | FAULDER Elizabeth, formerly of 15, Fitzroy-square, MidNorthgraves, Charles, Kingston-upon-Hull-R. H. and Kingston-upon-Hull — W. J. Reed, Kingston- dlesex, late of Boulogne-sur-Mer, France, spinster. Nov. Dawson, Kingst p-upon-Hall. upon-Hull.

17; Hill and Son, solicitors, 39, Old Broad-street, London. O'Brien, Lucius Melville, Southampton-T. Harrison Worsley, James Edwardson, Warrington; and 36, Esser

FITZ-GIBBON (Lady Isabella, M. A.), 85, Lownie -square, Stanton, Southampton. street-w. Beaumont, Warrington; W. H. Brook,

Middlesex, spiaster. Dec. 1; Walker ant Martinean, Owen, Morris, Carnarvon-R. D. Williams, Carnarvon. Warrington.

solicitors, 13, King's-road, Gray's-inn, Middlesex. Parton, George Adolphus, Collamore, Wandsworth-Wright, William, Rutland-park, Perry-hill, Lower

FULLER (Louisa M. B. K. , late of Brussels, formerly of

West Court, near Finchampstead, Berks, and Comeroy, W. Clark, 66, Gresbam House. Sydenham-J. Wright, 8, New-inn, Strand.

near Honiton, Devon, widow Dec. 1: Leman an

Co., Paston, John, Berwick-upon-Tweed; and 105, Glou. Young, Adrian, Dorking; and 6, Serjeants'.inn-H. solicitors, 51, Lincoln's-inn-fields, Middlesex. cester-road, Regent's-park-R. Douglas, Berwick- Young, 6, Serjeants'-inn.

GRAHAM (Alfred), Mossles Vale House, Mossley Vale, near upon-Tweed. Young, John Arnold, Bury; and 4, North-road, Clap

Liverpool, gentleman. Dec 31; G, Webster, solicitor, 6, Pearce, James Colling, Ealiug; and 45, Essex-street- ham-park-Alfred Grundy, Bury.

York-buildings, Dale-street, Liverpool. T. Kipping, 45, Essex-street.

GUI E (Wm. J., formerly of Borough Market, Southwark, Peddar, Sydney Hampden, 41, Finsbury-circus; and 7,

Pursuant to Judges' Orders,

and late of 9. Sussex Cottages, Alpha-road, New Cross,

Kent, fruit salesman. Jan. 1; H. Simpson, solicitor, 20. Beresford-road, Highbury–T. P. Cobb, 41, Finsbury Andrews, Henry, 25, Austinfriars–S. B. Merriman, 25,

Borough High-street. London. circus.

Austinfriars.

GUNNELL (David), Chesterton, Cambridge, gentleman. Pinsent, Richard Alfred, Church-road, Essex-road, Calcott, George L. Berkeley, Leighton Buzzard, and Dec. 31; Eaden, Harris and Knowles, solicitore, 15, Sid. Islington; aud 9, Bedford-row-T. S. James, Bir- 27, Grosvenor-road, Highbury New Park-J. Newton, Dey-street, Cambridge. mingham.

Leighton Buzzard; F. M. B. Calcott, 52, Lincoln's- HENDERSON (Elizabeth Martha), commonly called Lady

inn-fields. Pomeroy, Edward Boyce, Wymondham-E. P. Clarke,

James Townshend, Yarrow House, Bintry, Norfolk, Wymondham ; J. White, Wymondham. Godfrey, Joseph Wallace, 10, Gloucester-terrace,

widow. Jan. 1; F. Leach, solicitor, 10, Lancaster-place,

Strand, London. Porter, Thomas Simpson, Bedford-L. Jessopp, Bed- Regent's-park-J. W. Budd, 20, Austinfriars.

HERLEY (Jane), late of Torquay, formerly of Weston-superford. Greatheed, William, 19, Lincoln's-inn-fields-W. Led.

Mare, widow. Dec. 1; D. W. J. Thomas, solicitor, Preston, Donald William, 19, Norfolk-street, Strand;

sam, 17, Lincoln's-inn-fields; H. Chaplin, 19, Lin- brecon. Norwich; and 14, Lincoln's-inn-fields-A. Preston,

coln's-inn-fields.

Hicks ( ne P.), Brooklands, near Ross, Hereford, spin. Norwich Hankinson, George Henry, Woodlands-park, near Al

ster. Nov. 30: E. J. Austen, solicitor, 79, Denbigh-street: trincham-R. K. Cooper, Manchester.

Belgrave-road, LondonPrichard, Iltyd Moline, 57, Granville-park, Blackheath;

HONE (Jas.), 49, Great College-street, Camden Town, Midand 43, Chancery-lane-R. Cunliffe, 43, Chancery- Overell, Albert Edward, Leamington Priors W.

dlesex, and 38, Charles-street, Middle ex Hospital, Midlane. Overell, Leamington Priors.

dlesex, fringe manufacturer. Dec 31; Shaw and Fraser, Pritchard, Wm. Benning, Beaumont-road, Wimbledon- | Pope, John Noble Coleman, Stoke Lodge, near Bristol- solicitors, s, Farnival's Inn, London. park-A, J. Pritcbard, 7, Knight Rider-street; H. J. W. Leonard, Bristol.

JACKS X (Elizabeth). Wigan, widow. Dec. 10; Leigh and Francis, 36, Lincoln's-inn-fields.

Smith, Francis Peters, Norris-bill, near Ashby-de-la- Ellis, solicitors, The Arcade, King street, Wigan. Quelch, Francis, Everton, Liverpool-S. D. Worship, Zouch, and 71, Cambridge-street, Pimlico-E. B.

Jaxks (Mary E), St. Owen-street, Hereford, spinster,

Jan. 1; W.J. Humphrey , solicitor, Hereford." Liverpool Junnings, Burton-upon-Trent.

JOHNS (Samuel), Garibaldi-villa, Worwick. gentleman. Dec. Quilter, Charles, 140, Tufnel-park-road-J. Beaumont, Stanway, Edward Fancutt, 36, Bartholomew-road,

1; Wm. Moon, solicitor, 15, Lincoln's Inn fields, Mid53, Coleman-street.

Kentish Town-P. C. F. Tatham, 13, KnightriderRawlinson, Francis, Dalton-in-Furness--J. Poole, Ul.

street.

KEEN (Jos ), Godnoy, Meare, Somerset, cattle dealer. Nov. verstone.

Taylor, Henry Alfred, 15, South-street, Finsbury- 30; S. Hobbs, jun., solicitor, We'ls, Somerset Reeves, Edmund Whitelock, Heathfield, Wimbledon. square-G. R. Jaquet, 15, South-street.

KENNEDY (Jos., Brown.s reet, Manchest r, and The Pop

lars, Edge lane, Chorlton-cum-Hardy, Lancaster, letter. common-H. W. Reeves, 44, Lincoln's-ipn-fields. Tyrer, Alfred, Liverpool-W. K. Tyrer, Liverpool.

press printer. Dec. 25; J. Peacock, solicitor, 86, CrossRickards, Artbur Torriano, Putoey; and 39, Old BroadNotices of Application to take out and renew

street, Manchester. street-H. Heald, 23, Throgmorton-street; R. H.

KNIGHT, (Samuel), Pontefract, York, marchant. Hill, 39, Old Broad-street.

Attorneys Serlificates.

Dec. 28; Coleman and Sangster, solicitors, Pontefract. Robii:son, John, Sunderland-W.S. Robinson, Sunder- Baker, George, 25, Larkhall-lane, and 37, Great Percy- | MARSHALL (Charlot e), Brunswick-villas, near K-w-bridge, land. street, Peptonville. June 14.

Old Breniford, M.ddlesex, widow. Nov.1; Raston and Rundle, Richard Albert, Plymouth; and 3, Mylne Brabant, William Frederick, 2, College crescent, Belsize C., solicitors, Brentford, Middlesex. street, Mydoletoo-square-R. E. Moore, Plymouth. Park. May 27.

MCPAERSON (Isabella), High-street, Maidenhead, Berks,

widow. Nov. 25; H. o. Dra por, solicitor, 5t, VincentSarer, William, Todmorden; and Richmond-hill-J. Bryan, William, 59, Farrington-square. Junn 14,

square, Westminst r. Stansfield, Todmorden.

Bruce, Thomas Dundas, 10, Albert-street, Regent's Moon (Wm.), formerly of Liverpool, late of Woolton Hill

Park. June 25. Sanders, Olifi George, 33, King.street, Cheapside-B.

house, within Woolton, Lancashire. Esq. Dec. !; Pears

and Co., solicitors, 3, Harriagton-street, Liverpool. Norton, 2, Gresham-buildings; G.' T. Powell, 33, Johnson, H. Skingley, 38, Walbrook, and 78, WellsKing-street. Cheapside.

street, Oxford-street. June 14.

MOORTON (Walter), 129, Pakington-strert. Eszex-road,

Islington, Middlesex, licensed victually. Nov. 20; Saxby, Joseph, Heaton Moor, near Stockport; and Fal. Lindop, Thomas Crump, Torquay. June 2. lowfield, near Manchester-J. Peacock, Manchester. May, Alfred Henry, Bristol, and Kings' Kerwell, Devon.

Nash and Co., solicitors, 2, Suffolk-lane, Camon-street,

London, Seott, John Sefton, Biackburn; and Manchester-J.

Jane 2.

NAPIER (Major Gen. Geo. T.C.C. B.), Morpeth-terrace, Bolton, Blickburn Moorsom, William Frederic, Ewell. June 14.

Westminster, Nov.24: G. Rooper, solicitor, 17, LinSheppard, Hobart M‘Lean, P., 7, Clifton-grove, Dalston

Ransom, Arthur, Newport, Monmouth, and 137, Barns- coln's inn-filds. Middlesex. -T. Horwood, 7, New Broad-street

bury-road. June 14.

OWEN (John B.),

formerly of Starnford-hill, Mid Vesex, late

of 17. Upper Hornsey-rise, Middlesex, Eq Dec. 18; Skipton, Thos., the younger, Chesterfield-T. Shipton, Smith, Francis John, 6, Gray's-inn-square, and MangChesterfield. field. June 20.

Rixon and Co., solicitors, 52, Gracechurch-s reet, London. Smith, Alfred Oxnard, Durham-J. Watson, Durham. Stockwood, Alfred, Pontypridd. Jane 14.

PEARSON (Charles), Tempsford Hall, Tempsford, B dford, Spender, Frank Richard, Bradford-on-Avon-J. Sparks, Wall, William Henry, Pembury, Kent, and 8, Token

Esq. Dec. 1; Barne and Parker, solicitors, 37, Lincoln's Underwood, Edward Morgan, Hereford. June 14.

Inn-fields, Middl.sex. Bradford-on-Avon,

PETTET (Elizabeth T.), Orchard-hill, Greenwich, Kent, Stevens, Samuel George, 26, Northumberland-place, house-yard. June 14.

spinster. Dec. 1; Sandom and Kersey, solicitors, 52, Bayswater-T. L. Wilson, 3, Westminster Chambers. Watson, James, Croydon. May 17.

Gracechurch-street, London.

PRIOR (WM.), formerly of Kemerton, Gloucester, late of Stow, Montague Haslam, 13, Buckland.crescent, Bel

Weymouth, gentleman. Nov, 25; L. Jessopp, solicitor, size-park-T. S. Preston, 35, Lincoln's-inn-fields. UNCLAIMED STOCK AND DIVIDENDS IN THE Bedford,

BANK OF ENGLAND. Sullivan, John Mortimer, 5, Bond-street, Claremont

RADFORD (Ellen), Southwell, Xottingham, widow. Dec. 1 ; &quare-C. K. Sharp, 31 and 32, Lombard-street. (Transferred to the Commissioners for the Reduction of the

S. R. P. Shilton, solicitor, St. Peter's Churchside, Not

tingham. Sumner, John Bird, Cheetham, Manchester-J. W.

National Debt, and which will be paid to the persons
respectively whose names are prefixed to each in three

RADFORD (Jos.) formerly of Alfreton, Derby late of SouthAddlesbam, Manchester. months, unless other claimants sooner appear.]

well. Notts, farmer. Dec. 1; S. R. P. Snilton, solicitor, Sykes, Alfred, Crosland Moor, near Huddersfield- MARTINDALE (Edmund), Moka, Mauritius, Esq., L200 New

St. Peter's Church-side, Nottingham.
T. H. Ramsden, Huddersfield.
Three per Cent. Annuities. Claimant, Vesey Weston

RIMMER (Ralph), Wigan, coal propr etor. Dec. 10; Leigh-
Talbot, Jobn Edward, Higher Broughton, near Man.
Holt, administrator to Edmund Martindale, deceased.

and Ellis, solicitors, The Arcade, King-street. Wigan. chester-W. H. Talbot, Manchester. STEVENS (Dr. Wm.), M.D. Upper Wick Housa, near Wor

SUTTON (Sir John, Bart., Norwood-park, Nottingham, cester. Three dividends on the sum of £2500 New Three

aud Bruges, Belgium. Dec. 4; Ward ani Co., soli itors, Tanner, Arthur, 144, Ebury-street; and Bristol-R. H. per Cent. Arnuities. Claimants, Richard Reader Harris

1, Gray's-inn square, London. Otter, Bristol and Wm. Wilkes Cawley, executors of Wm. Stevens, de

TAYLOR (Geo.), 0, John-street, Bedford-row, Middlesex, and Tanner, William, Chelmsford-W. J. Bruty, Chelms- ceased.

Waven@y-villa, Ventnor. Isle of Wight, printar. Dec. 15 ; ford. WITTs (Rev. Edward Francis), Upper Slaughter, Glouces

R. H. Nettleship, solicitor, 37, John-street, Bedford-row,

London, Terry, William Curtis, Fulham-0. Richards, 16, War- tershire; LEA (Geo. Edward, Upper Slaughter farmer; wick-street, Regent-street. and WITTS ( Francis Edward Broome), Upper Slanghter,

WHEELER (Henry), Bolingbroke House, Wandsworth-comTheobald, John Theophilus, The Limes, Lower Tooting Esq. 2166 188. 4d. Reduced Three per Cent. Annuities.

mon, Surrey, Esq. Dec. 1; Lawrance and Co., solicitors, Claimants, said Rev. Edward Francis Witts, Geo. Edward

14, Old Jewry-chambers, London, -J. P. Theobald, 8, Furnival's inn. Lea, and Francis Edward Broome Witts.

WILLIAMS (Mary A.), Walthamstow, Essex, widow. Dec. 1; Thomas, George, Carnarvon-E. G. Powell, Carnarvon ;

W. Houghton, solicitor, 15a, St. Helen's-place. London. J.H. Roberts, Carnarvon.

APPOINTMENT UNDER THE JOINT-STOCK Thomas, Matthew Watson, jun., Walthamstow; and

WINDING-UP ACTS. 25, Martin's-lane, Cannon street-H. W. Nelson, 26, WIRE TRAMWAY COMPANY LIMITED). Petition for winding. With a view of depriving naval courts-martial Martin's-laue, Cannon-street. up to be heard Nov, 7, before V.O.M.

of the right to adjudicate upon offences punishThompson, Henry, Fairfield; and Liverpool-G. Haigh, Liverpool

CREDITORS UNDER 22 & 23 VICT. C. 35.

able by civil law, a petition to the House of Com. Tippets, William J. Berriman, 16, Highbury-grove-J.

mons and memorials to the Lords of the Admiralty

Last Day of Claim, and to tohom Particulars to be sent. B. Tippetts, 5, Great St. Thomas Apostle ; J. B. Adams (John), Hollyland, Pembroke. Esq.

and Privy Council have been prepared and are

Dec. 6; A.
Tippette, jan., 5, Great St. Thomas Apostle.
Scott, solicitor, 39, Lombard-street, London,

influentially supported.

di sex.

corn

LEGAL NEWS.

CORRESPONDENCE OF THE the amending statute, whero the reader may find
PROFESSION.

the amendment in full. In such a work any ordi. IMPRISONMENT FOR DEBT.

nary reader can " find his way about" without THE following letter was lately addressed to the Nore.-This Department of the Law Times being open to lations should not afford the same facilities. But

difficulty. There is no reason why larger compi. Times, but did not secure insertion : I have no desire to trespass unduly upon your responsible for any opinions or statements contained in it. it is not to be doubted that the foverish

competi. columns, bnt as you have to use a lawyer's

tion of publishers to be first in the field cramps phrase) repleaded upon the question raised in the THE INTERESTS or THE PROFESSION.-I quite and embarrasses men even of the highest pro. letter of Mr. Pitt Taylor and myself, as to the agree with your correspondent's remarks in your fessional distinction, and to some extent places power of imprisonment on fraudulent debtors, last impression that "no educated men are so in them in a false position. In the case of Glen's extending to all debtors alike, whether over or adequately paid as solicitors. And why? Public Health Law, the grievance is, however, of ander £50, and you now insist that this equality, Simply because they quietly submit to the in,

a different complexion, and tho responsibility though it exists, is merely theoretical, and is justice with the utmost complecency. It would belongs solely and exclusively to the publishers. reduced to a practical inequality, through the be impossible to find outside the profession a

A CHAIRMAN OF A LOCAL BOARD. unequal operation of the Bankruptcy Act 1869, body of men so utterly apathetic and indifferent, upon the two classes of debtors, you have raised and so completely devoid of energy when their a new and distinct issue which justifies rejoinder. own interests are affected, as “our noble selves." NOTES AND QUERIES ON You state, or at least I think your readers would I feel that in saying this I am only repeating what POINTS OF PRACTICE. understand you to stato that, under the provisions has been over and over again assorted. Tho older of the Bankraptoy Act 1869, . debtor owing practitioners, whom we naturally expect to take Notici.-We must remind one correspondentų that this more than £50 can, by surrendering his property the initiative, are, to a certain extent, responsible column is not open to questions involving points

of law to his creditors, if it yields 108. in the pound or for this inertness. Wedded to the stereotyped

such as a solicitor should be consulted upon. Querits will

be excluded which go beyond our limits. more, obtain, as of right, a full discharge from all procedure and traditions of the past, they look N.B.- None are inserted nnless the name and address of the his debts, and thus free himself from all risk of aghast when the slightest innovation is suggested. writers are sent, not necessarily for publication, but as a imprisonment; whereas a poor man, whose debts to some extent this is natural enough, and there

guarantee for bona Ader, are less than £50, cannot avail himself of this has been quite enough of "innovation" of a mode of escape, but must pay the uttermost certain kind already. Law is rapidly losing much

Qatrics. farthing under the oppression of County Court of its cumbrous machinery and antiquated forms, 1. RELEASE OF DEBT BY WILL-LEGACY Duty.-A. summonses and commitments, aggravated by and its reformers-with the best intentions, probowos Testator £100. Testator by his will releases the accumulated costs. Now this is a misapprehen. ably-have so far popularised it by establishing debt. Is such debt liable to legacy duty ?-Q. sion of the true effect of the Act. The limit of County Courts, Building Societies, and similar £50, as an amount of indebtedness, and the limit institutions. The result is, that by virtue of 2. PRACTICE IN THE COLONIES.-1. Can a clerk, baving of 10s. as an amount of dividend, have reference special legislation, the once needful offices of an served his articles to a solicitor in this country and only to bankruptcy proper; and no debtor, trader, attorney are frequently all but superseded. The passed the necessary examination, commence practice or non-trader, can, by any act of his own, make registrar prepares the plaint for the suitor;" It 30, are there any, and what steps to be taken to himself a bankrupt, and thereby acquire the right the solicitor to the building club, at a ridiculously enable him to do so 3. Is it necessary that he should to a discharge by payment of a dividend of 10s. in small fee, fills up and completes the printed con. state the fact to the Incorporated Law Society before the pound. The adjudication in bankruptcy veyance or mortgage for the member;” and signing articles.-AN ENQUIRER. must be the act of a creditor, or creditors, whose thus the ball rolls, the independent practitioner, debts amount singly, or in the aggregate, to £50. when one is employed on the other side, coming Brown, and Robinson, as joint tenants from year to year

3. NOTICE_TO QUIT.-Jones lot tarm to Smith, But any person, trader, or non-trader, peer or in for bis full share of abuse because his charges with a proviso against underletting ; Smith has ceased peasant, merchant or mechanio, who finds himself are necessarily made out on a different scale to occupy the farm, and a notice to quit was given to insolvent, may, under the 125th section of the Now, it is the fear of incurring the bad graces of Robinson, which was addressed to Brown and Robinson Act, by filing a petition, admitting his insolvency, the client under these and similar çiroumstances only. Query, whether such a notice was a good notica procure a meeting of his creditors to be sum. that has brought about another grievance. Our against Smith, and can Jones eject Smith, Brown, and moned, and leave it to them to determine whether charges are, as is well known, based upon a fixed Robinson, and if so, against whom should the action of they will accept a surrender of his property for scale, or, in some cases, upon a certain scale of com. ejectment be brought? Please refer to cases. equal division among them. In this proceeding mission. The public think both too high, and the 4. AGENTS AND DEBT COLLECTORS.-Will any of the there is no limit as to the amount of indebted. Profession foolishly confirm that opinion by 00ca. readers of the Law Times inform me of the best course ness. The £50 limit has no reference to it. An sionally giving way. I should like to know who to pursue in proceeding against so-called "agents" sod. insolvent who owes £5 only may avail himself in the

country would dare to uniformly enforce duct cases in the County Court, and reler me to author of it as well as an insolvent who owes a the taxing scale, much less that of the Law Society. rities on the subject? I presume that such "agents." million; nor has the limit of 10s. for divi. The fact is that country attorneys are anything who in the absence of the plaintiff undertake a cause, dend. There is no limit at all. If the property but true to themselves in the matter of remunera. may be treated as violating the rights of an attorney were to yield 198. 11d. in the pound, that would tion. Underselling, I am afraid, is more frequently (although they may appear as witnesses to testify esoto not give him a right to a discharge. Whatever the rule than the exception. The Profession the defendant's means), and be proceeded against accordividend the estate may yield, the debtor must should condescend to take a lesson from the dingly.

BURTON-ON-T'RENT. depend for his discharge upon the voluntary act labouring classes, and stick together and "strike" of a certain majority of his creditors. This state now and again. No doubt this reprehensible estate, the consideration being partly cash and partly a

5. SUCCESSION DUTY ACT.-A., in 1840, purchases real of the law is accurately stated by Mr. Davis (the “competition” is partially, though not by any life annuity to the vendor, duls charged and secured on stipendiary magistrate for Sheffield) in his exami. means wholly, owing to the fact that agents the estate by deed of even date. A. dies in 1861, having nation before the select committee. The real compete (most improperly) for certain kinds by his will empowered trustees to sell the estate, which difficulty in the poorer class of debtors availing of business which should

rightly fall to our lot they do in 1871, subject to the annuity: In 1873 the themselves

of these provisions lies, as Mr. Davis exclusively. These interlopers are readily sup: Is succession duty now payable in respect of the center points out, in the amount of the fees payable to ported in their nefarious traffic by the public, who of the annuity? And it so, on wbat principle should it Government. This, however, might, if thought fall an easy prey-though they don't think so-to be calculated, and by whom must it be borne ? The pur; desirable, be met by a greatly reduced and gradu- their exactions; and although the attention of the chaser of 1871, and present owner, is a stranger in blood ated scale of fees; and such a plan,

as it strikes attorneys must be repeatedly drawn to this to both A. and his vendor (the annuitant), who were me, would be better than the scheme recommended empiric phlebotomy, yet no attempt in the in. strangers in blood to each other. by the committee, of forming a fund by payments terests of the Profession is made to suppress it! to be made by the debtor, which could only come The best solution of the problem is to have, where acr.-By the Gas Works Clauses Act 1877, s. 35, kas

6. LOCAL AUTHORITY UNDER THE GAS WORKS CLAUSES out of his future earnings, thus perpetuating the practicable, an enforced scale of remuneration by companies are required to forward to the local authovery class distinction which the committee so commission in substitution of che“ bill of costs. rity! certain annual statements of accounts. The prcstrongly reprehend. But allow me to point out This time-honoured document does incalculable visions of this Act apply to every Gas Company who that the operation of the Bankruptcy Act 1869 is mischief

to the Profession, when it gets into the has obtained Parliamentary powers or any provisional introduced as a divertion, and bas really nothing hands of the laity. The scale of commission, order (under the authority of the Gas and Water to do with the question, because, if the existing however, should not be too high. In this respect must, therefore, be inany towns in England in which jurisdiction is properly exercised, it would never the Law Society's scale is, I think, open to objec. there are gas companies to which this section applies. be put in force against a man who is shown to be tion. Again solicitors should combine, and by Will any of your readers inform me who is the recog. insolvent. In its proper exercise it would be con acting in concert uphold their privileges and nised local authority" in the case of a market town fined to the dishonest debtor who has the means secure their full emoluments. Depend upon it, not being a municipal corporation ? of paying, but obstinately refuses to apply them. until the Profession makes its voice to be felt And the question then resolves itself into this, not merely heurd-it is quite hopeless to expect ploys B. on a contract to thresh the corn A. then has,

7. CONTRACT-DEBT-RUNNING ACCOUNTS, &c.-A. em. whether, admitting that the redress for breach of a the abolition of " certificate duty or any of the and B., by threshing on five occasions, finishes the concivil contract should be limited to a civil remedy, other innumerable grievances and restrictions to tract. A. pays for occasions 1, 3, 4, and refuses to pay is not the imposition of a temporary restraint which we are so unjustly subjected. We are un. for 2 and 5 on account of imperfect work. B. puts 4: upon a man's liberty intended to coerce him into fortunately attacked from within and without. into the County Court for 5 only, and succeeds by doing that which he ought to do and can do, and Untrue to one another, we find ourselves weakest A.'s paying the sum into court. Can B. now County a restraint therefore which it is in his power at when we need to be strongest.

A. B.

court A, for money due for occasion No. 2?-X. any time to get rid of, really a civil remedy, and not to be confounded with punishment for

Answers. a crime? Undoubtedly the number of debtors LAW AMENDMENT AND LAW PUBLICATIONS.- (Q. 66.) EJECTMENT.-Looking through some back imprisoned is appallingly great. It is, however, I willingly accept Mr. Lumley's assurance that all numbers of the LAW TIMES, I notice this query, and the satisfactory to see from Mr. Norwood's returns the sections of the amending statutes referred to replies of "Jus." and "x. Y.” It appears to me that that the number has been reduced from 7978 in are to be found in the New Sanitary Laws, although the latter are not put as strongly in favour of the morte 1871 to 6910 in 1872. I hope a still further reduc. in a state of dislocation. I trust, however, that gagee as the cases cited and others fairly warranth tion will be shown for the present year ; but I feel it is not presumptuous on my part to adhere to the principal sum remain unpaid on the day named, the strongly that the number is still excessive, and the opinion that every statute in such a work gagor, although he remain in possession without giving that it Parliament and the public can be induced should be set out in full in order that the

reader him notice to quit or demanding possession. Where the to look at the question practically, and not may have each in a complete form under his

eye, mortgagee suffers the mortgagor to remain in possestheoretically or scientifically, the remedy

for the and so be able to impress on his mind a know: sion, the latter is not tenant at will to the former: evil that now exists in the number of imprison- ledge of the contents. An excellent illustration may be treated as tenant or trespasser at the election diction, but in regulating the manner of its exer- Taylor's Local Government Act 1858, comprising Partridgo v. Bird, 5'B & Ald. 604 ; 1. c. 1 D. R. 272.? cise.' A COUNTY COURT JUDGE.” other statutes. Here the amended and the amend. The mortgagor is not entitled to possession in respect

ing statutes are presented with equal distinctness of his equitable estate, unless there is some agreement The magistrates at Marlborough-street have all amended

sections are notified and a few words to the contrary, but he bolds it solely at the will of announced their intention not to hear articled or added describing the purport of the amendment. ang prior notice, recover the same by ejectment against managing clerks of attorneys.

Reference is then given to the proper section of him," unless he is ready to pay principal, interest, and

costs : (St. 1017, 2 Sp. 64, 618.). In ejectment by (Q. 81). RECONVEYANCE-Costs.-A. A. R.'s answer of been made, and the number of such applications mortgagee the mere fact of his having received in. last week must, I think, be founded on a misconception. is decreasing. terest on the mortgage loan to a time later than the Scrace v. Whittington is inapplicable, surely. That was a day of the demise in the declaration, does not amount case where one attorney did the work of another at the in the report of the Royal Commission of 1869 to

The reasons for this failure are clearly shown to a recognition by him, that the mortgagor or his latter's request, and therefore differs widely from the tenant was in lawful possession of the premises till the case in question.

H. G. be, not the opposition of one branch of the Pro. time when such interest was paid, and consequently is

fession, but the danger, delay, and cost of having, no defence to the ejectment: (Doe d. Rogers v. Cad.

in all cases, to prove a sixty years' marketable sallader, 2 B. & Ad. 473.)

A. F. W.
LAW SOCIETIES,

title, and to settle the boundaries as against ad.

joining owners. (Q. 80.) MEMORANDUM OF DEED.". Consuetudo" is METROPOLITAN AND PROVINCIAL LAW To put the matter plainly, the landowners of unquestionably correct in the view which he takes. The

ASSOCIATION,

England think the advantages of registration too right of one part owner to place a memorandum on deeds which relate to the common title cannot be ad.

SECOND DAY.

dear at the price required to obtain it. The Land mitted, but the permission to make such a memoran.

Transfer Bill of last session, therefore, proposes dum may in many cases be properly asked and properly the president, Mr. Charles Pidcock, in the chair. easier, at the saerifice of some of the advantages

The proceedings were resumed at eleven o'clock, to adopt the second mode-to make registration . as tention, the case of a conveyance by the same deed of

LAND TITLE AND TRANSFER BILL.

of the Acts of 1862. The settlement of boun. Wbiteacre to A. and of Blackacre to B. B. thinks fit

Mr. G. J. Johnson (Birmingham) read a paper daries is, in all cases, to be optional with the to cut up Blackacre into ten or a thousand, or a million, Lots, each of which he conveys to a different purchaser.

on the Land Title and Transfer Bill. After pre-applicant (Section 35) and he has a choice of three According to w., each purchaser would be entitled to mising that he should confine himself chiefly to modes of registration : have an abstract of his conveyance indorsed on the the principles as distinguished from the details "1. With absolute certified title; if, after in. original deed, the effect of course being to prejudice of the Bill, the writer proceeded to state that, in vestigation, a twenty years' good holding title is A.'s right by turning the original deed into a register of considering this or any other question of legal shown.

“2. With limited certified title, i.e., limited to is the clear right of a part-owner to insist that deeds reform, the first thing to be done was to ascertain relating to the common

title shall not in any way be accurately what are the evils which it is supposed a date selected by the applicant. tampered with. As to indorsements of notice of charges, that the alteration will remove. These, he said, "3. Simple registration, in which the date of &c., see 2 Davidson Cons. part 2, 801-805, 3rd edit. ranged themselves under the two chief heads of registration is the starting point.

Z. Y.
title and transfer, and, after describing the

pre

“It is obvious that in the two latter cases the sent state of the law as to both, continued : “ To attainment of the chief benefit of registration, (Q. 86.) LOSS OF GOODS.-B. as A.'s agent, had presumably au implied authority to send back in the explain the cause of this state of things is foreign viz., indefeasibility of title, superseding any ordinary course, such goods as he did not approve. A.

to the purpose of this paper, and would require a further investigation, is postponed until by the the owner, is the proper party to sue : (Duiton v. Solo. volume to do it properly. Suffice it to say that it operation of the Statutes of Limitation the docu. mons, 3 Bos. & Pul. 584; Dawes v. Peck, 8 Term Rep. is not, as is generally supposed, the fault of the ments placed on the register as the root of the 830.)

Z. Y.

lawyers. It is the result of a succession of con. title is secured from impeachment. Until that An action against a carrier for loss of goods in trivances extending through centuries to evado time arrives, the previous title must be shown an express contract for the carriage of them, be by the the restrictions of feudalism, and to enable and investigated as at present. So also, unless owner of the goods as the party damnified. Where the Englishmen. to gratify one of their strongest the boundaries are settled as against adjoining goods bave been delivered to the carrier to be conveyed instincts, viz., to deal with their land as they owners, and such boundaries must be verified by to a person named by the consignor, the consignee is please, and without anybody but the persons con- evidence independent of the register. In these prima facie the owner of the goods : (Addison on Torte cerned knowing anything about it. As for a long points

the scheme is inferior to Lord Westbury's; approval, the owner sued : (Swain v. Shepherd, 1 M00. & time this had to be done indirectly, and by means but, as it is quite clear that the landowners of Rob. 224). A. is the proper party to sue the Railway of all sorts of subtle contrivances, it is not to be England will not have the greater benefits of Lord Company for the loss of the goods.

A, A. R. wondered at, although it may be regretted, that Westbury's scheme on the onerous conditions on The property in the goods remains in A., and he our law of real property is as complicated as it is. which alone it is possible, there is no way to get therefore is the proper party

to sue: (Swain v. Shep. But, whatever be the cause of this complication, it a starting point other than that proposed by the herd, 1 Moo, & Rob. 224).

H. G. appears to me clear that the complexity is an evil, Bill of last session, viz., beginning with the best

and if it be possible to simplify it it ought to be provisional one which can be conveniently got, (Q. 87.) REMEDIES FOR DEBT-ACTION AND BANK. simplified; and if it be not possible it must be and trusting to time to cure all its original imper RUPTCY-Costs.-B. cannot compel payment of the

costs because the lawyers of the present generation are fections. To accelerate the ripening of registered of a debtor's summous in bankroptcy, where the debtor not as astute as their predecessors, who invented titles not certified as absolute at the time of regispays the debt before a petition is filed in bankruptcy the contrivances of fines and recoveries, the tration, Lord Selborne proposes, by the Real Prothereon ; many of the County Court judges have held doctrine of uses, lease and release, and

other perty Limitation Bill, to shorten by one-half the this to be so.

means of escape from a system which had become present statutory periods of limitation.” I think that B., having elected to accept the debt and costs in the action instead of petitioning unsuitable to the growing wants of the com. Then, after describing the technical processes for an adjudication, the court would not now enter. munity in which they lived. At the outset we of registration and transfer as proposed by Lord tain a new application for payment of costs of the are met with the initial difficulty of all alterations Selborne's Bill

, and the question of the necessary See the decisions of Goulburn, Commis- in any established system, especially one which publicity of the register, the paper summed up the sioner, under the somewhat analogous sections of the has been slowly built up during six centuries, and question thus:346 ; Anonymous 5 L. T. Rep. N. S. 239). It may be that is how we are to effect the transition from "As to registered dispositions by registered doubted, notwithstanding

the discretion as to costs the old system to the new. The popular notion is owners (i.e., absolute sales, mortgages, or, as the given to the court by the Bankruptcy Rules of 1870 that you have only to pass a short statute to that Acts call them, charges), certainty of title will (18–189), whether in any case the costs of the effect, that from and after the commencement of be ultimately secured, and, if reasonable facilities debtor's

can cr ought properly to be this Act all lands and interests in lands shall be are given for searching the register, facility of charged against the debtor, where the debtor pays transferable in like manner as stock in the books transfer will be promoted. As to all other dispowithin the prescribed period, or where the proceedings of the governor and company of the Bank of sitions (i.e., all unregistered dispositions by legal do not culminate in an adjudication.

England, and the thing is done. All lawyers owners, and all dispositions by equitable owners), (Q. 88.) PROBATE DUTY WIEN EFFECTS DO NOT EXCEED

know that, at present, this is impossible, for the measure will not affect the present modes of these among other reasons :

alienation, but will simply add the cost of inves. Z. Y. £100.--The exemption has not been repealed.

“1. In the case of stock only one kind of in. tigating the registered title to the present. Of In the new edition of Prideaux, the mention of terest is recognised, namely, the absolute owner: the two parts of the Bill, therefore, the provisions probate duty being chargeable where the effects are 100 . The duty payable pre.

ship, whereas for centuries past all kinds of as to title seem to be clear and certain in their viously to 27 & 28 Vict. c. 56, was 108. on the value of interests in possession, reversion, remainder, and operation; but the provisions as to transfers effects above £20 and under £100. Probate or letters expectancy, to ay nothing of other partial in. appear to be incomplete in theory and uncertain of administration under £100 are now exempt: (sect. 5.) terests, such as mortgages and leases, have been in practice, and to require some years' experience

A. A. R.

freely created out of and are clothed with the before it can be ascertained whether they are (Q.89.) FEMALE MORTGAGEE.-I[ the freehold is to legal ownership; and in addition to these there is workable or not. In order to place before the pass the deed must be acknowledged.

Z. Y. the still greater mass of beneficial and equitable meeting certain definite points for discussion, I - A female mortgagee having married should ac- interests.

submit the following as tentative, and not dog. knowledge the reconveyance upon the mortgage money 2. The stockholder cannot encroach upon the matical propositions : being paid off. It is a disposition, release,

and extin. boundaries of any other stockholder, or be en- “1. That so much of the Bill as concerns the in her right in land: (sect. 77 of 3 & 4 Will. 4, c. 74.5 croached

upon by him; nor is he entitled to, nor registration of title is good, and should be sup. An estate extends to any interest, charge, lien, or in.

can he be made subject to any of the rights over ported by the Profession, as solving the difficulty cumbrance in, upon, or affecting lands either at law or other people's property, which lawyers call ease of ultimately clearing all titles placed on the re. in equity: (see definitions same Act; see also Mr. Wil- ments. In the case of land the determination of gister without the costs of a previous judicial in. liams's observations at page 410, in his treatise on Per- my boundaries and rights is in reality the deter- vestigation, and avoiding the other difficulties soual Property, 8th edit.

A. A. R.

mination of the boundaries and rights of every which have been found so inimical to the general - In this case (being a debt of the nature of an in: adjoining owner.

adoption of the Act of 1862. terest in land), it will be requisite for the female mort

"3. In the case of stock there is the starting "%. That the provisions as to transfer require, gagee to perfect the assurance by acknowledgment : Williams . Cooke, 4 Giff. 343 ; see also Rees v. Keith, point of

registered absolate

ownership, which is in order to the rapid and safe transaction of busiil Sim, 383.)

T. E. H.
the desideratum in landed property.

ness, an open register. “Now, unless we are prepared to register every "3. That the proposed machinery of caveats is The reconveyance must be acknowledged. (Read tenant in possession of land as the absolute owner susceptible of improvement. sect: 77 of the fines and Recoveries Act in connection thereof, which is seen to be absurd as soon as “4. That provisions as to mortgages, or, as they with sect. I, which defines "estate.")

H. G.

stated, this starting point can only be got in one are in future to be called, charges, appear to need of two ways :

very careful revision. Replication.

1. By investigating the title of the present 5. As before observed, the establishment of (Q. 56.) Right OF WAY WITH DOGS THROUGH CHURCH-owner, and if such title be found to be good, District Registries appears absolutely essential to TARD.-I do not see the inconsistency which "X" alleges placing him on the register, and certifying his the proper working of the scheme, and

I submit to be contained in my reply. Il, as “X” says, ownership.

that the basis of the index of registration should is a public footway through the churchyard, such “ 2. By putting any person on the register who be the parcels identified by a map, and not by the foot way,

would, in my opinion, prima facie extend to shows an apparently good title, leaving it to the names of the parties, as the best mode of ensuring permit foot passengers to take dogs with them, or to operation of the Statutes of Limitation to perfect facility and accuracy of search. On this point i

such title. foot passengers do ordinarily use a path. Il, however,

would direct attention to the very clear pamphlet there were no such highway, it would be absurd to

“The first of these modes has the merit of of Mr. George Whitcombe, of Gloucester, suppose that there could be any custom established securing a clear starting point, and was the foun. “6. The provisions in the Bill, as to solicitors, against the vicar which would compel him to admit dation of Lord Westbury's Act of 1862, and of are some of them satisfactory, and some very dogs into the churchyard, whether accompanied by Lord Cranworth's eclaration Title Act of the much the reverse. Section 164, enabling the Board their masters or not. The due and proper use of a churchyard as such, surely does not require that the

same session. It has been tried, and has failed in of Registry to make rules for our remuneration, perishioners dogs, much less those of the general of applications to place lands on the register have' ad valorem scale, is a step in the right direction.

the sense that only a comparatively small number based on the principle of a percentage sum of an .

summons.

summons

there

way.

The expression, 'or other agents, which occurs the law societies and others, with a requ4st for an there was a steady increase in the number of in Sections 12, 36, 46, 160, and 164, should be expression of their views upon the points therein members of the association, and he was glad to be either omitted altogether or defined to mean raised.

able to announce that several members of the agents of solicitors only. The confidence now Mr. C. E. Mathews seconded the motion, and Profession in Birmingham had forwarded addi. necessarily reposed in solicitors in transactions in it was carried.

tional donations to the society's funds. He had real property will be quite as necessary under the (We reserve a portion of the report of the pros liberality which characterised the operations of

been very much struck with the prudence and new procedure as it is now; and it is not too ceedings until next week, owing to pressure on much to require that no person should be per. our space.]

the board in the relief which it distributed. mitted to engage in these transactions as agent

Applications had been made from Birmingham, for any other person except he be thoroughly

and had been referred to him, as the local director competent, and be under the control which SOLICITORS' BENEVOLENT ASSOCIATION. there, for inquiry, and in every case there had solicitors now are.

The thirty-first half-yearly general meeting of been a careful desire on the part of the directors "Lastly. I contend that, even with the most the members of this association took place on

in London to know what the real merits of the perfect system that can be devised a priori, much Wednesday, the 22nd Oct., at the Masonic Rooms,

case were.. When the applicant was deserving, alteration will be found to bo necessary in its New-street, Birmingham, Mr. William Simmons and the assistance given was usefully applied, aid practical working, and that, until a satisfactory Allen, of Birmingham, in the chair.

had been repeatedly granted. He had pleasure in system has been established and verified by

The report of the directors, as follows, was calling attention to an item in the receiptsexperience, it is highly inexpedient to make regis- taken as read :

namely, a bequest of £3000 (legacy duty free) tration compulsory after two years, as it is pro- The directors, in compliance with the 16th rule of the under the will of the late Miss Hannah Brackenposed to do by sect. 18. I venture on this head association, present the thirty-first half-yearly report bury, of Brighton. He hoped that the admirable to repeat in substance what I stated in a paper read on this subject at the last meeting at Bristol been elected, making, with those elected during the

Since April last sixty-six additional members have example of Miss Brackenbury, in helping their

association would be borne in mind by the memthat the history both of attempted and actual previous hall-year, 146 new members gained during the bers of the Profession throughout the kingdom legislation on this matter is a warning against year; a rate of increase so far satisfactury that it is as one worthy of their own adoption. He had making provisions compulsory until they have in excess of that of the previous year.

great pleasure in moving that the report and been fairly tried and found to be workable. From

The association has now 2282 members enrolled, of statement of accounts now presented be received, the year 1830 to the year 1853 the proper remedy

whom 791 are life and 1491 annual subscribers. Twenty. adopted, and printed for circulation in the usual

two of the life members are also annual subscribers. for the admitted evils of real property law was

In consequence of the absence of the auditors from supposed to be a registry of deeds. It was re. London in the Autumn of the year, it has frequently Mr. R. A. Payne (of Liverpool) seconded the commended by the Real Property Commissioners been a matter of difficulty to present an audited balance- resolution, which wag unanimously agreed to, and in 1830, and embodied in numerous Bills intro. sheet of the accounts made up to the month preceding he took occasion at the same time to hand in a duced from that time until the year 1850, and in that in which the autumnal meeting is held. the latter year the Registration and Conveyancing account completed to the 31st Aug. and, with

the had succeeded in obtaining prior to his leaving Commission formally reported that this salutary sanction of the meeting, they propose, in future, to home.

directors have, on this occasion,
had the half-yearly long list of new subscribers at Liverpool which

he improvement was continually frustrated by the close the half yearly balance-sheets with the close of On the motion of Mr. C. Pidcock (of Worcester), persistent opposition of attorneys and solicitors. the month of February and August.

seconded by Mr. W. H. Guest (of Manchester), % In the year 1853 another attempt was made to

From the balance sheet for the five months ending vote of thanks was passed to the directors and establish a register of deeds, and the select com.

31st Aug which the directors now. present, it will be auditors for their services during the year, mittee to whom the Bill was referred investigated to £4716 28. 93., which,

with those of the previous ballseen that the receipts during that time have amounted

On the motion of Mr. G. J. Johnson (of Birthe whole question, and reported that we had all year wake a total of £6382 49. 4d, received during the mingham), seconded by Mr. J. Rider (of Leeds), along been right and the public and the theorists eleven months.

the directors and auditors were re-appointed for were wrong, and that registration of deeds would The directors have much pleasure in reporting a the ensuing year. do more harm than good. From that time regis.munificent legacy (duty free) of £3000 ander the will of

Mr. E. W. Williamson (of London), secretary of tration of deeds (which for a quarter of a century

the late Miss Hannah "Brackenbury, of Brighton ; and
a legacy of £10 4s. 8d. under the will of the late Miss

the Incorporated Law Society, was added to the had been the favourite panacea for all the evils of Margaret Collin, of Bishopwearmouth; a further dona

list of directors, in the room of Mr. Thomas real property law) was discarded in favour of a tion of £100 from Mr. John Clayton, of Newcastle Kennedy, of London, deceased ; Mr. John Henry scheme of registration of title. This latter scheme upon Tyne, the present chairman of the board ; and a Kays, of New Inn, London, was appointed an was embodied in the legislation of 1862, which in further donation of £47, from the executors of the late additional auditor; and a vote of thanks having its turn has failed in its original shape, and it is

Mrs. Frances Sarah Clowes, of London.
During the five months included in the account the

been passed to the chairman for presiding, the about to be improved by Lord Selborne's Bill.

directors have expended in grants to the necessitous meeting, which was fairly attended, terminated. The provisions in the measure now before us are families of eight deceased members of the association new and untried, and, great as is their apparent the sum of £255, and during the same period £210 to

ARTICLED CLERKS' SOCIETY. superiority to the provisions of 1862, we can never

the necessitous families of twenty-five deceased nonbe sure that any measure is good until it has been members. These amounts, with those of the previous The annual meeting of this

society was held at 1, decided by experience; and, having regard to the

half-year, give a total of 4655 paid within the eleven Milford-lane, Strand, on Wednesday last. Mr.

months to the necessitous families of nineteen deceased Hanhart in the chair. fact that all dealings with real property (unlike members, and of £405 to the necessitous families of making fresh rules of practice in the courts) are forty-six deceased non-members, making in the whole

The committee and officers presented the annual permanent in their character, I maintain it is £1060 expended in general relief 'during the past eleven reports, which were very satisfactory in every most anadvisable to make this measure compul. months.

respect. sory, unless and until it has been fairly tried, and

The anniversary festival of the association took place New officers and committee were elected, and that, therefore, sect. 18 ought to be struck out of corporated Law Society, in their new lecture hall, and favourable auspices.

in June last, by permission of the council of the In- the society commenced its new session under very the Bill."

was presided over by the Hon. Mr. Justice Denman. Mr. J:Murray (London) read a paper on “Re- His Lordship was supported by his brother, Lord Den. gistration of Assurances.

man, his son, G. L. Denman, Esq., and by many mem. BRISTOL ARTICLED CLERKS' DEBATING The President said the admirable paper of Mr. bers of both branches of the Profession. The festival

SOCIETY.
Johnson was so exhaustive that very little more

was well attended, and a net addition of £620 to the
funds of the association was the result.

A MEETING of this society was held at the Law was to be said on the subject. It must strike Since the last report the directors bave invested a Library, Small-street, on Monday evening, the everyone that the Bill was a most important one ; further sum of £3800 in the purchase of Indian Four 20th inst., J. Inskip, Esq., solicitor, in the chair. and should it pass in its present state it would per Cents, the total funded capital of the associa: Mr. Baylis opened in the affirmative on the subseriously affect not only the interests of the Pro- tion being now £28,032 88. 30. stock-consisting of

ject, "Was the case of Coddington v. Paleologo fession, but their clients at large. Most of the

£6-83 3s. 3d. Three per Cent. Consols ; £7803 178. 8d.
Indian Five per Cents; £9425 173. 4d. Indian Four

(15 L. T. Rep. N. S. 581; 15 W. R. 961), rightly

per legal reforms had increased the expense of con- Cents; £3907 London and North Western Railway Four decided ?” Mr. A. C. Castle opposed, and the veyancing instead of diminishing them; and the per Cent. Perpetual Debenture Stock; £250 London question was ultimately carried on the side of Mr. question was whether they would be increased and St. Katharine Docks Four per Cent. Debenture Baylis by a small majority. should this measure pass. He did not doubt that Stock; and £62 10s. Three per Cent Reduced Annuities, they would. It appeared to him that should the producing together annual dividends amounting to

£1117. Bill pass in its present shape real property would A balance of £251 98. 5d. remains to the credit of the

LEGAL OBITUARY. be transferred in the same way as railway stock Association with the Union Bank of London, and a sum and other personal property. Whether that would of £15 is in the secretary's hands.

NOTE.-This department of the LAW TIMES, is contributed be beneficial to the community or not was another The decease of their respected colleagues, Mr. James by EDWARD WALFORD, M.A., and late scholar of Balliol question.

Sharp, of Southampton, recorded in their last report, College, Oxford, and Fellow of the Genealogical and After some discussion, in which Mr. Burton,

and Mr. Charles Edward Ward, of Bristol, which has Historical Society of Great Britain ; and, as it is desired (London) Mr. Miller (Bristol), and Mr. Southall | Carter, of Londen, having created three vacancies at since taken place, with the retirement of Mr. William

to make it as perfect a record as possible, the families and friends of deceased members of the Profession

will oblige (Worcester), took part.

by forwarding to the LAW TIMES Office any dates and the board, Mr. William Eastlake, of Plymouth, Mr.

materials required for a biographical notice. Mr. Shaen (London) proposed : “ This meeting, Leiws Fry, of Bristol, and Mr. Harry Smith Styan, of whilst approving generally of the principle on London, have been elected to fill them. The directors

J. TRAILL, ESQ.
which Lord
Selborne's Bill is founded as to the re- deeply

hegret to have also to recorā, the recent
death of The late James Traill, Esq., of Hobbister

, in the gistration of titles, is of opinion that until the pro. visions as to transfer are tested by experience it ciation, and whose place they have not yet filled up. member of the board since the foundation of the Asso | Isle of Orkney, and of Rattar, Caithness-shire,

formerly police magistrate in London, Greenwich, is highly inexpedient to make registration com. The directors and auditors will complete, at this and Woolwich, who died on the 17th ult., at pulsory. ensuing general meeting, the term of office for which

Worthing, Sussex, in the seventy-ninth year of Mr. Dees (Newcastle-upon-Tyne) seconded the they were elected; but are eligible and willing to conmotion. tipue their services if re-appointed.

his age, was the second but eldest surviving son of Mr. Torre (London) thought the society should of the power pow given by the 17th Rule, and the name It is proposed to elect a third auditor, in pursuance Sheriff of the county

of Caithness; his mother was

the late James Traill, Esq., of Rattar, some time not commit itself to any opinion on the subject of Mr. John Henry Kays, solicitor, New Inn, London, Lady Janet, second daughter of William, tenth until it felt itself fully qualified to do so. Mr. a life member of the association is, with his concurs Earl of Caithness, and he was born in the year Johnson's paper ad thrown all the light possible rence, submitted for your approval. on the subject, which he thought should be

The directors have had great pleasure in appointing College, Oxford, and was called to the Bar by the

1794. He was educated at Glasgow and at Balliol brought under the notice of the Lord Chancellor ham where the Association met last in 1862, and they Honourable Society of the Middle Temple in and Lord Cairns; and he suggested, with Mr. sincerely hope that one result of this renewal of the Michaelmas Term 1820. Johnson's permission, that a copy of his paper society's visit will be a large increase in the number of years discharged the duties of magistrate at should be sent to each of their Lordships.

its supporters in that important town. Mr. Sutherland proposed an amendment, that

(Signed, on behalf of the board,)

Greenwich, and also previously at the then the principle of registration of titles merely should

JOHN CLAYTON, Chairman.

Union Hall Police-court in London. The deceased's.

position as a magistrate extended from the year be approved; which was seconded by Mr. Winter- The Chairman, in moving the adoption of the 1838 down to Jan. 1868, when he retired. "Mr. botham, but negatived; the original motion being report, observed that, although Birmingham had Traill married, in 1824, Caroline, youngest carı ied.

not contributed so much to the
association as it danghter of the late William

Whateley, Esq., of Mr. A. Ryland (Birmingham) proposed that Mr. might have done, looking at the strength of their Handsworth, Staffordshire, and by her, who died Johnson's paper be printed, and circulated among 'body in that town, it was satisfactory to see that ' in 1858, he has left issue.

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