« EelmineJätka »
CRIMINAL LAW AND THE JURIS
DICTION OF MAGISTRATES.
plaintiffs. Held 'urther, that the master of the barque was negligent in not checking the course of the tug, as a vessel in tow is not justified in trusting the course entirely to her tug when entering a difficult port in foggy weather, and that he might by the exercise ordinary care have avoided the consequence of the negligence of the tug and ought to have done so, and therefore the defendants, being guilty of contributory negligence, were not entitled to recover on their counter-claim.
[The Altair. P. D. and A. Div.: Barnes, J. March 5, 6, and 13.Counsel: for the plaintiff, the owners, master, and crew of the tug, Aspinall, Q.C. and Crawford; for the plaintiffs, the owners, master, and crew of other tugs, Sir Walter Phillimore and Butler Aspinall; for the defendants, Joseph Walton, Q.C. and Dr. Stubbs. Solicitors : Pritchard, Englefield, and Co., agents for Miller and Williamson, Liverpool ; Pritchard and Sons, agents for A. M. Jackson, Hull; Stokes and Stokes.]
QUARTER SESSIONS. Bath, Friday, April 2
Hanley, Friday, April 9 Bedford, Tuesday, April 6
King's Lynn, Thursday, April 15 Berwick-upon-Tweed, Friday, April 2 Kingston-upon-Hall, Thursday, April 1 Birmingham, Thursday, April 8
Leeds, Wednesday, April 21 Blackburn, Friday, April 9
Leicester, Wednesday, April 7 Brighton, Monday, April 12
Liverpool, Thursday, April 8 Bristol, Friday, April 9, at 10.30
Manchester, Wednesday, April 7 Cambridge, Monday, April 5, at 10 Newcastle-upon-Tyne, Friday, April 9 Carlisle, Wednesday, April 7
Norwich, Wednesday, April 14 Chester, Friday, April 2
Oswestry, Friday, April 9 Chichester, Tuesday, April 13
Plymouth, Thursday, April 8 Colchester, Thursday, April 15, at 11 Portsmouth, Friday, April 9 Oroydon, Thursday, April 8
Rochester, Monday, April 26 Derby, Thursday, April 8, at 10.30 Salisbury, Monday, March 29 Devizes, Monday, April 5
Sheffield, Thursday, April 8 Devonport, Friday, April 9
Shrewsbury, Monday, April 5 Doncaster, Tuesday, March 30
Swansea, Wednesday, March 31, at 10 Exeter, Monday, April 5
Thetford, Tuesday, April 6 Faversham, Monday, April 5
Wenlock, Thursday, April 8. Grimsby, Tuesday, April 13
Select Cases in Chancery (A.D. 1364-1471), Vol. 10. Selden
Society. London : Bernard Quaritch. It may safely be said that more than usual interest attaches to this publication of the Selden Society, edited by Mr. William Paley Baildon. It is hard to say whether it appeals more to the lawyer than it does to the historian, antiquarian, or romancer. On the one hand, the legal and historical mind is satisfied with such engrossing subjects as the origin of the Chancellor's jurisdiction, the separation of the jurisdiction Concilium Regis from the jurisdiction of Chancery, the first appearance of counsel " pledyng” (in those times at any rate) “for penyes and poundes the lawe,” and kindred subjects of interest and importance. But to the antiquarian this volume must have a whole treasury for reflection: che bill, for instance, relates to the extinct science of alchemy; and, Mr. Baildon observes, the offer mentioned in it on the part of one Thomas de Yorke to perform experiments before the court is probably the earliest instance known of scientific evidence. A dry light is also thrown on the social condition of the country. In the spirit of Sthenelus, Mr. Baildon observes : “The extent to which force of arms was carried in private affairs is truly astounding. Every man seems to have appealed to his friends and neighbours to help him ri et armis on the smallest provocation, and to have set at defiance the laws of the realm, if not with impunity, at any rate regardless of consequences." Cases of forcible entry are very numerous.
On one occasion the familiar name of Jack Cade occurs, as having extorted a confession that a certain individual had robbed another of his lands. This case, however, is not found in detail in this volume, but is found in an old calendar published at the beginning of this century. Highly interesting light is thrown on procedure. The bill before Henry V's reign was almost invariably in French ; English bills then became the rule, and the French ones soon died out. It is, indeed, astonishing to read that there is wonderfully little variation in the earliest known petitions or bills down to their abolition by the Judicature Act of 1873. But, indeed, it is impossible within the limits of a review to call attention to the multitude of interesting facts that even a casual reader might glean from this volume.
SITTINGS OF THE COURTS.
FOR THE WEEK ENDING SATURDAY, ARCH 27. Altrincham,* Wednesday, at 10
Leigh,* Friday Ashby-de-la-Zouch,* Thursday, at 11 Lincoln, Monday (Reg., Bky), at 10 Banbury, Wednesday (Reg., Bky) and Liverpool, Monday, Tuesday, Wednesday, Friday, at 10
and Thursday, at 10; Friday (Bky and Bangor, Monday
Adm.), at 11 Barnsley, Tuesday and Thursday Llanrwst, Friday Barnstaple, Tuesday, at 10
Loughborough,* Friday, at 9.30 Bideford, Wednesday, at 11
Manchester, Monday, Tuesday, Thursday, Birkenhead,* Tuesday, at 10
and Friday, at 10 Birmingham, Monday, Tuesday, Wednes- Market Harborough,* Monday, at 1
day, Thursday, and Friday (J.S.), at 10 Middlesbrough, Monday, at 10 Bishop's Stortford, Tuesday, at 10 Morpeth, Monday, at 10 Blackburn, Monday, at 10
Newmarket, Thursday, at 10 Boston, Thursday (Reg., Bky), at 10 Newport (Mon.), Tuesday (Reg., Bky), Bow, Monday and Friday
at 10 Bradford (Yorks),* Tuesday, and Friday Northampton, Wednesday, at 10 (J.S.), at 10
Saturday, at 9 Brentford, Friday, at 10
Ormskirk, Tuesday, at 10 Brighton,* Thursday (J.S.), at 11.30; Fri- Otley,* Wednesday, at 9.45 day, at 10
Oxford, Thursday (Reg., Bky), at 11.30 Bristol, Monday, Tuesday, Wednesday, Pontefract.* Wednesday and Friday
and Thursday, at 10: Friday (Bky), at il Portsmouth, Thursday (Com. Sum.), at 12 Brompton, Monday, Tuesday, Thursday, Presteign, Thursday and Friday
Preston, Tuesday, at 10 Buckingham, Monday, at 12
Rhayader, Monday Bury, Monday, at 9
Rochdale, Friday (Reg., Bky), at 11.30 Caistor, Friday, at 10
Rochester, Wednesday, at 9.30 Cambridge, Wednesday, at 10
Romford, Monday, at 11 Carnarvon, Wednesday
Rye, Tuesday Clerkenwell, Monday, Tuesday, Wednes- St. Albans, Monday day, Thursday, and Friday
St. Helens, Wednesday Colchester, Wednesday, at 11
Salford, Wednesday, at 10 Conway, Thursday
Sheerness, Tuesday, at 10 Oranbrook, Monday, at 10.30
Sheffield, Wednesday, Thursday, and FriCroydon, Tuesday
day, at 10 Dorking, Wednesday
Shoreditch, Tuesday and Thursday Durham, Tuesday (Reg., Bky)
Sleaford, Saturday, at 10 Eye, Wednesday
Southwark, Monday, Tuesday, and ThurgFramlingham, Tuesday
day, at 10.30 Gainsborough, Wednesday, at 10
Stockton-on-Tees, * Tuesday and Friday, Gloucester, Tuesday
at 9.30 Greenwich, Friday, at 10.30
Sunderland, Thursday (Reg., Bky) Halifax, Tuesday, and Wednesday (J.S), Swansea, Monday, Tuesday, Wednesday, at 10
Thursday, and Friday Harwich, Thursday, at 12
Tewkesbury, Monday Hastings, Monday
Torrington, Monday, at 11 Hay, Wednesday
Wakefield, Tuesday, at 10 Holbeach, Tuesday, at 10
Wandsworth, Monday and Wednesday Holyhead, Tuesday
Westminster, Tuesday, Wednesday, ThursHuddersfield, Thursday and Friday, at 10 day, and Friday Kington, Friday
Whitechapel, Tuesday, Wednesday, ThursKnighton, Tuesday
day, and Friday Leeds, Monday, Wednesday, Thursday, Wigan," Tuesday, at 9.30 and Friday, at 10
Woodbridge, Monday, at 11.80 Leicester,* Tuesday and Wednesday, at 10 Woolwich, Wednesday, at 10.30,
• Other sittings are specially fixed if necessary.
BOOKS RECEIVED. Pulling's Order of the Coif. William Clowes and Son Limited, 27, Fleet-street. Price 10s.
Dicey's Law of the Constitution. Fifth Edition. Macmillan and Co. Limited, London; The Macmillan Company, New York. Price 12s. 6d.
Wright's Husband and Wife. Saxon and Co., 23, Bouverie-street, E.C. Price 1s.
PROMOTIONS AND APPOINTMENTS. Information intended for publication under the above heading should reach us not later
than Thursday morning in each week, as publication is otherwise delayed.
POOR LAW-GUARDIANS-LIMITATION OF TIME
FOR PAYMENT OF DEBT--DATE FROM WHICH
SUCH LIMITED TIME RUNS.
Bethune (counsel) for plaintiffs.
His HONOUR.-This was an action to recover £11 78. 6d. ander the following circumstances : The guardians of the Edmonton Union having incurred the expense of £2. 178. 10d. in the examination of a papper lunatic, adjudged to have acquired an irremovability in the Woolwich Union, and £8 Is. 6d. for the maintenance of such papper in the Middlesex Asylum, the Middlesex Justices made an order on the 5th March 1896 ordering the guardians, of the Woolwich Union forthwith to pay to the guardians of the Edmonton Union these two sums, making together £11 78. 6d. The defendants gave notice of the statu
Mr. THOMAS RAWLE has been appointed Solicitor to the Honourable Society of Lincoln's-inn, in succession to Mr. Douglas Garth retired. Mr. Rawle was admitted in 1864, and is a member of the well-known firm of Messrs. Rowcliffes.
Mr. DUDLEY F. HART, of the firm of Messrs. Lawson, Coppock, and Hart, solicitors, Manchester, has been appointed a Commissioner for Oaths.
table defence under sect. 1 of the Poor Law (Payment of Debts) Act 1859 (22 & 23 Vict. c. 49), which is as follows : “With respect to any debt, claim, or demand which may after the passing of this Act be lawfully incurred by or become due from the guardians of any union “such debt, claim, or demand shall be paid within the half-year in which the same shall have been incurred or become due, or within three months after the expiration of such half-year, but not afterwards, the commencement of such half-year to be reckoned from the time when the last halfyear's account shall or ought to have been closed according to the order of the Poor Law Commissioners or Poor Law Board.” In the present case it was agreed that the first of the half-year's account expired on the 28th March 1896, and that the next one commenced on the 3rd Oct. 1896 (being the first Saturday after the 29th Sept, in that year). The justices' order was received by the Woolwich Union guardians on the 10th March 1896, and if the time limited by such sect. 1 of the Poor Law Act of 1859 ran from that date, it had expired before the present action was brought. The question before me was whether this was altered by sect. 314 of the Lunacy Act 1890 (53 Vict. c. 5), which enacts as follows : "(1.) If the treasurer of any local authority upon whom any order of the jastices for the payment of money under the provisions of this Act is made, refuses or neglects for twenty days after due notice of such order to pay the money, the money, together with the expenses of recovering the same, shall be recovered by distress and sale” " or by an action at law or by any other proceeding in a court of competent jurisdiction against the treasurer. (2.) If the guardians upon whom any such order is made refuse or neglect for such time as aforesaid to pay the money, the same, together with the expenses of recovering the same, may be recovered by an action at law, or by any other proceed. ing in any such court." By sect. 294 of that statute "all incidental expenses and expenses of maintenance of a lunatic removed to an institu. tion for lunatics, who would at the time of his removal have been exempt from removal to the parish of his settlement,” &c.
6 shall be paid by the guardians of the union wherein the lunatic has acquired such exemption,” &c. Mr. Bethune, who appeared before me as counsel for the plaintiffs, contended that there was no “ debt, claim, or demand” within the meaning of sect. 1 of the Poor Law (Payment of Debts) Act 1859 until the creditor was in a position to sue for it and obtain judgment. In support of this he cited The Guardians of West Ham Union v. Churchwardens of St. Matthew, Bethnal Green (75 L. T. Rep. 286; (1896) A. C. 477), where it was held by the House of Lords that an order of this House for payment of costs of an appeal did not constitute a " debt,” &c. within the meaning of such section of the Act of 1859, until the amount had been certified by the Clerk of the Parliaments. In the present case, it was said by reason of sect. 314 of the Lunacy Act 1890, the plaintiffs could not have sued for the amount of the justices' order until the 20th March 1896 when the twenty days after the defendants (the Woolwich guardians) had had notice of such order expired, and therefore, if no debt was incurred or due until it could be sued for, the time for payment continued during the halfyear commencing the 3rd Oct. 1896, and had not expired when this action was brought. Mr. Sinclair Cox, counsel for the defendants, argued that sect. 4 of the Poor Law Act 1859 extending the time provided by sect. 1 of that Act for the commencement of proceedings as there mentioned showed that the words in sect. 1, " debt, claim, or demand lawfully incurred or become due," do not extend to "lawfully payable.” The money which was ordered by the justices' order to be paid became due within the meaning of sect. 1 as soon as it was made, and might then have been paid by the defendants, although by reason of sect. 314
of the Lunacy Act 1890 it could not have been recovered by action until a refusal to pay after twenty days' notice. It must have been due when the order was made, or the justices could not have ordered it to be then paid. Next he contended that the order for payment of expenses mentioned in sect. 294 of the Lunacy Act 1890 was not the order for payment of money referred to by sect. 314 of that Act. He further contended that sect. 294 only indicated a liability to pay expenses of maintenance, and contained no machinery for enforcing it, and that sects. 287 and 289 referred to cases where the settlement had to be adjudicated, so that it could not be under either sect. 289 or sect. 294 alone that the order was made to which sect. 314 could refer. Next he argued that the crder was bad unless made under sect. 287, and if it was to be considered as made under that section it was not properly made (1) because it directed payment of other expenses than those of maintenance ; (2) because it ordered payment to the guardians and not to the treasurer as required by sect. 287. I was of opinion that the order was properly made under sect. 294, and was an order for payment within sect. 314 (2) of the Lunacy Act 1890; but upon the main question whether the time limited by sect. i of the Poor Law (Payment of Debts) Act 1859 had expired before this action was brought I took time to consider. That question must depend on the question when is a debt, claim, or demand incurred or due within the meaning of that sect. 1 of the Poor Law (Payment of Debts) Act 1859. In The Guardians of West Ham Union v. The Churchwardens of St. Matthew, Bethnal Green (72 L. T. Rep. 347; (1895) 1 Q, B. 662; s.c. (1896) A. C. 477), where the House of Lords had directed the churchwardens of St. Matthew to pay the guardians of West Ham the costs of an appeal, it was held by the Divisional Court and by the Court of Appeal that there was a debt in respect of such costs within the meaning of this sect. 1 of the Act of 1859, when the judgment of the House of Lords was given directing the costs to be paid ; but this was reversed by the House of Lords, which held that there was no such debt within the meaning of that enactment until the amount had been certified by the Clerk of the Parliaments. Lord Herschell in the course of his judgment in that case (1896) A. C. 485) said ; “I am not satisfied that before the amount was so certified any debt or liability existed in respect of the costs which would have been enforced by legal process, or that any legal proceedings taken to enforce it would not have been premature.” His Lordship there certainly seemed to be
of opinion that, in order to be a debt incurred or due within the meaning of sect. 1 of the Poor Law Act 1859, there must be a debt capable of being then legally enforced; and that such was evidently his Lordship's opinion is further borne out by this, that in that case his Lordship referred to what he had said when The Midland Railway Company V. Edmonton Union (72 L. T. Rep. 811; (1895) A. C. 485) was before the House of Lords, and stated that he adhered to what he had there observed on that enactment not being in the nature of a Statute of Limitation. In that case of The Midland Railway Company v. Edmonton Union (1895) A. C. 491) Lord Herschell said: “It is to be observed that the enactment in question is not in the nature of a Statute of Limitation. It is a fetter on the action of the guardians ---a prohibition against payment after a certain date--I cannot but doubt whether it was intended to prohibit them from paying after the lapse of three months from the termination of any half-year a debt which they were not at any time during that period liable to pay. It strikes me that the prohibition must refer to something which they might have paid, and did not, and that it can scarcely have been contemplated that they were either to pay a debt before it became payable or to be unable to pay it at all.” This reasoning of Lord Herschell strongly, I think, supports the contention that to be a debt due or incurred within the meaning of this sect. 1, it must be one capable of being enforced, and that until an action would lie to enforce it, there could be no prohibition to paying it. Whatever doubt I might have had as to this has been, I think, removed by the observations of Lord Esher and Lord Justice Rigby in the recent case of The Manchester, Sheffield, and Lincolnshire Railway Company v. Guardians of Doncaster Union, 75 L. T. Rep. 472; (1897), 1 Q. B. 121 and 122). Their Lordships, referring to the decision of the House of Lords in The Guardians of West Ham Union v. Churchwardens of St. Matthew, Bethnal Green, considered that that case showed that the time limited by the enactment (sect. 1 of the Poor Law Act 1859) ran only from the time when the guardians were bound to pay. Lord Esher, M.R. said: “The period from which the time limited is to run is not that at which judgment was given, but that at which they are bound to pay; that is, the time when the costs are ascertained by taxation"; and Lord Justice Rigby said the question was not " whether an order for costs has been made, but whether the circumstances are such that the guardians are under an obligation to pay." For these reasons I am of opinion that, as by sect. 314 of the Lunacy Act 1890, the guardians on whom the order for payment was made in the present case could not have been sued for nonpayment until they had refused to pay it after twenty days' notice of such order, the time limited by the enactment of 1859 did not run from the date of such order, but from the time when they could have been so sued for such nonpayment. As that time had not expired when this action was brought, the statutable defence relied on by the defendants fails, and judgment must be given for the plaintiffs. On this point--as to the limitation about which I took time to consider-but on this only, I give leave to appeal.
Judgment for the plaintiffs, with costs.
SOLICITORS AND THE DIAMOND JUBILEE. The Incorporated Law Society have issued the following circular :-
Incorporated Law Society, Chancery-lane : “ Dear Sir,
15th March 1897. CELEBRATION OF THE SIXTIETH YEAR OF HER MAJESTY'S REIGN. “The council have carefully considered suggestions made to them with reference to the mode in which it would be desirable for the Profession to take part in celebrating the completion of the sixtieth year of the Queen's reign; being assured that the solicitors of England desire, equally with all other subjects of Her Majesty, to record their deep appreciation of the memorable event and their loyalty and gratitude to her.
“Although Her Majesty does not desire to make any suggestion on the subject, it is known that charitable and benevolent objects will be the most pleasing to her; and after full consideration, the council propose to create a fund to be called the “ Victoria Pension Fund," the income of which should be applied in providing pensions for life, or for a less period, available to necessitous members of the Profession and their families, with. out any qualification or restriction ; and they have accordingly appointed a committee to collect subscriptions.
“ The council will hereafter determine in what manner the fund shall be administered. with the view of securing the greatest efficiency at the least expense.
“An account has been opened at Messrs. Barclay and Co. Limited (Goslings' Branch), Fleet-street, London, E.C., in the name of “The Incorporated Law Society, The Victoria Pension Fund," and subscriptions may be paid to any member of the committee, or forwarded to the secretary, Law Society's Hall, Chancery-lane or direct to the bankers.
The council hope that on this memorable and unique occasion every solicitor will assist by a donation, however small, so that the response may be one worthy of the society and the Profession, and in some measure adequate to the needs for which it is intended to provide.
“I am, yours faithfully,
“ JOSEPH ADDISON, President. “ COMMITTEE.—Mr. Josh. Addison (president), 2 Bond-court, Walbrook ; Mr. Wm. Godden (vice-president), 34, Old Jewry; Messrs. C. M. Barker 15, Bedford-row ; J. S. Beale, 28, Gt. George-street, S.W.; E. J. Bristow, 1, Copthall-buildings, E.C. R. Ellett (Cirencester); W. F. Fladgate, 2, Craig's-court, Charing Cross; A. Godlee (Birmingbam); J. Hollams, 31, Mincing-lane ; J. Hunter, 9, New-square ; G. Keen, 24, Knightrider-street: B. G. Lake, 10, New-square, Lincoln's-inn ; J. Lawrence (Liverpool); H. Manisty, 1, Howard-street, Strand ; T. Marshall (Leeds) ; P. E. Mather (Newcastle-on-Tyne); E. C. Peele (Shrewsbury); R. Pennington, 64, Lincoln’s-inn-fields; T. Rawle, 1, Bedfordrow; R. L. G. Vassall (Bristol); W. M. Walters, 9, New-square ; Wm. Williams, 32, Lincoln's-inn-fields ; W. H. Winterbotham, 1, New-court, Lincoln’s-inn; A. Wightman (Sheffield); G. Winch (Chatham).”
The following is the subscription list to the 18th March :J. Addison, 2, Bond.court, Walbrook
£105 0 0 Harry Woodward (Ravenscroft, Hills, and Woodward), 15, John-street, Bedford-row
21 0 E. H. Flux, 144, Leadenhall-street,
5 0 J. Bartlett, 26 and 27, Bush-lane
2 2 J. Armstrong, 12, Fenchurch-avenue
5 0 Bentwich, Watkins, Williams, and Co., Corporation-chambers, Guildhall-yard...
2 2 0 Michael Abrahams and Co., 8, Old Jewry
2 2 0 Wm. Harwood, 31, Lombard-street ...
10 10 0 Henry Goodwyn Stephenson, 31, Lombard-street
5 5 0 Geo. Bird, Moore, and Stroude, 5, Gray's-inn-square
1 0 C. M. M. Rawlins, 66, Gresham-house, E.C.
10 10 0 L. H. Hicks, 5, Gray's-inn-square
10 10 0 E. Bromley, 43, Bedford-row, W.C....
2 2 0 R. Pennington, 64, Lincoln's-inn-fields
105 0 0 William Godden, 34, Old Jewry, E.C.
52 10 0 Grinham Keen, 24, Knightrider-street
25 0 John Hunter, 9, New-square, W.C. ...
100 0 0 W. H. Gray, Ormonde House, Great Trinity-lane .
25 0 0 J. S. Lickorlish (Lickorlish and Co.), 11, Queen Victoriastreet
0 Thomas Rawle, 1, Bedford-row....
wbich ever met within the walls of the King's Inns. The decorations, while lavish, were tasteful. Flowering plants and exotics and giant palms were utilised with artistic effect in the dining-hall, the drawing-room, and the corridors. The dinner, to which some sixty guests were invited to meet the Lord Lieutenant and the Lord Chancellor of Great Britain, was held in the drawing-room.
The following had the honour of receiving invitations to dinner : Lady Halsbury, and the Hon. E. Gifford, Earl and Countess of Huntingdon, Earl of Clarendon and Lady Edith Villiers, Countess of Powis, Viscount and Viscountess Chelsea, Lord and Lady Largan, the Right Hon. Lord Justice FitzGibbon, Lady Rose Molyneux, the Right Hon. Lord Justice Walker and Mrs. Walker, the Right Hon. Ion Trant and Lady Victoria Hamilton and Miss Hamilton, Lady Mowbray and Stourton, Provost of Trinity College, Dublin, and Miss Salmon, Countess of Fingall, the Right Hon. the Master of the Rolls and Mrs. Porter, Hon. G. Portman, Countess of Granard, Lord Farnham, Hon. H. Plunkett, M.P., the Right Hon. Mr. Justice Holmes and Mrs. Holmes, Hon. W. and Lady Victoria Plunkett, Mrs. Atkinson, the Right Hon. the MacDermot, Q.C., and Madam MacDermot, the Right Hon. C. H. Hemphill, Q.C., M.P., the Hon. Mr. Justice Bewley and Mrs. Bewley, Sir W. Findlater and Lady Findlater, the Hon. Mr. Justice Ross and Mrs. Ross, Hon. H. Trefusis, Serjeant Campion, Q.C., Serjeant Jellett, Q.C., he Hon. Judge Miller, the Hon Judge Boyd, the Hon. M. O'Brien, Major Trench, R.A. Mr. Hurley, Mr. Gosling, Hon. Violet Gibson, Hon. Victor Gibson, and the A.D.C.-in-Waiting.
At the conclusion of the repast Lord and Lady Ashbourne held a reception (to wbich over five hundred guests were invited) in the dining-hall, which is one of the finest apartments of its kind in Ireland. The floor was laid in crimson cloth, and on the dais, amid a profusion of evergreens and sweet-smelling blooms, were a number of luxariously upholstered seats. The music of the band of the Rifle Brigade, stationed in the corner of the hall, added much to the enjoyment of the guests. Much interest on the part of Lord Halsbury and other strangers was centered in the magnificent oil paintings of several departed Lord Chancellors and other distinguished legal luminaries which grace the walls of the hall.
TRADE MARKS ACT 1883–JURISDICTION OF IRISH
COURTS. On Wednesday the 10th March, says the Freeman's Journal, the Master of the Rolls gave judgment in the case of Charles Beyer, trading as Charles Beyer and Co. v. Connell, Brothers, and Company, on a question of jurisdiction which was raised on a former day. The plaintiffs, who claim to be the largest manufacturers of corsets in the world, and whose principal place of business is in London, brought the action against the defendants, who are corset manufacturers in Dublin, for an alleged infringement of the plaintiffs' trade marks. The plaintiffs alleged that on the 29th Jan. 1881 they devised as a trade mark for their corsets the letters “ C. B.” within a star, and on the 20th June 1886 they registered the letters and word “ C. B. Corsets," as an old trade mark in connection with their corsets. The defendants have been selling corsets marked “C. B. & Co," and also with the letters “ C. B. D.” which, it was alleged, were an imitation of the plaintiffs' trade mark, and calculated to deceive the public into the belief that the corsets made by the defendants were the manufacture of the plaintiffs. The defendants denied that there had been any infringement of plaintiffs' trade mark, or that there was any intention to deceive the public. They also allege that plaintiffs' trade marks were not properly registered, and counter-claimed that the letters “ C. B.” should be expunged from the plaintiffs' trade marks, and that the register of trade marks should be rectified accordingly. On last Tuesday the defendants, by way of interlocutory motion, applied to have the prayer of the counterclaim put into effect; but a question of jurisdiction was raised, and it was submitted that the claim for rectification could not be pleaded by way of defence, and that the proper way was to have the letters “ C. B." expunged and the register rectification would be by motion. The plaintiffs raised the question that the High Court of Justice in Ireland had no jurisdiction to order the rectification of the register of trade marks, as an Act of Parliament, passed in 1883, conferred the jurisdiction solely on the High Court of Justice in England. The Master of the Rolls held that the Act of 1883 did not confer the jurisdiction on the Irish or Scotch courts, and therefore he would make no rule on the application. He regretted having to come to this decision, as both parties would be pat to the inconvenience of bringing proceedings in England. He would make the plaintiffs' costs costs in the cause, and he would reserve the question of the defendants' costs.
LAND TRANSFER. A Bill intituled An Act to establish a Real Representative, and to amend
the Land Transfer Act 1875.—[The Lord Chancellor.] WHEREAS it is expedient to establish a real representative, and to amend the Land Transfer Act 1875, in this Act referred to as “the principal Act."
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by authority of the same, as follows :
PART I.--ESTABLISHMENT OF A REAL REPRESENTATIVE. 1.-(1.) Where real estate is vested in any person without right of survivorship to any other person, it shall, on his death, notwithstanding any testamentary disposition, devolve to and become vested in his personal representatives or representative from time to time as if it were a chattel real vesting in them or him.
(2.) This section shall apply to any real estate over which a person executes by will a general power of appointment, as if it were real estate vested in him.
(3.) Probate and letters of administration may be granted in respect of real estate only, although there is no personal estate.
(4.) Section thirty of the Conveyancing and Law of Property Act 1881, and section eighty-eight of the Copy hold Act 1894, are hereby repealed without prejudice to anything done or any right acquired thereunder.
(4.) This section applies only in cases of death after the commencement of this Act.
2.-(1.) Subject to the powers, rights, duties, and liabilities hereinafter mentioned, the personal representatives of a deceased person shall hold the real estate as trustees for the persons by law beneficially entitled thereto, and those persons shall have the same power of requiring a transfer of real estate as they have of requiring a transfer of personal estate.
(2.) All enactments and rules of law relating to the effect of probate or letters of administration as respects chattels real, and as respects the dealing with chattels real before probate or administration, and as respects the payment of costs of administration and other matters in relation to the administration of personal estata, and the powers, rights, duties, and liabilities of personal representatives in respect of personal estate, shall apply to real estate so far as the same are applicable, as if that real estate were a chattel real vesting in them or him, save that it shall not be lawful for some or one only of several joint personal representatives, without the authority of the court, to sell or transfer real estate.
(3.) In the administration of the assets of a person dying after the commencement of this Act, his real estate shall be administered in the same manner, subject to the same liabilities for debt, costs, and expenses, and with the same incidents, as if it were personal estate ; provided that nothing herein contained shall alter or affect the order in which real and personal assets respectively are now applicable in or towards the payment of funeral and testamentary expenses, debts, or legacies. (4.) Where a deceased person leaves real estate, the court shall, in
og letters of administration, have regard to the rights and interests of persons interested in his real estate, and his heir-at-law, if not one of the next of kin, shall be equally entitled to the grant with the next of kin, and provision shall be made by rules of court for adapting the pro
FESTIVITIES AT THE KING'S INNS. The entertainments given on Thursday evening, the 11th inst., by the Lord Chancellor of Ireland and Lady Ashbourne at Henrietta-street were unique in many respects, and formed an historic event in the annals of the King's Inns. It was the first occasion on which a Lord Chancellor of Great Britain and a Lord Chancellor of Ireland dined together in the Benchers'buildings in Dublin, and it was also the first occasion on which a reception of ladies and gentlemen was held in the grand dining-hall, which up to the present had been devoted exclusively to functions connected with the Legal Profession, such as Benchers' dinners and the annual festival of the Law Students' Debating Society.
The stately apartments never looked to better advantage than last Thursday night, when they were the scene of the most brilliant gatherings
cedure and practice in the grant of letters of administration to the case of real estate.
3.-(1.) At any time after the death of the owner of any land, his personal representatives may assent to any devise contained in his will, or may convey the land to any person entitled thereto as beir, devisee, or otherwise, and may make the assent or conveyance, either subject to a charge for the payment of any money which the personal representatives are liable to pay, or without any such charge ; and on such asgent or conveyance, subject to a charge for all moneys (if any) which the personal representatives are liable to pay, all liabilities of the personal representatives in respect of the land shall cease, except as to any acts done or contracts entered into by them before such assent or conveyance.
(2.) At any time after the expiration of one year from the death of the owner of any land, if his personal representatives have failed on the request of the person entitled to the land to convey the land to that person, the court may, if it thinks fit, on the application of that person, and after notice to the personal representatives, order that the conveyance be made, or, in the case of registered land, that the person so entitled be registered as proprietor of the land, either solely or jointly with the personal representatives.
(3.) Where the personal representatives of a deceased person are registered as proprietors of land on his death, a fee shall not be chargeable on any transfer of the land by them unless the transfer is for valuable consideration.
(4) The production of an assent in the prescribed form by the personal representatives of a deceased proprietor of registered land shall authorise the registrar to register the person named in the assent as proprietor of the land.
4.-(1.) Where any real estate passing to the personal representatives of a deceased person is of copyhold tenure requiring admittance(a.) The personal representatives shall not, as such, be compellable to
be admitted thereto except in the cases and at the time in which the heir of that person would, but for this Act, have been so
compellable : (b.) On the admittance of the personal representatives as such a greater
fine shall not be payable than would, but for this Act, have been
payable on the admittance of the heir : (c.) The personal representatives may at any time before they have
been admitted, by writing under their hands, require the lord of the manor to admit the persons beneficially entitled to the whole or any part of that real estate, and thereupon the lord shall admit those persons on payment of the fine payable on their admittance only, and no fine shall be payable in respect of the right to
admittance baving vested in the personal representatives : (d.) Where the personal representatives have been admitted as such, and
surrender to the persons beneficially entitled under the will or on the intestacy of the deceased person, no fine shall be payable on
the admittance of those persons on that surrender : (e.) The personal representatives of a deceased person shall have the
same right of dealing with the land before admittance, as, but for this Act, the customary heir of the deceased person would have
had. (2.) The foregoing provisions of this section shall apply only in cases of death after the commencement of this Act.
(3.) Where any land copyhold tenure has before the commencement of this Act devolved on the customary heir or the devisee of a deceased person in whom the same was vested on trust or by way of mortgage, and that heir or devisee has not been admitted before the commencement of this Act, the right and duty to be admitted shall vest in the legal personal representatives of that deceased person.
(4.) For the purposes of this Act customary freehold, in any case in which an admission or any act by the lord of the manor is necessary to perfect the title of a purchaser from the customary tenant, shall be deemed to be land of copyhold and not of freehold tenure.
5.-(1.) The personal representatives of a deceased person may, with the consent of the person entitled to any legacy given by the deceased person or to a share in his residuary estate, or, if the person entitled is a lunatic or an infant, with the consent of his committee, trustee or guar. dian, appropriate any part of the residuary estate of the deceased in or towards satisfaction of that legacy or share, and may for that purpose value in accordance with the prescribed provisions the whole or any part of the property of the deceased person in such manner as they think fit. Provided that before any such appropriation is effectual, notice of such intended appropriation shall be given to all persons interested in the residuary estate, any of whom may thereupon within the prescribed time apply to the court, and such valuation and appropriation shall be conclusive save as otherwise directed by the court.
(2.) Where any property is so appropriated a conveyance thereof by the personal representatives to the person to whom it is appropriated, shall not, by reason only that the property so conveyed is accepted by the person to whom it is conveyed, in or towards the satisfaction of a legacy or a share in residuary estate, be liable to any higher stamp duty than that payable on a transfer of personal property for a like purpose.
(3.) In the case of registered land, the production of the prescribed evidence of an appropriation under this section shall authorise the registrar to register the person to whom the property is appropriated as proprietor of the land.
6. Nothing in this part of this Act shall affect any duty payable in respect of real estate or impose on real estate any other duty than is now payable in respect thereof.
PART II.-AMENDMENTS OF THE LAND TRANSFER ACT 1875. 7.--(1.) Settled land may (at the option of the tenant for life) be registered either in the name of the tenant for life, or, where there are
trustees with powers of sale, in the names of those trustees, or, where there is an overriding power of appointment of the fee simple, in the names of the persons in whom that power is vested.
(2.) There shall also be entered on the register such restrictions or inhibitions as may be prescribed, or may be advisable, for the protection of the rights of the persons beneficially interested in the land, provided that no impediment be thereby placed on the exercise of the powers of the tenant for life without his consent.
(3.) Where land already registered is assured to the uses of a settle. ment, the instrument of transfer may be in a specially prescribed form, which shall operate as a conveyance to the uses of the settlement, and it shall be the duty of the trustees of the settlement (if any) to concur in the instrument, and to apply for an entry on the register of the proper restrictions or inhibitions under this section. If there are no such trustees, the registrar shall inquire into the terms of the settlement, and shall enter on the register euch restrictions or inbibitions as may be prescribed, or as appear to him to be in accordance with this section.
(4) On the death of a tenant for life, registered as proprietor of settled land, it shall be the duty of the trustees of the settlement (if any) to apply for the registration of his successor or successors, with such restrictions or inhibitions (if any) as may be in accordance with this section. If there are no such trustees, the registrar shall proceed under the forty-first section of the principal Act in such manner as may be prescribed.
(5.) Where a settlement is created by the will of, or otherwise arises in consequence of the death of, a sole registered proprietor of land or of an undivided share in land, it shall be the duty of his personal representatives to apply for the registration of the person titled to be registered as proprietor, and for the entry on the register of proper restrictions or inhibitions in accordance with this section.
(6.) The settlement, or an abstract or copy thereof, may be filed in the registry for reference in the prescribed manner, but such filing shall not affect a purchaser or mortgagee for value from the registered proprietor with notice of its provisions, or entitle him to call for production of the settlement, or for any information or evidence as to its contents.
(7.) Tbe registered proprietor of settled land and all other necessary parties (if any) shall, on the request, and at the expense, of any person entitled to an estate, interest, or charge conveyed or created for securing money actually raised at the date of such request, charge the land in the prescribed manner with the payment of the money so raised.
(8.) Subject to the maintenance of the right of the registered proprietor to deal by registered disposition with any land whereof he is registered as proprietor, the estates, rights, and interests of the persons for the time being entitled under any settlement comprising the land shall be unaffected by the registration of that proprietor.
(9.) A person in a fiduciary position may apply for, or concur in, or assent to, any registration authorised by this section, and, if he is 'a registered proprietor, may execute an instrument of transfer or charge in the prescribed form in favour of any person whose registration is so authorised.
(10.) In this section the expressions " tenant for life," "settled land,” “settlement,” and “ trustees of the settlement,” have the same meaning as in the Settled Land Acts 1882 to 1890.
8.-(1.) Where any error or omission is made in the register, or where any entry in the register is made or procured by or in pursuance of fraud or mistake, and the error, omission, or entry is not capable of rectification under the principal Act, any person suffering loss thereby shall be entitled to be indemnified in the manner in this Act provided.
(2.) Provided that where the effect of such error, omission, or entry would be to deprive a person of land of which he is in possession, or in receipt of the rents and profits, such person shall not be deprived, but the register shall be rectified and the person suffering loss by the rectification shall be entitled to the indemnity.
(3.) A person shall not be entitled to indemnity for any loss where he has caused or substantially contributed to the loss by his act, neglect, or default.
(4.) Where the register is rectified under the principal Act by reason of fraud or mistake which has occurred in a registered disposition for valuable consideration, and which the grantee was not aware of, and could not by the exercise of reasonable care have discovered, the person suffering loss by the rectification shall likewise be entitled to indemnity under this section.
(5.) The registrar may, if the applicant desires it, and subject to an appeal to the court, determine whether a right to indemnity has arisen under this section, and, if so, award indemnity.
(6.) Where indemnity is paid for a loss, the registrar, on behalf of the the Crown, shall be entitled to recover the amount paid from any person who has caused or substantially contributed to the loss by his act, neglect, or default.
(7.) A claim for indemnity under this section shall be deemed a simple contract debt, and for the purposes of the Limitation Act 1623, the cause of action shall be deemed to arise at the time when the claimant knows, or but for his own default might know, of the existence of his claim.
9.-(1.) Subject to general rules, as long as a land certificate, office copy of a registered lease, or certificate of charge is oatstanding, it shall be produced to the registrar on every entry in the register of a disposition by the registered proprietor of the land or charge to which it relates, and on every registered transmission or rectification of the register, and a note of every such entry, transmission, or rectification shall be officially indorsed on the certificate or office copy, and the registrar shall have the same powers of compelling the production of certificates and office copies as are conferred on him by sections one hundred and nine and one hundred and ten of the principal Act as to the production of maps, surveys, books, and other documents.
(2.) Where a land certificate or office copy of a registered lease has been issued, the vendor shall deliver it to the purchaser on completion of the purchase, or if only a part of the land comprised in the certificate or office copy is sold, he shall, at his own expense, produce, or procure the production of, the certificate or office copy in accordance with this section for the completion of the purchaser's registration. Where the certificate or office copy has been lost or destroyed, the vendor shall pay the costs of the proceedings required to enable the registrar to proceed without it.
(3.) Except where the court, or the registrar, for special reason otherwise decide, a new land certificate, office copy of a registered lease or certificate of charge shall not be granted by the registrar in place of a former certificate, or office copy, which has been lost or destroyed, unless the applicant has filed with the registrar a statutory declaration and such other evidence, if any, as the registrar may think necessary, stating the fact and circumstances of the loss or destruction of the former certificate, or office copy, nor until at least three advertisements of the application to the registrar shall have been published in a leading London newspaper as well as in a local newspaper circulating in the district in which the land is situate, and such indemnity (if any) given as the registrar shall think fit.
(4.) Where a transfer of land is made by the registered proprietor of a charge, in exercise of the power of sale conferred by the charge, it may be registered, and a new land certificate may be issued to the purchaser, without production of the former land certificate, but the certificate of charge (if any) must be produced or accounted for in accordance with this section. The proprietor of a registered charge shall not be entitled to have custody of the land certificate, or to require a land certificate to be applied for.
10.-(1.) The provisions of section eight of the Conveyancing and Law of Property Act 1881 shall apply, so far as applicable thereto, to transfers of registered land as though such transfers were made by deed, and a transfer of land made by the proprietor of a registered charge with power of sale shall operate as a conveyance in professed exercise of the power of sale conferred by the said Act.
(2.) The provisions of sections nineteen, twenty, twenty-one (except sub-sections one and four), twenty-two, twenty-three, and twenty-four, inclusive of the same Act, shall similarly apply to registered charges.
(3.) Every registered proprietor of land may in the prescribed manner charge it with an annuity or other periodical payment, and the provisions of the principal Act and this Act with regard to charges shall apply to to any such charge.
(4.) Nothing contained in any charge shall (i.) shall take away from the registered proprietor thereof the power of transferring it by registered disposition or of requiring the cessation thereof to be noted on the register, or (ii.) affect any registered dealing with land or a charge in respect of which the charge is not expressly registered or protected, in accordance with the principal Act and this Act.
(5.) The registrar may, on the application, or with the consent, of the registered proprietor of the land, and of the proprietors of all registered charges (if any) of equal or inferior priority, alter the terms of a charge.
(6.) Where a person on whom the right to be registered as proprietor of land or of a charge has devolved by reason of the death or bankruptcy of the registered proprietor, or has been conferred by an instrument of transfer or charge, in accordance with the principal Act and this Act, desires to transfer or charge the land or to deal with the charge before he is himself registered as proprietor, he may do so in the prescribed manner, and subject to the prescribed conditions. Subject to the provisions of the principal Act with regard to registered dealings for valuable consideration, a transfer or charge so made shall have the same effect as if the person making it were registered as proprietor.
11. The following provisions as to foreclosure shall apply to registered charges where the principal money secured does not exceed 5001. (1.) Where default has been made in the payment of principal or
interest for six months after the time for payment mentioned in the charge the registered proprietor thereof may apply to the
registrar in the prescribed manner for an order for foreclosure. (2.) Notice of the application shall be served upon the registered
proprietor of the land and on all persons appearing by the register to be interested therein uuder charges of inferior priority to that of which the applicant is the proprietor, and the land shall be publicly advertised for sale in the prescribed manner at the price required to pay the principal, interest, and costs appearing to be
due to the applicant. (3) At the expiration of the prescribed period, not less than one month
from the appearance of the first public advertisement for sale of the land, the order for foreclosure may be made, and the applicant may be registered as the proprietor of the land free from all charges and incumbrances of inferior priority to the charge by
virtue of which the order is made. (4.) The effect of the order shall be the same as that of an absolute
order of foreclosure made in the High Court, and it shall not be liable to be re-opened for any cause except fraud on the part of the applicant, and then only where and in so far as no registered disposition for value has taken place since the order was made and
registered. Any person who would, but for this provision, have been entitled to reopen a foreclosure, shall be deemed a person suffering loss by an error in the register not capable of rectification under the principal Act and shall be indemnified accordingly.
12. Where a charge is registered for securing an account current or future advances or payments, whether with or without present advances, the registered proprietor of the charge shall, subject to any entry to the contrary on the register, be entitled, in priority to any subsequent charge,
to the payment due to him in respect of the account, advances, or pay. ments up to the limit, if any, mentioned in the charge, and if there is no such limit up to the sum covered by the Inland Revenue duty paid on the charge. Provided that, as against subsequent registered charges, the Inland Revenue duty for the purposes of this section shall be the duty paid at the time those charges were registered respectively.
13. Section twenty-one of the principal Act (which preserves registered land from acquisition of title by possession) is repealed.
14.-(1.) So much of section eighty-three of the principal Act as prohibits the registration of undivided shares, and limits the number of co-proprietors, and relates to the description, boundaries, and extent, and alteration of the description of registered land is repealed.
(2.) Registered land shall be described in the prescribed manner by means of the Ordnance map, together with such further verbal particulars (if any) as the applicant for registration may desire, and the registrar, or the court, if the applicant prefers, may approve, regard being had to ready identification of parcels, correct description of boundaries, and, as far as may be, uniformity of practice.
15.-(1.) A purchaser of registered land shall not require any evidence of title, except(i.) the evidence to be obtained from an inspection of the register or of
a certified copy of, or extract from, the register ; (ii.) a statutory declaration as to the existence or otherwise of matters
which are declared by section eighteen of the principal Act and
by this Act not to be incumbrances ; (iii.) if the proprietor of the land is registered with an absolate title,
and there are incumbrances entered on the register as subsisting at the first registration of the land ; either evidence of the title to those incumbrances, or evidence of their discharge from the
register; (iv.) where the proprietor of the land is registered with a qualified title,
the same evidence as above provided in the case of absolute title, and such evidence as to any estate, right, or interest excluded from the effect of the registration as a purchaser would be entitled to
if the land were unregistered; (v.) if the land is registered with a possessory title, such evidence of
the title subsisting or capable of arising at the first registration of the land as the purchaser would be entitled to if the land
were unregistered. (2.) Where the vendor of registered land is not himself registered as proprietor of the land or of a charge giving a power of sale over the land, he shall, at the request of the purchaser and at his own expense, and notwithstanding any stipulation to the contrary, either procure the registration of himself as proprietor of the land or of the charge, as the case may be, or procure a transfer from the registered proprietor to the purchaser.
(3.) In the absence of special stipulation, a vendor of land registered with an absolute title shall not be required to enter into any covenant for title, and a vendor of land registered with a possessory or qualified title shall only be required to covenant against estates and interests excluded from the effect of registration, and the implied covenants under section seven of the Conveyancing and Law of Property Act 1881 shall be construed accordingly.
16.-(1.) The registered proprietor of land not situated in a district where the registration of title is compulsory, may, with the consent of the other persons (if any) for the time being appearing by the register to be interested therein, and on delivering up the land certificate or office copy of the registered lease and certificates of charge (if any) remove the land from the register.
(2.) After land is removed from the register no further entries shall be made respecting it, and inspection of the register may be made and office copies of the entries therein may be issued, subject to such regulations as may be prescribed.
(3.) If the land so removed from the register is situate within the jurisdiction of the Middlesex or Yorkshire registries named in section one hundred and twenty-seven of the principal Act, it shall again be subject to such jurisdiction as from the date of the removal.
17. The principal Act shall be further amended in regard to its minor details in the manner set forth in the First Schedule hereto.
18.-(1.) Where a county council apply in pursuance of section ten of the Small Holdings Act 1892, for registration as proprietors of land, they may be registered as proprietors of that land, with any such title as is authorised by the principal Act.
(2.) Where a county council, after having been so registered, transfer any such land to a purchaser of a small holding, the purchaser shall be registered as proprietor of the land with an absolute title, subject only to such incumbrances as may be created under the Small Holdings Act 1892, and in any case the remedy of any person claiming by title paramount to the county council in respect either of title or incumbrances shall be in damages only, and such damages shall be recoverable against the county council.
PART III.-COMPULSORY REGISTRATION AND INSURANCE FUND.
19.-(1.) Her Majesty the Queen may, by Order in Council, declare, as respects any county or part of a county mentioned or defined in the Order, that, on and after a day specified in the Order, registration of title to land is to be compulsory on sale, and thereupon a person shall not, under any conveyance on sale executed on or after the day so specified, acquire the legal estate in any freehold land in that county, or part of a county, unless or until he is registered as proprietor of the land.
(2.) In this section the expression conveyance on sale” means an instrument executed on sale by virtue whereof there is conferred or com. pleted, a title under which an application for registration as first proprietor of land may be made under the principal Act.