« EelmineJätka »
keeping possession not only comprised the cost of the man in possession, but mileage, expenses of removal, storage of goods, and all other expenses in connection with the seizure ; while the sheriff could charge separately such items, and the poundage on the sum levied or realised.
His Honour said he did not see anything in the section to enable the high bailiff to charge two fees for possession, if the possession under the warrant and distress was concurrent. So long as the two events came together there was nothing necessitating a longer possession under one than under the other, and there would be one fee chargeable for that possession only. As the point was important to high bailiffs throughout the country, he would accede to the request to give leave to appeal if there was power to do so.
lately given before the South African Committee, they would have been struck with the extreme importance of this question, having regard to the relations which existed between British subjects and the citizens and subjects of foreign nations in the Republics of South Africa. He suggested that uniform rules as to nationality should be accepted by civilised nations. He could wish that in a few years every well.informed person should know, or at any rate should be able easily to ascertain, what were his rights and what were his liabilities if he came to reside in a country other than his own, and that a merchant transacting business with. a foreign country, or receiving goods therefrom, should be in no doubt as to what rules of law applied to the contract he had made. Such general, if not universal, knowledge of concrete legal principles must lead to improved barmony in the relations between individuals and nations, and tend to remove those causes of discussion, difference, and at times animosity, out of which international difficulties had not infrequently arisen.
CRIMINAL LAW AND THE JURIS
DICTION OF MAGISTRATES.
QUARTER SESSIONS. Barnstaple, Tuesday, April 6
Leeds, Wednesday. April 21 Bedford, Tuesday, April 6
Leicester, Wednesday, April 7 Bideford, Monday, April 5
Lichfield, Wednesday, April 7 Birkenhead, Tuesday, April 6
Lincoln, Saturday, April 10, at 11 Birmingham, Thursday, April 8
Liverpool, Thursday, April 8 Blackburn, Friday, April 9
Manchester, Wednesday, April 7 Bradford, Yorks, Friday, April 9
Margate, Tuesday, April 13 Bridgnorth. Wednesday, April 21
Newcastle-upon-Tyne, Friday, April 9 Bridgwater, Friday, April 9
Northampton, Friday, April 9 Brighton, Monday, April 12
Norwich, Wednesday, April 14 Bristol, Friday, April 9, at 10.30
Nottingham, Monday, April 26 Bury St. Edmunds, Friday, April 23 Oswestry, Friday, April 9 Canterbury, Monday, May 10
Oxford, Friday, April 9, at 10.30 Cambridge, Monday, April 5, at 10 Plymouth, Thursday, April 8 Cardiff, Friday, April 9
Portsmouth, Friday, April 9 Carlisle, Wednesday, April 7
Rochester, Monday, April 26 Chichester, Tuesday, April 13
Rye, Tuesday, April 13 Colchester, Thursday, April 15, at 11 Scarborough, Friday, April 23, at 10.15 Oroydon, Thursday, April 8
Sheffield, Thursday, April 8 Deal, Wednesday, April 21
Shrewsbury, Monday, April 5 Derby, Thursday, April 8, at 10.30
Southampton, Thursday, April 8 Devizes, Monday, April 5
Sonth Molton, Monday, April 5 Devonport, Friday, April 9
Sudbury, Monday, April 12 Exeter, Monday, April 5
Thetford, Tuesday, April 6 Faversham, Monday, April 5
: Wenlock, Thursday, April 8 Grimsby, Tuesday, April 13
West Ham, Friday, April 9, at 11 Hanley, Friday, April 9
Wigan, Wednesday, April 21, at 10.50 Hastings, Wednesday, April 14
Winchester, Wednesday, April 7, at 11.30 Hereford, Friday, April 23
Wolverhampton, Friday, April 9, at 10 Ipswich, Thursday, April 8
Worcester, Thursday, April 8. King's Lynn, Thursday, April 15
INCORPORATED LAW SOCIETY.-VICTORIA
PENSION FUND. The following is an additional list of subscriptions ap to the 1st April:
S. d. Amount acknowledged last week
1769 18 6 Hy. Manisty, 1, Howard-street, Strand, £105. (acknowledged last week, £52 10s.)
52 10 J. J. King, Ipswich...
1 1 Freeland Filliter, Wareham...
1 1 W. T. Bloxam, 1, Lincoln's-inn-fields, W.C.
5 5 ) H. J. Calley, 9, Austin Friars, E.C.
1 1 E. C. Petgrave, Bath
1 Faber, Fawcett, and Faber, Stockton-on-Tees
10 10 6 W. Sweet, Bristol
1 H. F. Vickoll, 1, Howard-street, Strand, W.C.
0 > L. Fletcher, 1, Howard-street, Strand. W.C....
0 0 Ashurst, Morris, Crisp, and Co., 17, Throgmorton-avenue, E.L'.
0 0 R. Dawes (Dawes and Sons), 9, Angel-court, E.C.
5 0 J. W. Budd, 24, Austin Friars, E.C....
26 J.S. Beale, 28, Great George-street, Westminster, S.W.
10.5 0 0 C. M. Barker, 15, Bedford-row, W.C.
25 0 0 E. R. Cooper, Southwold, Suffolk
1 1 Baxter and Co., 12, Victoria-street, Westminster, S.W.
3 3 0 Smith, Fawion, and Son. 12, Bread-street, E.C....
2 20 F. Evershed, Burton-on-Trent
0 10 6 B. H. le Fox, Lutterworth
20 0 0 A. E. Nalder, Shepton Mallet
1 1 C. E. Burkinyoung, 26, Bedford-row, W.C.
1 ) H. P. Becher, 26, Bedford-row, W.O.
1 1 0 A. J. H. Ward, Harwich
1 1 Gibson, Weldon, and Bilbrough, 27, Chancery-lane, w.c.
31 10 A. E. Sarile, 10, Billiter-square, E.C.
10 10 John Ashbridge, 298, Whitechapel-road, E.
2 2 0 Isaac Vinall, High-street, Leweg.
1 1 J. A. Druce, 10, Billiter-square, E.C...
26 Corbin and Greener, 85, Gresham-street. E.O.
5 5 0 E. L Smith, 26, Lincoln's-inn-tields, W.O.
1 1 A. O. Nelson. 100, Temple Chambers, Temple-avenue, E.C.
10 0 C. Urquhart Fisher, 19, and 20. Holborn viaduct, E.C.
1 1 W. Elliott, Snow, and C. J. Fox, for Snow, Snow, and Fox, Gt. St. Thomas Apostle, E.O.
26 G. D. Stibbard, 21, Leadenhall-street, E.O.
30 Alfred Turner and Son, 15, Gt. Alic-street, Whitechapel, E.
22 Samuel Chester, 90, Cannon-street, E.C.
2 20 Edwd. Robinson, Travers Smith, Braithwaite, and Robinson, 4, Throg. morton-avenue, E.C.
5 5 0 C. B. Symonds, Wirksworth,
1 0 Bompas, Bischoff, Coxe, and Co., 4, Gt. Winchester-street, E.U.
103 Wilson, Bristows, and Carpmael, 1, Coptball-buildings, E.C.
105 0 0 W. J. and E. H. Tremellen, 33, Chaneery-lane. W.C. Ebward Meade, 17, Laurence Pountney-lane, E.C.
0 0 G. M. Davey, Kingston-on-Thames Thornton Toogood, 3, New-ion, Strand, W.C.
1 1 A. R. Prideaux, Goldsmiths-hall, E.C. T. A. Dyson. Gainsborough...
0 10 0 J. M. Mason and Co., 32, Greeham-street. E.U. W. Chariton, Jr., Blyth, Northumberland
1 0 C. E. Hawes, 35, Old Jewry, E.C. J. Hawes, 35, Old Jewry, E C.
3 0 Nichol, Son, and Jones, 39. Lime-street, E.C.
5 0 John Forster Cooper, 20, Threadneedle-street, E.U. Sydney Morse, 4, Fenchurch-avenue, E.C.
10 10 0 W. Spyer, 53, New Broad-street, E.O.
3 3 0 Gard and Pearce, Devonport
2 2 O J. Ballard, Bournemouth N. J.. Lawrence, 6, New-square. W.C.
105 0 C. T. Nicholls, 1, Lincoln's-inn-fields, W.C.
2 ? W. H. Nicholls, 1, Lincoln's-inn-fields, W.C.
2 2 0 Pickering and Neilson, 4, Stone-buildings, W.C....
5 5 0 Marshall and Marshall, 3 and 4, Lincoln's-inn-Helds, W.C.
5 50 Thos. Charles, Throgmorton House, Copthall-arenue, E.C.
2 2 0 W. Lloyd Fox, Falmouth
1 F. M. Burton, Gainsborough
1 John Bolton, Blackburn E. and B. Haworth, Blackburn
2 2 Golding and Hargrove, 99, Cannon-street, E.C.
26 5 ( E. L. Kowcliffe, 1, Bedford-row, W.C.
26 5 0 C. and E. Woodroffe, 39, Eastcheap. E.C.
5 5 G. S. and H. Brandon, 15, Essex-street, Strand, W.C.
10 10 0 Lindsay, Greenfield, and Masons, 6, Old Jewry, E C.
26 5 A. Davenport, 48, Chancery-lane, W.C. ... Morley, Shirreff, and Co., Gresham House, E.C....
26 5 G. S. Jordeson, Hull
1 1 0 J. R. B. Gregory, 1, Bedford-row, W.C.
50 0 0 Harold Brown, 1, Bond-court, Walbrook, E.C.
26 5 0 T. Vaughan Roberts, 2, St. Mildred's-court, E.C.
10 10 > E. C. Haynes, 9, New-square, W.C. ...
THE ATTORNEY-GENERAL ON INTERNATIONAL
LAW. The Attorney General, Sir Richard Webster, Q.C., M.P., delivered an address on Saturday afternoon to the Juridical Society of Glasgow on “ The Place of International Law among Legal Studies.” Mr. Berry, the Sheriff of Lanarkshire, presided.
Sir Richard Webster expressed his appreciation of the compliment which had been paid him in the request that he should address the members of the society on the occasion of their jubilee. For the past twelve years he had been engaged almost continuously in considering international relations. The subject practically divided itself into the two broad and well-known divisions of public and private international law. The fact that in early ages international questions were largely concerned with those problems which arose out of a state of war would account for the circumstance that the relations of nations in time of war, the rights of belligerents and neutrals, and the consequences of a state of belligerency were more fully treated by the early writers than any other subjects which now formed a branch of public international law properly so called. With regard to extradition, great progress had been made during the last fifty years, and he could not but think that the subject had been brought into a condition ripe for codification as between civilised nations. This matter had been brought prominently before the Govern. ment of many of the European nations during the last few years in consequence of the horrible crimes which arose from the unlawful use of dynamite as an explosive. Surely civilised nations should agree that those unlawfully possessing dynamite with the view to causing those horrible explosions and injury to life and property should be placed in the same category as pirates, making them hostes humani generis. He passed on to speak of private international law, and said that on the question of nationality it was of the utmost importance that a uniform rule should prevail among civilised States as to the nationality of children born in a country other than that to which their parents belonged. Upon that point the rules of the nations of Europe were very diverse, and those of the United States differed again. He suggested for consideration that the rule should be that children born abroad should be primâ facie of the nationality of their parents, with the right to exchange it for that of their birth. To that rule many of the civilised nations already conformed. The kindred question--namely, that of naturalisation and the right of a subject or citizen to relinquish and abandon the nationality of his birth, either permanently or temporarily, was a subject wbich was now rapidly assuming prominence. Those who had followed the discussion as to affairs in South Africa and the effect of immigration in the various States and Protectorates there could not but be impressed with the importance of the subject. If they had been following the evidence of Mr. Schreiner,
£3227 11 0
COMMERCIAL FAILURES AND Bills of SALE.-According to Stubbs? Weekly Gazette, the number of failures in England and Wales gazetted during the week ending the 27th March was 168. The number in the corresponding week of last year was 181, showing a decrease of 13. The number of bills of sale in England and Wales registered at the Queen's Bench for the week ending the 27th March was 148. The number in the corresponding week of last year was 198.
“ Hear my
TEMPLE CHURCH. The following is the order of the morning service for to-morrow: -First Lesson : Exodus iii. Second Lesson: Luke vii., v. 24. Versicles, &c. : Ferial, pp. 1.3. Te Deum Laudamus : Boyce in C. Jubilate Deo : Boyce in C. Apostles' Creed: Harmonised Monotone, E. J. H., pp. 4 and
Preces and Responses, Ferial, pp. 6-8. Anthem : prayer (Mendelssohn, No. 293, p. 132). Kyrie Eleison: Boyce in G, No. 6. Doxology (before and after the Gospel): Tallis, p. 89. Nicene Creed: J. H., p. 100. Hymn before Sermon : “ My faith looks up to Thee (No. 360).
For Sunday morning, the 11th inst. :-First Lesson, Exodus ix. Second Lesson, Matthew xxvi. Versicles, &c. : Ferial, pp. 1-3. Te Deum Laudamus : Cooke in G. Jubilate Deo : Cooke in G. Apostles' Creed : Harmonised Monotone, E. J. H., pp. 4 and 5. Preces and Responses : Ferial, pp. 6-8. Anthem : “Who is this?” (Arnold, No. 192, p. 87). Litany and Saffrages : Pages 9.15. Hymn before Sermon : “Ride on! ride on in majesty!” No. 112. For Sunday morning, the 18th inst. : -- First Lesson :
: Exodus xii. to v. 29. Second Lesson: Revelation i. vv. 10 to 19. Versicles, &c. : Tallis's Festival, pp. 16-18. Te Deum Laudamus : Nares in F. Jubilate Deo: Nares in. F. Athanasian Creed: Page 86. Preces and Responses : Tallis's Festival, pp. 20-22. Anthem: “Then shall be brought to pass (Handel, Part of No. 86, p. 40). Kyrie Eleison : Young in B flat, No. 20. Doxology (before and after the Gospel): Tallis, p. 89. Nicene Creed : J. H., p. 100. Hymn before Sermon: “Jesus Christ is risen to-day, Alleluia (No. 231).
For Sunday morning, the 25th inst. : — First Lesson : Numbers xvi. to v. 36. Second Lesson : 1 Corinthians xv. to v. 29. Versicles, &c. : Ferial, pp. 1.3. Te Deum Landamus: Gibbons in G. Benedictus : Gibbons in G. Apostles' Creed: Harmonised Monotone, E. J. H., pp. 4 and 5. Preces and Responses : Ferial, pp. 6.8. Anthem : “Sing unto the Lord” (Croft, No. 50, p. 23). Litany and Suffrages : Pages 9.15. Hymn before Sermon: “Ye sons and daughters of the Lord !” (No. 175).
appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above-named not later than six
o'clock on April 6. MERCHANTS' FIRE OFFICE LIMITED.-Creditors to send in, by May 10, their names and
addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. F. W. Pixley, 58, Coleman-st, the liquidator the
company Murchison Gift GOLD MINING COMPANY LIMITED.-Creditors to send in, by May 1,
their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. W. F. Pugh. 11, Queen Victoria-st. the liquidator of the company. Parker, Garrett, and Holman, St. Michael's
Rectory, Cornhill, solicitors to the liquidator. NOLTZYKOP GOLD MINES LIMITED. --Creditors to send in, by April 30, their names
and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. C. W. Grimwade, 38, Coleman-st, one of the
liquidators of the compuny. NAGAMALLY TEA COMPANY LIMITED.--Creditors to send in, by May 26, their names
and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. G. G. Anderson, 16, Philpot-la. tbe liquidator of the company. Robinson and Stannard, Eastcheap-bldge, 19, Eastcheap,
solicitors to the liquidator. OLDHAM ENGINEERING COMPANY LIMITED.-Petition for winding-up to be heard April 5,
before the Court of Chancery of the County Palatine of Lancaster (Manchester District) sitting at the Assize Courts, Strangeways, Manchester, at half-past ten o'clock. G. P. Fripp, 18, Clegg-st, Oldham, solicitor for the petitioner. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or bis or their solicitor (if any), and must reach the above-named
not later than two o'clock on April 3 PRINCES (BLACKPOOL) LIMITED.-Creditors to send in, by May 5, their names and
addresses and the particulars of their claims, and the names and addresses of
their solicitors (if any), to Mr. T. Blane, the liquidator of the company. QUEENSLAND NATIONAL BANK LIMITED.--Petition for winding-up to be heard April 7,
beiore the Court sitting at the Royal Courts of Justice, Strand. Murray, Hutchins, Stirling, and Murray, 11, Birchin-la, solicitors for the company, the petitioners. Notices of intention to appear on the bearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach
the above-named not later than six o'clock on April 6, THETFORD ELECTRIC LIGHT AND POWER COMPANY LIMITED.-Creditors to send in, by
May 8, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. L. Blake, Great Yarmouth, Norfolk, the liquidator of the company. Houchen and Houchen, Thetford,
Norfolk, solicitors to the liquidator. VICTORIA DOCKS ENGINE WORKS COMPANY LIMITED (in liquidation)-Creditors to
send in, by April 30, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Messrs. J. F.
Fenwick and J. Ramsden, 57, Gracechurch-st, the liquidators of the company. Wicks' PATENTS SYNDICATE LIMITED (in voluntary liquidation).-Creditors to send in,
by April 21, their names and addresses and tbe particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. 0. W. Williams, 55 and 56, Bishopsgate-st. the liquidator of the company. Soames, Edwards, and Jones, 58, Lincoln's-inn-ilds, solicitors to the liquidator.
UNCLAIMED STOCK AND DIVIDENDS IN THE BANK OF
ENGLAND. (Transferred to the Commissioners for the Reduction of the National Debt, and which
will be paid to the persons respectively whose names are prefixed to each in three
months from the date given, unless other claimants sooner appear.] JESBOP (Elizabeth Matilda), 5. Palace-rd, Lambeth, widow. £275 £2 158. per Cent.
Consolidated Stock, late New Three per Cent. Annuities. Claimant, Secretary or Deputy-Secretary, or Accountant-General or Deputy-Accountant-General, or one of the Cashiers for the time being of the Governor and Company of the Bank of England, under an order in lunacy of Feb, 12, 1897. March 30.
CREDITORS UNDER ESTATES IN CHANCERY.
LAST DAY OF PROOFS. COTTON (Charies). 17. Harrow.rd. Pawnbroker and silversmith. April 28 ; Atten
borough and Son, solicitors, 16, Ely-pl. May 11; Mr. Justice Romer, at eleven
o'clock. MACDONALD (John), 12, Lord-st, West Southport, Lancashire, and of Rose Neath, Glen
Urquhart, Inverness, solicitor. April 30; J. J. Cockshott, solicitor, ?, Tulketh-st, Southport. May 14: F. W. Taylor, Registrar of the Liverpool District of the Court of Chancery of the County Palatine of Lancashire, 9, Cook-st, Liverpool, at eleven o'clock.
HEIRS-AT-LAW AND NEXT OF KIN. LEACH, formerly DENNANT (Elizabeth), widow, who died on Aug. 24. 1881. Persons
claiming under the Statutes of Distribution, or otherwise to have been at the time of her death entitled to her personal estate in case she had died a widow and in testate, and if any of ihem are since dead then their legal personal representatires, to come in. by May 31, at the chambers of Mr. Justice Kekewich, and prore their claims in the matter of the trusts of the settlement made on the marriage of Elizabeth Dennant with Thomas Leach dated Jan. 18, 1870. June 14, at the said cbambers, at two o'clock, is the time appointed for hearing and adjudicating upon
the claims. STEUART (John), deceased.--All persons who at the decease of the testator's daughter,
Helen Colbran, which took place on Feb. 6, 1895, were of kin to her, and who, under the Statutes of Distribution, would have been entitled to her personal estate if she had died a widow and intestate, and without a father and mother, and the legal personal representatives of such of the said persons as are now dead, to come in, by July 22, and enter their claims at the chambers of Mr. Justice Stirling.' July so, at the said chambers, at twelve o'clock, is the time appointed for hearing and adjudicating upon such claims. NOTE.- It is alleged that John James Steuart, who was born on Dec. 2, 1834, and was a brother of the said H. Colbran, went to Australia when a bachelor about forty years ago and has not been heard of since; also that William Steuart, who was born on June 29, 1937, and was another brother, was married in Melbourne, Australia, and died there. The said J. J. and W. Steuart, if living, or if either of them is dead his children (if any) living at his death, or his legal personal representatives (according to the date of his death) would be interested in those proceedings.
APPOINTMENTS UNDER THE JOINT STOCK WINDING-UP ACTS. BANGOR AND NORTH WALES MUTUAL MARINE PROTECTION ASSOCIATION LIMITED.
Petition for winding-up to be heard April 7, before the Court sitting at the Royal Courts of Justica, Strand. Simpson and Co., 6, Moorgate-st, agents for Hughes and Pritchard, Bangor, solicitors for the petitioner. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above-named not later than six
o'clock on April 6. BLACK FLAG PROPRIETARY COMPANY LIMITED.-Creditors to send in, by May 7, their
names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. J. A. Parker, 1. Metal Exchange-bldgs, the liquidator of the company. Sutton, Ommanney, and Rendall, 3 and 4, Great
Winchester-st, solicitors to the liquidator. INDIAN ENGINEER COMPANY LIMITED. -- Creditors to send in, by June 1, their
names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any). to Mr. W. B. Keen, 3, Church-st, Old Jewry, the liquidator of the company. T. C. Summerbays, Eastcheap-bldgs, Eastcheap,
solicitor for the liquidator. ISLE OF MAN EXPRESS STEAMERS LIMITED.-Petition for winding-up to be heard
May 3, before the Lancashire County Court sitting at the Court-house, Quay-st, Manchester. Taylor, Sons, and Smith, 26, King-st, Wigan, solicitors to the company. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach
the above-named not later than six o'clock on May 1. MANGOTSFIELD PENNANT STONE COMPANY LIMITED. -Petition for winding-up to be
heard April 7, before the Gloucestershire County Court sitting at the Guildhall, Small-st, Bristol. Davies and Penrice, Lloyd's-chmbrs, Colne, Lancashire, solicitors for the petitioners, and whose agents at Bristol are Barry and Harris, 50, Broad-st, Bristol, solicitors. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and
ust reach the above-pamed not later than six o'clock on April 6. MINES ISSUING SYNDICATE LIMITED.-Petition for winding-up to be heard April 7,
before the Court sitting at the Royal Courts of Justice, Strand. Morten, Cutler, and Co., 99, Newgate-st, solicitors for the petitioners. Notices of intention to
CREDITORS UNDER 22 & 23 VICT. C. 35.
LAST DAY OF OLAIM AND TO WHOM PARTICULARS TO BE SENT. ANDREWS (Mary Ann), Lytchett Matravers, near Poole. Dorsetshire, widow. April 25 ;
Trevanion, Curtis, and Ridley, solicitors, New-st, Poole, Dorset. AUSTIN (Thomas Kingston), 33, Edwards-sq, Kensington, formerly of Talbot Lodge,
Blackrock, Dublin, J.P. April 30; C. H. Austin, solicitor, 1, Old Serjeants'-inn,
Chancery-la. ANDREW (Samuel), 34, Poplar-grove, Sale, Cheshire, formerly a commission agent.
May 1; E. Shippey and Jordan, solicitors, 17, Cooper-st. Manchester. ALDERTON (Thomas James), Belvedere Purk, Belvedere, Kent, late house governor of
the Royal Alfred Home for aged seamen. April 15; L. Rawlins, solicitor,
39, Lombard-st. ACKROYD (Abraham), Cross la, Stone Chair, Shelf, near Halifax, Yorkshire, farmer.
May 15; J. R. Farrar, solicitor, 183, Harrison-rd, Halifax. BAILEY (Walter George), 56, Wyndham-rd, St. Giles, Camberwell, barrow proprietor.
April 30; J. J. Watts and Son, solicitors, 19, St Dunstan's-hill. BROMLEY (William), formerly resiling at 3, Park-pl. Milton-next-Gravesend, Kent,
and carrying on business at David-st. St Leonard's.rd, Bromley-by-Bow, lighterman, late of Fair View. West Hill, Gravesend, Kent, gentleman, J.P. May 8;
Carr and Martin, solicitors, 11 and 12. Great Tower-st. BROWN (Eleanor), 15, Wotton-rd, Deptford, widow. April 24; Howard and Shelton,
solicitors, 94, London-8t, Greenwich. BROMILOW (John), 124, Deansgate, Bolton, Lancashire, beerseller and brewer.
Aprll 19: W. Russell, solicitor, 11, Wood-st, Bolton. BETTRIDGE (Emma), 123, Southgate-rd, Islington, spinster. May 1; W. Beck, solicitor,
2. East India-uv. BETTY (Henry Thomas). the Betony, Thurlow Park-rd, West Dulwich, Surrey,
tragedian. June 1; Vallance and Vallance, solicitors, 20, Essex-st, Strand. BOWLER (William), Codnor Gate, Derbyshire, farmer. April 24 ; Peake and Fermor,
solicitors, Town Hall. Ripley, Derbysbire. COUPLAND (Isabella), Lancaster, spinster. April 17; Hall, Marshall, and Sewart,
solicitors, 49, North-rd, Lancaster, CHAYTOR (Sir William), baronet, Croft Hall, North Riding of Yorkshire. April 30 ;
Trotter, Bruce, and Trotter, solicitors, Bishop Auckland. COOKSLEY (William), Grey Eagle public-house. Quaker-st, Spitalfields. May 6;
Clapham, Fitch, and Co., solicitors, 15, Devonsbire-sq, Bishopsgate. DARNLEY (Right llon, John Stuart, Earl of), Cobham Hall, near Gravesend, Kent,
and of 21. Hill-st, Berkeley-bq, and Clifton Lodge, Athboy, co. Meath, Ireland.
April 30 ; Rowcliffes, Rawle, and Co., solicitors, 1, Bedford-row. DOUGLAS (Robert). Berwick-upon-Tweed, solicitor, town clerk of the said borough.
May 12; R. B. Douglas, 19, Quay Walls, Berwick-upon-Tweed, ECCLESTONE (Francis), 52, Hemstall-rd, West Hampstead, locomotive-engine driver.
May 25; A. Newton and Co., solicitors, 24, Great Marlborough-st. EDWARDS (Mary Amelia), 493, King's-rd, Chelsea, wife of Charles Augustus Edwards.
May 8; Pearce and Sons, solicitors, 8, Giltspur-st. FURNESS (John), 62. Roe-la, Southport, Lancashire, gentleman. April 24; J. A.
Orrell, solicitor, 18, St. Ann-st, Manchester. GORMAN (Maria Christiana), 10, South-parade, Bath, Somersetshire. April 30; Lee
and Pembertons, solicitors, 14, Lincoln's-inn-ilds. GELDART (Mary Metcalfe), Carlton-in-Coverdale, Yorkshire. widow. May 1; H.
Maughan, solicitor, Castle-bill, Middleham, R.S.O., Yorkshire. GALPIN (Emma Amelia), wife of Thomas Dixon Galpin, of Bristol House, Roehampton,
Surrey, gentleman. May 8; Crawley, Arnold, and Co., solicitors, 20, Whitehall-pl GREATBACH (Mary Anna). 11, Champion-park, Denmark Hill, Surrey, widow.
May 10; A. Tyler, solicitor, 5, Clement's-inn, Strand. GRANTLEY (Rt. Hon. Katharine Baroness), 12, Upper Grosvenor-st. May 1;
Bircham and Co., solicitors, 46, Parliament-st, Westminster.
WHITEFORD (Caroline Lovell), 1, Moorland-ter, Ridgeway, Plympton St. Mary,
Devonshire, spinster. May 31 ; Whiteford and Bennett, solicitors, 17, Courtenay
st, Plymouth. WARD (Mary), 44, Queen's-rd, Northampton, spinster April 23; Becke and Green,
solicitors, 20. Market-sq. Northampton. WOOD (Samuel), 3, Lime-st, Newcastle-upon-Tyne, coal merchant. May 18; R. Brown,
solicitor, County-chmbrs, Westgate-rd, Newcastle-upon-Tyne. Wilson (Charles), 101, the Saltisford, Warwick, nurseryman. May 20; Handley,
Brown, and Ledbrook, solicitors, 1. Church-st, Warwick. WILKINS (Henry Sandell), Wellclose, Bradford-on-Avon, Wiltshire. May 10; Stone,
King, and Co., solicitors, 13, Queen-sq. Bath. WILLIAMSON (Anne), 56, Palace Gardens-ter, widow. May 14; Emmet and Co.,
solicitors, 14, Bloomsbury-sq. WALTER (Ellen Annie), Sessacott, Church Crookham, Hampshire, wife of_A. E
Walter, surgeon. April 27; Cameron, Kemm, and Co., solicitors, Gresham House 24, Old Broad-st.
GREENHALG H (John), 10, Olirant-st, Bury, Lancashire, gentleman. April 27; P. and
J. Watson, solicitors, 9, Broad-st, Bury, Lancashire. HOPKINS (Elizabeih). Upwey. Dorset, widow. May 17; Andrews, Barrett, and Wilkin
son, solicitors, Weymouth. HINES (Harriett Ann), 35, Elm Bank, Old-rd, Heaton Chapel, Lancashire, wife of
Edwin Hines, April 17 ; Rowclisie and Co.. solicitors, 30, Cross-8t, Manchester. HARRISON (William). Worksop, Nottinghamshire, station-master (retired). April 30
J. S. and C. A. Whall, solicitors. 44, Bridge-st, Worksop. HEWISON (Mary), 19, Bath-rd, Bedford Park, formerly of Newcastle-upon-Tyne,
spinster. May 1; Dees and Thompson, solicitors, 117, Pilgrim-st, Newcastle
upon-Tyne HAYWARD (John), sen., Lower House, Kenwick's Park, near Ellesmere. Shropshire,
farmer. May 15; J. C. H. Bowdler, solicitor, Talbot-chmbrs, Shrewsbury. HOMER (Sarah), Hill-st, Wollescote, Worcestershire. April 24; T. H. Homer,
administrator, Bromley-st, Lye. J. Hinds, solicitor, 68, Hagley-rd, Stourbridge. HOWITT (Joseph), formerly of Crich, Derbyshire, hosier. late of 50, Park-rd, New
Lenton, Nottingham. May 1; E. H. Fraser, solicitor, King.st. Nottingham. HARDY (Eleanor), Florence Villa, Queen's-rd, formerly of 1, Wellington-ter, Mill-rd,
both in Deal, widow. May 1; Martin and Nicholson, solicitors, 29, Queen-st,
Cheapside. HATHER (Thomas), 26A, Parliament-st, and of 10, Plantaganet-st, both in Nottingham,
auctioneer and valuer. May 12 ; Eking and Wyles, solicitors, Long-row,
Nottingham. Ives (Thomas), 4, Fye Bridge-st, Norwich, butcher. April 23: Preston and Son,
solicitors, 15, Bank Plain, Norwich. LOWTHER (John), Rye-st. New Basford, Nottingham, gentleman. April 20 ; Wells
and Hind, solicitors, 20, Fletcher-gate, Nottingham. LOW (Henry), Fairfield Lodge. Lordswood, Southampton, gentleman. April 23; Page
and Gulleford, solicitors, 29, Portland-st, Southampton. LEES (Mary), 9, Oakenclough, Lower Limehurst, Ashton-under-Lyne, Lancashire.
April 27; H. Barber, solicitor, 80, Wellington-rd. Ashton-uuder-Lyne. LEECH (Eli and Pamela), both late of li, Lees Fold, Hurst, Ashion-under-Lyne,
Lancashire. April 30; T. E. Hewitt, solicitor, 97, Katherine-st, Ashton-under
Lyne LAMBE (Edward), Chatteris, Isle of Ely, Cambridgeshire, farmer. April 23 ; H. C.
Margetts, Son, and Ruston, solicitors, Chatteris. LEAROYD (Elizabeth), Three Jolly Butchers public-house, High-et, Wood Green,
widow. May 3; Martineau and Reid, solicitors, 2, Raymond-bldge, Gray's-inn. MACDONALD (Alexander), 190, Fleet-st, and of 3, Springtield-rd, Wimbledon, Surrey,
journalist and newspaper proprietor, who died at Craddock, Cape Colony. South Africa. April 26; Morton, Smart, and Macdonald, W.S., solicitors, 19, York-pl,
Edinburgh. MORLEY, née WILLIAMS (Annie), Cross Keys inn. Usk, Monmouthshire, innkeeper.
April 30: Gustard and Waddington, solicitors, Usk. MITCHELL (Sabina), 3, Rosse Lynn, Frizing-hall, Bradford, Yorkshire, widow.
April 20: Watson, Son, and Smith, solicitors, 11. Cheapside. Bradford. MORGAN (John), 53, Monk-st, Aberdare, Glamorganshire, builder and contractor.
April 16; Gery and Rhys, solicitors, 22, Commercial-pl, Aberilare. South Wales. MILLWARD (Henry), Cemetery-rd, Lye, Worcestershire, April 21; J. Hinds, solicitor,
68, Bagley-rd. Stourbridge. MORAN (John). Harwich, Essex, contractor, trading as Moran and Son. April 31 ;
A. J. H. Ward, solicitor, Harwich. MIDGLEY (Robert), Booth-in-Midgley, Halifax, Yorkshire, stone merchant. May 1;
Sutcliffes, solicitors, Hebden Bridge, Yorkshire. MORETON (Samuel Rowland), Crowton, Cheshire, farmer. May 3; A. and J. E.
Fletcher, solicitors, Northwich, Cheshire. MILTON (Alfred), Clifford Arms hotel, Chudleigh, Deronshire, licensed victualler.
April 26 ; Friend, Beal, and Tarbet, solicitors, 14, Castle-st, Exeter. MATHER (Joseph), 141, Featherstall-rd, Littleborough, near Rochdale. Lancashire,
retired innkeeper. May 11; J. H. Chadwick, solicitor, 3, South-parade, Rochdale. NOAKE (Israel), Upwey, Dorret, gentleman. May 17; Andrews, Barrett, and Wilkin
son, solicitors, Weymouth. OPENSHAW (John), Hughenden House, Lytham-rd, Blackpool, Lancashire, gentleman.
April 23 ; W. Banks and Co., solicitors, 42, Lune-st, Preston. OGDON (Hannah), Wirksworth, Derbyshire, widow. April 21 ; Kingdon and Sererne,
solicitors, Wirksworth, Derbyshire. PATCHETT (Margaret). 161. Dale-st, Shipley, Yorkshire, widow. April 27; J. Walshaw,
solicitor, Crown-st-chmbrs, Halifax. RICHMOND (Cbarles Henry). 65, High-rd, Balham, and of Richmond House. 17, Friar
Stile-rd, Richmond, both in Surrey, butcher, April 2?; Finch and Turner,
solicitors. 84. Cannon-st. RATCLIFFE (Edward), formerly of Hawarden, Flintshire, engineer. April 15; G. H.
Simon, solicitor, Church-la, Mold. RICHARDS (Mary), 10, Birkbeck-avenue, Acton, near London, spinster. April 22 ; G.
David and Evans, solicitors, 117, St. Mary-st, Carlife. ROBERTS (Thomas), 32, Queen's-rd, Bowes Park. Yay 10 ; Leggatt, Rubinstein, and
Co., solicitors, 5, Raymond-bldgs, Gray's-inn. REYNOLDS (Henry), otherwise Henry Reynolds Higham, 167, Kirkhall-la, Leigh,
Lancaster, engineer at a cotton mill. June 22; F. Whitaker, Duchy of Lancaster
Office, Lancasier-pl. SKINNER (Mary), 41, Southernhay, Exeter, widow. May 7; J. and S. P. Pope, solicitors,
25 and 26, Gandy-st, Exeter. SMITH (Thomas), 11, St Nicholas-st, Coventry, Warwickshire. April 26; Kirby and
Sons, solicitors, Coventry. SEGRAVE (Anne Cecily), 75. George-st, Portman-sq, formerly of 15. Blandford-st,
Portman-sq, spinster. May 3; Witham, Roskell, Munster, and Weld, solicitors,
1, Gray's-inn-sg. SCTCLIFFE (John). Slack House, Heptonstall, Halifax, Yorkshire, gentleman. Maşl;
Sutcliffes, solicitors, Hebden Bridge, Yorkshire. SKIDMORE (Thomas Emmott), Cefnaire, Newtown. Montgomeryshire, formerly of
Northwich, Cheshire, brewer. April 25; Talbot and Watkins, soliciiors,
1, High-st, Newtown, North Wales. SMYTH (Rev. Samuel Buxton), 7 Connaught-rd, Folkestone, Kent, clerk in holy
orders. May 28 ; W. Gill, solicitor, Knaresborough. STURGE (Edward Tomkies), Bridge Wharf, 259, City-rd, and of 7. Belsize Park-grdns, Hampstead, and Yate Lawn, Yate, Gloucestershire, gentleman.
June 24; Boulton, Sons, and Sandeman, solicitors, 21a, Northampton-sq. Smith (George Emmanuel), Grove Villa, and of Westgate, both in Wakefield, chemist.
May +; Senior and Barratt, solicitors, Wood-st, Wakefield. SAVAGE (Samuel), 74, Teesdale-st, Hackney-rd. May 7; Francis and Calley, solicitors,
9, Austin Friars. TRASK (John Ernest), 40. St James-sq, Holland Park, a surgeon captain, army
medical staff. April 24: Hopgoods and Dowson, solicitors, 17 Whitehall-pl. TURNER (Joseph), Eden-grove, Edenfield, near Bury, Lancashire, gentleman,
April 10: Woodcock and Sons, solicitors, West-view, Haslingden. THOMPSON (Edward), Plas Annie, near Mold, Flintshire, gentleman. May 1; Kelly,
Keene, and Co., solicitors, Mold, Flintshire. TUCKER (William John Arnold), 31, Finborough-rd, West Brompton, retired
principal purveyor to the forces. May 1; Frank Richardson and Sadler,
solicitors, 28, Golden-84, Regent-st. TOPLIS (Marcus), Matlock Bank, Derbyshire, yeoman, April 20; J. Potter, solicitor,
Matlock Bridge. USHER (Rev. Henry), Snitterby, Lincolnshire, clerk in holy orders. April 9; Toynbee
Larken, and Toynbee, solicitors, Bank-st, Lincoln. UNWIN (Walter Morley), Cavendish House, Christchurch-rd, Bournemouth, and of St.
Stephen's Club, Westminster, S.W.. gentleman. Mayl; Upton, Atkey, and Co.,
solicitors, 14, Austin Friars. VAUGHAN (Rer Joseph Jerome), the Priory, Barlow Moor-rd, Chorlton-cum-Hardy,
near Manchester, clerk, Roman Catholic priest. April 7; J. Southam, solicitor,
78, Cross-st, Manchester. WILLIAMS (Jane). 1. Campbellville, Newton Abbot, Devonshire, spinster. April 30;
Baker, Watts, Alsop, and Woollcombe, solicitors. Newton Abbot. WILLIAMS (Williams James), 14, Montague-pi, Russell-sa, and of 19, Hanover-st,
tailor. April 23; F. R. Smith and Sons, solicitors, 133, Aldersgate-st.
INCORPORATED LAW SOCIETY.--LAND TRANSFER
BILL 1897. OBSERVATIONS ON THE BILL AS INTRODUCED INTO THE HOUSE
OF LORDS. THE Bill which the Lord Chancellor bas introduced this session is framed on very different lines for those on which the former Bills on this subject have proceeded. Ever since the year 1887 attempts have been made to amend and extend the operation of the Act of 1875, and on every occasion it has been necessary to oppose the new principle of compulsion on the ground that the system established by that Act, especially having regard to the Rules of 1889, was too defective and costly to be forced on reluctant landowners, and that, if an opportunity were afforded, this could be conclusively shown by evidence.
In 1895 the then Government acknowledged the justice of this contention and appointed a committee of the House of Commons to consider and report upon the Bill of that session, with power to take evidence. Many witnesses, lay as well as professional, were examined, but in consequence of the defeat of the Government and the consequent dissolution of Parliament no report was made.
The evidence, however, clearly showed that considerable amendments in and additions to the Bill were necessary, and these may be conveniently thus summed up:
1. The system should be (Wolstenholme, 403, 516, 665; Hunter, 964, 1203, &c.; Lake, 2513, 2915) voluntary, not compulsory, or if compulsion were deemed essential in order to thoroughly test the new system (Hunter, 1087 ; Lake, 2750, 2960), the area in which the experiment was to be tried should be defined by the Bill, and should not be extended without previous inquiry.
2. The real owner of land should never be dispossessed (Wolstenholme, 434, 667; Hunter, 1165; Lake, 2758, 3047) except by his own act or default; and (Wolstenholme, 434) compensation should be paid not to the owner in respect of loss of the land, but to the innocent transferee or mortgagee, whose title had been founded on fraud or mistake.
3. The applicant for registration, whether original or a transferee, should be at liberty to require (Wolstenholme, 707, 883 ; Lake, 2509, 2885, 2995, 3378) a verbal description of his property, and not be left to depend upon, the accuracy of a plan.
4. Except in a district in which registration was compulsory, the registered proprietor should bave (Wolstenholme, 761, &c. ; Hunter, 962, &c. ; Saunders, 1824 ; Lake, 2752, 2973, 3265) power to take his land off the register if for any reason he desired to do so.
5. (Lake, 2723, 2888, 3309 ; Seebohm, 3926) The land certificate should necessarily be produced on every dealing with registered land, and a duplicate certificate in case of loss or destruction) should not be issued without proper safeguards.
6. (Wolstenholme, 592 : Lake, 2897) Identification by a solicitor as a responsible officer of the court should be required as a safeguard against personation or fraud.
7. The rule-making authority should act on the advice (Lake, 2879) of a board on which the Bar and solicitors should be represented.
NOTE.-The references are to the questions in the evidence given before the Parliamentary Committee of 1895.
There were many other amendments, such as that the Statutes of Limitations should affect registered land in the same way as land not registered; that the partial as well as the entire discharge of an incumbrance should be shown on the register; that undivided shares in land should be capable of registration, and the like.
Consideration of the reasons advanced in favour of these modifications has led the Government to recognise their importance and necessity. The following paragraphs show the extent to which they have been met.
1. The Bill, while introducing the principle of compulsion, proposes to limit the area, in the first instance, to any county or part of a county after sufficient notice.
2. The real owner is not to be dispossessed under any circumstances, and any person suffering loss from any error or omission in the register is to be indemnified unless he has been guilty of contributory negligence : in other words, the title conferred by the register is guaranteed, nat absolute.
3. An applicant for registration may amplify the description of his lanıl, and is not confined to a plan.
4. Power is given to remove land from the register, except in a district in which registration of title is compulsory.
5. Production of the land or charge certificate is in all cases to be compulsory on dealings with registered land, and safeguards against the improper issue of a duplicate are provided. This secures in the simplest
manner the facilities for equitable mortgage by deposit enjoyed under the present system of conveyancing.
6. An advisory board of five, including representatives of the Bar and of solicitors, is created, and rules are to be made with their advice.
All the minor amendments are made, but the Lord Chancellor bas not seen fit to require identification by a solicitor, though such a precaution against fraud or personation is deemed necessary in dealing with the smallest fand in court. The present Land Registry Rules require identifi. cation by a solicitor, a justice of the peace, a commissioner for oaths, or a banker.
The Council fully recognise the evident desire of the Lord Chancellor to meet the objections put forward and proved against the system established by the Act of 1875, but they retain their strong objections to compulsion on the grounds that if the system be as beneficial as its advocates suppose, it ought to be able to make its own way, and that landowners wiil not require force to make them adopt it if it prove really advantageous and economical.
The Bill is one amending and altering the Act of 1875. It would have been much more convenient and complete if that Act were repealed and a new statute passed embodying the amendments which were found to be required. But it has no doubt been decided, for parliamentary reasons, to adopt the other course with the view of, at a later period, consolidating the law on the subject; and possibly it may be thought better, before introducing a consolidating Bill
, to gain further experience of the working of the system. Unfortunately, as the experience of the Companies Acts shows, the convenient period is long in arriving.
The Bill is divided into four parts, the principal provisions in each of which may be conveniently considered. The Bill itself must be referred to for details, and, in addition to the amendments suggested in this report, there are several points of detail which will require consideration before the Bill becomes law.
Clauses 1 to 6. Part I. deals with the establishment of a real representative, and repeats almost rerbatim the provisions to the same effeet of the Bill of 1895, which in their turn were taken from clauses in the Bill of 1889, as amended by the Select Committee of the House of Lords 1888.89. The only alteration of importance is the omission of clause 7, sub-clause (4), which was introduced in 1895 as an amendment in the Standing Committee of the House of Lords, and prohibited the real representative, except with leave of the court, from dealing with real estates for thirteen months after the death of the late owner. This sub-clause would often have been inconvenient and have led to applications to the court which would have caused unnecessary expense.
The existing law appears sufficient to prevent any mischief, and no such check exists or has been found necessary in the case of leaseholds.
Clanse 5 appears to require revision. It can hardly be intended to empower the personal representatives without the consent of the devisee of the real estate (whether such real estate be devised specifically or as part of a mixed residue) to satisfy out of that estate a pecuniary legacy not charged upon it. The power should be confined to legacies charged on the real estate.
The provisions in the Bill of 1895 were generally approved by the Profession and by the witnesses examined before the Parliamentary Committee of 1895.
Part I. of the Bill is general in its operation, and applies to all land, whether registered or not.
right to indemnify has arisen, and to award the amonnt to be allowed , but his decision is subject to appeal to the court.
Clause 9. By clause 9 the land certificate (which throughout this report means a land certificate, certificate of charge, or office copy of a registered lease) must (if one have been issued, which by the principal Act is optional with the registered proprietor) be produced to the registrar on every dealing with registered land (except a sale by a mortgagee under the power of his mortgage), and any such dealing is to be noted on the land certificate. The Bill contains the necessary auxiliary powers and provisions to enable this to be carried into full effect. This clause carries out the provisions of sect. 81 of the principal Act, and makes a deposit of the land certificate equivalent to a deposit of title deeds under the existing system of conveyancing. To make the protection more complete, the Bill provides (following the analogy of the Australian statutes) that unless the court or the registrar for special reason otherwise decide, a duplicate land certifi. cate shall not be issued in place of a certificate which has been lost or destroyed unless a statutory declaration or other sufficient evidence of the loss or destruction of the original certificate and the circumstances attending it has been produced, nor until at least three advertisements have been published in a leading London and a local newspaper, and, if necessary, an indemnity given to the registrar's satisfaction.
The clause should provide that these advertisements shall appear at intervals of not less than a week, and that words " subject to general rules" at the commencement of the clause should be struck out. If these words refer only to regulations as to the mode of production and verification they are unnecessary, for this is clearly within the discretion of the rule-making authority. If they go further, they appear to sanction the repeal of the clause by rules, which cannot be intended. The obvious intention is that the land certificate should be equivalent to the title deeds under the present system of conveyancing, and the words should be omitted.
If it is deemed necessary to provide for special cases, the proper words would appear to be those prefixed to sub-clause (3), namely : “ Except where the court or the registrar for special reasons otherwise direct.” But there does not appear to be any necessity for this.
Clause 10. The provisions of sect. 8 of the Conveyancing Act 1881 are to apply to transfers of registered land, and of sects. 19, 20, 21 (except sub-sects. (1) and 4)), 22, 23, and 24 of the same Act to registered charges.
Sect. 8 of the Conveyancing Act 1881 provides that on a sale a purchaser shall not be entitled to require that the conveyance to him be executed in his presence or in that of his solicitor as such, but shall be entitled to have at his own cost the execution of the conveyance attested by some person appointed by him who may, if he thinks fit, be his. solicitor.
Sects. 19, 20, 21, 22, 23, and 24 define the powers incident to the estate or interest of a mortgagee, the restrictions on a mortgagee's power of sale, the manner in which a sale is to be carried into effect, the power of a mortgagee to give receipts, the amount and application of insurance moneys, and the appointment, powers, remuneration, and duties of a receiver.
With a view to facilitate the enforcement of orders made by the registrar and the prevention and punishment of irregularities in the conduct of those transacting business at the Land Registry, the Council are strongly of opinion that the registry should be made a department of the High Court of Justice. They also recommend that a clause should be inserted to the effect that the different instruments required at the Land Registry on any dealing with land should be expressly declared to be instruments within the meaning of sect. 44 of the Stamp Act 1891.
Clause 11. The Bill provides a summary process for foreclosure of charges created on registered land, on which the sum secured does not exceed £500 (five hundred pounds). It is not clear whether the limit depends upon the principal amount originally secured, or the balance due at the time when foreclosure is sought. Probably the former is intended, and in either case the summary process is likely to be very useful as compared with the usually costly and always dilatory process of foreclosure in the ordinary way. The idea is borrowed from the statutes in force in Australia, in which country the summary process is applicable to all mortgages without limit of amount; but in this country, in which almost all large estates are subject to family and other charges which, if suddenly enforced at a period of depression, could often not be discharged or transferred, it is essential that so stringent a method of enforcing the security should be confined to small mortgages.
The clause should be amended so as to make it clear that it will only apply to charges which do not originally secure more than £500.
Clause 12. This clause, which makes provision for registered charges to secure a current account or future advances, is identical with clause 15 of the Bill of 1895. Its effect is to enable the registered proprietor of a charge for future advances up to a definite amount to go on advancing up to that amount notwithstanding notice of a subsequent incumbrance, whether registered or not, which under the present general law he could not do. If no limit is fixed by the charge, the amount recoverable under any such charge is, as against a subsequent registered charge, to be limited by the amount of stamp duty paid on the original charge at the time of registration of the subsequent charges respectively. This appears to require amendment, for at present a mortgagee who has made further advances in excess of the sum on which ad valorem duty has been paid can at any time, on payment of additional duty and penalty, cover all advances made before notice of a subsequent charge. Probably the alteration of the law
Clause 7. Settled land may, at the option of the tenant for life, be registered in his name or in those of the trustees of the settlement if they have power of sale, or of the donees of any overriding power of appointment.
Any necessary restrictions for the protection of the rights of the persons beneficially interested in the settled land are to be entered on the register, and in the case of the settlement of land already registered, or on the death of the tenant for life of registered land, the Bill casts upon the trustees, or in default of trustees upon the registrar, the duty of making the necessary entries. In the case of a settlement by will the duty is cast upon the personal representative.
A copy of the settlement may be filed in the registry for reference, but this is not to affect a purchaser or mortgagee for value with notice of its contents.
Clause 8. Clause 8 is extremely important. It provides that where any error, omission, or entry in the register is made or procured in pursuance of fraud or mistake, and is not capable of rectification under the principal Act (under which rectification is only possible in cases in which no subsequent dealing for value has taken place in reliance upon the register), the person suffering loss thereby is to be indemnified (not merely compensated, as in the Bill of 1895) out of in effect) the Consolidated Fund, with a provision that where the effect of the 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, he shall not be deprived of the land, but the register is to be rectified in accordance with the facts. Indemnity is to be given in all cases unless the person injured shall have caused or substantially contributed to the loss by his own act, neglect, or default.
The claim to indemnity is to be deemed a simple contract debt, and, for the purpose of the Statute of Limitations, the cause of action is to date from the time when the fraud or mistake is, or might but for default on the part of the claimant, have been discovered.
The registrar, if the applicant so desire, is to determine whether a
is deemed necessary in order to maintain the sanctity of the register, and to avoid any obligation on subsequent mortgagees who make inquiries outside the register. The question affects bankers rather than solicitors.
Clause 13. The Statute of Limitations is in future to apply to registered land, and this provision, especially in the case of a rectification of boundaries on a give-and-take line, or of a mortgagee in possession after the disappearance of the mortgagor (a state of circumstances often existing on building estates), will much facilitate business. The clause is in accordance with the recommendation of the Registration of Title Commission of 1857.
Clause 21. General rules and fee orders are to be made by the Lord Chancellor, with the advice and assistance of the registrar, a judge of the Chancery Division (to be chosen by the judges of that division), a representative of the Bar (to be chosen by the General Council of the Bar), a representative of solicitors (to be chosen by the council of this society), and a representative of the Board of Agriculture (to be chosen by that board). In the case of fee orders the concurrence of the Treasury is necessary, as it is also as regards fees chargeable in respect of land in a district in which registration of title is compulsory. The fees are to pay expenses and the annual contribution to the insurance fund, and no more. The scale only provides for the case of possessory titles-not for registration with absolute or qualified titles. The second schedule contains a list of fees for compulsory districts. They are to include all incidental costs-e.g., mapping and surveying where necessary.
No rules are to allow inspection of any entry in the register with respect to land, except by or under the authority of some person interested in the land or charge to which the entry refers.
Clause 22. Land is to include all hereditaments, corporeal and incorporeal, but the Bill is not to render compulsory the registration of the title to an incorporeal bereditament, or to mines and minerals apart from the surface, or to a lease baving less than forty years to run, or two lives yet to fall in, or to an undivided sbare in land, or to freeholds intermixed or undis tinguishable from lands of other tenure, or to corporeal hereditaments parcel of a manor and included in the sale of the manor as such.
Clause 23. The Bill, if it become an Act, is to come into operation on the 1st Jan. 1898.
Clause 24. The Bill is to become the Land Transfer Act 1897, and to be construed as one with the Act of 1875, the two being cited as “ The Land Transfer Acts 1875 and 1897.”
SCHEDULE I. The first schedule contains a list of minor amendments to, or interpre. tations of the Act of 1875, the principal ones being that in the absence of anything to the contrary in the register or transfer the word "land" includes mines and minerals if parcel thereof; that the directions as to land belonging to a married woman shall not apply to the case of any woman married on or after the 1st Jan. 1883, or to property settled to the separate use of a married woman ; that mines and minerals under registered land may be severed from the surface ; and that conditions (including any restrictive conditions capable of affecting assigns by way of notice) may be annexed to registered land at any time.
The amendments made in the Bill form a complete justification for the time bestowed and expense incurred by this society, with the assistance of the provincial societies, in bringing before the Lord Chancellor and Parliament the defects and inconveniences of the system established by the Act of 1875, and of all the Land Transfer Bills introduced during the last ten or twelve years, and for the steady ition offered to those Bills.
The Council are of opinion that the Bill prepared by Mr. Wolstenholme should be at once introduced into the House of Lords.
Incorporated Law Society, March 19, 1897.
Clause 14. The restriction on the registration of undivided shares and on the number of registered co-proprietors is abolished, and in future registered land may be described on the register, and the land certificate not only by plan, but also by " such further verbal particulars (if any) as the applicant for registration may desire, and the registrar, or the court, if the applicant prefer, may approve, regard being had to ready identification of parcels, correct description of boundaries, and so far as may be uniformity of practice.” In many, perhaps in the majority of, transactions no additional description will be needed, but in others the power will be found of great utility.
Clause 15. The evidence of title and the covenants for title which a purchaser of registered land may require are defined by clause 15, which is modelled on a similar clause in the Bill of 1895. The present clause, however, is much more carefully drawn, and appears to entitle a purchaser to suffcient information for his purpose, while it recognises that the evidence to be given, and the covenants to be entered into, must depend upon the nature of the title which the registered proprietor can transfer. Of course, this clause does not apply to charges.
Clause 16. In a district in which registration of title is not compulsory the registered proprietor may, with the consent of all persons appearing by the register to be interested, remove the land from the register.
Clause 17 Enacts the further amendments, chiefly verbal or of minor importance, of the Act of 1875, which are specified in the first schedule to the Bill.
Clause 18 Makes further provision for the registration of a County Council and purchasers from that body as proprietors of land under the Small Holdings Act 1892.
PART III. Part III. deals with the subject of compulsory registration of title and an insurance fund.
Clause 19. The Order in Council rendering registration of title compulsory is to be limited in its operation to any county or part of a county to be specified in it, and any order may be revoked or varied. No such order (except a revoking or varying order) is to be made until a draft of the proposed order has been communicated to the council of that county, and notice thereof has been advertised in the Gazette for at least six months before the order is to come into operation. The County Council, or any public body within the county, may petition against the proposed order, and the petition is to be heard by the Privy Council, the making of the order being in the meantime suspended.
The words “ public body” are taken from sect. 1, sub-sect. 2, of the Rules Publication Act 1893, and have always been understood to include an Incorporated Law Society. No special interpretation was thought necessary in that Act, and the Council do not think that one is required.
The Council are strongly of opinion that the provisions of this clause are unsatisfactory, and do not carry out the avowed intention of the Lord Chancellor that the measure should be tentative, and not be extended until a reasonable time has been given to test its working. They recommend that steps should be taken to obtain its amendment in the following respects :
(1) The area should be fixed by the Bill, as was done when compulsory registration of deeds was introduced in Middlesex and in Yorkshire. This would require that, before any extension of area was made, Parliament should be satisfied that such a step was desirable in the public interest. If this is not done, the Bill should limit the area to be included in the first order to one county or part of one county.
(2) The formation of a compulsory area (whether original or extended) should be upon the initiative, or at least with the consent, of the County Council, which, being elected in the county and conversant with its requirements, would seem peculiarly qualified to fulfil such a function.
(3) A period should be fixed-say, five years--for the original experi. ment, and no extension of the compulsory area should be made until after that period had elapsed.
Clause 20. This clause provides for the establishment of an insurance fund, the sufficiency of which is guaranteed by the Consolidated Fund, while the Consolidated Fund is to be recouped (if drawn upon) ont of money subse. quently standing to the credit of the insurance fund. The insurance fund is to be formed by an annual contribution out of the fees taken in the Land Registry, and not by a special fec. This has the merit of simplicity, and avoids some of the serious questions which would have arisen under the plan suggested in previous Bills as to the persons to whom and the extent to which the special insurance fund would have been available.
LAW WRITERS' PROVIDENT INSTITUTION. On Wednesday last Mr. Justice Kekewich presided at a very successful festival dinner held at the King's Hall, Holborn Restaurant, in aid of the “ Old Age Pension Fund” of this institution. Abont 230 gaests were present, including Mr. Justice Collins, Mr. John Hollams, and Messrs. L. L. Pemberton, T. H. Bolton, E. B. Charles, E. J. Stannard, Samuel Jones, W. H. Somerset Bell, Harry F. Witherby, Edward Wildey, George Barber, T. T. Hull, F. Starkey, James Terry, Henry Kendrick, Henry Peters, W. C. Crick, G. C. Basby, William Jones, Edmund Cox, W. H. Harwar, Helwin Musgrove, J. T. Smith, W. H. Fielding, C. F. Cox, A. Richardson, Kybert, J. W. Read, G. C. Curtis, J. J. Drysdale, J. J. Dellow, J. Phillips (president of the institution), E. H. Cox (treasurer), and J. Hollams (secretary). The Chairman stated that the object of the festival was to place the newly-constituted pension fund on a sound basis of prosperity.
Pensions had always been within the scope of the benefits assured to members of the institution, but until the end of 1895 they had been paid from the general funds of the institution. It was then thought wise to form a separate and special fund for pensions. The income of this fand had hitherto proved sufficient, but as a great number of the members were attaining an advanced age, there could be little doubt but that the calls upon the fund would materially increase. He therefore asked the Legal Profession to assist the fund, as all lawyers owed much to the law writers. In all grades of the Profession their services were constantly required and were constantly useful, and made legal matters much more convenient to conduct than would otherwise be the case. He thought, therefore, that an appeal to the Legal Profession to support this Pension Fund should strike home. The chairman's speech was very happily delivered, and elicited much enthusiasm. During the evening it was announced that the list of donations amounted to £230, the largest sum produced by any festival of the institution. As doubtless some gentlemen would like to augment this amount, for so worthy an object, it may be added that donations should be sent to the secretary, Mr. J. Holland, at 33, Chancery-lane.