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LEICESTER LAW SOCIETY. THE following resolution was unanimously passed by the committee of the above society on the 2nd April 1897 :
LAND TRANSFER BILL.—“That this society strongly object to the introduction of a compulsory system of land registration, on the ground that, if a satisfactory system practically superior to the present system were introduced, it would be voluntarily adopted without resort to compulsion." “ That this society contend that, if the Legislature decide to adopt a compulsory system of land registration, it should be of a strictly tentative or experimental nature, restricted to a limited area for a definite period; that compulsion should not be introduced into any part of a county without the consent of the county council for such county; and that the power of practising in the Land Registry for reward should be limited to solicitors.”
UNITED LAW SOCIETY. On Monday, the 5th inst., Mr. C. W. Williams in the chair, Mr. W. J. Boycott opened a debate on the motion, " That the decision of the Court of Appeal in Andrews v. Gas Meter Company Limited (1897) 1 Ch. 361) was wrong.” In the absence of Mr. A. C. F. Boulton, Mr. A. H. Richardson opposed on his behalf. Messrs. N. Tebbutt, S. E. Hubbard, and W. F. Symonds also spoke on the motion, and Mr. Boycott replied. The motion was eventually lost by one vote.
and to refer other points in connection with the title and the contract to the court for decision. The engrossment of the conveyance was sent to the vendors' solicitors on the 10th Dec. 1895 with some lithographed forms of declaration to be made by the witnesses to the deed in verification of the due execution of the conveyance as required by the registry. It appears that there is no statutory obligation on the part of the vendors to fill up and make these simple declarations, and the purchaser is therefore at the mercy of the vendor and his solicitors both as to compliance and costs. The vendors' solicitors demanded what we considered a most exorbitant fee for so doing, and we had the greatest trouble and delay in consequence of our refusal to submit. One firm of solicitors in this city, acting for two purchasers of parts of the same estate, was even less fortunate than our. selves, being compelled to pay to the vendors' solicitors £8 on each conveyance for supplying them with the necessary declarations, and it took no less than five months to effect the registration of the deeds; that is, nine months in all to finish the business. Our client's purchase was finally completed with the vendors at the end of April 1896, and we then had to employ our London agent to register the conveyance at the Land Registry. Although no time was lost on our side the requirements of the Land Registry were such that the registration was not completed until Aug. 1896, viz., about four months after the date of the completion, and twelve months from the date of the contract being signed. The fees payable to the registrar on registration and for searches amounted to £11 18s. 5d., and our agents' costs in connection with the registration were over £5 10s. It must be remembered that these payments are in addition to the stamp duty of
per cent. upon the amount of the purchase money and our own costs for investigating the title, preparing the conveyance, &c., which would have been the only charges in an ordinary conveyance. We are strongly of opinion there would be few titles now remaining upon the register if purchasers could readily remove them therefrom. We ourselves inquired what would be the cost of so doing, and received this significant reply from the office : “ The removal fee is double the registration fee.” This decided us to register our client's conveyance, but we very much regret that we did so, as we found when too late that the registration cost our client considerably more than the double fee for removal. The facts we have related must, we think, go a long way to prove that a system of official registration in exchange for that of private conveyance will not in the end be to the advantage of the general public. The solicitor may, it is true, have his own charges cat down to a vanishing point, but the purchaser will have to pay fixed official fees as high, or even higher, instead of charges which can always be made a matter of arrangement between himself and his solicitor, and he will exchange the despatch and privacy of the present system for the red-tapism, delay, and publicity of a Government office. Moreover, in cases where a purchase and mortgage are to be simultaneously effected, the delay, &c., may cause the greatest inconvenience and hindrance to borrower and lender alike. 8}, Waterloo-street, Birmingham.
SHUTE AND SWINSON.
HARDWICKE SOCIETY. The usual weekly meeting was held in the Inner Temple Lecture-hall, King's Bench Walk, on Friday, the 2nd April, at 7.30 p.m. Mr. R. S. Ghosh moved, and Mr. Chorley opposed, the following resolution : “ That International Bimetallism is practicable and desirable.” The motion was lost.—The next meeting after that of yesterday (the 9th April) will be held on the 30th April, at 7.30 p.m.
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.
Mr. G. R. ASKWITH has been appointed High Steward of the manor of the Savoy in the room of his Honour Judge Bristowe, deceased. Mr. Askwith was called to the Bar in 1886.
Mr. Hy. WILMOT WICKHAM ATCHLEY, of the firm of Atchley, Bristol, has been appointed a Commissioner for Oaths. Mr. Atchley was admitted in Jan. 1889.
Mr. G. R. H. STRINGER, solicitor, of High-road, Willesden Green, N.W., has been appointed a Commissioner for Oaths. Mr. Stringer was admitted in March, 1891.
Mr. H. BERTRAM O. PEMBERTON, solicitor, of 57, Temple-row, Birmingham, and at Coleshill, has been appointed a Commissioner for Oaths. Mr. Pemberton was admitted in 1890.
Mr. ARTHUR HEIRON, of 21, Lime-street, has been appointed a Com. missioner for Oaths. Mr. Heiron was admitted in Jan. 1891,
COURT OF CRIMINAL APPEAL.--The quotation from the late Sir J. F. Stephen's “ History of the Criminal Law," contained in one of the notes in your issue of the 3rd inst., does not appear to represent the author's final opinion on the question of establishing a Court of Criminal Appeal. The work referred to was published in 1883. In his “General View of the Criminal Law,” 2nd edit., published in 1890, Sir J. F. Stephen recurs to the subject and says (p. 172): “Upon the question whether there ought to be an appeal in criminal cases there has been much discussion. I was at one time in favour of such an appeal. The Report of the Criminal Code Commission, of which I was a member, contained a recommendation of a scheme for such a court which I concurred in. Sub. sequent experience, however, has led me entirely to change my opinion, and to think that substantially the existing system cannot be improved, and that such defects as exist in it are the inevitable consequences of the nature of trial by jury or are easily removable.” He then states his reasons, based largely upon his own judicial experience, for this view, and concludes (p. 178): “I do not say that the present system might not be improved, though I should not myself think it worth while to try to do 80. I think it is true that a man ought not to be pardoned for being innocent. This anomaly may be set right by empowering Her Majesty to set aside a verdict on the express ground of the convict's innocence. I think the Secretary of State might have power, if he thought proper, to compel the attendance of witnesses who might be sworn and crossexamined. I do not attach much importance to this. Evidence can now be taken by statutory declaration, which is much the same as an oath. When new evidence is discovered, or where perjury is suspected, or where verdicts have been delivered, I would allow the Secretary of State to direct a new trial.”
CORRESPONDENCE. This department being open to free discussion on all Professional topics, the Editor
does not hold himself responsible for any opinions or statements contained in it.
LAND TRANSFER BILL.—That hardy annual the Land Transfer Bill being once more introduced into Perliament, the question of the advantages or disadvantages of a system of registration under Government control over the present method of private conveyance becomes of interest not only to the Legal Profession but to the public at large. We presume that the supporters of the proposed change claim that vendors and purchasers will obtain the benefits of despatch and cheapness, which they assert are not enjoyed under existing practice. We think, therefore, our own personal experience quite recently of the working the Land Transfer Act 1862 may be interesting and instructive to all concerned in dealings with land. In Ang. 1895 a client of ours purchased by auction for a little less than £1700 a freehold farm situate in one of the Midland counties. The conditions showed that the estate had been registered with an indefeasible title under the Land Registry Act 1862, and we were therefore surprised to receive an abstract of title of twenty-one sheets. We afterwards found that we had more trouble in investigating the title than we should have had if it had not been registered, as all the deeds relating to the property were in the possession of the vendors, and, of course, had to be perused as in an ordinary sale and purchase, whilst in addition we were compelled to make searches at the Land Registry. It might be thought that a conveyance of land with a registered indefeasible title might be of a simple character, and that points such as might arise in an ordinary case which might necessitate the opinion of counsel could not exist. So far from such being the case, we were compelled for the protection of our client to have the draft conveyance settled by a judge in chambers,
SOLICITORS AND THE DIAMOND JUBILEE.—I was very glad indeed to
in the last issue of your paper, the able letter of Mr. Goodacre on the subject of the proposed celebration of Her Majesty's Diamond Jubilee by the solicitors of England. I am only surprised that it did not form one of a series of letters from the leading members of the Profession. The omission of the names of the majority of the leading firms throughout the country makes it quite clear, to my mind, that the Victoria pension scheme is not one which commends itself to the Profession at large. It seems to me that, before any such scheme was forced upon the Profession, some steps should have been taken to ascertain the views of those who were expected to subscribe. Had this been done the council would have been in a position to arrive at some decision based upon the views of the majority. Personally I should prefer, as Mr. Goodacre says, a portrait of Her Majesty, painted by someone of note, to be hung up in the hall of the Society (not in the council chamber). This, I hope, would only absorb a very small portion of the amount which would be subscribed,
We might then have a marble bust to be placed in the library to replace the plaster casts which have hitherto been considered good enough for the members of our profession. Another idea which occurs to me is that that portion of the building of the Incorporated Law Society from which ordinary members of the society have for so long been excluded, should, instead of being monopolised by the Law Club, be thrown open to all the society's members. The conversion of these premises into a common room for members of the Incorporated Law Society would be a dedicatory act which, I am sure, would be appreciated by London and country members alike. If my suggestion could be adopted, I should ask that Mr. Goodacre's proposed portrait of Her Majesty should be transferred to the common room instead of being placed in the hall. It may be argued by some that a common room would only benefit those members of the Profession who are also members of the Incorporated Law Society. This, no doubt, would be so, but the remedy is obvious. Let members the Profession who are not members of the society become so at once. I shall certainly not join with the handful of my professional brethren in forming a pension fund as suggested. The Solicitors' Benevolent Society is quite capable of coping with such questions, and I am prepared to support that institution in its present form ; but to contribute to a scheme of which I do not approve, and in which, as I point out, the Profession have not had a “ say,” is a thing I cannot and will not do, even at the desire of the council of the Incorporated Law Society. PRO LEGE ET GREGE.
vice-chairs were occupied by Mr. A. M. Ingledew and Mr. Walter Scott. The hon, secretaries were Mr. Trevor E. Harris and Mr. A. E. S. Thomas, The loyal toasts having been honoured, the “Bench and Bar” was submitted by Mr. Mackintosh, and responded to with some humorous remarks by Judge Owen. Mr. Arthur Lewis also replied. In proposing the “Incorporated Law Society," Mr. Sankey facetiously suggested that there should be a close time for, say twenty years, for lawyers and barristers, and no one should be admitted or called during that period. They might also exclude those from practice who were for over seventeen years standing, say from 1880. Responding to the toast, Mr. T. H. Stephens said the society had been of great service to the Profession, and spoke in high terms of the officers of the society. Mr. Walter Scott, an ex-president, who also responded, said one thing their society had done in conjunction with others, was to obtain a postponement of the proposed County Court rules. It was true that they had not done much for the students' society, but he could assure them that if there was any way in which they could assist they would be only too glad to do so. They had, however, been able to adopt a suggestion of Mr. A. M. Ingledew's, and offer a prize for competition among the Cardiff students. They could not afford to pay lecturers yet, but they might even be able to do that in the future. The Chairman submitted “The Students' Society," and in doing so said he wished to thank members of the Bar and solicitors for attending that dinner and showing their sympathy with the society. It was, he thought, a kindly act. He looked upon that society as an honest attempt by law students to give themselves education in their profession, and to supply a deficiency in what he thought was a faulty system of education for both the Bar and solicitors. It was difficult to suggest any other system, but he greatly doubted if solicitors could pass their final a fortnight after the exami. nation. He counselled them not to be ambitious in their discussions, but to deal with practical questions of practical law, which would be useful to them in after life. He advised them also to consult old authorities, for although people said there was nothing in law, there was a good deal of common sense in law if they knew where to look for it. He concluded with the hope that they would all live to see the Cardiff new law courts finished. Mr T. E. Harris (hon. secretary) and Mr. W. J. Board (deputy town clerk) responded ; and “ The Chairman," proposed by Mr. J. P. Ingledew, concluded the toast list.
LLANEILY.-At a meeting of this society, held on Wednesday, the 31st ult., Mr. E. Northmore Jones, barrister-at-law, delivered a lecture on “International Law in Relation to War.” Mr. T. J. Williams, B.A., presided.
NOTES AND QUERIES. None are inserted unless the name and address of the writer are sent, not necessarily.
for publication, but as a guarantee of bona fides.
Answers. (Q. 29.) COVENANT.--The assignment should have been executed by the purchaser E. F. on completion, and it would appear that it is now too late, as there is no remedy at law for the absence of such execution. The personal representatives would however, in requesting the present purchaser to execute the deed, be only acting in accord with a practice which is unquestionably correct. If the purchaser will not subscribe to the deed, he will not thereby avoid liability under the covenants so long as he accepts the benefit of them. See Wilson v. Leonard, 3 Beav. 173; Webb v. Spicer, L. Rep. 13 Q. B. 886; Witham v. Vane, 44 L. T. 718; Bowes v. Law, 9 Eq. 636. It is considered that on a summons for specific performance G. H. would have no ground for reply. See alsa Dart's Vendor and Purchaser.
THE COURTS AND COURT PAPERS.
LAW STUDENTS' JOURNAL.
HIGH COURT OF JUSTICE. EASTER VACATION
During Easter Vacation all applications which may require to be immediately or promptly heard, are to be made to the Hon. Mr. Justice Cave.
Mr. Justice Cave will act as Vacation Judge from Thursday, the 15th April, to Monday, the 26th April, both days inclusive. His Lordship will sit in Queen's Bench Judges' Chambers on Thursday, the 22nd April, at 11 a.m., for the disposal of urgent Queen's Bench summonses. On other days, within the above period, applications in urgent matters may be made to his Lordship by post or personally, in which latter case the applicant should proceed to Sutton by the London, Brighton, and South Coast Railway, and thence by cab to Woodmansterne.
In any case of great urgency, the brief of counsel may be sent to the judge by book post, or parcel, prepaid, accompanied by office copies of the affidavits in support of the application, and also by a minute, on a separate sheet of paper, signed by counsel, of the order he may consider the applicant entitled to, and also an envelope capable of receiving the papers, addressed as follows:-“ Chancery Official Letter: To the Registrar in Vacation, Chancery Registrars' Chambers, Royal Courts of Justice, London, W.C.”
On applications for injunctions, in addition to the above, a copy of the writ, and a certificate of writ issued, must also be sent.
The papers sent to the judge will be returned to the Registrar. Chancery Registrars' Chambers, Royal Courts of Justice, March 1897.
STUDENTS' SOCIETIES. BRADFORD.-A meeting of this society was held at the West Riding Court, Bradford, on Wednesday, the 24th alt., Mr. W. I. Crabtree presiding. The subject for debate was, “ Should the case of Lavery v. Pursell (58 L. T. Rep. 846 ; 39 Ch. Div. 508) be reversed on appeal ?” Mr. Mr. J. W. Perkins opened on behalf of the affirmative, being supported by Mr. H. M. Dawson. He was opposed by Mr. H. Hammond, who was seconded by Mr. C. H. J. Marsden. On the debate being thrown open, Messrs. Barraclough, Gregory, Dunn, Foster, Suddards, and Purnell also spoke. After the leaders had replied, the Chairman summed up, and, a vote being taken, the affirmative were successful by a majority of four.
BURNLEY AND DISTRICT.-On Thursday, the 1st April, the members of this society met for the twelfth ordinary meeting in Cronkshaw's Hotel. Mr. J. C. Pollard, solicitor, presided, and there were also present Messrs. R. Baldwin, A. L. Garnett, T. B. Nowell, T. E. Rodgers, LL.B. (solicitors), H. Collinge, H. Ogden, J. K. Pickup (secretary), T. Snowden, W. F. Sutcliffe, and Lawson Taylor (articled clerks). The subject for discussion
“ That the case of Pletts v. Beattie in the Appeal Court was rightly decided.” Mr. H. Ogden argued for the affirmative, and quoted Stallard v. Marks (38 L. T. Rep. 566 ; L. Rep. 3 Q. B. Div. 412); Stuchbery v. Spencer (55 L. J.); Household Fire Insurance Company v. Grant (40 L. T. Rep. 426; 4 Ex. Div. 216); Bennett v. Cosgrif (38 L. T. Rep. 176) ; Newcombe v. De Roos (29 L. J. 4). Mr. T. Snowden argued for the affirmative, and cited Taylor y. Jones (34 L. T. Rep. 131 ; 45 L. J. 110); Pletts v.
Campbell, (2 Q. B. 229; Chitty, p. 157); Blackburn on Sales, p. 281; Stretch v. White; Calcutta Company v. De Mattos (10 L. T. Rep. 246 ; 32 L. J. Q. B.); Cusack v. Robinson (4 L. T. Rep. 506; 30 L. J. Q. B.); Acraman v. Morrice (19 L. J). On the debate being declared open, Messrs. Baldwin, Garnett, Nowell, Rodgers, LL.B., W. F. Sutcliffe, and L. Taylor spoke. The Chairman then called on Mr. Ogden to reply, after which he delivered an excellent summing up. The question was decided in the affirmative by a majority of two.
CARDIFF.-His Honour Judge Owen'presided at the Royal Hotel on the 1st inst. at the annual dinner of the Cardiff and District Law Students' Debating Society, an association recently formed in Cardiff, and one which has, even during its short existence, proved of great benefit to young members of the Profession in the locality. Supporting his Honour were Mr. Arthur Lewis, Mr. Baillhache, Mr. J. Sankey, Mr. Douglas Lewis, Mr. Bertram (South Wales Circuit), Mr. T. H. Stephens (official receiver), Mr. J. P. Ingledew, Mr. T. H. Belcher, Mr. W. H. Lewis, Mr. Orr (deputy official receiver), Mr. W. P. James (high bailiff), Mr T. R. Richards, and the majority of the legal practitioners of the town. The
THE BANKRUPTCY ACT 1883.
Board of Trade, March 31, 1897. THE Board of Trade, in virtue of the powers conferred upon them by the 153rd and 154th sections of the Bankruptcy Act 1883, and with the con. currence of the Treasury, have as from the date of this notice abolished the offices of Official Assignee, Provisional and Official Assignee of the Estates and Effects of Insolvent Debtors, and Receiver of the Insolvent Debtors' Court, hitherto held by Mr. Peter Paget, and the office of Messenger in Bankruptcy, hitherto held by Mr. John Charles Austin ; and they have appointed Mr. Edwin Leadam Hough, one of the Official Receivers in Bankruptcy attached to the High Court, to perform the remaining duties of the offices of Official Assignee, Provisional and Official Assignee of the Estates and Effects of Insolvent Debtors, and Receiver of the Insolvent Debtors' Coart.
The Board of Trade have further ordered that the said Mr. Edwin Leadam Hongh shall, instead of the said Mr. Peter Paget, be the Official Receiver appointed for the district of the High Court to perform the duties of Trustee in the cases named in sections 160 and 161 of the Bankruptcy Act 1883, and, where a special order to that effect is made, to perform the duties of Trustee under section 159 of the Bankruptoy Act 1883.
COURT OF APPEAL, AND HIGH COURT OF JUSTICE (CHAN.
CERY DIVISION).-HILARY SITTINGS 1897. ROTA OF REGISTRARS IN ATTENDANCE FOR THE WEEK ENDING
Monday. Tuesday. Wednesday. Thursday. APPEAL CT. II. Carrington...... Jackson Carrington...... Jackson NORTH, J.
Ward ............ Pemberton...... Ward .............. Pemberton KEKEWICH, J.
The Easter Vacation will commence on Friday, the 16th day of April 1897, and terminate on Tuesday, the 20th day of April 1897, both days inclusive.
Appointment of Official of Court to be Judicial Trustee. 7.-(1.) Where an official of the court is appointed judicial trustee, the official solicitor of the court shall (subject to the provisions herein after contained in rules thirty, thirty-one, and thirty-two) be so appointed, unless, for special reasons, the court directs that some other official of the court should be so appointed.
(2.) Any official of the court appointed to be a judicial trustee shall, on his ceasing to hold office, cease to be such a trustee without any formal resignation.
(3.) Where an official of the court is judicial trustee, any trust property vested in or held by him, shall be vested in and held by him under his official title and not in his own name.
(4.) Where an official of the court appointed to be a judicial trustee of a trust dies, or ceases to hold office, his successor in office shall, unless the court otherwise direct, become judicial trustee of the trus
without any order of the court or formal appointment, and the trust property shall, without any conveyance, assignment, or transfer, in such a case become vested in the successor as it was vested in his predecessor in office.
8. Where & judicial trustee, who is sole trastee of the trust, dies or ceases to hold office, the court may, if a new trustee is not appointed in his place, and it appears to be expedient in the interests of the trust to appoint a new trustee, appoint an official of the court to be judicial trustee of the trust, either with or without an application for the purpose.
JUDICIAL TRUSTEE RULES. DRAFT OF PROPOSED RULES UNDER THE JUDICIAL TRUSTEES
ACT 1896. 1. The following Rules may be cited as the Judicial Trustee Rules 1897, and shall apply as far as practicable to all matters and proceedings under the Judicial Trustees Act 1896 (in these Rules called the Act), and shall come into operation on the commencement of the Act.
Appointment of Judicial Trustee. 2. An application to the court to appoint a judicial trustee shall, (a) if not made in a pending cause or matter, be made by originating
summons; and (b) if made in a pending cause or matter, be made as part of the relief
claimed, or by summons in the cause or matter. 3.-(1.) The summons shall be served, (a) where the application is made by or on behalf of a trustee, on the
other trustee (if any); and (b) where the application is made by a beneficiary, on the trustees
(if any), and in either case on such (if any) of the beneficiaries as the court directs.
(2.) Where the application is made by or on behalf of a person creating or intending to create a trust, the summons, subject to any direction of the court, need not be served on any person.
(3.) The court may give any directions it thinks fit, either dispensing with the service of the summons on any person on whom it is required to be served under this rule, or requiring the service of the summons on any person on whom it is not required to be served under this rule.
4.-(1.) Where an application is made for the appointment of a judicial trastee by originating summons, the applicant must, when he takes out the summons, supply for the use of the court a written statement signed by him containing the following particulars so far as he can gain information with regard to them :(a.) A short description of the trust and the instrument by which it is,
or is to be, created : (6.) If a person is nominated as jadicial trustee, the name and address
of the person nominated, and short particulars of the reasons
which lead to his nomination; (c.) If a person is nominated as judicial trustee, a statement whetber it
is proposed that the person nominated should be remunerated
or not; (d.) Short particulars of the trust property, with an approximate
estimate of its income, and capital value ; (e.) Short particulars of the incumbrances (if any) affecting the trust
property; <f.) A statement whether it is proposed that the jadicial trustee should
be a sole trustee, or should act jointly with other trustees ; (9.) Particulars as to the persons who are in possession of the docu
ments relating to the trust; (h.) The names and addresses of the beneficiaries and short particulars
of their respective interests ; (i.) Any exceptional circumstances specially affecting the administration
of the trust. (2.) An affidavit by the applicant verifying the statement shall be sufficient primâ facie evidence of the particulars contained in the statement.
(3.) Where the applicant cannot gain the information necessary for making the required statement on any point, he must mention the fact in his statement.
5.-(1.) The court shall not be precluded by any existing practice as to the appointment of trustees from appointing any person to be a judicial trustee by reason of that person being a beneficiary, or relation, or husband or wife, of a beneficiary, or a solicitor to the trust or to the trustee or any beneficiary, or a married woman, or standing in any special position with regard to the trust.
(2.) A person may be appointed to be a judicial trustee of a trust although he is already a trustee of the trust.
6. On the appointment of any person to be judicial trustee the court shall make such vesting or other orders and exercise such other powers as may be necessary for vesting the trust property in the judicial trustce either as sole trustee or jointly with other trustees as the case requires.
Administration of the Trust. 9.-(1.) A judicial trustee must, unless in any case the court consider that it is unnecessary, as soon as may be after his appointment, furnish the court with a complete statement of the trust property, accompanied with an approximate estimate of the income and capital value of each item.
(2.) When the trust property is varied, increased, or decreased, the judicial trastee must, as soon as may be, give the court such information with regard thereto as will be sufficient to make the statement of the trust property correct for the time being.
10.-(1.) A judicial trustee, if not an official of the court, must give security to the court for the due application of the trust property, unless the court dispenses with security under this rule.
(2.) The court may in any case dispense with security on the application of any person appearing to the court to be interested in the trust, and shall do so where a judicial trastee is appointed on the application of a person creating or intending to create a trust, and that person desires that security should be dispensed with, unless for special reasons the court consider that security is in such a case necessary or desirable.
(3.) The security must, unless otherwise directed by the court be given to the officer of the court by the bond of the trustee and some guarantee company or responsible person approved by the court.
(4.) If the court is satisfied that sofficient provision is made for the safety of the capital of the trust property, the amount of the security shall, in ordinary cases, be an amount exceeding by twenty per centum the income of the trust property as estimated by the court.
(5.) The court may at any time require that the amount or nature of the security given by a judicial trustee under this rule be varied, or that security be given where it has previously been dispensed with, and a judicial trustee shall comply with any such requirement.
(6.) Where security is not dispensed with, the appointment of a person to be judicial trustee shall not take effect until he has given the security required by the court under this rule.
(7.) Any premium payable by a judicial trastee to any guarantee company on account of his security may, if the court so directs, be paid out of the income of the trust property.
11.-(1.) When a judicial trustee is appointed, a separate account for receipts and payments on behalf of the trust must be kept in the name of the trustees at some bank approved by the court, and all title deeds and all certificates and other documents which are evidence of the title of the trustee to any of the trust property shall be deposited with that bank or in such other custody as the court directs.
(2.) The deeds or documents must be deposited in the names of the trustees, and the judicial trustee must give notice to the body or person with whom the deeds or documents are so deposited not to deliver any of them over to any person, except on a request signed by the judicial trustee and countersigned by the officer of the court, and also to allow any person authorised by the officer of the court in writing to inspect them during business hours.
(3.) The judicial trustee must deposit with the court a list of all deeds or documents deposited in any custody in pursuance of this rule, and must give information to the court from time to time of any variation to be made in the list.
(4.) Where a judicial trustee intends to sell any of the trust property vested in him, he must give notice of his intention to the court, and must also cause any money arising from the sale to be paid direct into the trust account of the trust at the bank.
(5.) The judicial trustee must, if at any time directed by the court, give an order to the bank at which the trust account is kept, not to pay at any one time any sum over a specified amount out of the trust account except on an order countersigned by the officer of the court.
(6) Any payments on account of the income of the trust property shall, if possible, be provided for by means of a standing order to the bank at which the trust account is kept, to pay certain sums to certain persons at certain dates.
(7.) The court shall give such directions to the judicial trustee as may be necessary for carrying into effect this rule, and also any other directions which may, in the opinion of the court, be necessary or expedient for securing the safety of the trust property.
(8.) Where an official of the court is judicial trustee, the court may direct that, instead of a separate account of the receipts and payments on behalf of the trust being kept at some bank approved by the court, all receipts on behalf of the trust may be paid to, and all payments on behalf of the trust may be made through, the Paymaster-General; and in that
(3.) A judicial trustee shall have an opportunity of being heard by the court before any order is made for the forfeiture of his remuneration or any part of it.
Removal and Suspension. 21.-(1.) The court may at any time, either without any application or on the application of any person appearing to the court to be interested in the trust, suspend a judicial trustee, if the court considers that it is expedient to do so, in the interests of the trust, and a judicial trustee while suspended shall not have power to act as trustee.
(2.) When a judicial trustee is suspended the court sball cause notice to be given to such of the persons appearing to the court to be interested in the trust as the court directs, and also to the persons having the custody of the trust property.
22.-(1.) The court may, either without any application or on the application of any person appearing to the court to be interested in the trust, remove a judicial trustee if the court considers that it is expedient to do so in the interests of the trust.
(2.) Any application to remove a judicial trastee must be made by
(a) such an account of those receipts and payments shall be kept as the
Treasury direct; and (6) these rules shall apply, so far as applicable, to the Paymaster-General,
as they apply to a bank approved by the court. 12. A judicial trustee must pay all money coming into his hands on account of his trust without delay to the trust account at the bank, and if he keeps any such money in his hands for a longer time than the court considers necessary, shall be liable to pay interest upon it at such rate not exceeding five per centum as the court may fix for the time during which the money remains in his hands.
13.-(1.) A judicial trustee may at any time request the court to give him directions as to the trust or its administration.
(2.) The request must be accompanied by a statement of the facts with regard to which directions are required.
(3.) The court may require the trustee or any other person to attend at chambers if it appears that such an attendance is necessary or convenient for the purpose of obtaining any information or explanation required for properly giving directions, or for the purpose of explaining the nature of the directions.
14. The court, if satisfied that there is no reasonable doubt of any fact which affects the administration of a trust by a judicial trustee, may give directions to the judicial trustee to act without formal proof of the fact.
Accounts and Audit. 15.-(1.) The court shall give directions to a judicial trustee as to the date to which the accounts of the trust are to be made up in each year, and shall fix in each year the time after that date within which the accounts are to be delivered to it for audit.
(2.) The accounts shall in ordinary cases be audited by the officer of the court, but the court, if it considers that the accounts are likely to involve questions of difficulty, may refer them to a professional accountant for report, and order the payment to him of such amount in respect of his report as the court may fix.
16.-(1.) The accounts of any trust of which there is a judicial trustee, with a note of any variations or surcharges made upon the audit, shall be filed as the court directs.
(2.) The court shall canse a copy of the accounts or, if it thinks fit, of a summary of the accounts, of the trust to be sent to such beneficiaries or other persons as the court thinks proper.
(3.) The court may, if it thinks fit, having regard to the nature of the relation of the applicant to the trust, allow any person applying to inspect the filed accounts so to inspect them on giving reasonable notice to the officer of the court.
17. A judicial trustee shall, unless the court otherwise directs, be allowed on the audit of his accounts deductions made on account of his remuneration and allowances under these rules and also on account of the fees paid by him under these rules, but shall not be allowed any deduction on account of the expenses of professional assistance, or his own work or personal outlay, unless the deduction has been authorised by the court in pursuance of the act.
Remuneration and Allowances. 18.-(1.) Where a judicial trustee is to be remunerated, the remuneration to be paid to him shall be fixed by the court, and may be altered by the court from time to time.
(2.) In fixing the remuneration regard shall be had to the duties entailed upon the judicial trustee by the trust.
(3.) The court may make, if it thinks fit, special allowances to judicial trustees for the following matters, to be paid out of the trust property(a) for the statement of trust property prepared by a judicial trustee
on bis appointment, an allowance not exceeding ten guineas ; (b) for realising and investing trust property, where the property is
realised for the purpose of reinvestment, an allowance not exceeding one and a half per centum on the amount realised and
reinvested. (c) for realising or investing trust property in any other case, an
allowance not exceeding one per centum on the amount realised
or invested. (4.) The court may also in any year make a special allowance to a judicial trustee, if satisfied that in that year more trouble has been thrown upon the trustee by reason of exceptional circumstances than would ordinarily be involved in the administration of the trust.
(5.) Where a trustee is remunerated, any allowance under this rule may be paid in addition to his remuneration.
(6.) Any remuneration or allowance payable to a judicial trastee shall be paid or allowed to him at such times and in such manner as the court directs.
19. Where an official of the court is appointed to be a judicial trustee, any remuneration, allowances, or other payments payable to him on account of his services as trustee shall be paid, accounted for, and applied in such manner as the Treasury direct.
20.-(1.) If the court is satisfied that a judicial trustee has failed to comply with the Act, or with these rules, or with any direction of the court or officer of the court made in accordance with the Act or these rules, or has otherwise misconducted himself, the court may order that the whole or any part of the remuneration of the trustee be forfeited.
(2.) This rule shall not affect any liability of the judicial trustee for breach of trust or to be removed or suspended.
(3.) A judical trustee shall not be removed by the court without an application for the purpose, except after notice has been given to him by the court of the grounds on which it is proposed to remove him, and of the time and place at which the matter will be heard.
(4.) The court shall cause a copy of the notice to the trustee to be sent to such of the persons appearing to the court to be interested in the trust as the court directs, and the same procedure shall be followed in the matter so far as possible as on a summons to remove a judicial trustee.
23. Where an inquiry into the administration by a judicial trastee of any trust, or into any dealing or transaction of a judicial trustee is ordered, the inquiry shall, unless the court otherwise directs, be conducted by the officer of the court, and he shall have the same powers in relation thereto as he has in relation to any other inquiry directed by the court.
Resignation and Discontinuance of Judicial Trustee. 24.-(1.) If a judicial trustee desires to be discharged from his trust he must give notice to the court, stating at the same time what arrangements it is proposed to make with regard to the appointment of a successor.
(2.) The court shall give facilities for the appointment on a proper application of an official of the court to be judicial trustee in place of a judicial trustee who desires to be discharged, in cases where no fit and proper person appears available for the office, or where the court considers that such an appointment is convenient or expedient in the interests of the trust.
25.-(1.) Where there is a judicial trustee of a trust, the court may at any time, on the application made by summons of any person appearing to the court to be interested in the trust, order that there shall cease to be a judicial trustee of the trust, whether the person who is judicial trustee continues as trustee or not.
(2.) If the court is satisfied that all the persons appearing to the court to be interested in the trust concur in an application under this rule, the court shall accede to the application, and in any case shall ascertain as far as may be the wishes of those appearing to the court to be interested in the trust with regard to the application.
(3.) Where an order is made under this rule, the court shall make all such orders as may be necessary for carrying it into effect, and where in pursuance of any such order a new trustee is appointed in the place of an official of the court, shall make all such vesting or other orders and exercise all such other powers as may be necessary for vesting the trust property in the new trustee either as sole trustee or jointly with other trustees as the case requires.
Special Trusts. 26.-(1.) Any person who is an executor or administrator may be appointe a judicial executor or administrator for the purpose of the collection and distribution of the estate of a deceased person in the same manner and subject to the same provisions as a person may be appointed judicial trustee of a trust.
(2.) Where an administrator has given an administration bond he shall not be required to give security as a judicial administrator under these rules.
27.-(1.) A judicial trustee shall not be appointed or act as trustee for any incorporated or unincorporated company, for any club, or for any debenture holders, or other persons or class of persons in their capacity as members of or being in any other relation to such a company or club.
(2.) Where the circumstances of any trust of which an official of the court is a judicial trustee, or of which it is proposed to appoint an official of the court to be a judicial trustee, involve the carrying on of any trade or business, special intimation of the fact shall be given to the court either by the judicial trustee or by the person making the application for the appointment of the judicial trustee, as the case may be, and the court shall specially consider the facts of the case with a view to determining whether the official of the court should continue or be appointed as judicial trustee, and whether any special conditions should be made or directions given with a view to ensuring the proper supervision of the trade or business.
Exercise of the Powers of the Court. 28. For the purpose of the Act or these rules the officer of the court may exercise any power which may be exercised by the court (including the power of making an order for the appointment of a judicial trustee or making any vesting order), may peform any duty to be performed by the court, and may hear and investigate any matter which may be heard or investigated by the court, subject in any case to the right of any party to bring any particular point before the judge.
amending those rules, so far as they relate to a Palatine Court, as one with the rules of that court, and so far as they relate to the County Court, as one with the County Court Rules, 1889, and any rules amending those rules.
36. The Interpretation Act 1889 shall apply for the purpose of the interpretation of these rules as it applies for the purpose of the interpretation of an Act of Parliament.
29.-(1.) It shall not be necessary to take out a summons for any purpose under the Act or these rules, except in cases where a summons is required by these rules, or where the court directs a summons to be taken out.
(2.) Where a judicial trustee desires to make any application or request to the court, or to communicate with the court as to the administration of the trust, he may do so by letter addressed to the officer of the court without any further formality.
(3.) The court may give any direction to a judicial trustee with regard to the administration of the trust by letter signed by the officer of the court, and addressed to the trustee without drawing up any order or formal document.
(4.) For the purpose of the attendance at chambers of the judicial trustee or any other person connected with the trust for purposes relating to the administration of a trust, the officer of the court may make such appointments as he thinks fit by letter without the service of formal notices.
(5.) Any document may be supplied for the use of the court by leaving it with, or sending it by post to, the officer of the court.
District Registries. 30.-(1.) An originating summons under these rules, for the purpose of an application to appoint a judicial trustee, may be sealed and issued in a district registry, and appearances thereon may be entered in that registry.
(2.) Where a judicial trustee of a trust is appointed on an originating summons taken out in a district registry, or an application in any cause or matter pending in a district registry, all proceedings with respect to the trust and the administration thereof under the Act or these rules shall, unless the court otherwise directs, be taken in the district registry.
(3.) Where proceedings under the Act or these rules are taken in the district registry, the official of the court to be appointed judicial trustee where an official of the court is to be so appointed, shall not be the official solicitor, unless the court for special reasons otherwise directs.
(4.) For the purpose of the Act and these rules the court may transfer any trust of which there is a judicial trustee from a district registry to London, or from London to a district registry, according as it appears convenient for the administration of the trust.
£ s. d. 1. In respect of any thing or matter for which a fee is pro.
vided under the orders in force for the time being with The fee so regard to Supreme Court, Palatine Court, or County Court provided.
fees, as the case may be In respect of any communication from the court with regard to the administration of the trust
0 2 6 But where any particular matter with respect to the adminis
tration of the trust involves prolonged correspondence, the fees charged for communication with regard to that matter shall not exceed
1 5 0 For filing the statement of the trust property
0 10 0 For filing any alteration in the statement
0 5 0 For filing the accounts of the trust...
0 5 0 For filing any other document relating to the trust
02 For auditing the accounts of the trust when audited by the
officer of the court, for every £100 or fraction of £100 of the gross amount received as income of the trust without deducting any payments
0 1 0 A fee equal
to the For auditing the accounts of the trust when not audited by
amount an officer of the court
paid to the
auditor. For every correction of the accounts or surcharge
0 5 0
Information was received in Stockport on Monday last week from the Colonial Office stating that the Hon. EDWARD BRUCE HINDLE, Chief Justice of Sierra Leone, had died suddenly. He was the eldest son of Mr. John Hindle, printer, of Stockport, and was born iu 1851. He was educated at Stockport Grammar School and Owens College, Manchester, and was called to the Bar in 1879 at the Middle Temple. Nine years later he went to the Gold Coast Colony as District Commissioner. He was appointed District Commissioner at Accra, Sheriff and Queen's Advocate of the Gold Coast in 1889, and was Acting Colonial Secretary for a few months in 1892. He was appointed Chief Justice of Sierra Leone in 1896.
Mr. FREDERICK KELLOCK, solicitor, Totnes, died on the 31st ult. at his residence, The Plains, Totnes, after a short illness, from heart disease. Mr. Kellock held the office of clerk to the charity trustees for over thirty years. For some years he was lieutenant in command of the volunteer corps in the town. Mr. Kellock was greatly esteemed by all classes. He was admitted a solicitor in 1855.
Palatine Courts. 31.-(1.) These rules shall apply to a Palatine Court as respects trusts within the jurisdiction of that court.
(2.) Where proceedings under the Act or these rules are taken in the Palatine Court, the official of the court to be appointed judicial trustee where an official of the court is to be so appointed, shall not be the official solicitor, unless the court for special reasons otherwise directs.
County Courts. 32.-(1.) For the purpose of the Act and these rules the County Court jurisdiction shall extend to any trust in which the trust property does not exceed in value five hundred pounds, as if that jurisdiction had been given under section sixty-seven of the County Courts Act 1888, but that jurisdiction shall be exercised only in such County Courts as for the time being have bankruptcy jurisdiction.
(2.) Where the district of any County Court, or any part of such a district, is attached for the purpose of bankruptcy jurisdiction to some court other than the County Court of the district, that district or part shall be attached to the same court for the purpose of jurisdiction under the Act and these rules.
(3.) Where proceedings under the Act or these rules are taken in the County Court, the official of the court to be appointed judicial trustee, where an official of the court is to be so appointed, shall not be the official solicitor, unless the court for special reasons otherwise directs.
(4.) In the County Court(a) any application, which under these rules is to be made by originating
summons, shall be made by plaint; and (6) any application which is to be made, or proceeding which is to be
taken, under these rules by means of an ordinary summons, shall be made or taken by petition.
Fees. 33.-(1.) The fees mentioned in the schedule to these rules shall be paid in respect of the matters therein mentioned.
(2.) The fees paid by a judicial trustee may be deducted out of the income of the trust property unless the court otherwise directs.
(3.) All fees payable under these rules in the High Court, Palatine Court, or County Court shall be subject to similar provisions as to payment, account, and application as other fees payable in those courts respectively,
Officer of the Court. 34. In these rules the expression “ officer of the court” means(a) as regards proceedings in the High Court other than proceedings in
a district registry the Chancery master, that is to say, the master attached to the chambers of the judge of the Chancery
Division to whom the matter is assigned ; and (b) as regards proceedings in a district registry the district registrar ;
and (c) as regards proceedings in a Palatine Court, the registrar of that
court; (d) as regards proceedings in the County Court, the registrar of the County Court.
Supplemental. 35. These rules shall be construed, so far as they relate to the High Court, as one with the Rules of the Supreme Court, 1883, and any rules
Professional Partnerships Dissolved.
GAZETTE, APRIL 6. CRAWSHAW, JOSEPH, and CHATWIN, HERBERT FREEMAN, solicitors, 7, Bow-st, W.C.
April 2. Debts by J. Crawshaw. LINNETT, BENJAMIN FRANK, and BRYAN, LINDSAY EDWARD GEORGE, solicitors, 1,
Quality-ct, Chancery-la, W.C. March 31. Debts by B. F. Linnett.
GAZETTE, APRIL 2.
builder. Pet, March 31. Order, March 31. LEE, GEORGE FREDERICK, late Sydney-st, Chelsea, electrical engineer. Pet. March 30.
Order, March 30. MCKIM, JOHN LAING, Cannon-st, company promoter. Pet. Feb. 12. Order, March 27.
To surrender at their respective District Courts. ABSOLON. GEORGE, Lowestoft, farmer. Ct. Great Yarmouth. Pet. March 29. Order,
March 29, BALL, JAMES (also trading as Rushforth and Co.), Loughborough, lace dealer. Ct.
Leicester. Pet. March 29, Order, March 29. BARTON, FRANK CHARLES, and BARTON, WALTER (trading as Barton Brothers),
Newport, builders. Ct. Newport and Ryde. Pet. March 30. Order, March 30,