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Transfer of Land by Register.-Judgment Debtor's Assets. turally much larger than of that which is held

The points for discussion thus suggested in strict settlement; and, on the question of as relating to both cost and facility of dealtransfer, property held in ordinary settlement ing, Mr. Goodeve contends,-making allowbears, perhaps, a nearer approximation in its circumstances to a case of absolute ownership,

ance for those sudden or urgent occasions than to one of settlement. In fact, at the era of sale which brook no delay,—the whole piration of the particular interest, say, probably, question does, in the main, practically rethat of some antecedent tenancy for life, and solve itself into but one question—the questhe attainment of majority by the remainder- tion of cost. men, when the settlement itself virtually ends, land held in ordinary settlement resolves itself.

Doubtless, there may be instances in altogether, save in the article of subdivision, which, for some unexpected purpose, it might into land of which the ownership is absolute be convenient to the owner of land to rusk On the whole, however, so long as the settle with it into the market, and if the production ment lasts, there is, in this species of holding, of some registration Scrip' enabled him to acless tendency to transfer than under an abso" complish the sale, it is possible that this might lute proprietorship.

be effected with greater facility than it could “ It seems to follow that, applying the sys

under the present system. Even, in the case tem proposed to the occasions of transfer of put however, some delay would be likely to take the nature of sale, its benefits, in the main, place before the transaction could be finally would have to be sought in reference to the perfected, and, as matters now stand, what land held in absolute and unrestricted owner- would there be to prevent a bona fide owner ship, or in the proportion of approximation to from entering into any contract of sale howerer it, and would diminish in the ratio in which hurried, beyond the natural preventative of the the holding approaches either to property held case, that buyers are not ordinarily found for for corporate interests, or under a condition of land in such sudden emergencies. In truth, strict settlement."

though I have made the exception for the sake With these data the Author proceeds to that the instances would be too few bere to re

of theoretical accuracy, it may be conjectared investigate what are the occasions of trans- quire consideration. fer, and what is the extent of cost in rela- “On the other hand, it will be familiar to tion to them under the present system. those conversant with such matters, that in any The result, he says, will aid in ascertaining ordinary case of sale, the delay in its ultimate what, in the system for which the present completion not unfrequently lies at the door, is proposed to be changed, is the tendency not of the vendor but of the purchaser, and either to abridgment of that cost or to the this, perhaps, notwithstanding a penalty of a affording of increased facilities of transfer.

51. per cent. interest to which the condition of

his purchase exposes him." Using “ transfer ” in the broader sense adverted to above, that is, as embracing Treating then, Costs, as arising under every dealing effecting a new modification one or other of the two heads, Settlement of the ownership, the occasion of transfer or Sale, Mr. Goodeve inquires of what the will be found to range within one of two elements of cost under each head consist. leading classes.

And here it should be observed that, of “1. Settlement.-Including under the head cost itself, the component parts will be found

. testamentary disposition and the exercise of in the main, ranging under one or two heads, powers created by the instrument of settle-or the combination more or less of both of ment; and,

them, and these are, Ist, the costs of the in“2. Sale.—Including mortgage in the term. vestigation into and 'establishment of the title “There may be, indeed, occasional instances of the party proposing to transfer itself

, includin which a certain species of transfer may be ing as part of the latter, those accompanying requisite, and cost may be incurred in respect matters of cost which occasionally present of it, without substantial change in the owner- themselves, as, for instance, collateral coveship, as, for example, the appointment of new nants for the production of title-deeds and the trustees, the granting of leases, the bankruptcy like.” or insolvency of an existing owner, and so forth; but it is not necessary to make these a

Here we must pause for the present, and subject of distinct division, or separate consi. shall in the next or an early Number enter deration.

on the question of the saving of expense by “Whether it would be so under the new the proposed Register of Titles. system remains to be seen. At present, mere devolution, whether by the death intestate of an ancestor, or the termination of preceding

POWER OVER JUDGMENT interests, now creates no occasion for any spe

DEBTOR'S ASSETS. cific act of transfer, and involves no cost. The mere act of taking possession is the completion of the title, and this is done wholly irrespec- Common Law Procedure Act, 1854, is de

AMONGST the various works on the tive of legal assurance of legal cost.

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Power over. Judgment Debtor's Assets.

163 by Mr. Philips, the Special Pleader, who notice of the order, as therein directed, will has appended to several of the Sections a deprive the debtor of any power of dealing with concise and useful commentary. We select, the debt attached, so as to defeat the right of for the present, his notes on that part of the judgment creditor, and will render a paythe Act which authorises the examination In bankruptcy, setting apart questions of

ment to the debtor by the garnishee invalid. of a judgment debtor as to the debts due to fraudulent preference, collusion, and procurehim (s. 60), and enables a judge to order ment, the attachment, if it be made prior to an attachment on such debts (s. 61). After any act of bankruptcy, will, in case of a fiat stating these two sections, Mr. Philips re- issuing against the judgment debtor after such marks that

attachment, but before payment is enforced

from the garnishee, bind the debt notwith“Foreign attachment has long been one of standing the fiat; but it will be otherwise the most important customs of the city of where there is an act of bankruptcy prior to London. The principle is derived from the the attachment, although the judgment crecivil law, and the object of the proceeding has ditor has no notice of it, inasmuch as the title been briefly described to be to enable the of the assignees by relation will then prevail, creditor to attach the money, debts, or goods there being no provision that such attachment of his debtor in the hands of a third person, shall in that case be valid. Though the Bankand so deprive the owner of all control over rupt Law Consolidation Act, 1819, contains the subject of the attachment until he appears many provisions to protect bona fide transto answer the claims of his creditor, or until actions from the operation of the doctrine of the debt is satisfied.' Locke on Foreign Alo title by relation, there are none that appear tachments, p. 2. The present enactment, how- capable of being applied to an attachment under ever, though no doubt suggested by the cus- this section before payment is enforced against tom of foreign attachment, makes no reference the garnishee ; s. 133 of that Act renders valid, to it, or to the rules of any court in which the notwithstanding any prior act of bankruptcy, principle of it has been adopted, but simply all executions and attachments against the presents a new mode, complete in itself, of goods and chattels of any bankrupt bona fide enforcing satisfaction of judgments, in addi-executed and levied by seizure and sale before tion to the modes of execution at present pos- the date of the fiat or the filing of such petisessed by the Superior Courts of Common tion;' so that, even assuming, for the purpose Law. This proceeding by attachment is given of these observations, that a debt due to the only to creditors who have obtained judgment, bankrupt would be included in the expression and only against debts due to the debtors on 'goods and chattels,' as here used, the attachsuch judgments; the debt in respect of which ment does not, in the case referred to, come the order to attach is made being bound in the within the protection of the clause, so as to hands of the garnishee by the service of such bind the debt. It is scarcely necessary to oborder, or notice of it as directed, and payment serve, that the clause would apply precisely to by the garnishee to the judgment creditor being the case of an execution against the garnishee made enforceable by the proceedings detailed becoming bankrupt, made and levied by seizure in the sections that follow."

and sale before the fiat. On the 62nd section Mr. Philips observes

“ The case of insolvency stands on that the words “ Debts due or accruing to

different footing. The insolvency laws do the judgment debtor," comprise ascertained not, as is well known, adopt the principle of debts presently payable or becoming pay- prior to the vesting order under 1 & 2 Vict.

title by relation, though certain transactions able, and he refers to Shelton v. Mott, 6 c. 110, or the petition under the protection Esch. 231, where the words “due or grow- acts, are invalidated by express provisions

were held to include a debt directed against them; for example, the prothough not then payable. In that part of visions in those statutes as to voluntary prethe 62nd section which enacts that the ference, and as to executions on warrants of Judge's order “ shall bind such debts in his attorney, as to bills of sale, &c. There is nohands,” Mr. Philips says,

thing, however, in the Insolvency Acts above

referred to, to invalidate the effect of an attach“The ord 'bind,' as used in the statute ment obtained by a judgment creditor under 29 Car. 2, c. 3, s. 16, with reference to the writ this present statute, if made at any time prior of fi. fa., and its delivery to the sheriff, relates to the vesting order under 1 & 2 Vict. c. 110, to the debtor himself, so as to vacate any in- or the petition under the Protection Acts. termediate assignment made by him otherwise “ In Woodland v. Fuller, 11 Ad. & EI. 859, than in market overt; but the delivery of the on a judgment against T., there had been a writ to the sheriff does not change the pro- fi. fa. issued and lodged with the deputy (under perty in the goods. See per Patteson, J., in stat. 3 & 4 Will. 4, c. 42, s. 20), of the sheriff, Giles v. Grover, 1 Cl. & Fin. 74, et seq. ; 9 and a warrant issued by the deputy, and afterBing. 136, 137. The attachment under the wards, on the same day, a vesting order under above section, when effected by service or 1 & 2 Vict. c. 110, made, transferring the

estate of T., under which the assignee took · Published by Wm. G. Benning and Co. possession of T.'s property, which was after


ing due

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Power over Judgment Debtor's Assets. --Law of Attorneys. wards seized by the sheriff's officer, and it was “The question here is, whether the items held that the seizure was proper. It was con- which are here stated,—'attending to the tended, on behalf of the assignee, that the vest- registration of Lincolnshire in the year ing order was equivalent to a sale in market 1837; '—is a proceeding within a suit, or overt, but the Court decided otherwise; and Patteson, J., after stating that the delivery to

with a view to the suit, in a Court of Law or the deputy was a delivery to the sheriff, said, Equity? That is the question I have to con* that, however, does not change the property, sider in this case. nor, indeed, does the seizure do so (Giles v. “I am of opinion, though I do not know Grover); but the delivery does bind it, so that, whether it is necessary to come to a concluinto whosesoever hands it comes afterwards, it sion, that the Registration Court is not a is liable to be seized under the writ; the debt. Court of Law or Equity within the Statute. or may convey it away, but not so as to defeat I concur in an observation of Mr. Palmer, the right of the execution creditor.' And as that the mere fact of calling it a court, does to the argument as to sale in market overt, the same learned Judge observed that the statute, not make it a Court of Law or Equity. It is i. e. the Insolvent Debtors' Act, merely said a court of registration ; its object is not to that the order should have the effect of vest- determine rights between contending parties, ing, without carrying the transaction beyond but the rights of persons to exercise high the conveyance under the former Insolvent constitutional functions, and to ascertain Debtors' Act, that it got rid of no charge.” who are entitled to exercise these rights ;

and although many nice questions may LAW OF ATTORNEYS. arise, and although the rights as between

parties may have, incidentally, to be deterTAXATION OF BILL OF costs For BUSI- mined by the revising barrister, still there NESS IN THE REGISTRATION COURTS. is no suit or action between parties, though

A solicitor was employed in respect of one person claims a vote and another objects some election matters, and delivered his to it. The whole object is, to perfect and bill of costs, whereupon the client obtained make accurate the list of persons qualified an order of course for its taxation, alleging to exercise the functions of voters. It is that it did not contain any item for business easy to illustrate it thus :- In the court of done in either of the courts of law or equity. common council or of aldermen a question

The bill contained an item for attending and might arise, in which it might be necessary conducting the registration for the Lincoln to employ a solicitor, but that would not district of the part of Lindsey.

On a make them Courts of Law or Equity within motion to discharge the order, the Master the Statute. of the Rolls said, “I am of opinion that

“I am strengthened in this by the fact, the court has jurisdiction to order the tax- that there is no observation which has been ation of this bill. The Statute says, 'that made as regards the Registration Courts, in case no part of such business shall have which would not equally apply to the Court been transacted in any court of law or of Bankruptcy, and yet the Act specified equity,' the Lord Chancellor or the Master proceedings in bankruptcy or lunacy, which of the Rolls may order the taxation of a would be unnecessary if they were Courts bills.

of Law or Equity. Even if Registration “The only question is, whether, on the Courts were considered Courts of Law, still construction put on those words, the busi- it would be difficult to hold, that the obness mentioned in this case comes within jecting to a vote, or the defending the right the definition "business transacted in a to be on the list of voters, on behalf of a court of law.'

candidate, would be a proceeding either in “The first thing which strikes me, as it a suit or with a view to a suit on his part. did Lord Lyndhurst in re Gaitskell, Phill. I cannot distinguish this from the employ576, was the generality of these words, ment of a solicitor to go into Court and • business transacted in any court of law or

take a note of the proceedings in which the equity, Lord Lyndhurst says, 'it appears employer might be materially interested, that these words are borrowed from the and might consider of importance to him, Statute of Geo. 2, where they have been but to which he was no party. That would repeatedly the subject of judicial decision; not be a proceeding, either in a suit or with and the doctrine of all the cases is, that to a view to a suit. In that view, it is imposcome within the meaning of those words, sible to say, that this is a proceeding in the business must be some proceeding either a court of law or equity within the meanin a suit or with a view to a suit.' This is ing of the Statute. It is said that the Bill the key to the construction.

ought to be taxed at law, but this is merely





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Law of Costs.-Barristers Called.--Selections from Correspondence.

165 saying that it is taxable by a different James Cottingham, Esq. officer, on the same principles; and it is

Charles Parker Butt, Esq. admitted that there is no taxing officer

Leonard Stewart, Esq. in the Registration Court.

Charles Wethered Willett, Esq., M.A. “I was struck with the observation, that

Charles John Hill, Esq., B.A. the Bill delivered was not in a form fit

James Drummond Griffith, Esq., B.A.

Joseph Robert Monkhouse, Esq., B.A. for taxation; and although I must refuse Graham Hastings, Esq., B.A. this application with costs, it must be with- Francis Rowden, Esq., B.A. out prejudice to the right of Mr. Andrews Charles Plummer, Esq., B.A. to present a petition for leave to amend the Joseph Dacre, Esq., M.A. Bill delivered by him.” In re Andrews, 17 Beay, 510.

Nov, 17.

Mountstuart Elphinstone Grant Duff, Esq.,


Hans William Sotheby, Esq., B.A. PenDING a suit to remove the surviving

Henry Latham, Esq., B.A. trustee of a will, on the ground of misconduct,

Charles North, Esq., B.A.

John Dawson Mayne, Esq. and for the appointment of a new trustee in his Thomas Joseph Torr, Esq., B.A. stead, such trustee appointed Mr. Rigby a William Bachelor Coltman, Esq. trustee under a power vested in him, and the

George Moubray Sutherland, Esq. new trustee was afterwards made a party to the

Charles James Watkin Williams, Esq.

Henry Bruce Arnaud, Esq. suit. Mr. Rigby, who did not object, was removed at the hearing together with the defendant.

Nov. 17. The Master of the Rolls said—“ I can neither give nor make Righy pay costs. A

Michael Maxwell Philip, Esq. gentleman before being appointed trustee is

John Dunbar, Esq., B.A.
Hamilton Charles

Palmer, Esq., LL.B.
informed that the persons beneficially entitled Richard Greene, Esq., B.A.
to the trust property have had a correspond- Michael Angelo Garvey, Esq., LL.B.
ence with the existing trustee, and that they

Ralph Walters, Esq. assert that the trust funds have been misapplied. He also knows that the surviving

GRAY'S INN. trustee was about to leave the country for a

Nov. 17. considerable time, and that the cestuis que

Robert Baker Jones, Esq. trust charge him with a misapplication of the estate, and knowing this, he consents to be- SELECTIONS FROM CORRE

SPONDENCE. come a trustee without any communication with the cestuis


trust. “I think that a person thrusting himself, as it were, into a trust, was bound to inquire into the existing circumstances ; and though I am written articles.

A. and B. were partners in the law under

The partnership was disalways disposed to give trustees their costs, solved nine years ago by the usual notice in considering the arduous and important duties the Gazette.' A. was to receive and pay all they have to perform, I think that a party act. debts. The parties mutually "engaged” by ing in this manner is not entitled to any costs.” with the dissolution, to deliver an account to

an agreement in writing cotemporaneous Peatfield v. Benn, 17 Beav. 522.

the other of all moneys received, and to pay

over to A. the amount receivable by him. B., BARRISTERS CALLED.

notwithstanding repeated demands and notices

in writing from A., refuses to deliver any acMichaelmas Term, 1854.

count, although it can be proved that he has

received many large sums on account of the LINCOLN'S INN.

firm, but above six years ago. Nov. 17.

Has A., notwithstanding the lapse of time, Alexander Edward Miller, Esq., B.A. a remedy against B.? and should it be by John Westlake, Esq., M.A.

action of account, so as to apply for a comHerbert Coleridge, Esq.

pulsory reference under the recent regulations, Charles Piffard, Esq., B.A.

or by a bill or claim in Equity, or would an



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Professional Lists.- Post-Office Regulations.-Notes of the Week. application to the Court of Queen's Bench be Wright, Newenham Charles, and John Keep desirable to compel B., as an attorney, to 'per. Weedon, 4, Furnival's Inn, Holborn, Attorneys, form his engagement ?

Solicitors, and Conveyancers. Dec. 22.
December 21, 1854.

A good and honourable land agent is a most

important person in the management of landed
property. I wish to learn from your more ex-

1. On and after the 1st of January next, the perienced correspondents what is the practice

rule requiring the payment of an additional of delivering up documents, vouchers, and commission for a duplicate money order, or papers when the land agent ceases to be such for a transfer from one office to another, &c., or dies.

will be extended to cases of alteration in the I have heard of recent instances-one where name of the remitter or payee. the whole of the agency papers were burnt or

2. The payment of the additional commisdestroyed by the agent, and in another case sion, yiz. 3d. on all sums not exceeding 21., where, although a small part was delivered up,

and 6d. on all sums between 21. and 5l, must yet vouchers of settled accounts and the whole be invariably made by postage stamps transof the other papers were detained.

mitted with the application; and unless the This is a most important subject, the more it amount be so transmitted, the application will is considered, for landed proprietors, many do not be complied with.

– not keep copies.


3. All applications upon this subject must be addressed to the Controller of the London,

Dublin, or Edinburgh Money Order Office, PROFESSIONAL LISTS. according as the order was issued in England

(or Wales), Ireland, or Scotland.

4. The errors which often make alterations Appointed under the Fines and Recoveries Act, in money orders necessary may be avoided by with dates when gazetted.

the use of the printed forms of application Cochrane, William, Grantham, in and for the rate of five for one halfpenny, and by the

which are sold at all Money Order Offices at the Borough and Stoke of Grantham, with its limits in the county of Lincoln, also in and for applicant always examining his order before the parts of Kesteven in the same county. Dec. quitting the issuing office. 19.

(Signed) RowLAND HILL, Sec. Curtis, Harry Porter, Romsey, in and for the

December, 1854. county of Hants. Haines, George James, Parringdon, in and

NOTES OF THE WEEK. for the county of Berks. Dec. 22.

Welsby, William, Ormskirk, in and for the INCONVENIENCE OF THE CITY COURTS OF county of Lancaster. Nov. 21.

DURING the progress of the cause of Parnell v. Goater, on the 21st December,

at Guildhall, Lord Campbell frequently com. Appointed under the 16 & 17 Vict. c. 78, with leading into the body of the Court might be

plained of the noise, and directed that a door dates when gazetled.

kept closed. The order not haring been Davis, Edward Marsh, Ross. Dec. 5. obeyed, his lordship directed that the usher Houchen, John, jun., Thetford. Dec. 1. who had charge of the door should be brought

before him. He was accordingly sent for, but DISSOLUTIONS OF PROFESSIONAL PART

it appeared he was not to be found at his post.

Lord Campbell.—“The manner in which

these Courts are kept is disgraceful. Amongst From 21st Nov. to 22nd December, 1854, both other reforms there must be a reform in the

inclusive, with dates when gazetted. Courts, or I will adjourn the sittings to the Clough, Thomas William, and Alfred Ban- other end of the town. It is the duty of the toft, Huddersfield, Attorneys and Solicitors, city to provide proper attendants to preserve Dec. 1.

order and keep persons in their proper places. Rogerson, Thomas, and John Radcliffe, Li- For myself, I will say, I do not care if the verpool, Attorneys and Solicitors. Dec. 5. Courts are removed from the city altogether

, Rolt, Frederick, and Charles Etherington, 4, and I shall certainly make that proposal.Skinner's Place, Sise Lane, Attorneys, Solici- From The Daily News, 22nd December, 1854. tors, and Conveyancers. Dec. 1.

Skerratt, James, and Joseph Remer, Sand- NEW MEMBERS OF PARLIAMENT. back, Attorneys and Solicitors. Nov. 21. Vardy, William Stoughton, and James Fre- the room of Henry Stuart, Esq., deceased.

William Stuart, jun., Esq., for Bedford, in derick Delmar, 7, Finsbury Square, Attorneys, Sir Joseph Paxton, Knight, for Corentry, in Solicitors, and Conveyancers. Nov. 24. the room of Charles Geach, Esq., deceased.





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