state a case, to be settled by the umpire, for the opinion of the Court. The arbitrators having disagreed, the umpire made his umpirage; and subsequently, at the request of the appellants, set out the principles upon which he had acted, with a view of enabling the appellants to have the question discussed in Court. Upon a rule calling upon the defendants to show cause why the umpirage should not be sent back to the umpire, in order that he might state the facts more fully, this Court refused to interfere, as the appellants had had the opportunity of getting a case stated, and, instead of doing so, had taken their chance of getting the umpirage made in their favour.—(In the Arbitration between the London Dock Co. and the Trustees of the Poor of the Parish of Shadwell, 32 L. J., Q. B. 30.)

POWER OF APPOINTMENT.-By marriage settlement certain property was settled on husband and wife for life, and afterwards to such children as the husband should by deed or will appoint, and in default of appointment to the children equally at twenty-one or on marriage. There were three children: one died an infant, another attained twenty-one and died before the father, and the third married and survived. The father, by his will, gave the residue of his estate and effects which he might die possessed of or entitled to, including the stocks, funds, and securities which should be in the names of the trustees of his marriage settlement upon the trusts thereof, and which he directed should be considered as part of his residuary personal estate, to trustees to pay the interest to his wife for life, and then to his daughter. It was held it was not testator's intention to exercise his power of appointment under the settlement, but only to dispose of that moiety of the trust funds which became his own absolutely by the death during his life of the child who had acquired a vested interest. Kindersley, V. C. There is no language in the will importing such an intention; the word 'appointment' is not used, and there is no reference to the power; and though it does not therefore follow that he did not mean to exercise the power, it not being necessary to use terms importing an appointment if there is in the instrument a reference to the property and a disposition of it, still upon this will the gift is so inconsistent with that notion that such an intention cannot be attributed to the testator.-(In re Bidwell's Settlement, 32 L. J., Ch. 71.)

PAUPER LUNATIC.-Where a woman, who is residing separate from her husband and in a different parish, is sent to a lunatic asylum under 16 & 17 Vict., c. 97, the order for her maintenance is properly made on the parish of her husband's settlement under section 97, and ought not to be made under section 102, on the union of the parish from which the husband is irremovable by reason of five years' residence.-(R. v. the Guardians of the East Retford Union, 32 L. J., Q. B. 26, M. C. 17.)

MONEY HAD AND RECEIVED.-Plaintiff presented a cheque at a bank, which the cashier of defendants (the bankers) took, and gave plaintiff in return notes and gold. Whilst plaintiff was counting the notes, one of defendants, having discovered that the drawer of the cheque had no assets, demanded the money back. Plaintiff refused to give it up, and defendants thereupon took it by force. In an action by A. of assault and trespass for taking the money from him by force, it was held he was entitled to recover; that the transfer of the money was complete; that as between the plaintiff and defendants there was no mistake at all, the mistake being between defendants and their customer; and that defendants, therefore, could not have recovered back the money from plaintiff in an action for money had and received. Williams, J.: Payment in fulfilment of an undertaking, and not in satisfaction of a prior breach of contract, requires no assent on the part of the payee to make it a complete transaction; it is complete as soon as the money is handed over.(Chambers v. Miller, 32 L. J, C. P. 30.)

LARCENY.-A lady wishing to get a railway ticket (the price of which was 10s.), finding a crowd at the pay-place at the station, asked the prisoner, who was nearer in to the pay-place, to get a ticket for her, and handed him a sovereign to pay for it. He took the sovereign intending to steal it, and, instead of getting the ticket, ran away. It was held he was guilty of larceny at common law. (R. v. Thompson, 32 L. J., M. Ca. 53.)

SPECIFIC PERFORMANCE.-An agreement, by a landowner, with the promoters of a railway company, that in the event of their obtaining an Act of Parliament he will sell them such land as they require at a fixed rate, is binding upon him, although the company has no existence at the time of the contract; and it is no objection on the ground of want of mutuality that the company are not bound to take the land. If, however, the company exercise their compulsory powers, and take proceedings under the sections in the Lands Clauses Consolidation Act relating to the purchase of lands otherwise than by agreement, they cannot afterwards enforce the agreement.-(Bedford and Cambridge Rail. Co. v. Stanley, 32 L. J., Ch. 60.)

SETTLEMENT.-A gentleman wrote a letter to a young lady's mother proposing marriage with the young lady, who was then a minor, and saying that if the latter had or might have money, his wish and intention would be that it should be settled for her sole and entire use.' The proposal was accepted. The young lady was entitled to certain property, and the marriage took place while she was yet an infant, but without any settlement having been made of her property. A settlement upon her and her children of all her property, present and future, was decreed.—(Âlt v. Alt, 32 L. J., Ch. 52.)

PARTNERS.-Where each of two partners, upon entering into partnership, agreed to advance an equal sum of money in respect of capital, but did not make any stipulation as to interest on such sum, and it appeared that one of the partners advanced his share of capital, but that the other did not do so, the former was allowed, in taking the partnership accounts, interest at L.5 per cent. per annum during the period of the partnership upon the amount brought into the partnership by him, in addition to his share of the profits. Stuart, V. C.: It has been said that this point has already been decided in the case of Stevens v. Cook (5 Jur. N. S. 1415). I do not believe that any such thing was ever decided by me. Such a decision would be contrary to principle. I can well understand that the same principle would not be applicable where the terms of the contract are, that one partner should find the capital and the other contribute the whole of his labour. I must decide the case upon the footing that each partner was to advance an equal amount of capital; and it appearing that the defendant never advanced his share of the capital at all, the plaintiff must be allowed interest.—(Hill. v. King, 32 L. J., Ch. 79.)

CONTRIBUTORY.-A company was in process of being wound up. By the deed of settlement of the company it was provided that no person should be or continue a director unless he was the holder of a particular amount of stock. The company was managed by a board of directors at the chief office in London, and by boards in various towns, in the latter of which local agents or deputies, called provincial directors, had conferred upon them limited authority. C. was one of these provincial directors, but had no shares in the company; and, on a question of his liability to be placed upon the list of contributories, it was held, that the clause requiring the qualification for directors did not apply to those who held the office of provincial directors, and that C. was not liable to be placed on the list of contributories. —(Ex parte Cotterell, in re the National Assurance and Investment Association (the Bank of Deposit), 32 L. J., Ch. 66.)

BANKRUPTCY.-A new security given to a creditor by an insolvent petitioner under 5 & 6 Vict., c. 116, upon his agreeing not to oppose the granting of the final order for protection, cannot be enforced, although the Commissioner re

quired the insolvent to make an arrangement with the creditor, and adjourned the petition for that express purpose, and intimated that no final order would be made unless such an arrangement were effected, and was privy to and consented to the new security being delivered on account of the old debt.-(Humphreys v. Welling, 32 L. J., Ex. 33.)

CONTRIBUTORY.-Shares in a projected company, with limited liability, were allotted in payment of the purchase-money of property on which the intended company was about to carry on its business, and were accepted and treated by the vendor of such property as paid-up shares, and he afterwards transferred to each of the directors of the company 100 of them. One of the Commissioners of Bankruptcy, in winding up the company, placed the names of each of these directors on the list of contributories, and made a call upon them; but, on appeal, it was held that as the shares had been allotted to a stranger as paid-up shares, they must be so considered, and the directors' names be removed from the list in respect to them. The directors of the company made an order awarding fees to those of their body who should attend their board-meetings, and afterwards allotted shares to those members who attended, according to the number of their attendances, which shares they deemed to be fully paid-up shares; and, on appeal, it was held, that the Court had no power to alter the agreement which had been come to, and that the shares having been issued as paid-up shares must be so treated. (Ex parte Currie, in re Great Northern and Midland Co., Lim., 32 L. J., Ch. 57.)

POWER OF APPOINTMENT.-Donees of a power which authorized the appointment of personal estate amongst their children, appointed it upon the trusts following, that is to say:' then followed trusts for the benefit of some of the children, and to pay the interest to them for life, and after the decease of each child to dispose of her share amongst her children, who were not objects of the power. It was held the whole trust must be read together, and could not be treated as an absolute appointment followed by an attempt to settle the shares; consequently, that the appointees took only life interests, and the residue was unappointed. (Rucker v. Schole field, 32 L. J., Ch. 46.)

WILL.-Where a niece had been induced to render valuable services to her uncle on the faith of his representation that by so doing she would become entitled to the benefit of the trusts created in her favour by a codicil to his will, and testator afterwards revoked such trusts, it was held he had no right to make such revocation, and a decree was made that the trusts in favour of the niece should be performed. Stuart, V. C.: Relief is sought by the plaintiff in this suit on a principle which is well established. If she can prove by sufficient evidence that the testator induced her to continue her valuable services on the faith of his representation that he would leave her the property in question at his death, she is entitled to the assistance of the Court. Lord Cottenham's statement of the doctrine, in the case of Hammersly v. De Biel (12 Cl. and F. 45), has been repeatedly referred to and acted upon in recent cases: A representation made by one party for the purpose of influencing the conduct of the other party, and acted upon by him, will, in general, be sufficient to entitle him to the assistance of this Court for the purpose of realizing such representation.' Even at law, it was laid down by Lord Denman in the case of Pickard v. Sears (6 Ad. and E. 469), that whatever a man's real intention may be, if he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation is bound by it.-(Loffus v. Maw, 32 L. J., Ch. 49.)

THE

JOURNAL OF JURISPRUDENCE.

REPORT BY THE COMMISSIONERS ON THE SCOTTISH

LAND REGISTERS.

THIS Report, which has been long expected, was only presented to Parliament last month. It is too long for printing in extenso, and a complete abridgment of its contents would occupy more space than we could conveniently appropriate to the subject. Instead of presenting our readers with an abstract of the Report itself (which, as we understand, is to be reprinted, for circulation amongst the members of the profession), we prefer offering a condensed account of its more important provisions, accompanied with such remarks as have occurred to us with reference to the improvements suggested by the Commissioners.

It is only due to Messrs Morton and Bannatyne to state, that the Report fully realizes the expectations which were formed from the appointment of these gentlemen, in whose qualifications for the task entrusted to them, the profession has the most perfect confidence. Their Report treats the subject exhaustively, and has at the same time the singular merit, for an official report, of avoiding needless detail. The arrangement is excellent. In dealing with the numberless matters of detail connected with so extensive a subject as the registration of deeds, nothing is evaded or slurred over. The Commissioners go straight to the point, and state at once their reasons for approving or disapproving of existing arrangements. The suggested improvements are examined in all their bearings, and their operation explained with such care and precision, as to leave a conviction on the mind of the reader that nothing has been recommended which has not been thoroughly sifted and found to be practicable.

VOL. VII.-NO. LXXVI. APRIL 1863.

Y

The following summary of the Commissioners' recommendations. is extracted from the concluding part of the Report :

To effect many of the changes we have recommended, an Act of Parliament will be necessary. It appears to us, however, that such an Act should embrace only those fundamental changes for which direct legislation is indispensable, leaving the details to be regulated from time to time in the manner after mentioned.

The chief matters which we suggest for legislative enactment are the following:

1. That the present double Registers of Sasines and Inhibitions, and the separate Registers of Adjudications and Interruptions of Prescription, should be abolished; and that, in lieu thereof, there should be established in the General Register House, subject to the provisions we have proposed-(1.) One Register of Sasine to be kept by counties, with relative Minute Books and Presentment Books, and that this Register should contain also the Register of Interruptions of Prescription; and (2.) One General Register to contain inhibitions and adjudications.

2. That inhibitions and adjudications should be regulated in accordance with the recommendations we have made.

3. That every deed affecting land presented for registration, which may not contain, in gremio, the county and parish in which the land lies, should have endorsed upon it, before it shall be registered, a minute, stating these particu lars; and that the Titles to Lands Acts (Scotland), 1858 and 1860, should be amended in the manner proposed.

4. That printed copies of the Abridgments and Indexes, and of the Presentment Books, should be periodically transmitted to the Sheriff-clerks of all the counties in Scotland, and to the town-clerks of such royal burghs and large towns, as may from time to time be fixed; and that these Records should be open to the public, on payment of a reasonable fee.

5. That the unpaid Commission appointed by the Act 3 Geo. IV., cap. 62, should be revived, and authorized to regulate from time to time the financial details of registration and searching; and, in particular, the emoluments of the officers employed therein, and the fees to be paid for registration, for extracts from the Registers, and for searches. Provision should also be made, that the surplus income arising from such fees should in future be applied by the Commissioners to registration or searching purposes, or in reduction of fees.

6. That extracts of deeds should be written upon unstamped paper.

7. That, after a date to be fixed, it should be an absolute condition of the registration of a deed in the Register of Sasines, that a minute of it should be simultaneously entered in a 'Search Sheet,' to be commenced and continued in the manner which we have recommended, and to be retained permanently in the General Register House; and that provision should be made for duplicates of such Search Sheets being issued, and the entries therein continued, and also for certified copies of the Search Sheets being issued to feuars or others acquiring portions of a property.

8. That probative extracts, either with or without warrants for execution, of deeds previously recorded in the Register of Sasines, without the deed being again engrossed in the Register of Deeds, the principal deeds being, in such cases, left in the custody of the keeper of the Register of Deeds; and further, that principal deeds of entail, when registered in the Register of Entails, should be transmitted to, and retained in the custody of, the keeper of the Register of Deeds.

9. That the Registers of Sasines in royal burghs should be regulated and subjected to supervision, in the manner we have proposed; that all future infeudation of burghal property should be prohibited; but, to provide for property already feudalized, the sasines of all lands lying within the burghal territory,