« EelmineJätka »
Woprall, EDWARD CHARLES, and JOHNSON, FREDEKICK (trading as E. C.
Worrall and Co.), Kingston-upon-Hull, timber merchants. Ct.
Kingston-upon-Hull. June 1. WREN, RICHARD, Bishop Monkton, innkeeper. Ct. Northallerton. May 31.
Amended notice substituted for that published in Gazette, May 23. SUMSION, HENRY EDWARD (described in the receiving order as Henry
Sumsion), Watney-st, Commercial-rd, grocer. Ct. High Court. May 18,
GAZETTE, JUNE 2 MORGAN, WILLIAM, Woolwich, engine driver. Ct. Greenwich. May 30.
DYEP, EDWARD, Malvern Link, late timber merchant. Ct. Worcester.
May 31. GROOM, ALFRED, Hawlcy, nurseryman Ct. Rochester. June 2 GILMORE, BERNAED, Kingston-upon-Huil, tailor. Ct. Kingston-upon-Hull.
June 1. JERVIS, FRANK, Wolverhampton, stationer. Ct. Wolverhampton. June 1. JONES, CYRIL HORACE, Clapham Junction, boot dealer. Ct. Wandsworth.
Plymouth and East Stonehouse. June 2.
Alfreton, saddler, Ct. Derby and Long Eaton.
June 2. Nixon. WILLIAM HEXRY, late Ilford, wine merchant. Ct. Croydon.
May 31. OGDEN, SAMUEL (late trading as S. Ogden and Co.), Haworth, late brewer.
Ct. Bradford. June 1, ROBERTS, John, Llanddeiniolen, quarryman. Ct. Bangor. June 1. ROBERTS, WilliaY JOHN, Llanberis, carter. Ct. Bangor. June 1. STOCKIL, GEORGE, Sheffield, house furnisher. Ct. Sheffield. June 2. * STAGG, WALTER, Shipdham, farmer Ct. Norwich. June 1. TYRER, ROBERT, Darwen, teacher of music. Ct. Blackburn and Darwen.
June 1. TERRY, CHARLES EDWIN RYDER, Leamington, manufacturer. Ct. Warwick.
June 2. USHER, THOMAS, Sittingbourne, butcher. Ct. Rochester. June 1. WALLIS, AUGUSTUS WILLIAM, and HOLLING WORTH, CHARLES THOMAS, late
Long Eaton, lace manufacturers. Ct. Derby and Long Eaton.
June 1. **WREN, RICHARD, Bishop Monkton, innkeeper. Ct, Northallerton. May 31.
BIRTHS, MARRIAGES, AND DEATHS.
BIRTIS. GUTTERIDGE.--On the 31st ult., at The Rydings, Bickley, Kent, the wite
of Harold Cooke Gutteridge, Barrister-at-law, of a son. JESSEL.-On the 2nd inst., at 6. Gloucester-sy, Hyde Park, the wife of
Albert H. Jessel, K.C., of a daughter. MCCLURE.-On the 26th ult., at 16, Heriot-row, Edinburgh, the wife of
Alexander Logan McClure, K.C., of a daughter. O'HAGAN.-On the 29th ult., at 44, Courtfield-grdns, S.W., the wife of
Henry O'Hagan, Barrister-at-law, of a son. WILKINSON.-On the 25th ult., at Shanghai, the wife of H. P. Wilkinson, Crown Advocate, of a daughter.
JIARRIAGES. HARTILL-PEARSON.-On the 1st inst., at St. Michael's Church, Malton,
Sydney Hartill, M.B., M.A. Oxon, of Abbots Langley,, Herts, to Muriel Gladys
Blannin Pearson, fifth daughter of Hugh W. Pearson, Solicitor, of West_Garth, Malton, Yorkshire. VAUGHAN WILLIAMS--PAILLIMORE.-On the 1st inst., at St. Mary Abbots,
Kensington, Roland Edmund Lomas Vaughan Williams, only son of Lord Justice and Lady Vaughan Williams, to Grace Agnes, youngest daughter of Mr. Justice and Lady Phillimore.
DEATHS. BERNARD.-On the 19th ult., at Calgary, Alberta, Canada, William Leigh
Bernard, Barrister-at-law, in his sixty-seventh year. Dowse.-On the 1st inst., at 26, Gordon-sg, W.C., Henry Archibald
Dowse, in his seventy-fifth year; also of 7. Bedford-row. PRINGLE.--On the 25th ult., at 46, Endsleigh-grdns, Ilford, Ann, wife of
Charles Wales Pringle. Solicitor. SODEN.-On the 2nd inst., at 34, Hanover-gate-mansions, Regent's Park,
Sarah Isabel Clavering, wife of Thomas Spooner Soden, Barrister-atlaw.
GAZETTE, JUNE 2. BATTSON, BENJAMIN GEORGE, Old Queen-st, Westminster, architect. Ct.
High Court. May 30. BAYLY, WILLIAM E., Cranley-pl, South Kensington. Ct. High Court.
May_29. BLAKE, EDWARD WILLIAM, St. Petersburg Hotel, journalist. Ct. High
Court. May 29. BAINES, WILLIAM Edwin, Harrogate, baker. Ct. York. May 29. BESWICK, EDWARD, Rochdale, chip potato dealer. Ct. Rochdale. May 29. BLENKINSOP, BENJAMIN, late Lincoln, licensed victualler, Ct. Lincoln.
May_30. BETTS, HAROLD HAMPTox, late Hove, licensed victualler's manager. Ct.
Brighton. May 29.
MAURICE (described in the receiving order as George Conquest,
Ct. High Court. May 29.
May 30. NORRIS, NEHEMIAH, Eccles, picture dealer. Ct, Salford. May 31. POWELL, WILLIAM MORRIS, Pontycymmer, wheelwright. Ct. Cardiff.
May 29, POPPLESTONE, JAMES ARTHUR, Goldhawk-rd, Shepherd's Bush, tailor.
Ct. High Court. May 29. ROBERTS, Evan Evans (described in the receiving order as Evan Roberts),
Queensdale-rd, Notting Hill, dairyman. Ct. High Court. May 29, KANDLE, THOMAS, Coventry, builder. Ct. Coventry. May 31 SHORT ALFRED ERNEST, Petworth, market gardener. Ct. Brighton.
May 31. Scott, FREDERICK WILLIAM, and Scott, WALTER JAMES (trading as Scott
Brothere), Bristol, fruiterers. Ct. Bristol. May 30. SHEWARD, EDWIN THOMAS, Dudley, cattle dealer. Ct. Dudley, May 30. SARGENT, JOHN GEORGE, late Kilsby, licensed victualler. Ct. Peter
borough. May 30. STIEWELL, GEORGE DE CEURDOCX, Rochester, haulage contractor. Ct.
Rochester. May 29.
Montague Ward), Stepney, lieutenant in the navy. Ct. High Court.
GAZETTE, JUNE 6.
High Court. June 2. CARDASH, BERNARD, Tonypandy, furniture dealer. Ct. Pontypridd,
Ystradyfodwg, and Porth. June 2. CRESSWELL, ROBERT SMITH, Brassington, farmer. Ct. Derby and Long
Eaton. June 1. DYER, EDWARD, Malvern Link, late timber merchant. Ct. Worcester.
May 31. GOLDBERG, ALEXANDER, and GIBIAN, ISRAEL (described in the receiving
order and trading as Goldberg, Gibian, and Co.), East India-av,
Leadenhall-st, precious stone dealers. Ct. High Court June 1. GROOM, ALFRED, Hawley, nurseryman. Ct. Rochester. June 2. GILMORE, BERNARD, Kingston-upon-Hull, tailor. Ct. Kingston-upon-Hull.
June 1. HOPKINSON, CAARLES, Southport, late butcher. Ct. Liverpool. June 2. JERVIS, FRANK, Wolverhampton, stationer. Ct. Wolverhampton. June 1. Jones. Cecil (trading as H. J. Soper), Plymouth, corn merchant. Ct.
Plymouth and East Stonehouse. June 2. LOWE, WILLIAM, Alireton, saddler. Ct. Derby and Long Eaton.
June 2. PARRITT, Joan EDWARD GREVILLE (trading and described in the reeeiving
order as Parritt and Co.), Mark-la, East India merchant. . Ct. High
Court June 2. PILIDES, SOPHOCLES. Mark-la. Ct. High Court. May 31. ROBERTS, John, Llanddeiniolen, quarryman. Ct. Bangor. June 1. ROBERTS, WILLIAM JOHN, Llanberis, carter. Ct. Bangor. June 1. STAGG, WALTER, Shipdham, farmer. Ct. Norwich. June 1. STOCKIL, GEORGE, Sheffield, house furnisher. Ct. Sheffield. June 2. THOMAS, CHARLES, High-st, Camden Town, coffee-house keeper. Ct. High
Court. June 1. TYRER, ROBERT, Darwen, teacher of music. Ct. Blackburn and Darwen.
June 1. WEAVER, HERBERT ASTLEY. Romford-rd, Stratford, late secondhand furni
ture dealer. Ct. High Court. June 1. WHEELER. HENRY FRANCIS, late Oxford-grdns, Notting Hill, engineer.
Ct. High Court. June 1. WALLIS, AUGUSTUS WILLIAM, and HOLLINGWORTH, CHARLES THOMAS, late
Long Eaton, lace manufacturers, Ct. Derby and Long Eaton. June 1.
(Absolate or Contingent)
Good prices given for approved Securities.
Upon Security of Life Interests, Reversions, &c: ,
Upon first-class properties considered.
BOBINESS CARBIID THROUGH WITHOUT DELAY.
Proposal Porms on Application, Assets: £6,500,000. STAR LIFE ASSURANCE
SOCIETY, 32, Moorgate Street, E.C. J. DOUGLAS WATSON, F.I.A., Manager and Actuary.
BUTTERWORTH & CO.,
LEADING ARTICLES, &c.
Welford & Otter-Barry's FIRE INSURANCE.
SUPREME COURT OF JUDICATURE. TO BLADERS AND OORBRSPONDINTI ... 141 OOUBT OF APPEAL.
LEADING ARTICLES. –Topion of the LONDON AND NORTH-WESTERN RAIL
Week-Assignment or Ondorletting by Tenant
111 WAY COMPANY . HOWLEY PARK COALAND OANNBL COMPANY
IRISE NOTEB................................... Railway - Mines - Tannel - Sub- OOCASIONAL NOTRS......................... jacent and adjacent support 546 NOTES O BROENT DECISIONS NOI
YIT BEPORTED.............................. 117 HIGH OOURT OF JUSTIOL. ORDINAL LAW AND TEI JURISDIOOHANOERY DIVISION.
TION OF MAGISTRATRG.–Borough
Quarter Sessions-Topics-Aerial PALMER EXERSON.- Trusteo
Navigation Act 1911 .................... 149 Breach of trust - Investment
PARLIAMENTARY SOUMRI.- Toplon 150 Mortgage of wholesale and retail trade and other promises - One
COUNTY COURT8.-Sittings of the ball or two-thirds ralo
GENERAL INTELLIGENOB. - Imperial Re HASSOP SET ILED ESTATES ; Re
Conferenco, II. - Appointments ORARLES LESLIE'S WILL;
under the Joint Stook Winding-ap TRUSTER AOT 1893. - Trusteo
Acto - Oreditors under Estates in Power to appoint-Not loss than
Chancory-Oreditors andor 99 & 28 563
Vlot. c. 85 ..................................... 151 KUAWANSKI AND ANOTHER U. PREMIER NOTES AND QUIRIBS........................ 154 PETROLEUN COMPANY LIMITBD ; PROMOTIONS AND APPOINTIDIT ..... 165 PRUDENTIAL TRUET CORPURATION LIMITED, Third Party: MAISEL,
LAW SOCIITIRS.-The Law SocietyFourth Party.--Procedure-Costs –
Law Association—Solicitors' Bene. Jurisdiction
volent Association ...................... 155 567
LAW STUDENTS' JOURNAL.-Council KING'S BENOE DIVISION
ol Legal Education : Trinity
Examination 1911 TITTERTON v. KINGSBURY COLLIERIER.
LEGAL OBITUARY. His Honour -Sewer-Pollution of
Judge Francis Henry Bacon-Mr. sowage disposal
William Baillie Skene-Mr Aneus works -Liability of persons con
J. G Mackay, K.O. LL.D.-Mr. trolling works although lower Herold Vook Swan ........................ 157 vested in local authority
TH OOURTS AND OOURT PAPES. GALULA W. PINTUS AND ANOTHER.
Supremo Court of Judicature : Appropriation of paymonts--Rale Trinity Sittings 1911-High Court In Clayton's case-Intention
of Justice : King's Bench Division; WILLIS, FABER, AND OO. LIMITED .
Rota of Judges - Circuits of the JOYCE.-Marino insurance-Ondor.
Judges : Summer Assizes-Rots of writing-Principal ar agent-No
• Registrars ..
...................................... 157 notice of determination of agent's
THI G............................... 168 authority-Estoppel
576 | BIRTH, MARRIAGH, AND DIATES 163
By A. W. BAKER WELFORD, Esq., of Lincoln's Inn, and W. W. OTTER-BARRY Esq., of the Inner Temple, Barristers-at-Law.
Publishers' Announcement. In this new work the subject of Fire Insurance has been dealt with in the most exhaustive and practical manner possible. Any matter having the smallest real connection with the question is included, and the style in which the book is written is clear, lucid, and uniformly straightforward. The principles of the law are formulated in practical working rules, and the logical order of the subject has been followed throughout
The plan of the work is that it should be the most exhaustive, practical, and illuminating work on the subject in existence. Special new points are dealt with, such as Legality of Valued Policies in Fire, Application of Gambling Act 1774 to Fire, Equitable Assignments of Fire Policies, Taxation of Fire Insurance Companies' Income, Assurance Companies Act 1909 as applied to Fire, Lloyd's Policies.
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Vol. CXXXL.-No. 3559.
The general summary of appeals and causes for the present sittings shows 182 appeals and 1089 causes set down for hearing, as compared with 179 and 1569 respectively at Trinity 1909 and 149 and 1470 this time last year. So far as the Court of Appeal is concerned, there has been another rise in the number of appeals awaiting disposal, and this is due chiefly to the cases coming from the King's Bench Division and from the County Courts under the Workmen's Compensation Act. The position of the lists is, of course, far better than that which obtained even five years ago, but, at the same time, efforts should be made to continue to ensure that appeals should be heard within at most three months of their being entered. The following table shows the figures in the Appellate Court at the commencement of the Trinity Sittings for the past ten years :
In the Chancery Division there are 265 causes for hearing, By the death of His Honour Judge Bacon the County Court as compared with 165 at Easter last and 315 a year ago. Bench has lost one of the most notable of its occupants. In addition, there are thirty-six companies' winding up Not only a good lawyer, the late judge was a keen student matters for hearing before Mr. Justice SWINFEX Eady and of human nature, and as such was admirably fitted for the Mr. Justice NeviLLE.
position that he held. His place will be difficult to fill,
especially so far as the Whitechapel Court is concerned, for In the King's Bench Division the satisfactory state of affairs his linguistic abilities and his wide knowledge of our alien which we were able to record at Easter last still continues, population were of the greatest assistance to him in adminisand steady progress has been made in dealing with the lists. tering justice in that locality. The heavy arrears in the Civil Paper and in actions for trial have disappeared, and both appeals from County Courts and actions in the High Court have a prospect of being disposed
The official report of last Monday's sitting of the Imperial of within a reasonable time of setting down. As we have
Conference, at which the question of a Supreme Court of pointed out before, this is largely due to the fact that the
Appeal for the Empire was discussed, makes it clear that a recent addition to the numbers of the judges of the King's
distinct demand exists in our Oversea Dominions for the Bench bas enabled more continuous methods to be adopted,
establishment of such a tribunal. The only matter on which and, although a considerable amount of time has been
divergent views may be said to have arisen was on the occupied by election petitions, the steady work which has question of form; but, even as to this, after full consideration been possible during the past six months has brought about
the conference seems to bave arrived at a general agreement. the most satisfactory results. The figures at Trinity for the At the outset Lord LOREBURN made it clear that with regard past ten years are sufficiently convincing, and for the purpose
to the United Kingdom the Government were not prepared of comparison we give those at Easter 1910 and 1911. to recommend that the personnel of the judicial body in
the House of Lords should be changed, but he also stated King's Bench.
that if each Dominion would say what kind of court they Trinity.
Total Causes. preferred and the class of judges they wished to see, the
Home Government would do its very best to meet their 1902
views. For himself, the LORD CHANCELLOR suggested that 1903
they should add to the highest Court of Appeal, both in the 1904
United Kingdom and for the Dominions and colonies, two 1905
English judges of the finest quality, and that the quorum 1907
should be fixed at five, the same court sitting successively in 1908
the House of Lords for the United Kingdom appeals and in 1909
the Privy Council for appeals from the Dominions and 1911
colonies; and in this way there would be substantially the
same court in its full strength for both classes of appeals.
If this were done, although the old forms would be adhered to,
there would be practically one final Court of Appeal in two The change is all the more striking when the figures for the
divisions. Those who are at the present time entitled to sit King's Bench Division are more closely analysed, and we give
in the House of Lords and on the Judicial Committee a table for the same period as the one next preceding showing respectively would continue to sit strengthened by two the totals of the various causes in the King's Bench Division.
additional judges, and, in the case of the Privy Council, with It is as follows :
such further additions, having regard to the matters to be
discussed, as should be agreed upon. Provided arrangements Special Trinity.
were made, as Lord LOBEBURN stated, that these two Paper.
divisions should sit successively, and that the quorum should 1902
be five or any additional odd number, a really true Imperial 235
Court of Appeal could thus be founded, and, although the 1904
155 old forms might be retained, we agree with Mr. Malan that a 1905
great deal sometimes depends on a name, and no barm could 28 89 153 162
possibly be done by describing the court as the Imperial 1908
119 Court of Appeal. The foundation of such a tribunal as 1909
suggested by Lord LOREBURN would be undoubtedly 1910
welcomed, both in the United Kingdom and throughout the
In conclusion, there is one other atter to which we desire Writing a year ago, we pointed out, as was the fact, that
to refer. However much in courts of first instance or arrears in jury actions for trial during the past decade bad
primary Courts of Appeal dissenting judgments are of value, steadily increased, and that the lists, both of these actions our view is that in a final Court of Appeal there should te and of the Civil Paper, were five months in arresr. At the only one judgment, and that the final judgment of the court. present time special and common jury actions set down in
Such obtains in the Judicial Committee of the Privy Council April last have been heard this week, while the Civil Paper
and in our own Court of Criminal Appeal, and the fact that only dates back to the end of the same month.
only one judgment is delivered must assist to more coherence and consistency. We cannot agree with Mr. BATCHELOR
that the practice of giving one judgment only does not In the Probate, Divorce, and Admiralty Division there are 345 tend to the same close study of a case by each individual causes for hearing, as compared with 370 a year ago. Of member of the court as the giving of an individual judgmet these, 115 are Admiralty actions and 110 undefended divorce would require, and the advantages of a single final judgment causes.
Easter, 1910 1911
ASSIGNMENT OR UNDERLETTING BY TENANT. ONE of the many questions that arise bet ween landlord and tenant is that of their respective rights with regard to an assigo ment or onderletting by the tenant. Apart from any provision of the lease, the tenant has, at common law, an absolute and unrestricted right to assigo bis interest or to underlet. However, notwithstanding that a covenant by the tenant against assigoing or underletting is not a "Usual ” covenant within the meaning of an agreement to take a lease subject to the “ usual " covenants (see Hampshire v. Wickens, 50 L. T. Rep. 267; 7 Ch. Div. 555), the covenant is 80 rarely omitted that to the practitioner the common law rule bas its greatest value as a guide to the interpretation of the covenant-that, being in derogation of the common law rights of the lessee, it will not be widely construed against him.
But there are now in the great majority of cases two provisos to limit tbe barsb operation of the covenant not to assign or underlet. One of these proviso8—that, in the absence of express stipulation to the contrary, no fine or payment in the nature of a fine shall be payable for a licence or consent to assign or underlet-is statutory. being read into the lease by sect. 3 of the Conveyancing Act 1892. The other is the well-known commou form provision that the land. lord's consent shall not be unreasonably with beld, or withheld to an assignment or underletting to a respectable and responsible person. Both these provisos have been before the courts on several occasione, and a short note of some of the later cases may be useful.
It must be borne in mind that a breach of the covenant is in mort Cases a serious matter, for, by sub-sect. 6 of sect. 14 of the Con. veyancing Act 1881, forfeiture arieing from breach of the covenant not to assign or underlot is expressly excepted from those forfeitures against which the court has power, under that section, to relievo the lessee even though the case should be one in which the landlord's consent to the assigoment could not have been refused, but by over. sight has not been applied for: (see Barrow v. Isaacs, 64 L T. Rep. 676 ; (1891) 1 Q. B. 417). Relief, it is true, may under sect. 4 of the Conveyancing Act 1892 be given to an underlesseo against forfeiture of the head lease, but the jurisdiction is one that will be cautiously exercised : (see Imray v. Oukshette, 76 L. T. Rep. 632; (1897) 2 Q. B. 218). (1) To take first the statutory proviso and to deal with the cases in order of date. Waite v. Jennings (95 L. T. Rep. 1; (1906) 2 K. B. 11) was an action to recover rent from an assignes who had parted with the premises after covenanting with bis landlord, in con. sideration of the landlord's licence to assign, to pay all future rept. (As assigaee only he would, of course, not be liable for rent alter parting with possession.) The second assignee failed to pay the rent. Held, by the Court of Appeal, that the assignee (covenantor) could not escape his prima facie liability under the ouvenant by pleading sect 3 of the Conveyancing Act 1892 (even if the covenant were a fine within the Act). The payment of a fine is not illegal, but simply not enforceable, and the covenant (looked at as a fine) was simply given for no consideration. Further, the majority of the court (Lords Justices Vaughan Williams and Stirling, Lord Justice Fletcher Moulton dissenting) were of opinion, without deciding the question, that the covenant was not a fine.
Jenkins v. Price (97 L. T. Rep. 734; (1907) 2 Ch. 229) was a olajm for a declaration that ihe plaintiff was entitled to assiga without further consent. Tuo lease was of an hotel and the assignment con. templated was to a brewery firm. The landlord contended tbat if tied to a brewery the property would be depreciated in value, and he refused to consent to the assignment except opon condition that tho rent of £100 was increased to £125 and the term, wbloh had twelve years to run, was also increased to twenty one years. This be con. sidered would compensate him for the depreciation his property would undergo. Mr. Justice Swinien Eady beld (without laying any stress on the required extension of the term) that the stipulation for a £25 inorease in rent was a stipulation for a fine within the meaning of seot. 3 of the abovo quoted Act, and he made the declaration asked for. No other relief being claimed, and there beiog no covenant by the landlord to consent, each party was ordered to bear his own costs, the learned judge poiotiog out that the landlord's refusal of consent released the restriction against assigning, but gave no right of sotion against him.
Andrew v. Bridgman (98 L. T. Rep. 657; (1908) 1 K. B. 596) was ao action for the recovery of £45 paid (not under proteat) as a fino upon grant of a licence to assiga. The action was dismissed, the Court of Appeal deciding tbat tbe landlord may, notwithstanding sect. 3 of the Conveyano'ng Act 1892, demand a fine u on grant of the licence to ansigo, and, following Waite v. Jennings (oup.), that if the lessen pay such fine the payment is not an illegal one and cannot be recovered; that the operation of the section is similar to that of a proviso on a lease that consent shall not be unreasonably withheld : (see Treloar v. Bigge and other cases infra); and that refusal of the landlord to assedi, except upon payment of a foo, relieves tbe leesee from the necessity of obtaining any coosent and enables him to ignore the restriction on assigoment contained in the lease. The court declined to say whether a 'fine could be recovered if paid under protest.
The latest case on the subjeot is West v. Gwynne (104 L. T. Rep. 277), and is a useful authority on two points : (a) That seot. 3 of tbe Conveyanciog Act 1892 applies to leases executed before as well as to those executed after the commencement of the Act; and (b) that a requirement by the landlord, as a condition to tbe grant of his licence, that balf tbe protit rental to be obtained from a proposed underletting should be paid to him comes within the section, and the lessee is entitled to assigo or underlet without further consent. (2) The following are cases upon the other proviso-the common form one
that consent shall not be unreasonably withbeld, or withheld upon a proposed transfer to a respectable and responsible person. In T'reloar v. Bigge (L. Rep. 9 E.. 151) the covenant by the tenant was that he would not assign “ without the consent of the landlord. euch cop sent not being, arbitrarily withheld.” The landlord refused his assent “opon advice,” but gave no reason. He know, however, that a public body wished to acquire the house compul. gorily, and that it would pay him better not to bave a tenant in possession who wished to remain, and this was the real reason for his refusal. Two questions were decided : (a) That the losseo might assign, if the lessor arbitrarily refused his assent, witbout any assent, and the arbitrary refusal would be an answer to any proceedings; (b) with some doubt upon the part of Baron Amphlett, that the refusal was pot arbitrary--i.e., unfair and unreasonable. In Bates v. Donaldson (74 L. T. Rep. 751; (1896) 2 Q. B. 241) the landlord wished to regain possession, and, after an assignment (for which his licence had been asked and refused), brought an action for recovery of possesBion. There could have been no objection to the assignee personally, or to the use to which he proposed to put the house, but the landlord claimed that, as he was willing to give the tenant the same price for her interest as the assignee had done (though he had mado_no formal offer), he had not barmed her by refusing his assent. This contention was unanimously overruled by the Court of Appeal, affirmiog Mr. Justice Mathew.
Some valuable remarks were made by Lorde Justices Kay and Smith as to the meaning of the proviso (which was that the consent should not be unreasonably with held in the case of a respectable and responsible person). Lord Justice Kay stating that the landlord might reasonably refuse bis aesent if the proposed assignee intended to use the premises for purposes to which the landlord might reasonably object, though forbidden neither by the lease nor by law, bat, per Lord Justice Smitb, the landlord cannot make use of the olause simply to regain possession before the end of the term. In Young v. Ashley Gardens Properties Limited (88 L. T. Rep. 541; (1903) 2 Ch. 112) the landlord, who was under covenant to pay all rates, offered a licence containing a coodition that the lessee or assignee or one of them would pay any increase in the rates due to the assigoment The tenant objected to the condition, and sued for a declaration that he was entitled to a clear licence. This was altered at trial to a claim for a declaration that the defendant landlords were not entitled to impose the condition, and that the plaintiff was entitled to assigo without further consent. The declaration was made as prayed, and was opheld by the Court of Appeal, Lord Justice Vaughan Williams remarking that the landlord is not bound to give any reason for his refusal, but if he attaches to his consent a condition which is udreasonable the court can make the deolaration asked for in that case ; and costs were given against the landlord.
Re Spark's Lease ; Berger V. Jenkinson (92 L. T. Rep. 537: (1905) 1 Ch. 456) was decided on a question of costs only, the substantial difference being settled out of court. The landlord occupied part of the buildings, to which there was only one entrance, and let off apotber part subject to a covenant on the part of the tenant pot to carry on cortain probibited trades and not to assiga without consent, puok consent not to be unreasonably withheld to a respectable and responeible person. The landlord required to be informed for what purpose the portion to be underlet would be used, and that the proposed underlessee should enter into a similar restriotive covenant directly with the landlord. Taking into consideration the character of the premises and that a bigb class business was carried on thereon by the landlord, Mr. Justice Swiofen Eady held that he had not been upseasonable. Finally, the Court of Appeal bave recently decided that a limited company can be a “respectable and responsible person” within the meaning of this covenant: (Willmott v. London Road Car Company Limited, 102 L T. Rep. 427, overruling Harrison, Ainslie, and Da v. Barrow.in. Furness Corporation, 39 W. R. 250).
A SERIES of important lectures have been delivered in Dublin by Professor C. 8. Oldham on the “ Public Finances of Ireland ” and the financial relations between Great Britain and Ireland. Mr. Oldham, woo is one of the professors in the National University. • treats the whole history of the question since the Act of Union to the present time, and it is to be hoped that his lectures will be published in book form at the earliest possible moment. Judging from the reports of these lectures in the publio Press, it would appear that they afford a valuable contribution towards the solution of a very difficult and complicated question.
A QUESTION came last week before a local bench of magistrates in Ireland as to the meaning of sect. Il of the Licensing (Ireland) Act 1836, wbich provides that if any lioensed person shall " delay to admit” any justice or constablo “ into any house or placo of snob person " for the purpose of making a search, he shall be liablo to a penalty. Io the case in question a constablo had been admitted to . publican's premises. When he got into the shop he saw the publican in a sto ping position bebind the counter, and he told her be wished to get behind tho counter to examine it. The publican caught hold of the door of the counter and said that she would not allow him to go behind it until he bad produced a warrant. The constable then moved away. The publican called him back, saying that he could search the place now. The majority of the magistrates refused to
convict, on the ground that the words of the section referred to a delay in admitting a justice or constable into the premises, and not to the particular circumstances proved. It is not unlikely that the case will go further.
In the case of Russell v. Mitchelstown Urban District Council, which came before Mr. Justice Wylie on the 9th inst., an important question was involved as to the power and practice of the courts as regards granting sequestration against local bodies. The plaintiff bad recovered a judgment granting an injunction against the defendants in July 1910 for the abatement of a nuisance in connection with a septic tank which had been erected by the defendants for the disposal of sowage in the urban district. The defendants had made no structural alteration in the tank after the granting of the injunction, but had appointed a permanent and, as they alleged, more efficient caretaker of the works. It was argued on their behalf that they had been guilty of no wilfal disobedience to the injunction, and the case of Fairclough v. Manchester Sewage Canal Company (1897) W. N. 7) was relied on. The plaintiff, on the other hand, relied on the case of Attorney-General v. Walthamstow Local Board (11 Times L. Rep. 533). Mr. Justice Wylie took the course that had been adopted in Lee v. Aylesbary District Council (19 Times L. Rep. 106), and, on the consent of both parties, appointed an independent engineer to make a report as to what moans were necessary to be adopted in order to abate the nuisance.
It is a curious circumstance that the Royal Commissioners on the Land Transfer Acte, wbo issued their report recently, do not refer from the beginning to the end of that report to the very complete system of registration of_title wbich exists in Ireland under the Local Registration of Title Act 1891. The registries which exist in Yorkshire, Middlesex, and Scotland are referred to frequently, but, 80 far as the report is concerned, the commissioners do not seem to be aware that a system very similar to that under the English Land Transfer Acts exists in Ireland. The Registry of Title in Ireland, which was created under the Act of 1891, was largely due to the exertions of Mr. (now Mr. Justice) Madden, who was then AttorneyGeneral for Ireland. His practice in the Land Judge's Court brought him very much in contact with the question of the transfer of land. Many of the problems which the commissioners discussed in their report, and which are etated to involve great difficulties, have already been solved in Ireland, and there is no doubt that if they had examined one of the officials of the Irish Registry of Title they would have been able to present a number of recommendations that are absont from their report. The Irish system of registry is voluntary as regards ordinary transactions ;, it is compulsory as regarde lande purchased under the Lands Purchase Acts. By reason of the enormous transactions that are at present taking place under those Acts, the operations of the Act of 1891 will in a very few years be very general in Ireland. The Act also applies compulsorily to lands scquired by rural district councils under the Labourers Acts, and to lands acquired under the Small Dwellings Acquisition Act 1899. Registration may be of two kinds-registration of absolute ownership and registration subject to equities.” The latter seems
to correspond with the registration of 4 possessory title under the English Acts. The estates capable of first registration are estates of freebold tenure, leasehold estates in wbich more than twenty-one years of the term are unexpired, statutory tenancies, and any right which may be registered as a burden affecting registered lands. In the case of an owner registered “subject to equities,” it is, of course, competent for him to go into his title and have himself registered as full owner. The “dealings" with the registered land comprise transfers (including settlements), charges, transfers of charges, transmissions on death, leases, defea sance (including sales by mort. gagees and charges), releases, cautions and inhibitions, and the discharge of equities. Registered land may be gold and transferred as .freely as if it were unregistered. A charge on registered land way be created either by registered disposition, or by un registered disposition, or by deposit of the land certificate. The code deals also jully with the transfers of charges and sub charges. Land which is compulsorily registrabie de volves on death on the personal represen. tative. In the case of land which is not compulsorily registrable, it devolves in the same manner as if it were unregistered.
Interlocutory appeals from the Chancery Division will be taken in Appeal Court II. to-day (Saturday).
Judgment will be delivered by Mr. Justice Swinfen Eady to-day (Saturday) in British Westinghouse Electric Manufacturing Company v. Electrical Company Limited.
Mr. Justice Phillimore will take the case of Heath v. Drown (nonjury) on Tuesday next.
Mr. Justice Bankes will take the case of Williams v. Valley (Urban District Council on Saturday next at 10.30.
The hearing of the North West Ham election petition commenced at the Law Courts last Tuesday before Mr. Justice Ridley and Mr. Justice Buoknill. This is the last election petition to be tried by the judges.
Mr. Justice Bray having finished the business at Presteign, on the South Wales Circuit, last Monday returned to London and took his seat in court on the following day, proceeding with the common jury list. He will now remain in town until Tuesday, the 4th prox., when he will return to the second part of the circuit at Chester, being joined by Mr. Justice Bankes.
Mr. Justice Bankes, having finished the business at Mold, on the North Wales Circuit, last Monday returned to town and took his seat in court on the following day, proceeding with the short cause list. He will now remain in town until Tuesday, the 4th prox., when bo will return to the second part of the circuit at Chester, being joined by Mr. Justice Bray.
On Tuesday last Mr. Justice Avory opened the commission at Chelmsford, on the South-Eastern Circuit. When the business at this town is finished he will return to London, where he will remain until the end of the sittings.
On Thursday last Mr. Justice Channell left London for Exeter, on the Western Circuit, to join Mr. Justice Coleridge, and opened the commission on the following day. These judgey will not be able to return to London until after the business at Bristol is finished, the commission day for such town being fixed for Saturday, the 1st prox.
Mr. Justice Lush will leave London on Monday next for Appleby, on the Northern Circuit, and will open the commission on the following day. Mr. Justice Lusb will go the circuit alone until Liverpool is reached on Saturday, the 1st proz., when he will be joined by Mr. Justice Horridge. Mr. Justice Lush will not be able to return to London this side of the Long Vacation, as the commission day at Manchester is fixed for Monday, the 17th prox., and it is understood the business at this town will detain them for a considerable time.
On Saturday next, the 24th inst., Mr. Jastice Phillimore will leave London for Hertford, on the second part of the South-Eastern Circuit, and will open the commission on the following Monday.
The courts and offices of the Supreme Court, including the district registries, will be closed on Thursday, Friday, and Saturday next, the 22nd, 23rd and 24th inst.
The June general session was opened o Tuesday lagt at the Sessione-house, Newington, before Mr. Robert Wallace, K.C. (chair. man), Mr. Loveland Loveland, K.C. (deputy chairman), and other justices. The calendar contains the names of 147 persons charged with offences, ninety-three baving been committed from the north side and fifty-four from the south side of the Thames.
The June Session at the Central Criminal Court will commence on Tuesday, the 27th inst., at 10.30.
The Midsummer Quarter Session for cases arising in the county of Middlesex will commence on Saturday, the 1st prox., at the Caxton Hall, Westminster, at ten o'clock.
We are officially informed that when the sittings of the Mayor's Court commence on a Monday, the court sits at eleven o'clock and not at 10.30 a.m.
On Monday last Mr. Justice Neville completed five years' service on the Bench, having been appointed on the 12th June 1906.
On Tuesday last Mr. Justice Bray completed seven years' service on the Bench, having been appointed on the 13th June 1904.
Sir Pope Cooper, Chief Justice of Queensland, left for Brisba ne by the Orient liner Orvieto on the 9th inst.
Ata Congregation of the University of Cambridge held on the 8th inst., the Vice-Chancellor (Mr. R. F. Scott, Master of St. John's) presiding, the degree of Doctor of Laws was conferred upon Mr. Mervyn GilbartSmith, Trinity.
The First International Woman Suffrage Congress was opened at Stockholm on Monday. Delegates, about a thousand in number, were present from all European countries, and also from the United States, South Africa, and Australia.
Mr. Robert Holtby, of Lilling Hall, York, and 'of New-street, York, Bolioitor, Clerk of Arraigns for the North-Eastern Circuit, and Deputy Clerk of Assize, who died at Bournemouth on the 16th April, aged seventy.one years, left estate of the is roes value of £123,076, with net personalty sworn at £108,511.
The late Town Clerk of Bournemouth and Mrs. Bailey have been presented with handsome gifts from Mr. Bailey's late colleagues in the municipal service, and at & meeting held recently there were some interesting reviews of Bournemouth's history during the last nine years—the period of Mr. Bailey's official association with the borough showing that it has been a period of unexampled progress and prosperity,
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