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Mr. Roland Burrows (hon sec.) moved the adoption of the tenth annual report. He said that seventeen new members had joined during the year, and that the membership was now 234. The increasing work of the society had led to the appointment of an honorary editor of transactions, and Mr. W. A. Brend, M.A., M.B., had teen unanimously elected to the office.
Dr. Smith seconded the motion, which was adopted.
The officers of the society were elected as follows: Sir John Tweedy, president; Mr. Walter Schröder, hon. treasurer; Dr. A. G. Bateman, Dr. A. D. Cowburn, and Mr. Arthur S. Morley, council; Mr. Roland Burrows and Mr. J. Howell Evans, hon. secretaries; Mr. R. Salusbury Trevor and Mr. Walter C. Williams, hon. auditors; Mr. W. A. Brend, hon. editor of transactions. Mr. Justice Horridge and Mr. Digby Cotes-Preedy were added to the list of vice-presidents.
On the motion of Mr. Roland Burrowe, a resolution was passed to the effect that after the 12th July 1912 the tenure of office of the president shall not be for more than two consecutive years
THE annual general meeting was held on Monday, at the Law Library, the president, Mr. George H. Charlesworth, being in the chair. There were also present: Mr. W. H. Foyster (vice-president), Mr. J. F. Milne (hon. treasurer), Mr. C. J. E. Crosse (hon. secretary), and Messrs. S. F. Butcher. C. T. Bateman, D. F. Hart, W. H. Norton, Elkanah Hewitt, Alfred Tarbolton, J. B. Parkinson, A. E. Fearns, S. H. Seville, A. Hosegood, R. W. Rylands, W. W. Briggs, R. B. Sicree V. B. Parker, John Marriott, J. B. Hartley, Wm. Harrison, H. L. Farrar, E. Farrington, C. H. Johnson, J. A. Grundy. J. W. Robson, E. Shivpey, M. Rigby, F. A. Padmore, James McDonald, F. Megson, and G. P. Rhodes. The annual report stated that the system rnder which a judge of the High Court was assigned to take the civil business set down for each sitting at the High Court at Manchester and Liverpool, and to hold resumed sittings at both cities, had been in full force during the year, and that the results had been very satisfactory. The committee were much indebted to the judges assigned to take this work for communicating with them in relation to the regulations issued for the several sittings and for acting upon suggestions which the committee had from time to time been able to make in reference to the arrangement and conduct of the business. With regard to the number of special jurors who could be summoned to attend at any assize, the committee had made representations on the subject to the Lord Chancellor, and a Bill had now been passed under which an unlimited number of of special jurors could now be summoned. The president, in moving the adoption of the report, said that the members would all see that the society had transacted a great deal of business during the past year.
The following were re-elected officers for the ensuing year: President, Mr. W. H. Foyster; vice-president. Mr. A. Tarbolton; hon. treasurer, Mr. J. F. Milne; hon. secretary, Mr. C. J. E. Crosse; hon. auditors, Mr. G. P. Rhodes and Mr. R. G. Edgar.
The president (Mr. G. H. Charlesworth), in his address, said that it was satisfactory to record that they had now 381 members. The past year had been memorable for the publication of the report of the Royal Commission on the Land Transfer Acts. The report in the main justified the objections of their profession to the existing system, but there was no doubt that serious attempts would be made to extend the principle of compulsory registration of title. The Lord Chancellor did not appear to have understood the attitude of the Legal Profession towards the existing Land Transfer Acts. It had been abundantly shown that the system under the existing Acts was not only more costly than the present general practice, but also that it afforded no greater security to the landowner. The Lord Chancellor claimed that under the present system of registration of title the registered owner had the security of the State, but this claim was not well founded in the case of registration with possessory title, and the great majority of registered titles were possessory only. The great expense attendant upon regis. tration with absolute title had been found to be prohibitive. If the Lord Chancellor was correct in his statement that the cost of the present system of conveyancing was "a clog on landed property," then it was impossible to justify the increase by 100 per cent. of the stamp duties on the transfer of land and on leases. He was glad to observe many indications of the desire of those in high places not only to expedite administration of justice and increase the facilities for the disposal of litigation, but also to reduce the cost of actions. Speedy and certain justice at a reasonable cost was what the business man desired. By reason of delay and expense of ordinary litigation he was driven to refer his disputes to arbitration tribunals which offered him a rough-and ready method of deciding the points at issue. The proposals contained in the County Courts Bill, now under the consideration of the House of Lords, were an attempt to deal with the demand for speedier and cheaper justice. By the Bill all actions, with one or two exceptione, might be commenced in the County Court, whatever might be the amount of the claim, subject to the absolute right of removal to the High Court, at the instance of the defendant, of actions which exceeded in amount the present County Court jurisdiction. This was a much-needed reform, and it was to be hoped that the Bill would pass through Parliament. The congestion of business in the Manchester and Salford County Courts had been the subject of anxions consideration by the society, and the efforts which they had made had received the support of the Manchester Bar Council, the corporation of Manchester, the borough of Salford, and the Chamber of Commerce, and
he was sure it was not out of place to express their appreciation of the help which had been given to them in their efforts to secure for the Manchester and Salford County Courts the exclusive services of two judges, which the important character and increasing volume of business required. The Salford Hundred Court had also been the subject of inquiry and report, and their esteemed hon. secretary, Mr. Crosse, had, amongst his many duties ably and willingly performed, found time to give evidence at the inquiry and to represent the views of the society. There was no doubt that the increased jurisdiction proposed to be given to County Courts would have the effect of decentralising the administration of justice, and the County Courts would become rivals of the assize courts, and it should therefore be to advocacy to which solicitors should turn their attention. With regard to sect. 51 of the National Insurance Bill, dealing with distress for rent and ejectment, he was of opinion that this cection should be altogether eliminated from the Bill. The president, in conclusion, said he could not vacate the chair without expressing his great indebtedness to their hon. secretary, Mr. Crosse, for the untiring energy and the ability with which he discharged his numerous and onerous duties.
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. FRANK SAFFORD has been appointed a Revising Barrister on the South-Eastern Circuit. Mr. Safford was called by the Middle Temple in 1869, and is Recorder of Canterbury.
Mr. HENRY COWPER GOLLAN, Attorney-General, has been appointed King's Counsel for the Colony of Trinidad and Tobago. Mr. Gollan was called by the Middle Temple in 1891.
Mr. EMMANUEL ELLIOTT SCIPIO POLLARD, barrister-at-law, has been appointed King's Counsel for the Colony of Trinidad and Tobago. Mr. Pollard was called by Gray's-inn in 1887.
Mr. CYRUS PRUDHOMME DAVID, barrister-at-law, has been appointed King's Counsel for the Colony of Trinidad and Tobago. Mr. David was called by Gray's-inn in 1889.
Mr. F. LLEWELLYN-JONES, B. A., LL B, solicitor, Mold, has been appointed Clerk to the Lieutenancy of Flintshire. Mr. LlewellynJones was admitted in 1891.
Mr. JAMES KENYON PARKER has been appointed Coroner of the Sheffield City and County Borough and of the Rotherham County Division of the West Riding of Yorkshire, in succession to his late partner, Mr. Dossey Wightman. Mr. Parker was admitted in 1889.
Mr. ARTHUR SAVILLE COHEN, of the firm of Arthur Benjamin and Cohen, of College-hill Chambers, College-hill, Cannon-street, has been appointed a Commissioner for all the Divisions of the Supreme Court of South Africa.
Mr. EDWIN LUnnon Greaves, of Serjeants'-inn, London, has been appointed a Commissioner for Oaths. Mr. Greaves was admitted in 1896.
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.-The daily papers publish a notice of a Bill to be introduced by Lord Loreburn which will establish registry offices in every town, and will, as far as I can see, completely take away from solicitors the business of_conveyancing, which is the only business in the law worth having. The Government will, no doubt, appoint their own nominees as officials, and we shall lose our livelihood in this branch as we have already lost bankruptcy work and most of the probate work, to say nothing of the work done by the Official Trustee. That the authorities desire to cheapen the transfer of land I greatly doubt, as stamp duty has recently been increased cent. per cent. If there is any saving, it will be taken out in some new tax or other, and used for social reforms or dressing the shop window. Meantime, are we, who might, if united, be the strongest trades union in the world and control legislation, to take this lying down? The Profession has never resisted necessary reforms in the interest of the public, but we have seen officials paid to do our work without a murmur, and we shall see it again if we do not press for fair treatment. The costs of conveyancing are only fair and reasonable now; nothing will be saved if the true expenses of registriee art ever known. Transactions in land are few and far between, and the taxes and rates have frightened buyers. F. C. PEARCE.
POLICE ADVOCATES.-We have read, with appreciation, the paragraph in your issue of the 22nd inst. relating to this matter. It is not, however, only Chief Constables who act as advocates in police prosecutions. Inspectors, sub-divisional inspectors, and superintendents aleo do so, and they are allowed to put leading questions and to cross-examine witnesses, as well as to introduce matter wholly irrelevant to the issue. What makes things worse is that in any police prosecution, important or otherwise, the police always read their evidence. As each officer is called into the box he produces a book which is supposed to contain a few "notes as to dates and hours, &c., when the alleged offences have been committed, but as a matter of fact these so called "notes are complete proofs of the police evidence. That this is so can easily be proved by an examination of the depositions with the written matter in the said books.
We have tested and proved this on more than one occasion, and have, in addition, repeatedly called the attention of the magistrates in petty sessional courts to the matter, but to no purpose. While the police are giving evidence their eyes are riveted on their books, and it is very rare that an answer can be given to the most simple question in cross-examination until the police witness has referred to his book. There is no doubt whatever that this method of giving evidence is illegal. If the police are allowed to give evidence in this improper manner, why should not other witnesses for the prosecution or defence have the same opportunity given to them? It would be a great convenience to nervous or elderly persons, or those in a weak state of health, if they were permitted to read their evidence, or to give evidence by way of affidavit; but we need scarcely say that, while the police are allowed to conduct prosecutions and give evidence in almost any manner they think fit, barristers and solicitors, and the ordinary public, are tied down strictly to the legal and proper manner of conducting their cases, and are instantly pulled up by the magistrates, and even by the police, if they attempt to do otherwise. In courts presided over by a stipendiary, the police are not allowed to act as advocates, nor to read their evidence, and it is difficult to understand why in petty sessional courts any greater latitude should be granted, or why the unpaid magistrates sitting at such courts should depart from the usual practice and not only allow the police to act as advocates, but to give evidence in their own peculiar SHERWOOD, BAKER, AND HART.
DISENDOWMENT.-My attention has been drawn to an article on "Disendowment" by "A Solicitor" in your issue of the 8th inst. which is almost verbally identical with one previously appearing in the Liberator-the organ of the Liberation Society-by a Dr. Bennett, of Grimsby, who is well known for his literary attempts in the local Press in support of distinctly singular views on the Establishment of the Church of England. It would require more space than you would be able to grant me to point out all the inaccuracies of your correspondent, but I would beg for room in which to draw attention to a few significant omissions-so typical of the Liberationist in controversy-in his one-sided statement. "A Solicitor" is fond of bringing Freeman into his articles and letters, and, after pointing out some examples of the way in which the State has dealt with ecclesiastical endowments, he quotes the sentence "Ours is a land of precedent, and here is precedent enough." It is to be regretted that Freeman's words on the previous page are not also quotedwords in which he points out. that, while the legal process was the same in each case, under Henry V. and Victoria "the confiscated property was well applied, and that under Henry VIII. it was badly applied"; while he also shows that what was done by Henry V. and Victoria "stands out among all the others for the purity of motive which led to the confiscation, and for the wise purposes to which the confiscated property was applied." It is a pity, too, that "A Solicitor" did not think it well to mention another illustration of the State's action in regard to ecclesiastical property-I mean the suppression of the Regium Donum-but perhaps this was omitted by your correspondent as it was the gift of the State to Nonconformity, which was then being dealt with by the civil power "as it thinks fit in the public interest." It is only natural that the unfortunate and most inaccurate view of Bishop Welldon-opposed as it is to the highest legal, historical, and ecclesiastical authorities-that at the Reformation the State took away funds from the Church of Rome and transferred them to the Church of England should be seized on by "A Solicitor." But surely there is a suggestio falsi about his next sentence, in which he says "the bishop sums up" that a nation acts within its moral as well as within its legal rights when it decides upon disestablishment and disendowment ? One might imagine from these words that Bishop Welldon was in favour of disestablishment and disendowment; as a matter of fact his book is an earnest and weighty plea against these evils. He points out that" to take away property which has been held by an individual or a society for many generations is to strike a blow at the roots of all property"; and that any project "for depriving the Church in Wales, when she needs larger funds, of such funds as she now possesses for the spiritual work which her clergy are admittedly doing in a self-sacrificing spirit and to the benefit of the Welsh nation is not 8 friendly but a hostile proposal. It seems to emanate from men who do not wish well to the spiritual work of the Church; from men who care less for religion than for the gratification of the ill-will unhappily arising out of religious differences." It is a little surprising that in a legal journal, of all places in the world, "A Solicitor "" should make much of the fact that at the Reformation, when changes were made in doctrine, ceremonial, and discipline, "the clergy had either to accept these changes or lose all share in the ancient endowments." Your correspondent is so impressed with this view that he returns to it later on, and, after showing that Parliament passes Acte defining the conditions on which alone the ecclesiastical endowments are to be held (compelling clerical residence, fixing the exact words to be used in public prayer, &c.), remarks: "No one can enjoy a single penny of ecclesiastical tithe or a single acre of glebe except on condition of being subject to these laws or to any similar laws which Parliament may at any time choose to pass." On this statement your legal readers will surely feel inclined to say "You're another," for "A Solicitor" has omitted to mention-he surely cannot be ignorant of ?—the fact, well known to all jurists, that the so-called "Free" Churches are in precisely the same condition, the tenure of their property being dependent upon their faithfulness to the doctrines and regulations set forth in their trust deeds. If "A Solicitor" will look at the Longton Caroline street Chapel Charity Bill and the Kingswood Whitfield
Tabernacle Charity Bill in the session of 1908, he will find that, at the Archbishop of Canterbury well pointed out at the time, "in each of these arrangements are made by Act of Parliament as to the conditions upon which alone the pastor and the other officials of these different chapels may hold office; and you will find in the schedule to the Bill, every word of which is capable of amendment, a setting forth of the whole doctrine and the creeds which are there to be held. The doctrines are set forth in words so profound and so solemn that they are really practically the teaching of the Apostles' Creed, though they are put in other terms. They are set forth in doctrinal detail and embodied as a portion of the schedule of this Act of Parliament, and there is stated in the course of the Act what are the conditions upon which alone a man may have a tenure of his office. Now, I will say, without fear of contradiction, that you may search the Acts of Parliament for 300 years in England before you will find a single Act dealing with the affairs of the Established Church of England with such an amount of doctrinal detail as the affairs of these non-established people were dealt with in Parliament last year." Once more A Solicitor's " omissions in his sketch of the history of the seventeenth century are most striking. He remarks that those ministers who were ejected in 1662 were denied any share in the ancient endowments, "as they were not prepared to swallow every morsel of rite and ceremony and doctrine and discipline enforced by the State in the new Act," but he fails to tell us how these men got there; that the lawful canonical incumbents had been forcibly ejected by the State in favour of men without episcopal ordination, and many of them without any ordination at all. A study of this period of our history will show that these individuals were not in favour of disendowment, for they-the spiritual forefathers of modern Nonconformity-distrained the goods and imprisoned the persons of those who refused to pay tithes in aid of the State. appointed and State-supported religion of the Commonwealth. In this connection I may be allowed again to quote Bishop Welldon, who drives home the fact that the plea for disendowment is an afterthought and a somewhat late afterthought-of Nonconformiste, for, as be truly says, it "was no part of the principles advocated by the founders and leaders of the great Nonconformist bodies. It was not a conviction entertained by such persons as Cromwell, or Wesley, or Chalmers."
T. MARTIN TILBY, Secretary, Central Church Committee for Defence and Instruction.
Church House, Westminster, S. W., July 25, 1911.
NOTES AND QUERIES.
This column is intended for the use of members of the Legal Profession, and therefore queries from lay correspondents cannot be inserted. Under no circumstances are editorial replies undertaken. None are inserted unless the name and address of the writer are sent, not necessarily for publication, but as a guarantee of bona fides.
14. INTESTACY.-A man dies intestate, leaving a widow but no issue, and his total estate (including a freehold house) is under £500. The widow is the administratrix, and has paid all the debts and funeral and testamentary expenses. What is necessary to perfect her beneficial title to the freebold? Would a statement by her under hand. setting out the material facts and that she holds the freehold beneficially, and not as administratrix, be sufficient? Or, if a conveyance is essential, would a conveyance (reciting the material facts) from her to A. and his heirs to the use of herself and her heirs discharged from the debts and funeral and testamentary expenses of the deceased be sufficient? SOLICITORS.
15. COPYHOLD.-A. was a copyhold tenant who died without being admitted. By his will he devised his copy holds to his son B., who is about to be admitted. Can the fines, heriots, and fees be paid out of the residuary personalty of A., deceased, or must B. pay them out of his own pocket? SUBSCRIBER.
(Q. 13) AGENTS.-The case of Thuman v. Best (97 L. T. Rep: 239) would appear to have some bearing on the point raised_by "Dubitans." R.
THE COUNTY COURTS CHRONICLE AND GAZETTE OF BANKRUPTCY.To enable it to treat more completely of the many matters on which the Judges, Officers, and Practitioners require to be kept regularly informed and to give to it the importance which, as the Journal of the County Courts, and their long-established official organ, it is entitled to assume, it has been greatly improved and enlarged in accordance with the extension of the Jurisdiction of the County Courts under 30 & 31 Vict. c. 142, 46 & 47 Vict. c. 52, 51 & 52 Vict. c. 43, and 53 & 54 Vict. c. 63. The Reports of Cases relating to County Courts Law decided by the Superior Courts are in octavo form, as more convenient for citation in Court. Communications ara anaially invited to the department of " Queries," which is designed to do for the County Courts what the "Justice of the Peace" does for the Magistrates' Courts. N.B.-The "County Courts Chronicle" was commenced with the County Courts. It is recognised as the official organ of the Courts. Monthly, price 1s. 6d. -HORACE COX, "Law Times" Office, Windsor House, Bream'sbuildings, E.C.—[ADVт.]
LAW STUDENTS' JOURNAL.
TO SECRETARIES.-Reports of meetings should reach the office not later than first post Thursday morning to ensure insertion in the current number.
THE LAW SOCIETY.
HONOURS EXAMINATION.-JUNE 1911.
The names of the solicitors to whom the candidates served under articles of clerkship are printed in parentheses.
Ar the examination for honours of candidates for admission on the roll of solicitors of the Supreme Court, the examination committee recommended the following as being entitled to honorary distinction:
First Class (in order of merit).
Batt. Francis Raleigh (Mr. Richard Tapley, of Exeter, and Messrs. Robbins and Co., of London).
Thairlwall, William, LL.B. Lond. (Mr. F. J. Thairlwall, of the firm of Messrs. Thairlwall and Son, of London).
Second Class (in alphabetical order).
Cursham, Curzon (Mr. B S. Wright, of Nottingham).
Moore, Donald Gwyther (Mr. H. O. Moore, of Derby and Duffield, and Messrs. Maude and Tunnicliffe, of London).
Peters, Leslie Willis (Mr. Percy Maurice Crawcour Hart, of the firm of Messrs. Watkin Williams, Steel, and Hart, of London).
Radley. Oswald Alfred (Mr. Edward Ashley Plant, of the firm of Messrs. Sheldon and Plant, of Congleton).
Sargent, Frank Leyden (Mr John Theodore Goddard, of London).
Whitelegge, Christopher Horsley (Mr. E. T. M. Teesdale, of the firm of Messrs. Maples, Teesdale, and Co., of London).
Third Class (in alphabetical order).
Chapman. Lawrence Vaughan, B.A. Lond. (Mr. H. F. Cracknall, of the firm of Messrs. Greenfield and Cracknall, of London).
Crook, Algernon Harvey (Mr. H. W. Milnes, of the firm of Messrs. Crook, Milnes, and Jones, of London).
Gillett, Norman Cornelius, LL.B. Lond. (Mr. E. B. Knight, of the firm of Messrs. Wontner and Sons, of London).
Jones, Gershom Stewart, LL.B. Liverpool (Mr. Arthur McDouall Hannay, of Liverpool).
Knowles, William Doudney (Mr. E. W. Pierce, of Liverpool).
Lane, Hector Alan (Mr. H. F. W. Gwatkin, of Poole, and Messrs. Wyatt and Co., of London).
Jeffman, Frank Emil (Messrs. Spyer and Sons of London).
McBride, Walter. BA. Oxon. (Messrs. Batten, Proffitt, and Scott, of London).
Marsh, Duncan (Mr. Athelstan Rendall, M.P., of the firm of Messrs. Rendall and
Martin, Leslie Commerford (Mr. F. W. Martin, of Gravesend).
Pennington, John (Mr. G. Wilson Picton, of the firm of Messrs.Kelly, Picton, and
Price, Walter Hugh (Mr. Walter Jones Price, Mr. John Armitage Price (deceased). and Mr. Samuel Hugh Price, all of the firm of Messrs. Samuel Price and Sons, of London).
Sugden, Thomas Edward, LL.B Lond. (Mr. James William Sugden, of Keighley).
The council of the Law Society have accordingly given class certificates and awarded the following prizes of books: To Mr. Batt and Mr. Thairlwall each, the Clement's-inn Prize, value about £10, and the Daniel Beardon Prize, value about 20 guineas; to Mr. Cursham, the John Mackrell Prize, value about £9.
The council have given class certificates to the candidates in the second and third classes.
One hundred and thirty-one candidates gave notice for the examination.
London, and obtaining second-class honours in his final examination, was elected to a scholarship at Caius College, Cambridge, in 1907, and succeeded in securing the first place in both parts of the Cambridge Law Tripos in 1908 and 1909 respectively. He was also president of the Union Society. Returning to London in 1909 he became a partner in the firm of Ballantyne, McNair, and Co., and has had considerable experience of commercial and common law work. He is thus well fitted, both by his theoretical and his practical training, for the post to which he has been appointed.
3. Where any person served with a third party notice by a defendant or by a third party under these rules claims to be entitled to contribution or indemnity over against any person not a party to the action he may by leave of the court or a judge issue a third party notice to that effect; and the preceding rules as to third party procedure shall apply mutatis mutandis to every notice eo issued, and the expressions "third party notice " and "third party " in these rules shall apply to and include every notice so issued and every person served with such notice respectively.
ORDER XXII., RULE 17.
4. The following words shall be added at the end of Order XXII., Rule 17:"Guaranteed Land Stock issued under the Act 54 & 55 Vict. "Guaranteed 2 p.c. Stock issued under the Act 3 Edw. 7. c. 37. "Guaranteed 3 p.c. Stock issued under the Act 9 Edw. 7, c. 42."
5. Order XXXV., Rule 21, shall be read as if after the words "proceeding in a district registry" the words "other than those at Liverpool and Manchester were inserted, and as if there were added at the end of the rule the words In causes or matters proceeding in the district registries at Liverpool or Manchester all documents shall be filed in the district registry in which the cause or matter is proceeding."
ORDER L, RULE 16.
6. Order L, Rule 16, shall be read as if there were inserted at the commencement thereof the words "Except as provided in the next following rule.'
ORDER L., RULE 16a.
7. Where the amount for which security is to be given does not exceed £500 such security may be given by an undertaking in the form specified in the appendix to these rules, which may be cited as Form No. 21a of Appendix L. of the Rules of the Supreme Court. Such undertaking shall be signed by the receiver and his surety or sureties, or in the case of a guarantee or other company shall be sealed with the seal of such company or otherwise duly executed. The undertaking shall be filed in the Central Office or where the proceedings are pending in a district registry in such registry, and kept as of record until the same shall have been duly yaoated.
ORDER LIV., RULE 12, CLAUSE (e).
8. Order LIV., Rule 12, Clause (e), shall be read as if the words were added at the end of the clause. "and charging orders
ORDER LV., RULE 15.
9. Order LV., Rule 15, shall be read as if the following proviso were added at the end thereof, namely
Provided that every order made in chambers which shall not have been made by the judge personally shall be marked in the margin thereof with the name of the master responsible for such order.
10. Order LVI. is hereby annulled, and the following rules shall stand in lieu thereof :
1. This order shall apply to references by the court or a judge or by agreement of reference to the Admiralty Registrar, whether the reference be to the registrar alone or to the registrar assisted by one or more merchants or other assessor.
2. Within twenty-one days from the day when the order for the reference is made, or an agreement for a reference is filed, the claimant shall file the claim and vouchers, and affidavits, if any, and, except in a limitation action, serve copies thereof on the opposite party; failing which the court may, on the application of any other party, dismiss the claim.
3. The claimant shall, except in a limitation action, after the filing of the claim and vouchers, obtain a day for the reference either by summons or by agreement, and when such day has been obtained be shall lodge in the registry a notice praying to have the reference placed in the list for hearing with the stamps for the reference affixed thereto.
4. In a limitation action the day for the reference will, after the expiration of the time limited by the court for the filing of claims, be appointed by the registrar; and upon receiving notice thereof, the plaintiff shall place the reference in the list for hearing by lodging a notice as mentioned in rule 3.
5. At the time appointed for the reference if the counsel or solicitor for any party be present, the reference may be proceeded with, but the registrar may adjourn the reference from time to time, as he may deem proper.
6. Evidence may be given vivâ voce or by affidavit, or in such other manner as may be agreed upon, and the evidence may, on the application of either party, but at the expense in the first instance of the party on whose behalf the application is made, b; taken down by a shorthand writer appointed by the court, and in euch case transcript of the shorthand writer's notes, certified by him to be correct, shall be admitted to prove the oral evidence of the witnesses on an objection to the registrar's report.
7. Counsel may attend the hearing of a reference, but the expenses attending the employment of counsel shall not be allowed on taxation. unless the taaing officer shall be of opinion that the attendance of counsel was necessary.
8. The registrar shall in his report make such order as he shall think fit, as to the costs of the reference.
9. The claimant, or in a limitation action the plaintiff, who bas received notice from the registry that the report is ready, shall, within six days from the time when he has received such notice, file the report and serve a notice of such filing on the opposite party, or in a limitation action on the claimants.
10. If the claimant shall not take the steps prescribed in Rule 9, the opposite party may take up and file the report, and apply for its confirmation, or may apply to the court to have the claim dismissed with costs. In a limitation action, if the plaintiff shall not take the steps prescribed in Rule 9, a claimant may take up and file the report and apply for its confirmation.
11. A party who intends to object to the registrar's report shall, within fourteen days from the notice of the filing of the report, file in the registry a notice that he objects to the report, and a copy thereof shall be served on the opposite party.
12. An objection to a report shall be brought before the court either by motion, or on petition in objection to the report, and an answer thereto. A notice of motion in objection to a report shall be filed within ten days from the filing of the notice of objection, and a petition shall be filed within the same time, and served on the opposite party, and the answer there to shall be filed within ten days from the service of the petition, and a copy served on the opposite party.
13. All the rules respecting the pleadings and proofs in an action, and the printing thereof, shall, so far as they are applicable, apply to the pleadings, proofs, and printing in an objection to a report of the registrar.
14. This order shall apply to references in district registries, as well as to references in the principal registry.
ORDER LXII., RULE 142.
12. Every judgment or order shall unless otherwise ordered be drawn up and entered within forteen days from the date thereof, and if any judgment or order shall not have been drawn up and entered within the time aforesaid the registrar responsible for the drawing up of such order shall report to the judge in writing as to the reason why the provisions of this rule have not been complied with and whether in his opinion any and which of the parties or their solicitors are responsible for the delay, and thereupon the judge may direct such parties or solicitors to attend before him and may unless a satisfactory explanation be forthcoming make such order as to the payment of all or any part of the costs of drawing up and entering the judgment or order as he shall think fit. He may also direct that as against any party responsible for such delay the time for appealing from such judgment or order shall run as from the date when the same ought to have been drawn up and entered in accordance with this rule.
ORDER LXII., RULE 143.
13. In all actions or matters tried in the Chancery Division with witnesses the judgment or order shall unless the judge for some special reason otherwise direct be drawn up without entering the evidence.
ORDER LXII, RULE 14c.
14. If any judgment or order as last aforesaid be appealed, it shall be the duty of the appellant within four days after service of the notice of appeal to take an appointment before the registrar for the purpose of settling a schedule of the evidence used at the hearing. In settling such schedule the same procedure ehall be followed as herein before provided with regard to the drawing up of ordere. If there shall be any dispute between the parties as to what evidence shall be entered as read, the matter shall be adjourned to the judge before whom the action or matter was tried and he shall decide the question in dispute and may give such directions as to the costs of the adjournment as he may think fit. Subject to such direction (if any, the costs of settling the said schedule shall be costs in the appeal. The schedule of evidence shall be signed by the registrar but shall not be entered nor shall the judgment or order be amended so as to incorporate the same unless the Court of Appeal shall so direct.
ORDER LXII, RULE 147.
15. If at the trial of such action or matter the parties shall havə agreed that any bundle of copy correspondence, or of other documents, shall be taken as put in subject to all just exceptions as to whether any of the documents in such bundle are evidence or otherwise such bundle shall be marked by the registrar for identification and entered as put in saving all just exceptions, without referring to the particular documents actually read. The appellant shall within ten days after the said schedule has been signed by the registrar give notice to the respondent which of the said documents he intends to read on the appeal, and he shall not be bound to supply copies for the use of the Court of Appeal of any documents not included in such notice unless as to any further document or documents some respondent shall by notice in writing specifying such document or documents and delivered at least ten days before the hearing of the appeal require him so to do. The Court of Appeal may on the hearing of the appeal make such special order as they think fit in reference to any costs occasioned by any notice under this rule or thrown away by supplying copies of documents which are not admissible in evidence or are unnecessary for the purposes of the appeal, but subject to such special order, if any, the existing power of the taxing master shall not be affected by this rule.
I of in the county of the receiver (and manager) appointed by order dated (or proposed to be appointed) in this action hereby undertake with the court to duly account for all moneys and property received by me as such receiver (or manager) or for which I may be held liable and to pay the balances from time to time found due from me and to deliver any property received by me as such receiver (or manager) at such times and in such manner in all respects as the court or a judge shall direct. And we
hereby jointly and severally (a) undertake with the court to be answerable for any default by the said (as such receiver or manager) and upon such default to pay to any person or per.ons or otherwise as the court or a judge shall direct any sum or eums not exceeding in the whole £ that may from time to time be certified by a master of the Supreme Court to be due from the said receiver and we submit to the jurisdiction of the court in this action to determine any claim made under this undertaking.
(a) In the case of a guarantee cr other cor pary strike cut" jointly and severally."
HIGH COURT OF JUSTICE.-LONG VACATION
DURING the Vacation up to and including Tuesday, the 5th Sept., all Applications "which may require to be immediately or promptly heard" are to be made to the Hon. Mr. Justice Horridge.
COURT BUSINESS.-The Hon. Mr. Justice Horridge will, until further notice, sit in the Lord Chief Justice's Court, Royal Courts of Justice, at 11 a.m. on Wednesday in every week, commencing on Wednesday, the 9th Aug, for the purpose of hearing such applications of the above nature as, according to the practice in the Chancery Division, are usually heard in court. No case will be placed in the judge's paper unless leave has been previously obtained, or a certificate of counsel that the case requires to be immediately or promptly heard, and atating concisely the reasons, is left with the papers. The necessary papers, relating to every application made to the Vacation judges (see notice below as to judges' papers), are to be left with the cause clerk in attendance, Chancery Registrars' Office, Room 136, Royal Courts of Justice, before one o'clock two days previous to the day on which the application is intended to be made. When the cause clerk is not in attendance, they may be left at Room 136, under cover, addressed to him, and marked outside Chancery Vacation papers, or they may be sent by post, but in either case so as to be received by the time aforesaid.
URGENT MATTERS WHEN JUDGE NOT PRESENT IN COURT OB CHAMBERS.-Application may be made in any case of urgency, to the judge, personally (if necessary), or by post or rail, prepaid, accompanied by the brief of counsel, 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, sufficiently stamped, capable of receiving the papers, addressed as follows: "Chancery Official Letter: To the Registrar in Vacation, Chancery Registrars' Office, 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. The address of the judge for the time being acting as Vacation judge can be obtained on application at Room 136, Royal Courts of Justice.
CHANCERY CHAMBER BUSINESS.-The chambers of Justices Joyce and Eve will be open for Vacation business on Tuesday, Wednesday, Thursday, and Friday in each week, from ten to two o'clock.
KING'S BENCH CHAMBER BUSINESS.-The Hon. Mr. Justice Horridge will, until further notice, sit for the disposal of King's Bench business in Judges' Chambers at 11 a.m. on Tuesday and, if necessary, also on Thursday in every week, commencing on Tuesday, the 8th Aug. PROBATE AND DIVORCE.-Summonses will be heard by the registrar, at the Principal Probate Registry, Somerset House, every day during the Vacation at 11.30 (Saturdays excepted). Motions will be heard by the registrar on Wednesdays, the 16th and 30th Aug:, the 13th and 27th Sept., at the Principal Probate Registry, at 12.30. Decrees will be made absolute on Wednesdays, the 9th and 23rd Aug, the 6th, 20th, and 27th Sept. All papers for motions and for making decrees absolute are to be left at the Contentious Department, Somerset House, before two o'clock on the preceding Friday. The offices of the Probate and Divorce Registries will be opened at eleven and closed at three o'clock, except on Saturdays, when the offices will be opened at ten and closed at one o'clock.
JUDGE'S PAPERS FOR USE IN COURT.-CHANCERY DIVISION.-The following papers for the Vacation judge are required to be left with the cause clerk in attendance at the Chancery Registrars' Office, Room 136, Royal Courts of Justice, on or before one o'clock, two days previous to the day on which the application to the judge is intended to be made: 1. Counsel's certificate of urgency or note of special leave granted by the judge. 2. Two copies of writ and two copies of pleadings (if any), and any other documents showing the nature of the application. 3. Two copies of notice of motion. 4. Office copy affidavits in support, and also affidavits in answer (if any).
N.B.-Solicitors are requested, when the application has been disposed of, to apply at once to the judge's clerk in court for the return of their papers.
Chancery Registrars' Office, Royal Courts of Justice,
THE BANKRUPTCY ACTS 1883 AND 1890. RECEIVING ORDERS.
GAZETTE, JULY 21.
To surrender at the High Court of Justice, in Bankruptcy. BOSWALL, RANDOLPH HOUSTON, Norfolk-st, Strand, advertising contractor. July 18.
BRILLIANT, LEO, Priory-ct, Mazenod-av, West Hampstead, cinematograph proprietor. July 17.
MARSHALLSAY, EDWARD, South-wharf, Paddington, hay salesman. July 18. O'SHEA, GERARD HENRY WILLIAM, Grafton-st, Piccadilly. Court of Appeal (Bankruptcy). June 15.
To surrender at their respective District Courts. AUSTIN, CLAIRE SYLVIE, Crawley, furniture dealer. Ct. Brighton. July 19.
BOURN, WALTER, Richmond, stationer. Ct. Wandsworth. July 18. BARGERY, FREDERICK HENRY, Coed Ely, collier. Ct. Pontypridd, Ystradyfodwg, and Porth. July 18.
BIRCH, ALBERT GEORGE, Market Deeping, outfitter. Ct. Peterborough.
BAKER, ALFRED HARDING, Westcliff-on-Sea, commercial traveller.
COWDY, WILLIAM WALLACE, Croydon. Ct. Croydon. July 18.
FARDON, FREDERICK, Spoonley, farmer. Ct. Cheltenham. July 18.
GRIFFITHS, G. H., Beckenham. Ct. Croydon. July 18.
GOWING, ROBERT, Brundall, blacksmith. Ct. Norwich. July 18.
HAYHURST, TAYLOR, AND LILLEY, Liverpool, auctioneers. Ct. Liverpool.
HAWKES, PERCY VICTOR, Braintree, printer. Ct. Chelmsford. July 17.
JAMES, HARRY WATKIN, Saint Dogmells, sculptor. Ct. Carmarthen.
OWEN, WILLIAM, Seaforth, contractor. Ct. Liverpool. July 19.
PALMER WILLIAM, Stoke-on-Trent, farmer. Ct. Stoke-upon-Trent and
REES, JOHN, Kidderminster, grocer. Ct. Worcester. July 18.
SMITH, THOMAS WILLIAM, and SMITH, WALTER EDWARD (trading as Smith Brothers), Selby, builders. Ct. York. July 17.
WILLIAMS, JOHN THOMAS (late trading as J. and M. Williams), late Arnside, boarding-house keeper. Ct. Barrow-in-Furness Ulverston. July 18.
To surrender at their respective District Courts. ALLEN, FREDERICK STEPHEN PESKETT, Manchester, wholesale fish salesman. Ct. Manchester. July 20.
BARFORD, JAMES, Daventry, carrier. Ct. Northampton. July 22 BELL, RICHARD FELL (trading as R. F. Bell and Sons), Ambleside, ironmonger. Ct. Kendal. July 22.
CHARLES, JOHN, Mountain Ash, draper. Ct. Aberdare and Mountain Ash. July 20.
GOODALL, EDWIN FREDERIC, Birmingham, general merchant. Ct. Birmingham. July 18. HARDING, ALFRED SIDNEY COWELL, Torquay, painter. Ct. Exeter.
HERFORD, HENRY FRANCIS, Budleigh Salterton, gentleman. Ct. Exeter. July 21
HERON, IRENE CLARISSA LORIANNE, Battersea Park, spinster. Ct. Wandsworth. July 22.
HERRING, CHARLES EDWARD, Stubton, farmer. Ct. Nottingham. July 22. HARRIS, ALFRED JAMES, Shoeburyness, builder. Ct. Chelmsford. July 19. JONES, SEPTIMUS, and GRIGGS, BENJAMIN, Wollaston, shoe manufacturers. Ct. Northampton. July 21.
KITCHEN, CHARLES JOSEPH, Great Grimsby, labourer. Ct. Great Grimsby.
LEDGARD, ALFRED, Leeds, general dealer. Ct. Leeds. July 19.
MONTAGU, ROBERT CROMBIE (trading as Harry Graham), Maidenhead, dealer in antiques. Ct. Windsor. July 22.
MILLS, WILLIAM, Royton, carrier. Ct. Oldham. July 20.
NIX, WILLIAM HILL, Southminster, motor engineer. Ct. Chelmsford. July 19.
OVERBURY, JAMES WILLIAM, Gloucester, butcher. Ct. Gloucester. July 20.
RANDELL, JACK G., Southwater, gentleman Ct. Brighton. July 20. RUSSELL, BARTHOLOMEW FARROW, Carlin How, grocer.
Tees. July 21.
ROBINS, THOMAS, Huddersfield, schoolmaster. Ct. Huddersfield. July 21. RICE, THOMAS GEORGE, Sketty, boot repairer. Ct. Swansea. July 20. SMITH, WILLIAM, Pyle, publican. Ct. Cardiff. July 21.