BOROUGH QUARTER SESSIONS.

C. J. Murch, Esq.
D. D. Keane, Esq., Q.C....
R.Ingham, Esq..Q.C.,M.P.
C. J. Murch, Esq.
A. R. Adams, Esq.
J. A. Russell, Esq.

U. Corbett, Es1.
E. H. Reed, Esq.

J. Locke, Esq., Q.C., M.P.
J. R. Bulwer, Esq., Q.C....
J. Johnes, Esq........
Horatio Lloyd, Esq.
J. J. Johnson, Esq., Q.C...
H. J. Bushby, Esq..

C. Saunders, Esq.

W. Blanshard, Esq.

N. Palmer, Esq.

G. Francis, Esq.

F. E. Gaise, Esq.

S. Warren, Esq., Q.C......
J. B. Maule, Esq., Q.C.
Mr. Serjeant Hayes
J. B. Aspinall, Esq., Q.C..
T. C. S. Kynnersley, Esq.
J. H. Brewer, Esq.
J. R. Kenyon, Esq.

C. Saunders, Esq. .........
J. L. Haunay, Esq.
F. Barrow. Esq.

R. H. Hurst, Esq., M.P....
J. Middleton, Esq.
W. F. F. Boughey, Esq...
A. W. Daniel, Esq..........
W. J. Neale, Esq.

Sir J. E. E. Wilmot, Bt....
U. Corbett, Esq.

J. Catterall, Esq.......
A. J. Stephens, Esq., Q.C.
F. T. Streeten, Esq.

PERJURY-MATERIALITY-ALIBI.-B. was in-against the two jockeys, Cannon and Parry, for the REAL PROPERTY LAWYER A

CURIOUS CLAIM UPON A CLERGYMAN.-A case of some importance to the clergy, owners of property, and parochial authorities in London, has just been heard before Mr. Barker, at the Clerkenwell Policecourt. The plaintiffs, the vestry of St. Pancras, summoned a clergyman for improvements made COPYHOLD-RESERVATION BY LORD OF - A private inclosure Act Improvement Acts, for a sum of nearly 7001., and about his church under the various Metropolitan the claim was resisted, although it is said that certain waste land, provided that all th which an allotment was directed to be mad several of the St. Pancras clergy who have been applied to have paid the sums at which they have

ments to be made under the Act should b estates of freehold in the allottees subject t conviction: (Reg. v. Pressy, 17 L. T. Rep. N. S. been assessed without resistance. Mr. M. Garvey lord's right to the mines, &c., royalties, liber privileges, and authorities thereby

n.

mis:

It_contained a proviso in the following Provided always, that nothing in this et, contained shall be construed to defeat, sen, or prejudice the right, title, or interest of e said lord of the said manor for the time ing, of, in, or to the seignories or royalties, inchises, and liberties incident and belonging the said manor, but the said lord of the said anor for the time being shall, at all times for er hereafter have, hold, take, and enjoy all nts, fines, suits, and services to or at the lord's urt, &c., piscaries, fishing, hunting, hawking, id fowling, and all beasts and birds considered as ime, goods and chattels of felons and fugitives, lons of themselves, and put in exigent, deodands, aifs, strays, forfeitures, escheats, and all other yalties, liberties, privileges, franchises, preninences, jurisdictions, and appurtenances whatever (except such as are expressly taken away y this Act) in as full, ample, and beneficial a anner as they are now held, taken, and enjoyed, have been anciently or heretofore used, excised, and enjoyed by the present or any ormer lord of the manor, or as he might have eld, exercised, received, taken, or enjoyed the ime in case this Act had not been passed. The ines under the allotments were reserved to the ord by another and subsequent section of the act: Held, reversing the decision of the court elow, that the exclusive right of shooting over and allotted to commoners in pursuance of the Act was reserved to the lord by the Act: (Lord econfield v. Dixon, 17 L. T. Rep. N. S. 288. x. Ch.)

the shares inserted in it may be void as a deed at law; yet if it be clear that the transferor intended to transfer, and that the transferee intended to accept, all the transferor's shares in the company of which they were shares, the transfer, from having been thus accepted by the transferee, may be properly registered by the company, and the transferee will thereby become a shareholder in the company. As no particular formalities are prescribed by the general law as to the mode in which the seal of a company is to be affixed to any document, the person who has in practice the management of the affairs of the company has, in the absence of any articles of association, power to use the seal prescription of particular formalities in the perform; and if he has used the seal for such for those acts which he is authorised to an act, the company will be bound thereby. P. held shares in Co. B. as the nominee and trustee for Co. C., from which P. held a letter of indemnity against any liability which he might incur in respect of such shares; Co. C. kept the certificates of the shares in their own possession, and paid the calls which were made. transfer of the shares to Co. C., but the disP., being called upon to do so, executed a inserted in the transfer at the time of its exetinguishing numbers of the shares were not cution. The transfer was sent to Co. C., whose officer then inserted the numbers of the shares. The corporate seal of Co. C. was then affixed to the transfer, which was delivered at the office of Co. B. for registration, and was registered accordingly. By the articles of association of Co. C. the directors were authorised to appoint one of their body managing director, and to delegate to him all their own powers. The seal was affixed to the transfer by the secretary of the company, with the authority of the person who had been appointed managing director, and of another director: Held, that the registration of the transfer was properly made by Co. B., and, both companies being in liquidation, that the C. Co. was liable as a contributory of Co. B., in respect of the whole of the shares which P. had so held and transferred. Although the transfer had not been registered by Co. B. until after the winding-up of Co. C. had commenced: Held, that the registration was not a disposition of the property of Co. C. within the meaning of' the 153rd section of the Companies Act 1862: (Re Burned's Banking Company, 17 L. T. Rep. N. S. 269. Lord Cairns, L. J).

value, in their judgment, of the property to be dealt with, except where from its nature, the worth of the property could not be known by survey or inspection. The schedule of arrears of rent (exceeding a year) due from Crown tenants includes the names some London tenants, without stating that any measures are in progress for the recovery of the rent. Thus far this statement has been confined to the Crown land revenue in England. Mr. Howard, in charge of other parts of the hereditary possessions reports among other things the sale of the interest of the Crown in some portions of waste lands in the royal forests-one of the Crown's interest in the "Forest-house allotment," comprising 85 acres at Delamere, Cheshire, sold for 59951. to the Hon. D. F. sales of the Crown's interest (reserving mines and Fortescue and the Hon. G. M. Fortescue, and 14 minerals) in several pieces of land, part of the of timber, and wholly or in part surrounded by, waste of Dean Forest, not suited for the growth intermixed with, or contiguous to other lands not belonging to the Crown. Mr. Howard has also to report on the land revenue of other parts of the kingdom than England. He gives the particulars of 55 leases of salmon fishings in Scotland, granted during the year. The annual rents reserved by these leases amount in the aggregate to 18537. In his which has been granted of the sea shore, fronting report on Ireland he states the particulars of a lease the lands of Burgatia and Cregane, in the county of Cork; and also of a lease of a piece of land, part of the foreshore of the river Boyne, and abutting upon lands in the county of Meath. He has also to report 13 conveyances of foreshore land in the counties of Cork, Down, Limerick, Meath, Water. ford, and Wexford, which have been granted during the past year. These sales have been effected by private contract, and the total purchase money reCROWN LANDS.-The annual report has been ceived amounts to 8431. In Wales 20 leases have ssued showing what has been done in the manage- been granted of property belonging to the Crown; nent of the hereditary possessions of the Crown, fifteen of these are of land and foreshore, and of he present account being for the financial year the right of sporting over lands and water. The nding with March last. Mr. Gore, the commis- rents reserved in these leases amount to 791. per sioner in charge of the land revenue of the Crown annum. The other five leases are of mines and n England, reports that he has granted 105 leasesquarries, and in one case of certain ponds and viz., 13 agricultural leases, 11 leases of houses, 67 watercourses used in working mines. The amount building leases, comprising sites at Eltham, Lee, of revenue which the Crown may derive from Victoria-park, Portland, Richmond, and other places this property depends upon the quantity and value 3 mining leases, 4 leases of foreshores, a lease of of the produce obtained from the mines and quarries. market tolls (Dunstable), and a lease to the Royal Particulars are also given of 80 sales, by private Botanic Society of the garden, museum, &c., in the contract, during the past year, of the Crown's inRegent's-park, comprising rather more than 18 interest in and over waste land and encroachments cres, forming the area of the inner circle in thereupon in Wales, and foreshore land, containing he southern part of the Regent's-park. This altogether about 614a. 3r. 394p. The purchase ast lense is for 31 years from 1870, and the moneys realised by these sales, amount altogether to rent reserved is 3601. The schedule of leases the sum of 1985. 10s. 8d. The annual revenue includes one of St. Briavel's Castle, Gloucester-derived by the Crown from the properties included shire, granted to Mr. W. H. Peel for 31 years at in these sales was very trifling. The account of the 5. a year, with power to the Crown to use the large year's income from all these hereditary possessions room for holding courts for the Gloucestershire of the Crown is as follows:-Balance from previous Crown manors; the demesne lands of St. Briavel's year, 58,738.; Crown rents, 340,2687.; profits of have been sold, but it was not considered advisable manors, &c., 69251.; profits of mines and miscelto part with the old ruined castle. Several sales laneous, 38,856/.; Windsor parks and woods, 61824. ; have been made in the course of the year of detached Royal forests and wood lands, 40,225l.; total, 491,1941. property not desirable for the Crown to retain or Expenditure: Salaries, surveys, &c., 14,0944; misrequired for local improvements, and also of fore-cellaneous charges and expenses, 65,999.; repairs, shores, the total produce (carried to capital account) 98131.; Windsor parks and woods, 22,1941: Royal being 31,7934 The most important sale was that of forests and wood lands, 25,2177.; total, 97,3477. The the Hempholine estate, Yorkshire, consisting of farms sum of 330,000l. was paid over to the Exchequer as held on leases expiring last year and comprising the surplus income of the year, leaving a balance of more than 830 acres. The estate was inconveniently 63,846. The Parliamentry vote for the Office of circumstanced in respect of its communications Woods, &c., was 28,8157. and its low situation, and a considerable outlay was required upon the buildings. After an ineffectual attempt to sell by auction, it was disposed of for JOINT-STOCK COMPANIES' LAW action lies against a telegraph company for 22,8757., which is upwards of 31 years' purchase on the estimated rental. Twelve purchases were made in the course of the year for the concentration and improvement of the Crown property. The principal purchase was that of the Swine estate, in the East Riding of Yorkshire, which immediately adjoins the Crown estate of Benningholme, and comprises more CONTRIBUTORY-TRANSFER IN BLANK-AUthan 21 98 acres. The Swine estate was purchased THORITY TO AFFIX COMMON SEAL-DISPOSITION from the Earl of Shaftesbury for 124,9007. It is now OF PROPERTY AFTER Winding-up OrdeR.-The ACTION ON AN ENGLISH BILL OF EXCHANGE divided into six farms. Agreements have been memorandum of association of a company stated-FOREIGN INDORSEMENT.-In the case of a bill entered into with responsible tenants, subject to the that one of its objects was "to purchase or accept of exchange drawn, accepted, and made payable condition that suitable buildings are to be erected at any shares in any foreign or English company;" in England, an indorsement made abroad need the cost of the Crown, and which are estimated to and by one of the clauses of the articles of assonot be executed with the formalities required by require an outlay of 11,000. The result, it is cal- ciation the directors of the company were autho- the law of the country in which it is made, in culated, will be that the estate will yield a return of rised to invest any of the moneys of the com- order to make the acceptor liable here at the suit 31.98. per cent. per annum upon the amount expended pany in such securities, other than the company's of the indorsee. It makes no difference that in the purchase and improvement of it. A great part of the land is of first-rate quality, and it is well time think desirable: Held, that the company domiciled abroad at the time of the indorsement. own shares, as the directors might from time to both indorser and indorsee are resident and farmed. There are, besides the lands let, more than nine acres of plantations retained in hand. could accept and hold shares in another com- Not the nationality of the parties, but that of As Her Majesty is already the owner of valu- pany, and be registered as shareholders therein. the contract is material. A contract made here able estates in the East Riding, the purchase cannot be varied by the law of any foreign of the Swine estate was peculiarly desirable. country through which the instrument constiThis and the adjoining Crown estates amount tuting it passes: (Lebel v. Tucker, 17 L. T. Rep. in the whole to 4064 acres. In making the N. S. 254. Q. B.)` purchase, as in the sale of the Hempholme estate, the principle kept in view was the selling outlying estates in order to concentrate, as far as can be, the Crown landed estates, and by that means to facili tate inspection and reduce the cost of management. In all cases, whether of sale, purchase, lease, or exchange of Crown lands, surveys and estimates are made by competent surveyors, who certify by a report and verify by a statutory declaration the fair

JOURNAL.

NOTES OF NEW DECISIONS.
WINDING-UP.

The Companies Act 1862 provides for the regis-
tration and winding-up under its provisions of
companies formed under the Acts 1 Vict. c. 73,
and 7 & 8 Vict. c. 110. Both these Acts permit,
under certain regulations, corporations to become
shareholders in companies formed under their
provisions. Therefore it follows that the Com-
panies Act 1862 must be construed as permitting
companies formed under its provisions to have
other companies as shareholders in them. Though
a transfer of shares executed by a transferee,
without having the distinguishing numbers of

GENERAL.

TRANSFER OF SHARES-ASSENT OF TRANSFEREE. A transferee of shares who has acted as owner of them, is a shareholder in equity, although he has neither executed nor registered the transfer: (Shepherd v. Gillespie, 17 L. T. Rep. N. S. 280. V.C. S.)

MERCANTILE LAW.

NOTES OF NEW DECISIONS. ACTION FOR ERRONEOUS TELEGRAM.-If any

inaccuracy in a telegram, it is at the suit of the sender and not the receiver. It seems that a telegraph company cannot escape liability for negligence by imposing conditions upon persons using their telegraph: (Playford v. The United Kingdom Electric Telegraph Company, 17 L. T. Rep. N. S. 243. Q. B.)

HOUSE AGENCY CHARGES.-A verdict was given before Mr. Justice Blackburn in the Court of Queen's Reginald Graham, being desirous of purchasing a Bench, which ought to be generally known. Sir house, applied to Messrs. Lockwood, the estate agents, of Grosvenor-street, who suggested to him No. 7, Stratton-street, Piccadilly. Sir Reginald requested Messrs. Lockwood to look over the

Linay appeared for the plaintiff.
Culley for the defendant.

It appeared that on the 9th Oct., the bankrupt had secuted a bill of sale of all his effects to the defendant, ran alleged debt due for money lent sometime prior. he defendant two or three days afterwards took ossession of all the effects, and removed them to a ublic-house for sale by auction. On the 17th of the ime mouth, the bankrupt filed his petition in the Torwich County Court, and on the following day Il his effects wero sold by the order of the defenCulley took objection to the case proceeding arther, as leave had not been obtained under the nrepealed sect. 153 of the 12 & 13 Vict c. 106, and herefore the action ought not to have been brought. Linay replied, and contended that such leave was nly necessary for the purpose of the assignee getting his costs out of the estate, and in support, quoted Lee v. Sangster, 27 L. J. 151, C. P.

ant.

His HONOUR held that the leave referred to was

nly necessary for the assignee to be allowed his

costs out of the estate.

Linay then put in the formal proof of the petition nd adjudication, and the appointment of assignee, nd called the bankrupt, who admitted the fact as tated, and the auctioneer deposed the sale of the ffects.

Culley submitted that the assignee ought not to recover, as although the sale of the effects took place after the adjudication, yet the same were removed rom the bankrupt's possession prior; and although che consideration was for a debt, it was given under pressure and was bona fide.

Linay replied that the case was on all fours with Graham v. Chapman, 21 L J., N. S., 173, or if any difference, this was a stronger case, as here it was not pretended that any advance was made at the time of the execution.

STAMFORD COUNTY COURT, Dec. 9.-There were 117 original cases, ten judgment summonses, and one or two adjourned cases entered for hearing at the court.

OAKHAM COUNTY COURT, Dec. 10.-There were about eighty plaints and twenty judgment summonses entered for hearing.

question was raised as to the validity of composition-
deeds in certain stages as a bar to future action.

Parry argued the case on behalf of the plaintiffs.
Rowlands on behalf of the defendants.

either altogether or by instalments, and if he shal refuse or neglect to pay the same as ordered, the Judge may commit such defendant for any period not exceeding forty days. By the 103rd section it His HONOUR delivered the following judgment:- is declared that such imprisonment is not to operate The questions argued in this case (applicable also to as a satisfaction or extinguishment of the debt or many others standing over by adjournment) relate other cause of action, nor deprive the plaintiff of his to the operation of a trust or composition-deed, right to execution against the defendant's goods or to under the 192nd section of the B. A. 1861, where a summon him anew. Here it is obvious the imprisonjudgment has been obtained in the County Court ment authorised to be inflicted on a defaulting defenprior to the completion of such a deed. I have dant partakes largely of the nature of a punishment before decided this point, but several gentlemen -that it is, in fact, quasi penal. and altogether diffepractising in this court having expressed a wish rent from the imprisonment for debt in ordinary that the questions involved should be again argued cases where such imprisonment operates as satisfacand reconsidered, with a view to obtain a review of tion of the debt. Theu, by the Act" to amend the my decision in a superior court, numerous judgment Acts relating to the County Courts," 19 & 20 Vict. summonses to which such deeds have been offered c. 108, the jurisdiction of the County Court is exas defence to commitment, have been adjourned from tended to debts, &c., of 50%.; and by the 61st section time to time, although it now appears no one is pre- of that Act it is provided that "any judgment sumpared to carry any one of these cases to a Superior mons issued out of a County Court under the 98th Court. I have heard the matter very fully and section of the 9 & 10 Vict. c. 95, or under this clearly argued, and will endeavour to make such a Act, or any warrant of commitment in respect of decision on the whole subject as will settle the prac- an unsatisfied judgment or order of a County Court, tice of this court unless and until a different course may respectively be in the form or to the effect given of proceedings may be rendered necessary by deci- in Schedule B to the Act Lumbered respectively sion of a Superior Court at variance with the conclu- 2 and 3; and all such summonses or warrants sions at which I have arrived. By the 198th section shall be deemed sufficient to justify proceedings under of the B. A. 1861, a trust-deed having been made in them without any further statement of facts to show compliance with previous sections of the Act, it is jurisdiction." On referring to these forms we find declared that no execution, sequestration, or other that, by a note appended to the warrant of commitprocess against the debtor's property in respect of meat, this form is applicable to judgments by default any debt, and no process against his person in or consent, "and to all orders within the jurisdicrespect of any debt, shall be available to any creditor tion of the court." It is plain, therefore, that the or claimant without leave of the court; and a cer- same rule as to commitments applies to the defentificate of the filing and registration of such deed dants whose larger debts are recoverable under the shall be available to the debtor for all purposes, as a second Act (19 & 20 Viet. c. 108), as to the defenprotection in bankruptcy." Now the question turns dants for whose small debts judgments have been upon this: is or is not a commitment of a defendant recovered under the earlier Act (9 & 10 Vict. c. 95). under the County Court Acts for non-payment of a It is reasonably clear that from the first Act for His HONOUR said his judgment would be for the sum of money, a process against his person in enforcing small debts by means of limited, and, if plaintiff for the amount realised under the bill of respect of any debt," within the 198th section? I needful, successive periods of imprisonment, the sale (less the expenses), as the bill of sale was clearly before held that such a commitment did not fall principle upon which such imprisonment was inflicted a conveyance of all the bankrupt's effects to secure within the meaning of that section, and that a was essentially a punishment for that which has a bygone debt, and therefore was an act of bank-registered deed does not operate as a protection been deemed a fraud, either in the inception of the ruptcy. against commitment for nonpayment of a prior debt, &c., or in a persistent refusal to pay when the Judgment accordingly. judgment of the County Court. I am not aware that defendant had the means of payment. It is to be there has been any direct decision by any of the Superior noticed that no such commitment can be made until Courts on the subject, but in Ex parte Lay, re the judge has been satisfied by the defendant's Wollams, 5 County Court Chronicle, N.S., 63, Bank., examination, or by other evidence, that such comMr. Commissioner Goulburn held that such a com- mitment is a proper one to be made according to the mitment was not a process within the 198th sect. of terms of the statute. But a subsequent Act (22 & 23 the B. A. 1861, but a punishment for the defendant's Vict. c. 37), "limiting the power of imprisonment contempt of the order of the court. And in Lyons for small debts exercised by the County Court v. Pullinger, Bramwell, B. on the 10th Aug. 1866, Judges," renders it, as it appears to me, quite certain made a similar decision in chambers, when he re that the commitment authorised is strictly a fused to discharge the defendant, observing, that punishment, and in no reasonable sense a process within the meaning of the 198th section of the order was not a process but a punishment." Pro- B. A. 1861. By this Act (22 & 23 Vict. bably those decisions are suficient to justify me in c. 37), the defendant summoned is not to be comfollowing them, but it will perhaps be satisfactory mitted for non-attendance, nor shall the judge also to examine the principle to be educed from have power to commit unless it shall appear that the the several Acts of Parliament under which com- defendant has obtained the credit under false premitment for non-payment of a County Court order tences, or by means of fraud, &c., very much in the is made. When imprisonment for debts not ex- same language as is used in the 99th section of 9 & 10 ceeding 201. was abolished, it was found that debtors Vict. c. 95. Here we see that the power of committo that amount who had no tangible property were ment is expressly confined to what the Legislature enabled to escape altogether from payment of their has evidently treated as a fraudulent incurring of debts, notwithstanding they were in receipt of earn- liability or a fraudulent refusal to pay. am of ings amply sufficient for payment of such debts had opinion, therefore, that a registered deed under the they been willing to pay them. This led to the pass-192nd section of the B. A. completed after a County Court judgment or order, forms no bar to the comdebtors under 20%. were liable to be summoned to of small debts (8 & 9 Vict. c. 127), under which mitment of the debtor-defendant for nonpayment the Bankruptcy Court, the Insolvent Debtors' Court, of the amount directed to be paid under such judgment or order. And this applies equally whether &c., to be examined as to their means, to be ordered the debt or instalment has become actually payable to pay their debts by instalments, and to be com- under the judgment or order or not at the time mitted for disobedience of such orders. The fol- the deed is completed. It is the judgment or order lowing year, by 9th and 10th Vict. c. 95, the County which renders à defendant liable to commitment; Courts were established, and powers of making but, of course, no judgment summons can be issued orders for payment of debts by instalments, and of against him until some default in payment has commitment for nonpayment, with which we are been made. As to a judgment by default under judges. Under this Act the jurisdiction was con- by Order in Council of Feb. 1856 (made under the all familiar, were given to the County Court the Bills of Exchange Act in the County Court, fined to small debts, ie., not exceeding 201. By the provisions of the Bills of Exchange Act, 1855), it 98th section, a plaintiff who has obtained an un- is directed that such Act shall apply to the County satisfied judgment, or order for payment of debt or Courts established under the 9 & 10 Vict. c. 95, in damages, may obtain a summons to the defendant to respect of actions upon bills and notes where the appear and be examined on oath "touching his estate plaintiff claims a sum not exceeding 50%. By the and effects, and the manner and circumstances under 45th sect. of the 19 & 20 Vict. c. 108, where a which he contracted the debt, or incurred the damages judgment has been obtained in a County Court for or liability, and as to the means and expectation he then less than 20%, the judge may order such sum and had, and still hath, of discharging the same, and as to costs to be paid by instalments, and in cases where by the 99th section, if the defendant so summoned for payment within fourteen days, unless the the disposal he may have made of any property." Then more than 20l. are recovered, the order must be shall not attend, nor allege a sufficient excuse for plaintiff and defendant, or their attorneys, shall not attending, or shall refuse to be sworn, or dis- consent that the same shall be paid by instalments. close any of the things mentioned in the preceding Now, a judgment by default, under the Bills of section, or if he shall not make answer touching the Exchange Act, is a judgment by the County Court same to the satisfaction of the judge, or if it shall to which this section is applicable. The course of appear by the examination or by any other evidence proceeding under this Act is this: On judgment by that the defendant has obtained the credit under default the plaintiff immediately sues out execution, false pretences, or by means of fraud or breach of and in case there be no goods to levy upon, and a trust, or without having had a reasonable expecta- return to that effect made, the plaintiff can obtain a tion of being able to pay, or shall have caused to be judgment summons, which is issued in the form No. made any gift, delivery, or transfer of any property, 2 in schedule B, to the 19 & 20 Vict. c. 108. In this or concealed or removed the same, with intent to summons it is recited that the plaintiff has obtained defraud his creditors; or if it shall appear that the a judgment against the defendant for such a claim, defendant has, or since the judgment has had, suf- and costs, upon which and subsequent process the ficient means to pay the debt or damages and costs, sum of £ is now due, and the defendant is then

THE NEW BANKRUPTCY LAW. commitment for nonpayment of a County Court

NOTES OF NEW DECISIONS.

TIME FOR DISPUTING ADJUDICATION. The 104th section of the B. L. C. A. 1849 gives to bankrupts a time not exceeding fourteen days from the service of notice of adjudication, for showing cause against that adjudication. The 70th section of the B. A. 1861 provides only that, in the case of a non-trader, notice of the petition of adjudication shall be served, which shall specify a time, to be not less than thirty days, for his appearance; and that at the expiration of that time, the court may adjudge him a bank-ing of the Act for the better securing the payment rupt. Held, that there is nothing so repugnant in the two sections as to deprive the non-trader of the cumulative protection, and that he is entitled to the same time for showing cause against an adjudication as the earlier Act gives to a debtor who is a trader: (Ex parte Hepburn, 17 L. T. Rep. N. S. 275. Ch.)

CREDITORS ENTITLED TO VOTE.-The 230th section of the B. A. 1861 provides, that the Acts and parts of Acts mentioned in the schedule thereto, and all other Acts or parts of Acts which are inconsistent with that Act, are repealed. The 139th section of the B. L. C. A. 1849, limits the right of voting for assignees to creditors whose debts amount to 10.; but the 116th section of the B. A. 1861 confers the right in the creditors who have proved debts: Held, that the section of the older Act was quite inconsistent with that of the later Act, and con

sequently that, in the choice of assignees, every creditor who had proved was entitled to vote: (Er parte Moss, 17 L. T. Rep. N. S. 279. Ch.)

BIRMINGHAM COUNTY COURT.
Monday, Dec. 2.

(Before R. WELFORD, Esq., Judge.)
MASON. BARNEY, FAWDRY . ORGAN, AND OTHER

CASES.

B. A. 1861, s. 192-Composition-derd-Order for payment. A composition-deed, completely executed after a County Court order for the payment of money, is no protection against such order.

This and other cases were all cases in which the

required to appear and be examined as to his estate, and the circumstances under which the debt was contracted in the usual manner. Then No. 3 in the same schedule is the form of commitment, founded on the previous summons, to which is appended the following:-N.B." This form is to be applicable to all judgments recovered at the hearing, or by default or by consent, and to all orders within the jurisdiction of the court." I am of opinion, therefore, that after a judgment has been obtained in the County Court, under the Bills of Exchange Act, the defendant is liable to be committed upon a judgment summons for nonpayment of the amount of the judgment and costs, notwithstanding this subsequent execution by the defendant of a registered deed, under the 192nd section of the B. A. 1861. In fact, such a deed affords no more protection to the defendant against the judgment by default in the County Court, under the Bills of Exchange Act, than against an ordinary judgment of the County Court on a hearing. Another of the cases referred to in the argument was that of a judgment-debtor's summons; that is, where a plaintiff, having obtained judgment in any competent court against a defendant for a sum not exceeding 207, is authorised by 8 & 9 Vict. c. 127. and 10 & 11 Vict. c. 102, to apply to the Registrar of the County Court of the district in which the defendant resides for a summons to appear and answer the usual questions as to his means of payment and the like. On such examination the judge may (according to circumstances) make an order for payment of the debt, by instalments or otherwise." If that order is not obeyed the defendant may be summoned and committed, and the summons and commitment will be in the respective forms 2 and 3 in schedule B to the Act of 19 & 20 Vict. c. 108. And it is to he noticed that in each of those forms the word "order" will be used instead of "judgment." Now I think that, until an order has been made by the judge of the County Court under the judgment-debtor summons, the defeudant has not come under the jurisdiction of the court, and consequently, the operation of the several Acts of Parliament I have referred to, have given to the "judgment or order" of the County Court, will not arise. Thus a trust-dead, under the 192nd section of the B. A. 1861, executed and registered after the order made by the County Court, will form no protection against commitment for nonpayment of the amount ordered to be paid; but that such a deed, executed and registered before any order has been made by the County Court on the judgment-debtor summons, may properly be held to operate as a protection against any commitment on such summons as being a process against the defendant's person, in respect of the judgment debt, within the 198th section of the B. A. 1861. These cases comprise all summonses for commitments which commonly occur in this court, and I think there will be no difficulty in applying my decision to each case as it occurs. The last case to be mentioned is that in which a defendant has become bankrupt since the date of a judgment or order in the County Court, and has obtained his protection. I

think the result of the decisions as to the effect of

registered composition-deed, must very often com-
mend itself to the mind of the judge. It is true (at
all events of the small bankruptcies which come
before me) that the elements of fraud, and great
suspicions of fraud, are often very apparent; but, in
the absence of opposition by creditors, the statute
law has given an immunity to bankrupts; and when
hearing judgment-summonses as a County Court
judge, I shall necessarily apply a different test, and
have regard to different considerations, in the case
of a protected bankrupt, to that of a debtor protected
by a registered deed.

CORRESPONDENCE OF THE

PROFESSION.

WORKING OF THE COUNTY COURTS AMENDMENT
ACT.-There can be no doubt but that, when this
Act comes into operation, the business of the County
Courts will be considerably increased throughout
the kingdom. I would therefore suggest (more
especially as to the metropolitan courts) that there
be such a division of duties between the judges
and the registrars, that economy of time and
a fair division of labour be the leading objects.
There are scarcely two County Courts in the metro-
polis where the business on a court day is conducted
in the same manner, and all are wedded to their own
routine. The practice somewhat after that adopted
at the Westminster Court appears to me to be about
the best for general adoption. In the entrance-room,
or any room (sufficiently large), let one of the ushers
(before the court sits) mount a rostrum and call over
the list, thus:- Usher.-Now, plaintiffs and defen-
dants answer to your names. Jackson against
Thomson. Both answer. Usher.-Disputed? Le-
fendant.-No. Usher.-Plaintiff, pay your consent fee
and both go into the registrar's room. Usher.-Jones
against Smith. Both answer. Usher.-Disputed ?
Both.-Yes. Usher-Pay the hearing fee and go
into the court. Where the plaintiff appears and no
defendant answers, the plaintiff pays the hearing fee
Where
and the registrar takes it as a default case.
the defendant appears and no plaintiff answers, the
defendant must apply to the registrar for his costs.
There must be a prominently printed notice both on
plaint notes and summonses that the cause-list will
be called over at ten o'clock precisely. As to the
hearing of adjourned cases, they should commence
at the sitting of the court at ten o'clock precisely, and
then let the judgment summonses be heard (which
must be called over in court by the bailiff or deputy
registrar) and by the time they are over the judge
will have plenty of disputed cases ready to go on
with, and the registrar will have commenced his
undisputed orders at ten o'clock. As to jury cases.
interpleaders, equity cases, and counsel days, let
there be separate days appointed for all of them. It
is quite evident the judges and registrars (of the
London courts especially) will have all their time
occupied; but, above all, it is to be hoped they will
adopt uniformity of practice. It is quite clear that in
a few years the County Courts will be the Nisi
Prius Courts of the kingdom, and it is therefore all
the more desirable to start with the new year upon
a "definite and distinct course of practice." No per-
son but a barrister or a certificated attorney ought
to be allowed to conduct a case or interfere, except
as a witness. A cause-list on the advocates' table
(as at Marylebone Court) is also a great boon, not
only to the Bar but to suitors, who can thereby see
whether they stand late or early; and in a list of
120 to 150 causes this is at times a great conve-
nience. There are many defects which must be
remedied in the bailiff's office to render the courts
efficient to suitors, but upon which I may take the
liberty of addressing you at some future opportunity.
EDWARD CLARKE

St. Mary's-square, Paddington.
P.S.-I omitted to state in my letter of last week
that plaintiff and defendant should also give a five
days' notice to the registrar (as well as to each
other) of their intention to appear by counsel.

protection in bankruptcy, that it affords no pro-
tection against commitment for default in payment
of a County Court judgment or order. All the
reasoning and authority I have used and referred to
apply equally to a protection in bankruptcy as to the
protection afforded by a registered deed. In fact,
the 198th section of the B. A. 1861, expressly says
that such a deed "shall be available to the debtor
for all purposes as a protection in bankruptcy." A
decision, therefore, that a valid deed under this
192nd section is no protection against a County Court
judgment, involves the like decision as to a protection
in bankruptcy. But in practice, somewhat different
considerations apply to a County Court judgment
summons against a protected bankrupt to those
which apply to a debtor who has succeeded in
obtaining a valid protecting deed. The protected
bankrupt is under a pending process, which will
probably result in an order of discharge, which
is clearly an answer to a County Court judgment
summons. His actual condition is a temporary
one-it is transitional. He can have no property ARTICLED CLERKS' SOCIETY.-Though only an
of his own, for by the bankruptcy, everything he ordinary member of the legal correspondence depart-
had, or which comes to him before he has obtained ment of the Articled Clerks' Society, yet having
an order of discharge, vests in his assignees. An been requested by the correspondent in your last
inquiry, therefore, as to his present means of pay-publication who signs himself "A Member"
ment will usually show but slender ability to pay. inform him when the next paper will be issued, I
Then the acts of fraud, &c., in contracting his debt, may state for his information that I have received
for which he may be punished under the County a paper regularly every month from Mr. Colyar, the
Court judgment-summons, may be punished at least honorary secretary of the department, the last
as severely under the bankruptcy. On the other having been received by me last Monday, and that I
hand, a debtor protected by a valid deed under the have made inquiries and have found that those of
192nd section, is not only entitled to retain all pro- the members who are known to me have been
perty acquired or succeeded to after the date of the equally fortunate. Under such circumstances I
deed, but he may, and often does, retain the whole think it is a matter for regret that "A Member"
of his then property, having made by the deed some had not thought himself justified in either writing
trifling composition on his debts as the consideration. to me privately, or affording the officers of the
Such a deed is not unfrequently used to defeat the society an opportunity of ascertaining the cause of
claim of a particular creditor, or to evade the pres- the error, or at least disclosing his name. I hope
sure of some urgent demand; the debtor is usually "A Member's" troubles may vanish as quickly as
better able to pay after such a deed than he was those of a gentleman (can it be your correspondent
previously, and, as a matter of strict justice and
"Lex ?") who wrote to me one day from Huntingdon,
equity, the power of enforcing a judgment obtained complaining that he had not received a paper, and
in the County Court, notwithstanding a subsequent the next day that he had received a paper. If A

to

Member" will write me on the subject I will try to find out the cause of the delay. Mr. Colyar is at present at St. Petersburg. I received a letter from him the other day, in which he informs me that he has issued the papers to all sections of the department at the regular intervals, and that he expects to be home in a few days, when he will, I feel convinced, be able to prove to the entire satisfaction of all the members that he has during his absence in no way neglected his duty to the department. WYNNE E. BAXTER,

Hon. Sec. of the Articled Clerks' Society. 1, Dorset-street, Temple, E.C.

REGISTRY OF DEEDS.-My attention has been directed to a paragraph in your correspondence columns of the 14th inst., in which the writer ("H. O.") assumes that there is a conflict of opinion between Lord Downes and myself, as to what constitutes the proper execution of a deed for the pur. pose of registry. He speaks of the "corresponding Deeds Registration Act, Ireland." But this is an error. They do not correspond. Indeed, it is an unfortunate circumstance that in those for the three Ridings, as well as in the one for Middlesex, differences more or less important occur. The requirements, for instance, on this very point of the execution of deeds vary materially in the North Riding from those of the West and East. But as to the Irish Act, I believe I have never once, verbally, in writing, or in any one of my publications, given any opinion on the point in question; and therefore the supposed conflict to which "H. O." refers cannot have arisen. Permit me to add, that I am always willing cheerfully to furnish the best information in my power to any gentleman who may do me the honour of inquiring as to any point of practice. JOHN EDWARD DIBE.

Wakefield, Dec. 17.

SCALE OF COSTS IN THE COUNTY COURTS.-I have read your remarks upou the scale of costs to be allowed under the new rules in County Courts, and I have also had the opportunity of reading (but very hastily) the draft of the new rules and the scale of costs. I am under the impression (but I am not quite clear whether I am right) that the new scale of costs only applies to the new and extended jurisdiction given to the courts, and that under 20, the scale will remain as before, and consequently no costs will be allowed to attorneys (as between party and party) when less than 57. is claimed or recovered, &c. Will you be good enough to direct your attention to this? The scale suggested by the Sunderland Law Society is fair and reasonable. I think there was a scale some few years ago allowed for the London Small Debts' Court, why should not that apply? R. W. LITCHFIELD,

Newcastle, Staffs, 8th Dec. 1867.

399. EQUITY IN THE COUNTY COURT-SIGNATURE BY COUNSEL-Cau you or any of your readers enlighten me on a point of practice which seems of some importance? A trustee applies by petition under sect. 30 of 22 & 23 Vict. c. 35 for the direction of the judge of a County Court in paying over a small sum of money Must the petition be signed by counsel ? Vide 23 & 24 Vict. c. 38 s. 9. If it mus', then one great object of the transfer of these cases to the County Court-viz. economy-is frustrated; for the signing by counsel would seem necessarily to involve the "drawing" by counsel with all its attendant expenses. The signature of counsel in the Superior Court was doubtless made necessary as some guarantee for the petition being a proper matter for the consideration of the court. Do not attorneys in the County Court stand in the relative position, and are not they there counsel" within the spirit of 23 & 24 Viet c. 38? If not the sooner the anomaly

is rectified the better.

A COUNTRY SOLICITOR

402. CONVEYANCING.-A.B., in the year 1859, conveyed real property in fee to C.D. by deed, expressed to be made between A B. of the one part, and C.D. of the other part. The purchaser had been married before the year 1884, and the ordinary uses to bar dower are inserted in the deed, but, by a clerical error, the dower trustee was not made a Party to the deed, although referred to by name in the limitation of uses. Will any of your readers tell me what is the effect of this omission, and whether, seeing that it arose through an entire mistake, the solicitor would be