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No. 38, NEW SERIES.-Vol. I.
SEPTEMBER 29, 1855. No. 977, OLD SERIES.-Vol. XIX.
PRICE 1s. SOLICITORS' & GENERAL LIFE ASSURANCE SOCIETY,
52, CHANCERY LANE, LONDON. SUBSCRIBED CAPITAL, ONE MILLION.
DIRECTORS. CHURCH, JOHN THOMAS, Esq., Bedford-row.
MORRIS, JOHN M., Esq., Moorgate-street-chambers, DONNE, S. EDWARD, Esq., Streatham-hill.
Moorgate-street. PONBLANQUE, J. S. M., Esq., St. John's-wood.
MURRAY, WILLIAM, Esq., London-street. JONES, WILLIAM, Esq., Crosby-square,
TORR, JOHN SMALE, Esq., Bedford-row. LOUGHBOROUGH, THOMAS, Esq., Austin-friars.
WILLAUME, T. B. T., Esq., New Broad-street. MAYNARD, JONAS ALLEYNE, Esq., Temple.
WITHALL, W., Esq., Parliament-street. MOURILYAN, J. N., Esq., Gray's-inn.
WOOLRYCH, EDMUND H., Esq., Temple. The attention of the Profession is invited to the advantages offered by this Office to Solicitors and their Clients, which will be found to be greater than in most other Life Offices. ADVANTAGES TO THE ASSURED.
ADVANTAGES TO THE PROFESSION. 1. Four-fifths of the Profits are divided triennially amongst the A Commission of 101. per cent. is allowed on the first year's premium Assured.
and 51. per cent. annually afterwards; and, as an additional advantage In some Offices the Assured may not be entitled to a Bonus until to persons introducing husiness, the Shareholders have by the Deed of the expiration of ten years from the time of effecting the Policy, whilst Settlement given up half of their Profits for the benefit of such persons in this Office three years is the utmost limit.
as extra Commission. 2. At the first division of Profits in May, 1853, a Reversionary Bonus, The extra Commission paid in 1853 to persons introducing business averaging 451. per cent., was declared on all Participating Policies. In was as follows:-some cases the Bonus exceeded 611. per cent. on the premiums paid.
Ordinary Commission paid.
Ectra Commission paid. On reference to the Prospectuses of some of the principal Offices,
£75 16 0
£54 12 11 it will be found that the Bonus on their first division was much less,
135 7 3 viz. 291. per cent,
63 6 6
45 13 0 3. The next division of Profits will be declared in May, 1856, when all
41 12 2
29 19 0 Policies effected in 1855 will participate.
139 8 1
100 10 0 In most Offices Assurers do not participate in the Profits until after
69 14 0
50 50 payment of from three to five annual premiums, but in this Office
Board days, Thursdays, at half-past Two o'clock. they may participate on payment of a single premium.
C. J. GILL, Secretary. LAW.-WANTED, in a Solicitor's Office of extensive
Just published, in 1 vol. 12mo., price 9s. cloth boards, practice, a first-rate CLERK, who is thoroughly acquainted with THE LIMITED LIABILITY ACT, 1855, and the Act heavy conveyancing and general business. A Clerk who has not been 1. for the Registration, Incorporation, and Regulation of Jointarticled would be preferred, Address, stating name, age, salary re- stock Companies, (7 & 8 Vict. c. 110), under which Companies with quired, and previous services, X. Y. Z., Mr. J. S. Phillips, 5, Bishop's- Limited Liability are to be formed. With an Introduction, Notes, and · court, Lincoln's-inn,
Forms, and Index. By GEORGE SWEET, Esq., of the Inner
Temple, Barrister at Law. I IMITED LIABILITY ACT, 1855.-INFORMATION London: Henry Sweet, 3, Chancery-lane; V. & R. Stevens & G. S. u as to the operation and mode of procedure to incorporate new or Norton, and W. Maxwell, Bell.yard, Lincoln 8-inn. to bring existing Companies under this Act may be obtained, WITHOUT
BAKER'S LAWS RELATING TO BURIALS.
Just published, in 1 vol. 12mo., price 58. cloth,
THE LAWS relating to BURIALS in ENGLAND and Fleet-street, London, (next door to the Office for the Registration of
WALES. With Forms and Practical Instructions. By T. BAKER, Joint-stock Companies).
Esq., of the Inner Temple, Barrister at Law, of the Burial Acts Office. N. B.--The above Act, (Q. P. copy), with Index, post-free, 13 stamps;
William Maxwell, 32, Bell-yard, Lincoln's-inn. or bound with the 7 & 8 Vict, c. 110, and 10 & 11 Vict. c. 78, and In
Now ready, price 1s. 6d., inscribed to the Right Hon. Robert Lowe, M.P., dices, post-free, 78. 6d.
Vice-President of the Board of Trade,
T IMITED LIABILITY ACT, with Observations and THE ROYAL BRITISH BANK, (incorporated, by Char.
U Notes, by CHARLES WORDSWORTH, Esq., Barrister at Law; ter), for transacting every description of banking business on the being a Supplement to the Sixth Edition, price 158., of The Law of Scottish system.
Mining, Cost-book Mining, Banking, Insurance, and General JointDrawing accounts are opened for any parties properly introduced, stock Companies; with all the Forms and Statutes. and interest allowed on the daily balances, if these do not fall under
London: W. G. Benning & Co., 43, Fleet-street. 1001. Deposits of any amount are receivable, at rates of interest varying from 2 to 4 per cent. per annum, according to the time for which
NEW STAMP DUTIES. deposits are made. Promissory notes or bills, at any date, and with or
Recently published, in 8vo., price 8s. 6d. boards, without interest, as may be agreed on, and circular bills or letters of | TILSLEY'S NEW STAMP ACTS eredit, and drafts or orders, are granted, payable to bearer by the cor- 1 1854; with Notes and Explanatory Observations, and Tables of respondents of the Bank in every town of any note at home or abroad; all the Stamp Duties payable after the 10th October, 1854; together with and bills of exchange or drafts on the Bank in sets, for use in the Co a Digest of Cases. By HUGH TILSLEY, Assistant Solicitor of Inland lonies, in India, China, and America, may be obtained by customers Revenue. Sixth Edition. and others on application at the chief office. Advances for fixed periods on securities readily convertible, and cash credits, on the Scottish
Also, by the same Author, in 8vo., price 11. 118. 6d., system, are granted to respectable parties, if customers of the Bank,
A TREATISE on the STAMP LAWS; with Tables of Discounts of approved bills of exchange are made for any parties having all the Stamp Duties payable in the United Kingdom after the 10th accounts with the Bank; for whom also remittances are made and bills
October, 1854. Second Edition. With a Supplement. collected in any place where there is a banker, and dividends, &c. re
Stevens & Norton, 26, Bell-yard, Lincoln's-inn. ceived without charge.
Form of application for opening accounts, &c. will be supplied, and INDISPUTABLE LIFE POLICY COMPANY, any further information may be obtained at the Bank or at any of the
72, Lombard-street, London. Branches, viz -Strand Branch, 429, Strand; Lambeth Branch, 77,
Lord Viscount TORRINGTON, Chairman. Bridge-road; Islington Branch, 97, Goswell-road; Pimlico Branch, The Policies of this Company, being indisputable in terms of the 1, Shaftesbury-terrace, Victoria-street; Borongh Branch, 60, Stones' | Deed of Constitution, registered in conformity with the Act 7 & 8 Vict. end, Southwark : Piccadilly Branch, 32, Regent-circus.
c. 110, by which this Company is incorporated, form FAMILY PROBy order of the Court of Directors,
VISIONS and NEGOTIABLE SECURITIES, their validity not being HUGH INNES CAMERON, General Manager. dependent (as in the case of ordinary policies) on the import of preChief Office, 16, Tokenhouse-yard, Lothbury,
| vious, and perhaps forgotten, statements, reports, and other documents. London, Aug. 4, 1855,
ALEX. ROBERTSON, Manager. No. 38, VOL. I., New Series.
GAZETTES.--Friday, Sept. 21.'
To be granted, unless an Appeal be duly entered.
Elizabeth Whitaker, Romford, Essex, plumber.- Samuel BANKRUPTS.
| Hodgson, Great Marylebone-street, stationer.-James Smith, WILLIAM JESSE WALLER, Herbert-street, New North- Philpot-lane, tea dealer.-Joseph Harrop and James Harrop,
road, dealer and chapman, Oct. 2 at 12, and Nov. 8 at 1, Westbury, Wiltshire, woollen manufacturers.-Edwin AdolLondon: Off. Ass. Edwards; Sols. Lawrance & Co., 14, phus Lock, Curry Rivell, Somersetshire, linendraper.-Jose Old Jewry-chambers.-- Pet. f. Sept, 20.
Rickard, Boscastle, Cornwall, draper.-James Tapper Every, EDWARD GIBBS, Keppel-mews North, Russell-square, Devonport, cabinet maker.-Hugh Talbot and Hugh Popham
dealer and chapman, Oct. 2 at half-past 12, and Nov. 8 at Talbot, Sidmouth, Devonshire, druggists.—Thomas Bostock, 12, London: Off. Ass. Edwards; Sol. Gresham, Castle- | Manchester, maker-up. street, Holborn.--Pet. f. Sept. 11. JOHN WILLIAM BELL, Crowland, Lincolnshire, dealer
TUESDAY, Sept. 25. and chapman, Oct. 2 and 30 at 10, Nottingham: Off, Ass. Harris ; Sols. Hodgson, Birmingham; Mason & Sturt, 7,
BANKRUPTS. Gresham-street.-Pet. d. Sept. 12.
GEORGE PARKER, Southampton, dealer and chapman, WILLIAM JOHNSON, Mountsorrel, Leicestershire, inn.
Oct. 5 at 2, and Nov. 6 at 1, London: Off. Ass. Johnson ; keeper, Oct. 2 and 30 at 10, Nottingham : Off. Ass. Harris; I Sol. Paterson, 7, Bouverie-street.-Pet. f. Sept. 22. Sol. Inglesunt, Loughborough.-Pet. d. Sept. 14.
| WILLIAM ASHTON, Loughborough-road, Brixton, dealer JOHN BURTON RHODES, Wakefield, Yorkshire, dealer
and chapman, Oct. 4 at 1, and Nov. 1 at 12, London: and chapman, Oct. 5 and 26 at 11, Leeds: Off. Ass. Young;
Off. Ass. Johnson; Sol. Hooker, 8, Bartlett's-buildings, Sols. Scholey & Co., Wakefield; Bond & Barwick, Leeds.
Holborn.-Pet. f. Sept. 18. - Pet. d. Sept. 18.
| GEORGE SPEIGHT, Goswell-street, dealer and chapman, SAMUEL WILKINSON, Bradford, Yorkshire, dealer and
Oct. 6 at 2, and Nov. 6 at 11, London: Off. Ass. Bell; chapman, Oct. 5 and 26 at 11, Leeds : Off, Ass. Young;
Sols. Smith & Son, Barnard's-inn, Holborn. - Pet. f. Sols. Lees, Bradford; Bond & Barwick, Leeds.--Pet, d.
Sept. 19. Sept. 18.
JOHN PATTJSON, Alpha-road, St. John's Wood, and THOMAS POTTER, Sheffield, Yorkshire, hosier, Oct. 6
Park-street, Grosvenor-square, surgeon, Oct. 5 at 11, and and 27 at 12, Sheffield : Off. Ass. Brewin ; Sol. Unwin, Noy. 6 at 12, London : off. Ass, Bell; Sol. Wheeler, 7, Sheffield.-Pet. d. Sept. 17.
Furnival's-inn.-Pet. f. Sept. 24. THOMAS MACBETH, Preston, Lancashire, tailor, Oct. 2 | MOSES YEARSLEY, South Bank, St. John's Wood, wine and Nov. 6 at 12, Manchester : Off. Ass. Pott; Sol. Rogle,
merchant, Oct. 2 at half-past 2, and Nov. 6 at 1, London: Manchester.-Pet. f. Sept. 18.
Off. Ass. Edwards; Sol. Roberts, Waltham Cross, HertMEETINGS.
fordshire, and 10, Clement's-lane, Lombard-street.-Pet. f.
Sept. 19. David Leopold Lewis, Salters'-hall-court, Cannon-street,
RICHARD THOMAS FITCHETT, Hanover-street, Hamerchant, Oct. 5 at 1, London, last ex.-Wm. Tyree, Black friars-road, shoe manufacturer, Oct. 3 at 2, London, avd. ac.
nover-square, dealer and chapman, Oct. 8 at 11, and Nor. 8
at 2, London: Off. Ass. Lee; Sols. Ford & Lloyd, 5, -- James Burford the elder and James Burford the younger, St. Neot's, Huntingdonshire, builders, Oct. 5 at half-past 1,
Bloomsbury-square. -Pet, f. Sept. 12. London, aud. ac.-- Thomas Loaring Coombe, Lambeth-walk,
THOMAS KINGDON, Netherexe, Devonshire, dealer and baker, Oct. 5 at 11, London, aud. ac. ; Oct. 13 at half-past 11,1
chapman, Oct. 4 at 1, and Nov. 21 at 11, Exeter: Off. div.-J. Hawker, Weston-super-Mare, Somersetshire, builder,
Ass. Hirtzel ; Sols. Turner, and - Stogdon, Exeter.-Pet. f.
Sept. 15. Oct. 4 at 11, Bristol, aud. ac. ; Oct. 18 at 11, div.-Joseph WILLIAM OULTON. Liverpool, chemist, Oct. 5 and Harrop and James Harrop, Westbury, Wiltshire, woollen
Nov. 8 at 11, Liverpool: Off. Ass. Bird; Sols. Evans & manufacturers, Oct. 18 at 11, Bristol, aud. ac.; Oct. 22 at 11, div.--John Dixon Parry, Sutton, near St. Helen's, Lanca- I THOMAS ALLEN and THOMAS CUTHBERT COOK.
Son, Liverpool.-Pet. f. Sept. 11. shire, brewer, Oct. 4 at 11, Liverpool, aud. ac.- Frederick
SON, Manchester, dealers and chapmen, (carrying on busi. Dawson Hiorns, Coventry, ironmonger, Oct. 5 at ll, Bir
ness under the firm of Thomas Allen & Co.), Oct. 12 and mingham, aud. ac.-James Swann, Coventry, general dealer,
Nov. 2 at 12, Manchester : Off. Ass. Hernaman ; Sols. Oct. 5 at ll, Birmingham, aud, ac.- Thomas Price Smith,
Withington & Petty, Manchester.- Pet. f. Sept. 21.
Helen's, ship broker, Oct. 10 at 12, London, aud. ac.-H.J. div.-A. Gibson, Great St. Helen's, shipbroker, Oct. 15 at 1, Pratt. New Bond-street, trunk maker, Oct. 10 at 2, London, London, div.-J. Martyr, Union-st., Southwark, ironmonger, aud. ac.-Thomas Shepherd, King's Lynn, Norfolk, hop Oct. 15 at 12, London, div.-Wm. Walters, Chester, com
merchant, Oct. 10 at 12, London, aud. ac.-T. J. Latimer, mission agent, Oct. 15 at 11, Liverpool, div.-John Fenton, Brighton, clothier, Oct. 10 at 1, London, and. ac.- LletrelLiverpool, apothecary, Oct. 15 at 11, Liverpool, div.-- John lyn Wallington, Bridgend, Glamorganshire, grocer, Oct, 18 Denbigh, Bradford, woolstapler, Oct. 12 at 11, Leeds, div.- at 11, Bristol, aud. ac.-William Walters, Chester, commis. John Wells, Sheffield, licensed victualler, Oct. 13 at 12,
sion agent, Oct. 8 at 11, Liverpool, aud. ac.-John Pentor, Sheffield, div.-Joseph Bunnell Thompson, Rotherham, York
Liverpool, apothecary, Oct. 8 at 11, Liverpool, and, ac.shire, linendraper, Oct. 13 at 12, Sheffield, div.-George George Turnbull, Coxhoe, Durham, draper, Oct. 19 at 1, Haslam, Higham, near Alfreton, Derbyshire, currier, Oct. 13 Newcastle-upon-Tyne, aud. ac.-David Mackechnie, West at 12, Sheffield, div.-John Bradbury, Sheffield, joiner, Oct. Hartlepool, Durham, chemist, Oct. 19 at 11, Newcastle-upon13 at 12, Sheffield, div.
Tyne, aud. ac.-Thomas Punshon, Durham, builder, Oct. 23 CERTIFICATES.
at half-past 11, Newcastle-upon-Tyne, and, ac.-R, Hart, To be allowed, unless Cause be shewn to the contrary on or
West Hartlepool, Durham, wine merchant, Oct. 23 at ll, before the Day of Meeting.
Newcastle-upon-Tyne, aud. ac.- Thomas Bell, Jarrow, Dur. Edward B. Clarkson, Bread-street, manufacturer's agent,
ham, alkali manufacturer, Oct. 19 at half-past 12, Newcastle
upon-Tyne, aud. ac. ; Oct. 23 at half-past 12, div.-Prancis Oct. 13 at ll, London.- George C. Postans, Newmarket,
Augustus Hatton, Chesterfield, Derbyshire, auctioneer, Oct. 6 grocer, Oct. 15 at 1, London.- Joseph Hayward, Church.
at 12, Sheffield, aud. ac.-Wm. Waller the younger, Chestercourt, Old Jewry, woollen warehouseman, Oct. 15 at half-past
field, Derbyshire, ironfounder, Oct. 6 at 12, Sheffield, and. ac. 1, London.-- John Hawker, Weston-super-Mare, Somerset.
-John Warburton, Sheffield, edge-tool manufacturer, Oct. 6 shire, builder, Oct. 15 at 11, Bristol.- Jonathan Cruse, Sta.
at 12, Sheffield, aud. ac.- John Walker Brown, Sloane-st., pleton, Gloucestershire, victualler, Oct. 15 at 11, Bristol. James H. Langdon, Exeter, merchant, Oct. 18 at 1, Exeter.
upholsterer, Oct. 18 at half past 12, London, div.-David -Henry E. Skinner, Tiverton, Devonshire, saddler, Oct. 25
| Hughes, Bala, Merionethshire, draper, Oct. 16 at 11, Liverat 1, Exeter.
[For continuation of Gazette, see p. 385].
CONTENTS London Gazettes........
Conduct of parties as to costs-Letters written Leading Article ....................
ll " without prejudice")........................ 899 Correspondence ................................ 382 Gabb v. Prendergast.-(Illegitimate children) ...... 900 Consolidation of Statute Law-Commissioners' Report 383
By G. J. P. Smith, Barrister at Law.
Mitcheson v. Oliver.-(Ship- Contract of sale-Goods
supplied and work done-Liability of registered Ex parte Todd, in re Williamson.-(Bankrupt-law
owner--Authority of master-Bill of exceptionsConsolidation Act, sect. 178, construction of ).... 897
Defective summing up) ...................... 900
Court of Queen's Bench.
By G. J. P. Smith and W. B. BRETT, Barristers at Law.
Eggington v. The Mayor, &c. of Lichfield.-(MuniReid v. Kenrick.-(Marriage settlement - Construc
cipal corporation-Town clerk-Warrant for not tion-Future property of wifeCovenant by hus
delivering up corporation books-Form of warrant band to settle after-acquired property).......... 897 - Discharge - Fresh warrants - Ca. sa. --ConVice-CHANCELLOR Wood's Court.
tinuity of imprisonment-Town council acting as By MATTHEW B. BEGBIE, Barrister at Law.
commissioners under Paving Act-Limitation of Woodard ». The Eastern Counties and London and
action-Liability of corporation, of attorney, and Blackwall Railway Company.-(Public company
of constable)............... ................ 908
constitute members or liberties thereof. The 1st sec
tion enacts, that from the 30th September, 1855, the LONDON, SEPTEMBER 29, 1855.
authority of the Lord Warden of the Cinque Ports and
Constable of Dover Castle, relating to the administration We are still at some distance from that bold and
of justice in civil proceedings, at law or in equity, or the
execution of judgments, writs, and process therein, shall comprehensive measure which is to combine law and
cease, except as to writs of fieri facias received by him equity, temporal and ecclesiastical, major and minor before that date. By the 2nd section, after the abovejurisdictions; but, in the meantime, it is gratifying to mentioned date, civil proceedings are to be directed, receive a few instalments on account of it. For some executed, and carried on in the Cinque Ports, the two time past public as well as professional opinion has
ancient towns of Winchelsea and Rye, and their liberbeen in favour of promoting uniformity in legal pro
ties, in the same manner as in other places in England,
and the sheriff and other ministers of counties are to cedure, and we have witnessed the beneficial results in
have the same powers within the Cinque Ports, &c. as statutes consolidating extensive branches of the law, in other parts of their counties. The 3rd section and removing much that is anomalous and exceptional enacts, that on petition of the inhabitants of parishes in our various systems of jurisprudence. The session within the Thanet division of Dover*, her Majesty may of 1855. ingrossed with military affairs, has been unable order such parishes, or one or more of them, to be to bestow much attention upon civil reforms-inter
deemed part of the county of Kent; and the county
justices, who are then to have jurisdiction over them, arma leges silent; but among the 129 statutes to which
are empowered by the next section to levy county rates it has given birth there are still signs of this tendency
upon them. By the 5th section certain acts of Parliatowards uniformity in the laws. Thus, suits for de ment are to be repealed, so far as they relate to these famation have been withdrawn from the ecclesiastical, parishes, after the order for their severance or a charter and brought entirely within the temporal, jurisdiction for their incorporation; and from that time neither the of the realm, by the stat. 18 & 19 Vict. c. 41; the law | Court of Sessions for Dover, (except as to persons then as to the payment of costs in Crown suits is assimilated,
committed or bailed for trial at such court, sect. 7),
nor any of the justices thereof, are to exercise any by the stat, 18 & 19 Vict. c. 90, to that which prevails
jurisdiction over them. The 6th section continues the in suits between subject and subject; the practice in liability of such parishes for monies which have been the county palatine of Lancaster is further assimilated, borrowed on the security of rates raised within them. by the stat. 18 & 19 Vict. c. 45, to that of other The 8th section provides for compensation in the case counties with respect to the trial of issues from the of offices abolished &c. By the 9th section, persons in superior courts at Westminster*; and provision is made,
the custody of the Lord Warden on the said 30th Sep
tember, by virtue of any authority abolished by the by the stat. 18 & 19 Vict. c. 48, towards abolishing the
act, are to be removed to the common gaol of the peculiar jurisdiction of the Cinque Ports.
county in which they were arrested. The 10th section We propose briefly to abstract the sections of the saves the rights of the Lord Warden and other officers last-named statute, which is deserving of some atten- of the Cinque Ports under any act relating to the adtion. The object of the act is to abolish the jurisdic-justment of salvage, or of the Court of Admiralty of tion of the Lord Warden over civil suits, and to sever the Cinque Ports, or the rights of the Lord Warden, in from the Cinque Ports certain parishes, which at present respect of flotsam, jetsam, and lagan,
* See also the Common-law Procedure Act, 1852, sect. 103, by which records of the superior courts of common law are to be brought to trial, and entered and disposed of, in the counties palatine, in the same manner as in other counties.
* Viz, the parishes of St. John the Baptist, (called Margate), St. Peter the Apostle, Birchington, Acol, otherwise the Ville of Wood, Beaksbourne, and Grange, otherwise Grench.
C., simply because L. and B. did, and C. did not, appear
upon the register. In the latter case two directors of THE SHIP REGISTRY LAWS.
the York City and County Bank became, by force of a
transfer of a mortgage from the manager of one of their TO THE Editor or “THE JURIST."
branches, registered mortgagees of a ship for & sum SIR,_Recent decisions upon the Ship Registry Acts fairly due to them, and considerably exceeding what warrant the calling the attention of the Profession to they realised by sale of the ship. The Master of the this branch of the law.
Rolls decreed that the proceeds of this sale should be Some of these decisions appear strangely inconsistent brought into court for the relief of the plaintiffs, who, with one another, and some of them seem to establish though not appearing upon the register, were interested different rules from those which obtain when the sub- in a portion of the monies secured to the branch maject dealt with is any other description of property. nager by the original mortgage.
Considering the important pecuniary interests which In both instances the relief sought was against the are involved in shipping property, and the vast amount | proceeds of the sale of the ship. of dealings with ships, it is surprising that some of the One question, which it is singular should not have questions which have lately presented themselves for been earlier set at rest, occurred in the case of Parr v. decision should not have been settled long ago.
Applebee, (Weekly Rep., No.40, p. 645), and which came The cases of Hughes v. Morris and M'Calmont v. before the Court of Appeal on motion to vary the decree Rankin will both be found in 2 De G., Mac., & G. 349, pronounced by the Vice-Chancellor of the Lancashire 403. Follett v. Delany was decided somewhat earlier; / Chancery. This case differed from any other reported, it will be found in 12 Jur., part 1, p. 519.
in the circumstance that the contest was between two The decision in Hughes v. Morris seems to have sur- parties, both of whom appeared upon the register. prised the Profession, for the opinion of the Court of The plaintiffs were bankers, and had lent a customer Common Pleas was taken in Duncan v. Tindall, (1316001. on security of a ship, which he mortgaged to C. B. 258).
Stanhouse, one of their firm, such mortgage being duly In these cases the Courts have truly regarded the perfected by registration. The mortgagor afterwards statute law as “ravening all that can be gotten," and I applied to the plaintiffs for pecuniary accommodation, have indeed bestowed upon the words of the 34th and which they granted upon the footing of an agreement, 37th sections of stat. 8 & 9 Vict. c. 89, a liberal inter- | (which, though in writing, did not recite the certificate pretation, if we regard the extent to which they have of registry, and was therefore incapable of being rebeen carried; but if we esteem the effectuating of the corded on the register), that the original “indenture objects of the Legislature, the true test of the liberality of mortgage, and the property to which it related," of construction, we may doubt whether this praise is should stand as a security, not only for the balance due justly due to these decisions.
upon it, but also for what might become due to the Intention can be gathered from silence as well as plaintiffs' firm by reason of the assistance the plaintiffs from expression. If ever silence is indicative of inten- were affording the mortgagor. At the date of this tion, we may conceive it to be so when the Legislature agreement there was no other registered charge upon pass a statute in certain terms, which receive a settled the vessel than that made to the plaintiff Stanhouse. construction in the courts of law, which construction Six months after the date of this agreement, and is extended by another statute passed for that and no with full knowledge of its existence, the defendants other purpose.
took a mortgage upon the ship, expressly " subject to The Legislature, observing the merits and the mis- the mortgage to the plaintiff Stanhouse.” The dechiefs of the fruits of its twofold labour, supersedes fendants contending they were entitled to redeem the them by another statute, in terms closely correspond- plaintiffs on payment of the small balance which still ing with its first essay, and (which would be marvel- remained of the original mortgage debt only, and being Tous but upon the supposition of design) omitting the in possession of the ship, she was sold, by arrangement very language which it had resorted to in its second of all parties; and on the cause coming before the Viceeffort. Certainly the inference of writers of repute Chancellor of Lancashire, he decreed that the plaintiffs was, that the construction of the later act was to be were entitled to payment out of the proceeds of the the same as that which its predecessor, to which its ship of what was due to them upon the footing of the language bore so strong a resemblance, had received. agreement, as well as the balance of the original mort(See Abb. Ship. 50, 5th ed., whose view is adopted in gage debt. Coote Mort. 265, 3rd ed., and Maude & Pollock Ship. The Lords Justices have, however, decided that the 13, note (1)).
proceeds of the ship are not to be applied in payment In none of these cases have the judges intimated how of anything that may be due to the plaintiffs under the the property in a ship may be effectually sold, or con agreement, until after the defendants shall have been tracted to be “sold," without being at the same time satisfied all that is due to them upon their mortgage. “transferred," and all the rights and powers of an un- The question thus disposed of for the first time was paid vendor over it absolutely and irreclaimably vested as to the terms upon which the first mortgage of a ship in the purchaser.
may be redeemed. Such a state of the law was recognised in Follett v. Their Lordships refrained from entering at large upon Delany, and such we must consider to have been the the case, and the reasons for their conclusion, lest they aim of the Legislature in stat. 8 & 9 Vict. c. 89. I might prejudge the case of Armstrong v. Armstrong,
The decisions on this subject which appear to conflict (25 Law T. 251), which it was anticipated would be the most remarkably are those of Sir R. T. Kindersley, brought before the Court of Appeal. Enough, howV.C., in Coombs v. Mansfield, (1 Jur., N. S., part 1, p. ever, fell from the Lords Justices to lead to the infe270), and of Sir J. Romilly, M. Ř., in Collinson v. Lister, rence that they thought the vice of the plaintiffs' case (Id., p. 835). In the former case, there being a charge lay in the second agreement, professing to charge the in favour of C., admitted to bind a ship in building till ship itself, and to secure monies due to the whole of she was registered, the ship is registered, and transferred | the plaintiffs, and not merely to Stanhouse, the original by a bill of sale, absolute in its terms, but in truth in- mortgagee. tended to be a mere security; this bill of sale and regis- It might have been apprehended that the agreement tered title become vested in L. and B., who when they in favour of the plaintiffs was either good against the took it knew of the charge in favour of C., yet the title defendants and all the world, or else void in toto, for of L, and B. was upheld, and no aid could be granted to the Ship Registry Act seemed to render informal and
incomplete instruments utterly worthless, the language of action. By the 65th section Courts of equity may of the 37th section, if taken literally, being, that no restrain for a time the dealings with any “such" ship*. bill of sale or other instrument shall be valid, for a This express right of interference is given without prespecified or any other purpose, until produced and re-judice to the ordinary powers of the Court. When were gistered at the Custom-house. The Lords Justices ap- such powers ever assumed but in Armstrong v, Armpear, however, to have given effect to the agreement as strong? against the mortgagor himself.
It would seem that this 65th section will enable a Unless the agreement was within the terms of the Court of equity to impound a ship until its powers of 37th section, (and if such is to be their effect, they decreeing a specific performance of a contract, or transought to invalidate every deed of every description fer from a trustee, can be exercised, or a vesting order which has been executed during the time that section under the Trustee Act, 1850, (see sect. 10 of the Merhas been in operation, and has not been registered at chant Shipping Act Amendment Act, 1855), made; and the Custom-house), it is difficult to conceive what point if this be the correct view, it certainly seems a beneof the policy of the Ship Registry Acts would be de- ficial provision,
Yours &c., feated, or which of the terms of the stat. 8 & 9 Vict.
OBSERVER. c. 89, would be infringed, by giving it effect. What has been the policy of the Ship Registry Acts? Two CONSOLIDATION OF THE STATUTE LAW. points have been mentioned by the Courts as the objects of the acts-one is, the preservation of a history of the EXTRACTS FROM THE APPENDIX TO THE REownership of the vessel from the delivery of the bill of
PORT OF THE COMMISSIONERS. sale: the other, the prevention of any but a British
(Continued from p. 376). subject being an owner of a British ship, and enjoying 5. The present classification is also likely to create the privileges accorded to such ships. By what possi- error and confusion in references to acts, there being bility could the agreement contested in Parr v. Apple- now in every session three different acts bearing the bee interfere with either of these objects? Clearly it same number; and this objection becomes more serious could not with the first, since it appears from the state- now that the custom of referring to acts by the number ment of it that Stanhouse alone was to hold and realise of the chapter only is becoming more common. The the ship; nor could it with the other, as (indepen- distinction attempted of marking one series with Arabic dently of the view suggested below) the acts themselves and another with Roman numerals is almost useless; provide the remedy, for as soon as an unqualified per- it is almost sure to be lost in copying drafts of bills; son becomes owner of a British ship, she, from that very and even in the printed copies of acts is so little attended circumstance, loses her privileges as such. (Compare to, that in the quarto edition printed by the Queen's the 4th and 12th sections of the stat. 8 & 9 Vict. c. 89). printer the public general statutes are numbered in
There is an expression at the close of the 45th section Arabic numerals in the running title, and in Roman of this statute which may seem to militate against the numerals at the commencement of the chapters. Nuright contended for by the plaintiffs in this case, to merous instances have already occurred of acts of the increase or alter the amount or nature of the debt due “ local and personal” series being referred to in other to Stanhouse on the original mortgage. A more careful acts as if they belonged to the “ public general” series; scrutiny of the other portions of the statute removes three instances will be found in the schedule to a single the possibility of this being the true effect of that ex- act, the 14 & 15 Vict. c. 42. (See p. 203 of the Third pression; but, without dilating upon that, I may be Report of the late Commission). It is unnecessary to allowed to suggest that this very section would shew, point out what serious consequences might result from that if a person, unqualified to be an chvner of a British the repeal of an act of the public general series when ship, were to become mortgagee of one, she would not one of the local series was intended. Numbers are parthereby lose her privileges. The 12th section directs ticularly liable to errors in copying and in the press; who may be owners, (and though a mortgagee may in and even if the single series now proposed is adopted, some sense be said to be an owner “indirectly, yet it will be advisable (as already suggested) to refer to that does not appear to be the sense in which the term the title of an act, as well as to the year and chapter, “ owner" is here employed); and this (the 45th) says in all important cases. qualified registered owners shall not be deemed, by
Instructions to Draftsmen. reason of having made a transfer by way of security The Board consider it very desirable that all the bills only, to have ceased to be the owners.
prepared under their superintendence should be framed How are the notions of the validity of a bottomry on uniform principles, and in a uniform style; they bond to a Swede, a Dane, or a Spaniard, and the inva- have therefore caused the following general rules and lidity of a security upon a British ship in favour of an suggestions to be drawn up, which they request that alien, consistent?
draftsmen will observe as far as possible in drawing It is observable that under the Merchant Shipping consolidated bills, without, however, considering them Act, 1854, a person cannot be registered as owner by as absolutely inflexible where special reasons can be transfer until he makes a declaration of his qualifica- assigned for departing from them. tion to hold British ships, and that no such declaration 1. As the immediate object of the commission is only is required from a mortgagee registering his security, to consolidate, not to amend, the law, the draftsman although a transferee by testament or act of law of a should consider it his duty, in the absence of special inmortgagee must make one.
structions, to present as correctly as possible the effect The Merchant Shipping Act, 1854, appears to hold of the statutes in force, without introducing amendout better prospects to equity lawyers than the former | ments beyond the correction of clerical errors and registry acts afforded. It seems to put the mode of omissions which appear from internal evidence to be dealing with ships upon an intelligible and practicable unintentional. Such amendments of the law as it may footing. It recognises but two modes of transferring appear to him advisable to suggest he should, where property in ships by acts inter vivos, viz. bills of sale, practicable, present in a separate form; and in cases or absolute transfers and mortgages. It precludes trusts, where they are necessarily mixed up with other matter &c. from affecting the title of registered transferees or he should be careful to note what is new. mortgagees, but it also prescribes a course of proceed- |-* What does this a such" refer to ? It would be awkward ing which may prevent the perpetration of such mon- were it held to extend to those cases only where the ship had strous frauds as were possible under the former registry to be sold, so that both her character and the pockets of the acts. Lincoln's-inn is to be the theatre of this course alien successors might be protected.