EDITORIAL DEPARTMENT with statutory conditions precedent to its issue ([1905] A. C. 201-5). It cannot, at all events, be impeached on that ground at the suit of a rival claimant merely. It may, perhaps, be impeached at the instance of the Crown or in an action to which the Crown is a party (ibid. 202-3). "5. Where land held under a particular class of title is already under the act, and an instrument, executed by the registered pro prietor and purporting to be a memorandum of transfer of his interest, is produced to the registrar for registration, and the person in whose favor it is made and who produces it for registration honestly believes it to be a genuine document which can properly be acted upon, and the registrar acts upon it and registers it, the registered title so. obtained cannot be impeached (even as against the immediate transferee) on the ground that the memorandum of transfer was, under a statute regulating the alienation of land of that particular class of title, a void instrument, and ought not, therefore, to have been registered ([1905] A. C. 206, 211-12). "6. Where land has been dc facto brought under the provisions of the act under such cir cumstances as those stated in paragraph 4, it is ' land under the provisions of the act ' within the meaning of the sections protecting the estate of the registered proprietor of ' land under the provisions of the act." The regis tered proprietor cannot, in such a case, be deprived of the benefit of registration on the ground that the land is not ' land under the provisions of the act ' within the meaning of those sections, not being dc jure under the act, or not having been validly brought under the act ([1905] A. C. 202). "7. Neither in the case stated in paragraph 4 nor in the case stated in paragraph 5 can the person obtaining the registered title be treated as a trustee for the persons who would be entitled if he were not registered. To treat him as a trustee would be to do the very thing which registration was designed to prevent ([1905] A. C. 204-5).
S31
REMINISCENCES. " Some Reminiscences of a Court Reporter," by A. H. Crawford, Canadian Law Times and Review (V. xxviii, P- 728). SALES (Scotland). " Some Recent Develop ments in the Scottish Law of Sale," by Richard Brown, Law Magazine and Review (V. xxxiii, p. 428). SURETYSHIP. " Liabilities of Heirs and Estate of Co-Sureties for Breach of Bond," by John Hipp, Central Law Journal (V. Ixvii, p. 124). TELEGRAPH COMPANIES (Liability for Mistakes;. " Regulation of Telegraph Com panies," by M. J. Gorman, Canadian Law Times and Review (V. xxviii, p. 675). Sum marizing the English, Canadian and American. TORTS (Misrepresentation). " Liability for Misrepresentation," by George S. Holmested, Canada Law Journal (V. xliv, p. 513). Dis cussing the English and Canadian cases on the subject. TRUSTS (Perquisites). "The Perquisites of a Trustee, by A. J. P. Menzies, Scottish Law Rci'icw (V. xxiv, p. 171). Examining the Scotch and English law. TRUSTS (Common Law Remedy). " Trust Bursting Under the Common Law," by George D. Talbot, Central Law Journal (V. Ixvii, p. 181). Describing the recent complaint of the attorney general of Colorado brought under the common law against a combination of manufacturers, wholesalers and retailers, the object of which was to fix the prices of certain food products. The defendants' demurrers were overruled and a permanent injunction issued. The writer is of the opinion that the common law provides a more efficacious remedy in such cases than statutes, often carelessly and inartificially drawn. UNIVERSITIES (England). " The Law of the Universities. II. Prerogative and Legis lation," by James Williams, Law Magazine and Review (V. xxxiii, p. 399).
