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 PRECEDENTS OF 
 
 ■ 
 
 GENERAL 
 
 Requisitions on Title 
 
 HERBERT A. DICKINS 
 
 ■5'Co02r 
 
 i^O^ SECOND EDITION
 
 o 
 
 I 
 
 April, VALUABLE LAW WORKS 1901 
 
 PUBLISHED BY 
 
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 PRECEDENTS OF 
 GENERAL 
 
 REQUISITIONS ON TITLE, 
 
 WITH 
 
 EXPLANATORY NOTES AND OBSERVATIONS. 
 
 BY 
 
 HERBERT A. DICKINS, 
 
 SOLICITOR. 
 
 SECOND EDITION. 
 
 LONDON : 
 
 STEVENS AND SONS, LIMITED, 
 119 & 120, CHANCEEY LANE, 
 2Lato ^ubltejwsi. 
 1898.
 
 T 
 
 LONDON : 
 l'RINTED LY C. F. BOWOETH, GEEAT NEW STREET, FETTER LANE, E.C.
 
 PREFACE 
 
 TO THE 
 
 SECOND EDITION. 
 
 The ready way in which the first edition of 
 this little work has been taken up by the pro- 
 fession justifies me, I think, in eliminating 
 from the title page to the present edition the 
 words, " for the use of Articled Clerks, Law 
 Students, and others." 
 
 The effects of recent legislation and of the 
 more recent decisions of the Courts have been 
 duly noted in the text, and I trust that the 
 work will continue to prove useful to the pro- 
 fession at large, and will help to fill the want I 
 referred to in the preface to the former edition. 
 
 H. A. D. 
 
 December, 1897. 
 
 «2 
 
 778850
 
 PREFACE 
 
 TO THE 
 
 •FIEST EDITION. 
 
 This manual has been written principally with the object 
 of providing some practical assistance to Articled Clerks, 
 Law Students, and others whose acquaintance with this 
 branch of the law is necessarily somewhat limited from 
 a want of actual experience in its practice. 
 
 The writer's object will have been further attained 
 if the forms of precedents supply the want (which he 
 has himself felt) of having ready to hand forms of 
 general requisitions on title, which can be easily adapted 
 to the varying circumstances arising in the investigation 
 of title. 
 
 The precedents are largely taken from forms in actual 
 use in the writer's own office, and where this could not 
 be done they have been framed to meet the various 
 contingencies that may be met with on a purchase of 
 land or house property. 
 
 It has been found necessary to avoid, almost entirely, 
 the framing of requisitions on " title," properly so 
 called, as they would be necessarily hypothetical, and, 
 therefore, of small practical value. Moreover, the sub j ect 
 of title to property being one so intimately connected 
 with the theory and practice of Conveyancing, it was 
 thought impossible to do justice, in a work of this kind, 
 to a subject of such vast magnitude. 
 
 H. A. D. 
 
 June, 1896.
 
 CONTENTS. 
 
 PAGE 
 
 Preface - - - - - - -iii 
 
 Table of Cases cited - - - - - - vii 
 
 Table of Statutes cited - - - - - xi 
 
 Part I. 
 
 NOTES AND OBSERVATIONS ON GENERAL 
 REQUISITIONS ON TITLE. 
 
 CHAPTEE I. 
 Usual Eequisitions on Purchase of Freehold Land - 1 
 
 CHAPTER II. 
 Usual Eequisitions on Purchase of Freehold Ground 
 Eents - - - - - - -12 
 
 CHAPTEE III. 
 Usual Eequisitions on Purchase of Copyholds - 18 
 
 CHAPTEE IV. 
 Usual Eequisitions on Purchase of Leaseholds - - 25 
 
 CHAPTEE V. 
 Eequisitions as to Description and Identity - - 40 
 
 CHAPTEE VI. 
 Miscellaneous Eequisitions - - - - 45 
 
 a 3
 
 VI CONTENTS. 
 
 Part II. 
 
 PRECEDENTS OF GENERAL REQUISITIONS ON 
 
 TITLE. 
 
 FOEM I. 
 
 PAGE 
 
 Requisitions as to Freehold Land - - - 61 
 
 FOEM II. 
 Requisitions as to Freehold Ground Eents - - 62 
 
 FOEM III. 
 Requisitions as to Copyholds - - - - 63 
 
 FOEM IV. 
 Eequisitions as to Leaseholds - - - - 65 
 
 FOEM V. 
 Eequisitions as to Description and Identity - - 66 
 
 FOEM VI. 
 
 Miscellaneous Eequisitions- - - - - 68 
 
 INDEX - - - - - - - 71
 
 TABLE OF CASES CITED. 
 
 PAGE 
 
 Attstekbuky v. Corporation of Oldham - - - 51 
 
 Barnes v. Wood - - - - - - 52 
 
 Barrow v. Isaacs - - - - - -16 
 
 Barry and Cadoxton Local Board v. Parry - 6 
 
 Beyfus and Masters' Contract - - - - 41 
 
 Bos v. Helsham - - - - - - 52 
 
 Camberwell and South London Building Society v. Hollo- 
 way - - - - - - -54 
 
 Carter v. Sebright - - - - - - 20 
 
 Castellain v. Preston - - - - - 36 
 
 Cato v. Thompson - - - - -8, 51 
 
 Clay v. Burrough - - - - - - 16 
 
 Croft v. Lumley - - - - - - 27 
 
 Cubitt v. Porter - - - - - - 13 
 
 Cumming v. Bedborough - - - - - 34 
 
 Curling v. Austin - - - - - - 43 
 
 Davis v. Greenwich Board of "Works - - - - 6 
 
 Denby v. Moore - - - - - - 34 
 
 Doe d. Baker v. Jones - - - - - - 27 
 
 Doe d. Bankin v. Brindley - - - - - 27 
 
 Duke of Norfolk v. Worthy - - - - - 41 
 
 Dyer v. Hargrave - - - - - - 41 
 
 Dykes v. Blake - - - - - - 8 
 
 Ecclesiastical Commissioners v. Parr - - 22, 23
 
 Vlll TABLE OF CASES CITED. 
 
 PAGE 
 
 Farebrother v. Gibson - - - - - - 41 
 
 Fligbt v. Booth - 42 
 
 Flower v. Harfcropp - - - - - - 43 
 
 Ford and Hill, re - - - - - - 58 
 
 Governors of Christ's Hospital v. Harrild - - - 2 
 
 Hanbury v. Litchfield - - - - - 24 
 
 Hare v. Elms - - - - - --16 
 
 Haywood v. Brunswick, &c. Company - - - 51 
 
 Higgins and Hitchman's Contract - - - - 51 
 
 Hill v. Barclay - - - - - - 16 
 
 Holland (Lady) v. Kensington Vestry - - - - 6 
 
 Keppell v. Bailey - - - - - -51 
 
 King v. Wilson - - - - - - 41 
 
 Kirby v. School Board of Harrogate - - - 52 
 
 Knight v. Simmonds - - - - - 51 
 
 Lawes v. Gibson - - - - - - 10 
 
 London and South-Western Eailway Company v. Gomm - 51 
 
 Lyddall v. Weston - - - - - - 46 
 
 Manning v. Lunn - - - - - - 2 
 
 Martin v. Cotter - - - - - - 46 
 
 Mayfair Property Company v. Johnston - - - 13 
 
 Nicoll v. Fenning - - - - --51 
 
 Nind v. Nineteenth Century Building Society - - 16 
 
 Nottingham Patent Brick and Tile Company v. Butler - 51 
 
 Paine v. Miller - - - - - --36 
 
 Palmer v. Earith - - - - - - 4 
 
 Pattison v. Long - - - - - - 54 
 
 Peek v. Matthews - - - - - - 51 
 
 Phillips v. Caldcleugh - - - - - - 51 
 
 Plumstead Board of Works v. British Land Company - 6 
 
 Plumstead v. Ingoldby - - - - - - 6 
 
 I 'oole v. Shergold - - - - - - 36 
 
 Portman v. Mill - - - - - - 41 
 
 Powell v. Smithson - - - - - - 46 
 
 Purser v. Local Board of Health for Worthing - - 29
 
 TABLE OF CASES CITED. IX 
 
 PAGE 
 
 Eayner v. Preston - - - - - - 36 
 
 Eeg. v. Lady of the Manor of Dullingham - - - 20 
 
 Beg. v. Parish of Hammersmith - - - - 32 
 
 Eeg. v. Wilson - - - - - --20 
 
 Eenner v. Tolley - - - - - -55 
 
 Einger to Thompson - - - - - - 27 
 
 Eogers v. Eingston-upon-HuH Dock Company - - 53 
 
 Seaman v. Vawdrey - - - - - - 46 
 
 Smith v. Eichmond - - - - - - 29 
 
 Smith v. Eobinson - - - - -17, 37 
 
 Soady v. Wilson - - - - - 4 
 
 Spencer v. Parry - - - - - - 34 
 
 Stedman v. Smith - - - - - - 13 
 
 Terry and White's Contract - - - - - 41 
 
 Tidswell v. Whitworth - - - - 17, 37 
 
 Tubbs v. Wynne - - - - --17 
 
 Tulk v. Moxhay - - - - - - 51 
 
 Vestry of Bermondsey v. Eamsey - - - - 6 
 
 Vestry of St. Mary Battersea v. Parmer - - - 6 
 
 Upperton v. Nicholson - - - - - - 46 
 
 Waller v. Andrews - - - - - - 4 
 
 Walter v. Maunde - - - - - - 54 
 
 Walters v. Webb - - - - - - 22 
 
 Whatman v. Gibson - - - - - - 50 
 
 White v. Cuddon - - - - - - 41 
 
 Whittemore v. Whittemore - - - - - 40 
 
 Wilkinson v. Calvert - - - - - 53 
 
 Wilmott v. Barber - - - - --27 
 
 Wilson v. Hart - - - - - - 51
 
 TABLE OF STATUTES CITED. 
 
 PAGE 
 
 13 Edw. 1, c. 1 (Statute of De Donis) 18 
 
 ■23 Hen. 8, c. 5 4 
 
 13Eliz. c. 9 4 
 
 43 Eliz. c. 2 (Poor Relief Act, 1601) 28 
 
 7 Anne, c. 20 (Middlesex Registry Act, 1708) 57 
 
 17 Geo. 2, c. 38 (Poor Relief Act, 1743) 28 
 
 38 Geo. 3, c. 5 (Land Tax Act, 1797) 2 
 
 c. 60 (Land Tax Perpetuation Act, 1798) 3 
 
 53 Geo. 3, c. 142 (Land Tax Act, 1813) 3 
 
 3 & 4 Will. 4, c. 22 (Sewers Act, 1833) 4 
 
 c. 27 (Real Property Limitation Act, 1833) 23, 47 
 
 c. 90 (Lighting and Watching Act, 1833) 31 
 
 c. 105 (Dower Act, 1833) 47 
 
 5 & 6 Will. 4, c. 50 (General Highway Act, 1835) 30 
 
 6 & 7 Will. 4, c. 71 (Tithe Commutation Act, 1836) 4 
 
 2 & 3 Vict. c. 62 (Tithe Act, 1839) 5 
 
 3 & 4 Vict. c. 15 (Tithe Act, 1840) 5 
 
 4 & 5 Vict. c. 45 (Sewers Act, 1841) 4 
 
 5 & 6 Vict. c. 35 (Income Tax Act, 1842) 33 
 
 8 & 9 Vict. c. 20 46 
 
 9 & 10 Vict. c. 73 (Tithe Act, 1846) 5 
 
 10 & 11 Vict. c. 17 (General Waterworks Clauses Act, 1847) .... 32 
 12 & 13 Vict. c. 50 (Sewers Act, 1849) 4 
 
 14 & 15 Vict. c. 36 (House Tax Act, 1851) 35 
 
 15 & 16 Vict. c. 76 (Common Law Procedure Act, 1852) 16 
 
 c. 81 (County Rates Act, 1852) 32 
 
 16 & 17 Vict. c. 34 (Income Tax Act, 1853) 34 
 
 c. 90 3 
 
 c. 117 3 
 
 18 & 19 Vict. c. 120 (Metropolis Local Management Act, 1855) . .5, 6, 
 
 31 
 
 19 & 20 Vict. c. 80 (Taxes Act, 1856) 3 
 
 21 & 22 Vict. c. 33 32 
 
 c. 104 (Metropolis Management Amendment Act, 
 
 1858) 4 
 
 23 & 24 Vict. c. 93 (Tithe Act, 1860) 5 
 
 c. 125 (Metropolis Gas Act, 1860) 32 
 
 c. 126 (Common Law Procedure Act, 1860) 16 
 
 24 & 25 Vict. c. 79 (Metropolis Gas Act, 1861) 32 
 
 c. 133 4
 
 Xll TABLE OF STATUTES CITED. 
 
 PAGE 
 
 25 & 26 Vict. c. 61 (Highway Act, 1862) 30 
 
 c. 102 (Metropolis Local Management Amendment 
 
 Act, 1862) 4, 5, 44 
 
 27 & 28 Vict. c. 18 (Revenue (No. 1) Act, 1864) 34 
 
 c. 101 30 
 
 37 & 38 Vict. c. 42 (Building Societies Act, 1874) 59 
 
 c. 54 28 
 
 c. 78 (Vendor and Purchaser Act, 1874) 9, 55, 57 
 
 38 & 39 Vict. c. 55 (Public Health Act, 1875) 5, 29, 30, 31, 38 
 
 41 & 42 Vict. c. 42 (Tithe Act, 1878) 5 
 
 43 & 44 Vict. c. 19 3 
 
 c. 82 (Taxes Management Act, 1880) 33 
 
 44 & 45 Vict. c. 41 (Conveyancing and Law of Property Act, 
 
 1881) 9, 15, 27, 37,45, 55 
 
 45 & 46 Vict. c. 27 30 
 
 c. 39 (Conveyancing Act, 1882) 49 
 
 46 & 47 Vict. c. 61 (Agricultural Holdings Act, 1883) 10, 58 
 
 47 & 48 Vict. c. 54 (Yorkshire Registries Act, 1884) 57 
 
 48 & 49 Vict. c. 26 57 
 
 c. 32 5 
 
 51 & 52 Vict. c. 8 (Customs and Inland Revenue Act, 1888) .... 48 
 
 c. 41 (Local Government Act, 1888) 44 
 
 c. 51 (Land Charges Registration and Searches 
 
 Act, 1888) 59 
 
 52 & 53 Vict. c. 7 (Customs and Inland Revenue Act, 1889) .... 49- 
 
 c. 30 21 
 
 c. 42 3 
 
 c. 50 3 
 
 53 & 54 Vict. c. 59 (Public Health Act, 1890) 5 
 
 54 Vict. c. 8 (Tithe Act, 1891) 5 
 
 54 & 55 Vict. c. 39 (Stamp Act, 1891) 56 
 
 c. 64 (Land Registry (Middlesex Deeds) Act, 1891) 57 
 c. 76 (Public Health (London) Act, 1891) 38 
 
 55 & 56 Vict. c. 37 (Private Street Works Act, 1892) 4 
 
 57 & 58 Vict. c. 30 (Finance Act, 1894) 47, 48 
 
 c. 46 (Copyhold Act, 1894) 21, 46 
 
 c. ccxiii. (London Building Act, 1894) 13 
 
 59 & 60 Vict. c. 16 (Agricultural Rates Act, 1896) 28, 31, 32 
 
 59 & 60 Vict. c. 28 (Finance Act, 1896) 2
 
 EEQUISITIONS ON TITLE. 
 
 Part I. 
 
 NOTES AND OBSERVATIONS ON GENERAL 
 REQUISITIONS ON TITLE. 
 
 Chapter I. 
 
 USUAL REQUISITIONS ON PURCHASE OF FREEHOLD 
 
 LAND. 
 
 1. Is there any land tax, seivers rate, tithe, or tithe 
 rentcharge, payable hi respect of the property ? If re- 
 deemed, the certificate of redemption should be produced 
 and handed over on completion. 
 
 The object of this inquiry, which is a very usual and 
 constant one, is to ascertain the nature of the burdens 
 upon the land. The charges in question are of the nature 
 of outgoings, which are payable by the vendor up to com- 
 pletion ; when, if need be, they should be apportioned 
 between the vendor and purchaser. 
 
 Land tax. — This is a permanent charge on land and all 
 messuages, tenements, quarries, mines, and such incorpo- 
 real hereditaments as parks, chases, warrens, fishings, 
 tithes, tolls, and fee farm rents, and annuities payable out 
 of land. 
 
 The tax is, in the absence of an express agreement on 
 
 D. I!
 
 2 NOTES AND OBSERVATIONS 
 
 the part of the tenant to pay the same, a charge on the 
 landlord, although rated in the first instance on the tenant 
 as the person " having or holding " the property in respect 
 whereof the charge is made within the meaning of the 
 Land Tax Act, 1797 (38 Geo. 3, c. 5), s. 4 (the earliest 
 statute dealing with the subject). In this connection it is 
 important to notice that any covenant or agreement by a 
 lessee or tenant to pay " all rates and taxes " will render 
 him liable to pay the land tax. (See Prid. Conv., 
 15th edit., Vol. II., p. 1 1.) It has been held that the land 
 tax is a " parliamentary tax" within the meaning of an 
 agreement to pay "all taxes, parliamentary and parochial" 
 {Manning v. Limn, 2 C. & K. 13 ; Governors of Chris? 's 
 Hospital v. Harrild, 2 M. & G. 707) ; but the tax is not a 
 " parochial tax." 
 
 The subject of the redemption of the land tax is now 
 governed by the Finance Act, 1896 (59 & 60 Vict. c. 28), 
 which repeals the earlier Acts upon the subject. By 
 sect. 32 (1) of the Act, it is enacted that the owner of any 
 land may in any year redeem the land tax charged on such 
 land by payment to the Commissioners of Inland Eevenue 
 of a capital sum equal to thirty times the sum assessed on 
 such land by the assessment last made and signed after 
 deducting any increase of the assessment made by virtue 
 of that section (sub-sect. 2), and such sum may be paid 
 either in a single payment or by such annual instalments 
 as may be agreed upon with the Commissioners, and interest 
 at the rate of three per cent, per annum on so much of the 
 capital sum as remains unpaid shall be payable with each 
 instalment, and all the instalments remaining unpaid may 
 be paid at any time. It is further provided by the Act 
 that where an owner redeems land tax upon any land by 
 payment of a capital sum, the Commissioners of Inland 
 Revenue shall, on his application at the date of the 
 redemption, grant to him a certificate charging the land 
 with the amount of that sum and with interest equal to the
 
 ON GENERAL REQUISITIONS ON TITLE. 3 
 
 amount of the land tax redeemed, and he shall be entitled 
 to the charge as if it were a mortgage secured to him by 
 a mortgage deed ; it is further provided that where the 
 certificate is registered in pursuance of the Land Charges 
 Registration and Searches Act, 1888, it shall have priority 
 over all other charges and incumbrances. (See sect. 33 (a).) 
 Having regard to such last-mentioned section, in the absence 
 of express stipulations in the conditions or contract, it is 
 not quite clear what is the exact position of a purchaser 
 with reference to his liability towards the vendor. In the 
 first place, the Act does not place any limit as to the length 
 of time the land will remain subject to the charge, and it 
 would almost seem that although the land tax had been 
 redeemed, say thirty years, before the date of the purchase, 
 yet the whole capital sum would remain charged on the 
 land, and be payable by the purchaser. Then, again, it is 
 doubtful how far the purchaser would be protected by the 
 absence of notice of the charge, and whether he would be 
 bound to make inquiry as to the existence of the Inland 
 Revenue certificate, and to search at the Land Charges 
 Registry. 
 
 The instalments unpaid at the date of purchase would 
 doubtless be outgoings to which the purchaser would be 
 liable. In such a case it does not seem clear when and 
 to whom the certificate of charge should be given. 
 
 The best evidence of the land tax having been redeemed 
 would now seem to be the certificate of the Commissioners 
 of Inland Revenue granted in pursuance of the above- 
 mentioned Act. This certificate should be produced on 
 completion, and handed over to the purchaser to be kept 
 with the title deeds. 
 
 The following are the principal Acts besides those 
 already noticed relating to the land tax : — 38 Geo. 3, c. 5 ; 
 38 Geo. 3. c. 60; 53 Geo. 3, c. 142; 16 & 17 Yict. c. 90 ; 
 16 & 17 Yict. c. 117 ; 19 & 20 Vict. c. 80 ; 43 & 44 Vict, 
 c. 19 ; 52 & 53 Vict. c. 42 ; and 52 & 53 Vict. c. 50. 
 
 B 2
 
 4 NOTES AND OBSERVATIONS 
 
 Sewers rate. — This is a charge assessed upon the owners 
 of land lying within the districts over which the Commis- 
 sioners of Sewers have jurisdiction, in respect of improve- 
 ments to such land, arising from the general drainage and 
 other works done in the district by the Commissioners. 
 (See Soady v. Wilson, 3 A. & E. 248, where this general 
 rule is laid down.) 
 
 The tenant or occupier pays the rate in the first instance, 
 but is entitled to deduct the amount so paid from the next 
 payment of rent, unless he has stipulated to pay the same, 
 either expressly or in general terms. 
 
 The rate has been held not to be included in the term 
 " parliamentary tax " {Palmer v. Earith, 14 M. & W. 428) ; 
 but it is included in the words " scot and outgoing" ( Waller 
 v. Andrews, 3 M. & W. 312). 
 
 The following are the principal Acts relating to the rate : — 
 23 Hen. 8, c. 5, as amended by 13 Eliz. c. 9 ; 3 & 4 Will. 4, 
 c. 22 ; 4 & 5 Vict. c. 45 ; 12 & 13 Vict. c. 50 ; 24 & 25 Vict, 
 c. 133; and the Metropolis Local Management Acts, 1855 
 and 1862 (18 & 19 Vict. c. 120, and 25 & 26 Vict. c. 102). 
 By the operation of the last-mentioned Acts, and of the 
 Act of 21 & 22 Vict. c. 104, the Metropolitan Board of 
 Works were authorized to raise a special rate, to be called 
 the Metropolitan Main Drainage Rate, to meet the expenses 
 incurred in the purification of the Thames, and the main 
 drainage of the metropolis. 
 
 Tithe and tithe rentcharge. — Tithes, or the payment in 
 kind out of the annual increase of the land, are now of 
 small importance, and are rarely met with, since, by the 
 operation of the Tithe Commutation Act, 1836 (6 & 7 
 Will. 4, c. 71), and subsequent Acts, they have almost 
 invariably been commuted into annual rentcharges, issuing 
 out of the land, and varying in amount with the average 
 price of corn. 
 
 The tithe rent-charge is now in all cases a charge upon
 
 ON GENERAL REQUISITIONS ON TITLE. 5 
 
 the "owner" of land, and any contract to the contrary on 
 the part of any lessee or tenant is void. (See the Tithe 
 Act, 1891 (54 Vict. c. 8, s. 1).) 
 
 The charge is payable half-yearly, and is apportioned 
 among the landowners in each parish. 
 
 In addition to the above-noted Acts, the following are 
 the principal Acts bearing on the subject, viz. : — 2 & 3 Vict, 
 c. 62 ; 3 & 4 Vict. c. 15 ; 9 & 10 Vict. c. 73 ; 23 & 24 Vict. 
 c. 93 ; 41 & 42 Vict. c. 42 ; and 48 & 49 Vict. c. 32. 
 
 2. Have all the roads and footpaths abutting on the 
 property been taken to by the parish or other local or 
 public authority ? Evidence should be furnished that all 
 charges {if any) for making, repairing, and draining the 
 same have been fully satisfed. 
 
 This requisition is a necessary one, as, until all the roads 
 and footpaths have been adopted by the vestry or local 
 authority, all expenses of making, keeping in repair, and 
 draining the same must be borne by the owners of the 
 adjoining properties. 
 
 Private roads and footpaths may be converted into public 
 highways either by their dedication by the owner to the use 
 of the public generally, or by their adoption by the local 
 authorities, whether rural or urban, under the Public 
 Health Acts, or, in the metropolis, under the Metropolis 
 Local Management Acts. (See the Public Health Act, 
 1875 (38 & 39 Vict. c. 55), ss. 150 and 152, the Public 
 Health Act, 1890 (53 & 54 Vict. c. 59), s. 41, and the 
 Private Street Works Act, 1892 (55 & 56 Vict. c. 57), 
 ss. 19 and 20, and the Acts of 18 & 19 Vict, c. 120, s. 106, 
 and 25 & 26 Vict. c. 102, s. 80.) 
 
 The owners of land within the metropolitan area (to 
 which the two last-mentioned Acts apply), which bounds 
 or abuts upon any " new street " within the meaning of 
 
 n i, ^^~ ^ v ? . </\r
 
 6 NOTES AND OBSERVATIONS 
 
 the Acts, are liable to contribute to tbe expenses of paving 
 the roadway or footway of such street. 
 
 The word " pave " is extended to include the formation 
 of the roadway or footway. (See sect. 112 of 25 & 26 Vict, 
 c. 102.) The authorities adopting any new street may 
 accept payment of the paving expenses by annual pay- 
 ments in lieu of a lump sum, and are authorized to recover 
 the same from the then present or any future owner of the 
 premises. (18 & 19 Vict. c. 120, s. 105, and 25 & 26 Vict. 
 c. 102, s. 77.) The term "owner" is defined by the former 
 Act to mean the person for the time being receiving the 
 rack rent of the premises. 
 
 The term "new street" has been recently held to mean 
 a road or street having houses built either on one side or on 
 both sides, and does not apply to a road with no houses 
 thereon. (See the Vestry of St. Mary, Battersea v. Palmer 
 and another, H)2 L. T. 37.) 
 
 The following cases are important as bearing upon the 
 question of " ownership" as regards the above provisions, 
 viz. : — Lady Holland v. Kensington Vestry, L. E. 2 C. P. 
 565 ; Plumstead Board of Works v. British Land Company, 
 L. B. 10 Q. B. 203; Plumstead Board of Works v. Ingoldby, 
 L. E. 8 Ex. (Ex. Ch.) 63, 174 ; Vestry of Bermondsey v. 
 Ramsey, L. B. 6 C. P. 247 ; The Barry Sf Cadoxton Local 
 Board v. Parry, 72 L. T. Eep. 692 ; (1895) 2 Q. B. 110 ; 
 and Davis v. Greemvich Board of Works, (1895) 2 Q. B. 
 219. 
 
 It is clearly the duty of the vendor to supply the pur- 
 chaser with the fullest information he is able in answer to 
 this requisition. In the event of the purchaser discovering 
 an outstanding charge he would conceivably be justified 
 in refusing to complete until it had been satisfied, unless 
 the charge were of the nature of a periodical payment, in 
 which case he would probably be held to his bargain, 
 subject, it may be, to compensation if the outgoing had 
 not been mentioned in the particulars of sale. It is sub-
 
 ON GENEEAL REQUISITIONS ON TITLE. 7 
 
 mitted that the usual condition that the land is sold " sub- 
 ject to all easements and other incidents of tenure," would 
 not deprive the purchaser of his right to compensation, 
 although if the words " outgoings " or " burdens " were 
 used it would probably have that effect. 
 
 H the vendor has no evidence in his possession of the 
 outstanding claims in respect of the roads having been 
 satisfied, he usually refers the purchaser to the vestry or 
 other local authority, and it would seem that the purchaser, 
 in such an event, cannot compel the vendor to obtain such 
 evidence, except at his, the purchaser's, expense. (See the 
 Conveyancing Act, 1881, s. 3, sub-s. 6.) 
 
 3. Are there any rights of wayJivater, or other 
 easement affecting the property, and not disclosed by the 
 abstract or particulars ? 
 
 The importance of this requisition is obvious when we 
 are dealing with what are termed patent defects in the 
 property (such as a public footpath across a field), which 
 could be discovered on an inspection of the property. For 
 although the vendor is not bound to disclose such defects 
 (see Prid. Conv., 15th edit. 25 ; and Fry on Sp. Perf., 
 3rd edit. 556, 557), yet it is probable he would not be 
 justified in concealing the fact of their existence in the face 
 of such an inquiry as the one in question. 
 
 With regard to latent defects or easements so called, 
 the case is somewhat different, as although the conditions 
 usually provide that the property is sold subject to all 
 easements affecting it, yet this does not exempt the vendor 
 from disclosing an easement if he were aware of it. If 
 such a burden were discovered by a purchaser subsequently 
 to the date of the contract, it would be a good ground of 
 objection to the title, although perhaps it is more often a
 
 8 NOTES AND OBSERVATIONS 
 
 matter of compensation. (But see Dykes v. Blake, 4 Bing, 
 N. C. 463.) But where it is proved that the purchaser 
 was aware of the easement at the time he contracted to 
 purchase, he could not afterwards rescind the contract or 
 claim compensation unless the vendor expressly contracted 
 to sell "free from incumbrances." (See Cato v. Thompson, 
 
 9 Q. B. D. 616 ; Prid. Conv., 15th edit. 21.) 
 
 In addition to the more usual rights of way, of water, 
 of mines, and of common to which land may he liable, and 
 which are usually termed easements, there may be rights 
 of hunting, shooting, fishing, and sporting which are not 
 easements properly so called, but are incorporeal heredita- 
 ments having their origin in grant. These latter rights 
 can only be created by deed, unless they are appurtenant 
 to some corporeal hereditament. They are capable of being 
 demised, but the demise must in all cases be by deed. 
 (Woodfall, L. & T., 15th edit., p. 86.) 
 
 The fact that the land sold is subject to any such rights 
 should be stated in the particulars, otherwise the purchaser 
 would probably be entitled to rescind the contract, as they 
 would be latent defects and subject to the above-mentioned 
 rule as to their disclosure as such. 
 
 4. It is assumed th a t all the abstracted deeds and 
 documents imfa be handed over to the purchaser on com- 
 pletion. 
 
 The form of this inquiry will naturally vary to accord 
 with the facts as disclosed in the abstract. It is always 
 better, when the conditions of sale or contract are silent on 
 the point, to have a clear understanding as to the ultimate 
 possession of the documents of title. Where the deeds are 
 not to be handed over to the purchaser, it is advisable to 
 inquire further whether they are to be retained by the-
 
 ON GENERAL REQUISITIONS ON TITLE. 9 
 
 vendor or to be handed over to some other person. In 
 the latter case the purchaser should ascertain who will 
 give him the usual statutory acknowledgment and under- 
 taking. 
 
 A vendor is entitled to retain the deeds if they relate to 
 other property not sold to the purchaser, so long as he 
 retains such property. (Vendor and Purchaser Act, 1874, 
 s. 2, rule 5.) In this case the purchaser is entitled at his 
 own expense to attested or other copies of such deeds. 
 
 A vendor retaining deeds is bound to give the statutory 
 acknowledgment for their production and an undertaking 
 for their safe custody where he is the beneficial owner 
 of the property. As it seems to be doubtful whether a 
 trustee is bound to give both the acknowledgment and 
 undertaking, it is generally provided in the conditions 
 or contract that the vendor, being a trustee for sale, 
 shall give the acknowledgment for the production of the 
 deeds only. 
 
 Where the property is sold in lots, the purchaser of the 
 lot which is the largest in value is, in the absence of stipu- 
 lations to the contrary, entitled to the custody of the deeds, 
 and must, if so required by the purchasers of any other lots 
 to which such deeds relate, give the usual acknowledgment 
 and undertaking. 
 
 The burden of performing the obligations of the statutory 
 acknowledgment attaches to the person for the time being 
 having the document to which the acknowledgment relates 
 either in his possession or under his control. (See the 
 Conveyancing Act, 1881, s. 9, sub-ss. 2, 4.) Any person 
 interested in or affected by the terms of any such document 
 may enforce the performance of the obligations under the 
 acknowledgment (see sub-s. 3), so that a vendor of land 
 having the benefit of an acknowledgment as to deeds only 
 can transfer such benefit to a purchaser. 
 
 b 5
 
 10 NOTES AND OBSERVATIONS 
 
 5. All outgoings up to the date of completion must 
 be paid by the vendor, and the last receipts jor the same 
 produced. If need be, the current outgoings must be 
 apportioned as between vendor and purchaser. 
 
 Although there is generally a provision to the above 
 effect in the conditions or contract for sale, yet this is a 
 very usual requisition, its object being doubtless to draw 
 the vendor's attention to the fact, and to put him on inquiry 
 as to what outgoings affect the property. 
 
 In the case of freehold land, the only outgoings, as a 
 rule, are the land tax, sewers rate, and tithe rentcharge 
 (when these are not payable by a tenant). But this is 
 not always the case, as where the land, although held in 
 perpetuity, is yet subject to a chief or quit rent. Again, 
 there may be outstanding charges in respect of the making 
 up of the roads and footpaths, or of the drains and sewers 
 thereunder. There may also be an outstanding claim by 
 the tenant of agricultural land for compensation for im- 
 provements under the Agricultural Holdings Act, 1883 
 (46 & 47 Vict. c. 61). It is possible, again, in the case of 
 recently developed building land, that there may be out- 
 standing claims for commission, survey fees, &c, which 
 should be satisfied on or before completion, although, of 
 course, these would not be in the ordinary sense a burden 
 upon the land, and they are usually the subject of contract 
 between the building owner and the agent or surveyor. 
 
 Only those outgoings in the nature of periodical pay- 
 ments are apportionable, such as rent (see Lawes v. Gibson, 
 L. E. 1 Eq. 135); and unless there is any stipulation to 
 the contrary, the current charges should be estimated up 
 to the date of completion, and allowed to the purchaser, 
 by deducting them from the purchase-money. Of course, 
 when the charge is paid in advance, the estimated portion 
 due to the end of the current period is charged to the 
 purchaser, and added to the purchase-money.
 
 ON GENERAL REQUISITIONS ON TITLE. 11 
 
 6. The purchaser reserves the right to make further 
 requisitions (if need be) on the replies to the above. 
 
 Where by the conditions of sale or purchase agreement 
 there is a time fixed for sending in requisitions on title, 
 and time is expressed to be of the essence of the contract, 
 if no such reservation as this were made, it is conceivable 
 that the vendor might successfully object to answer further 
 requisitions, on the ground that they were out of time.
 
 12 NOTES AND OBSERVATIONS 
 
 Chapter II. 
 
 USUAL REQUISITIONS ON PURCHASE OF FREEHOLD' 
 GROUND RENTS. 
 
 1 to 3. The requisitions noticed in the previous 
 chapter under these numbers will equally apply to 
 land already built upon, and where the leases have 
 been granted : in other words to created ground 
 rents. 
 
 4 and 5. These will be similar to those noticed 
 in the previous chapter (supra). 
 
 6. Which of the boundary ivalls to the premises 
 are party ivalls ? 
 
 Where the lease is silent as to the party walls, this 
 requisition is a necessary one, in order to ascertain the 
 mutual rights and liabilities attaching to the use and 
 occupation of the walls inclosing the land and separating 
 it from adjoining lands. 
 
 Irrespective of statutory definitions, the term "party 
 wall " would seem to be applied to such walls as are built 
 upon the soil belonging in common to the owners of 
 adjoining lands. Where the origin of the wall is un- 
 known, the common use of it by the owners of adjoining 
 lands is prima facie evidence that both the wall and the
 
 ON GENERAL REQUISITIONS ON TITLE. 13 
 
 land upon which it stands belong to such adjoining owners 
 in equal moieties as tenants in common. (Woodfall, L. & 
 T., 15th edit. 650.) 
 
 By the London Building Act, 1894 (57 & 58 Vict. 
 c. ccxiii), a party wall is defined to be (a) a wall forming 
 part of a building and used or constructed to be used for 
 separation of adjoining buildings belonging to different 
 owners, or occupied or constructed or adapted to be occu- 
 pied by different persons ; or (b) a wall forming part of a 
 building and standing to a greater extent than the projec- 
 tion of the footings on lands of different owners. (See 
 sect. 5, sub-sect. (16).) 
 
 Since both adjoining owners of a party wall are jointly 
 liable for its repair, it would seem probable that one co- 
 owner could compel the other to contribute to the expense 
 of keeping the wall in repair, or sue him for damages in 
 respect of its non-repair, more especially if his neglect to 
 repair would jeopardize the existence of the wall. If one 
 co-owner of a wall exclude the other from his occupation 
 and enjoyment of it, as by destroying the wall or building 
 upon it, he commits a trespass, and renders himself liable 
 to an injunction. (See Stedman v. Smith, 8 E. & B. 1 ; 
 26 L. J. C. B. 314.) But it is otherwise where one owner 
 pulls the wall down temporarily, and with the intention of 
 rebuilding it. (Cubitt v. Porter, 8 B. & C. 257; and 
 Woodfall, L. & T., 15th edit. 651.) 
 
 Like all other kinds of property held in common, a party 
 wall is subject to partition, and this can be enforced by 
 one co-owner against the other as a matter of right. 
 
 In a recent partition action of this nature, the Court 
 directed that the wall should be divided longitudinally, 
 giving one half of the wall to each of the adjoining 
 owners. (See Mayfair Property Company v. Johnston, 
 (1894) 1 Ch. 508 ; 63 L. J. Ch. 399; 70 L. T. 485.)
 
 14 NOTES AND OBSERVATIONS 
 
 7. Evidence should be given that the premises are 
 insured by the lessee in accordance with the covenant in 
 the lease, and the last premium paid. 
 
 Since by the rules of equity the property stands at the 
 a-isk of the purchaser, from the moment of his entering 
 into a completed contract to purchase the same, it is im- 
 portant that he should ascertain, as soon as possible; 
 whether the property is fully insured in accordance with 
 the covenant in the lease. The purchaser should not be 
 satisfied on this point until the policy, together with the 
 last premium receipt, has been produced ; or, at all events, 
 not until the vendor assures him positively that the cove- 
 nants in the lease in this respect have been complied with, 
 and undertakes to produce the policy and last receipt on 
 completion. 
 
 Where the landlord insures, the purchaser should in- 
 quire further whether the vendor will hold the policy in 
 trust for the purchaser on the latter paying a proportionate 
 part of the current premium. (For the necessity for this, 
 and the form of requisition, see p. 36, infra.) 
 
 8. Is the vendor aware of any breach by the lessee 
 of any of the covenants contained in the lease ? If so, 
 what steps {if any) have been taken to remedy the same f 
 
 It seems probable that, in the face of such an inquiry as 
 this, a vendor would not be justified in concealing the fact 
 that a breach of covenant had occurred to his knowledge. 
 A purchaser, on learning of a breach of covenant, should 
 insist upon its being remedied, or, if it is incapable of 
 remedy, he should claim compensation in respect of it. 
 
 In this connection it is perhaps profitable to glance 
 shortly at the remedies now provided for breach of 
 covenant.
 
 ON GENERAL REQUISITIONS ON TITLE. 15 
 
 A statutory remedy is now given to a lessee against 
 forfeiture for breach, of covenant in all except the follow- 
 ing cases, viz., a covenant against assigning or underletting 
 the property, also certain covenants in mining leases ; and 
 also in the case of forfeiture for non-payment of rent. 
 (See the Conveyancing Act, 1881, s. 14, sub-ss. 6, 8.) By 
 the operation of the Conveyancing Act, 1892 (55 & 56 Vict, 
 c. 13), the remedies against forfeiture are not extended to 
 the case of a condition in a lease providing for forfeiture on 
 the bankruptcy of the lessee or the taking in execution of 
 his interest thereunder, where one year has expired from 
 the date of the bankruptcy or taking in execution, and the 
 lessee's interest has not been sold within such period (s. 2, 
 sub-s. 2). The effect of this sub-section would seem to be 
 this : the trustee in bankruptcy or the execution creditor 
 has one year in which to sell the lessee's interest in the 
 property, and, on his so selling, the purchaser would have 
 the same remedies against forfeiture as are provided in 
 other cases of breach of covenant ; but in the event of the 
 trustee or creditor not selling within such time, then the 
 lease is absolutely forfeited. 
 
 By sub-s. 3 of the last-mentioned Act this partial relaxa- 
 tion of the law against forfeiture on bankruptcy is not 
 extended to leases of agricultural or pastoral land, of 
 mines or minerals, public-houses or beershops or furnished 
 houses, or where the personal cjualifications of the tenant 
 are of importance to the preservation of the value or 
 character of the property. 
 
 Although the remedy for forfeiture of a lease provided 
 by the Conveyancing Act, 1881, is by the same Act ex- 
 pressly extended to an underlease, and the term "lessee " 
 is expressed to include an original or derivative under- 
 lessee and his representatives, while that of "lessor" 
 includes an original or derivative underlessor and his 
 representatives, yet the Courts have interpreted this to 
 mean that the provisions of the Act only apply as between
 
 16 NOTES AND OBSERVATIONS 
 
 an underlessor and under-lessee, and not as between a lessor 
 and an underlessee. (See Ni?idv. Nineteenth Century Build- 
 ing Society, (1894) 2 Q. B. 226 ; 63 L. J. Q. B. 636; 70 L. T. 
 831 ; 42 W. E. 481 ; also Clay v. Burrough, 99 L. T. p. 40.) 
 
 The effect of sect. 14, sub-sects. 1, 2, of the Act of 1881 
 would seem to be that a lessor must, before proceeding to 
 enforce a forfeiture, serve a notice on the lessee in accord- 
 ance with the Act, and then wait a reasonable time, and 
 only in the event of the lessee then failing to remedy the 
 breach, or to make reasonable compensation to his satis- 
 faction, can the lessor proceed by action ; and in such pro- 
 ceedings it is in the absolute discretion of the Court to 
 grant relief upon such terms as it shall think fit. 
 
 The subject of relief against forfeiture for non-payment 
 of rent is governed by long- established rules of equity, as 
 modified by the Common Law Procedure Acts, 1852 and 
 1860 (15 & 16 Vict. c. 76 and 23 & 24 Vict. c. 126). The 
 Courts will now relieve a lessee or his assignee upon his 
 paying all arrears of rent, together with interest and costs, 
 provided such payment is made within six months after 
 execution of the judgment of ejectment. The question 
 whether an underlessee can claim the benefit of the Acts is 
 a moot one ; but see Hare v. Elms, (1893) 1 Q. B. 604. 
 
 Equity will only relieve against forfeiture occasioned by 
 assigning or underletting without licence in case of fraud, 
 accident, and mistake, but not in the case of forgetfulness. 
 {Barrow v. Isaacs, 64 L. T. Eep. 686 ; (1891) 1 Q. B. 417 ; 
 and see Hill v. Barclay, 17 Ves. 63.) 
 
 9. Have any parochial or other notices under the 
 Public Health Acts or otherwise been served upon the 
 vendor, or the tenant or property, and which have not 
 been complied with ? 
 
 This requisition is an important one where the subject- 
 matter of the purchase consists principally of house pro-
 
 ON GENERAL REQUISITIONS ON TITLE. 17 
 
 perty. The attention of local authorities having of recent 
 years been directed to the providing of better drainage and 
 sanitary systems in private dwelling-houses (as the out- 
 come of more stringent legislation upon the subject), a 
 purchaser should never neglect to make some inquiry as 
 to the existence of any unsatisfied sanitary notices. 
 
 By the operation of the Public Health Acts, 1875 and 
 1891, the sanitary authorities, on receipt of information 
 as to the existence of a nuisance within the meaning of 
 the Acts, are empowered to serve a notice, either on the 
 occupier or the owner of the premises in question, requir- 
 ing the nuisance to be abated. The costs and expenses 
 incurred by the sanitary authority, either in enforcing the 
 notice or in the execution of the necessary works, although 
 recoverable from the owner or occupier, are a charge upon 
 the owner in respect of the premises, unless the occupier 
 has expressly covenanted to pay all such charges. (See 
 Smith v. Robinson, (1893) 2 Q. B. 53 ; 62 L. J. Q. B. 509; 
 69 L. T. 434; 41 W. E. 588; also Tidswell v. Whitworth, 
 15 L. T. Eep. 574; and Tubbs v. Wynne, (1897) 1 Q. B. 74.)
 
 18 NOTES AND OBSERVATIONS 
 
 Chapter III. 
 
 USUAL REQUISITIONS ON PURCHASE OF COPYHOLD 
 
 PROPERTY. 
 
 1 to 7. Most of the requisitions noticed in the 
 previous chapters under these numbers would be 
 equally applicable to the purchase of copyhold pro- 
 perty, and it is only necessary here to notice the fol- 
 lowing as being peculiar to this class of property : — 
 
 8. Full particulars should be given of the customs 
 obtaining in the manor relating to descent, freebench, 
 fnes, heriots, and other customary services [if any). 
 
 Since the existence of certain peculiar customs obtaining 
 in the particular manor may materially affect not only the 
 burdens and liabilities attaching to the land, but even the 
 title to and the user and disposition of such land, it is 
 obvious that this inquiry is of first-rate importance. 
 
 The rules of descent are sometimes peculiar to certain 
 manors, as where the land descends to the youngest son, or 
 to all the sons as co-heirs. 
 
 Since copyholds do not come within the operation of the 
 Statute Be Donis (13 Edw. 1, c. 1) they cannot be entailed, 
 unless there is a special custom of the manor to warrant 
 it ; hence, if copyhold land is limited to a man and " the 
 heirs of his body," this will ordinarily create not a fee 
 tail, but a fee simple conditional at common law. (See 
 St. ph. Com., 10th edit., Vol. I., 629.) 
 
 The ordinary rules as to the widow's dower do not apply
 
 ON GENERAL REQUISITIONS ON TITLE. 19 
 
 to copyholds, except by special custom, when her interest 
 is termed " freebench." The quantity of estate taken by 
 the widow, as well as its duration, and the rules as to the 
 barring of her rights, are all regulated by the customs of 
 the manor. Freebench, as a rule, may be defeated by the 
 alienation of the husband in his lifetime, or even by his 
 entering into a binding contract for sale. 
 
 Curtesy, except by the special custom of the manor, does 
 not attach to copyhold property. 
 
 Heriots still form one of the incidents of copyhold tenure. 
 They are not now of such an oppressive nature as in former 
 times, as in many manors the amount or value of the 
 article claimed is trifling, while in others they have become 
 commuted into money payments. By the term " heriot " 
 is meant the tribute rendered to the lord of the manor on 
 the death or alienation of the tenant. It is, however, 
 more ordinarily claimed on the death of the tenant, whether 
 he be in possession or reversion. The nature of the heriot 
 varies according to the custom, it being sometimes the 
 best live beast, as a horse, cow, &c, or the best chattel, as 
 a jewel or piece of plate. 
 
 Heriots are of the nature of personal chattels, and are 
 not a charge upon the land. 
 
 It would seem that where copyholds are vested in 
 tenants in common, the heriot is payable on the death 
 of each tenant, but it would probably be otherwise in the 
 case of joint tenants. 
 
 Fines are payments made to the lord of the manor on 
 the admission of every new tenant. 
 
 They are either uncertain in amount, and termed arbi- 
 trary, or are certain, as 6s. 8d. for every tenement or acre 
 of land. When arbitrary, the fine must never exceed an 
 amount equal to two years' improved value of the land 
 after deducting the quit rent. (See Scriven, 7th edit. 182.) 
 
 On the admission of joint tenants and coparceners, one 
 tine only is payable ; but in the case of tenants in common
 
 20 NOTES AND OBSERVATIONS 
 
 the fine is multiplied, and must be paid in respect of the 
 share of each tenant. On the death of tenants in common 
 and coparceners, their respective heirs and representatives 
 on admission must pay several fines for the shares to which 
 they become entitled. Where tenants in common join in 
 a surrender of the entirety, one fine only is payable on the 
 admission of the surrenderee. (Scriven, 194.) 
 
 The admission of a tenant for life of copyhold property 
 acts, as a rule, as the admission of all those in remainder, 
 consequently one fine only is payable, unless there is a 
 special custom to the contrary. (Scriven, 188.) Although 
 a remainderman need not be himself admitted, it is prob- 
 able that were he to surrender his estate during the 
 continuance of the particular estate, the lord could not be 
 compelled to admit the surrenderee, either in the lifetime 
 or upon the death of the particular tenant, until the fine 
 had been paid. 
 
 Where the particular tenant and the remainderman join 
 in a surrender of the entirety, one fine only is payable on 
 the admittance of the surrenderee. (Scriven, 188.) 
 
 Where the remainderman dies and his heir surrenders, 
 the fine due on the descent to the heir must be paid. {Reg. 
 v. Lady of the Manor of Dullingham, 8 Ad. & Ell. 858.) 
 So, also, if the remainderman devise the estate, the devisee 
 must be admitted and pay the fine before he can sur- 
 render. 
 
 Fines are payable on the admission of new trustees of a 
 settlement, and must be borne by the tenant of the par- 
 ticular estate and those in remainder rateably. ( Carter v. 
 Sebright, 26 Beav. 374.) 
 
 Executors selling under a power of sale need not be 
 themselves admitted, and one fine only is payable on the 
 admittance of the purchaser. {Reg. v. Wilson, 3 B. & S. 
 201.) 
 
 Since fines aro payable only on admission, the mortgage 
 of copyholds is effected by a surrender to the mortgagee,
 
 ON GENERAL REQUISITIONS ON TITLE. 21 
 
 expressed to be conditional, that on payment of principal 
 and interest the surrender shall be void. Unless desirous 
 of entering into possession of the property, the mortgagee 
 is seldom admitted, and thus payment of the fine is 
 avoided. 
 
 Fines are not a charge upon the land, and the lord's 
 only remedy for non-payment, besides that of entry for 
 forfeiture, is by action, which may be barred after a lapse 
 of six years. 
 
 A quit rent is often payable in respect of copyhold pro- 
 perty, and seems to be so called from the fact that the 
 tenant is then quit and free from all other services. 
 
 By the operation of the Copyhold Act, 1894 (57 & 58 
 Yict. c. 46), which repeals and consolidates the Copyhold 
 Act, 1841, and subsequent Acts, the burdens incidental to 
 copyhold tenure, such as rents, fines, and heriots, as well 
 as any other manorial incidents whatever, may be extin- 
 guished, and the land subject thereto be released and 
 enfranchised. (Sect. 2.) "Where enfranchisement takes 
 place, the lands are freed from all customary modes of 
 descent, or any particular custom relating to dower, free- 
 bench or curtesy. (Sect. 21 (c).) 
 
 Under the same Act the tenure of copyhold land may be 
 changed into freehold by enfranchisement. 
 
 Enfranchisement may be obtained compulsorily either 
 by the lord or tenant, or it may be voluntary by agreement 
 between the lord and tenant ; but in such latter case the 
 consent of the Board of Agriculture (constituted by the 
 statute 52 & 53 Yict. c. 30) must be obtained thereto. (See 
 sects. 1 and 14.) 
 
 There is, sometimes, a stipulation in a contract for the 
 purchase of copyholds that the vendor shall obtain an 
 enfranchisement before conveying the property, the costs 
 of obtaining it to be borne by the purchaser ; this is done 
 to avoid payment of the fines and steward's fees on admis- 
 sion of the purchaser.
 
 22 NOTES AND OBSEEVATIONS 
 
 The practical steps for obtaining enfranchisement of 
 copyhold property situate in the manor of Fulham may be 
 of interest : particulars of the property, together with a 
 copy of so much of the ordnance survey map as shows the 
 same, should accompany a written request to the steward 
 for enfranchisement ; on receipt of which the steward 
 notifies the applicant the amount of the lord's compensa- 
 tion fees and costs. On the acceptance of the terms, the 
 applicant's solicitor approves the draft deed of enfranchise- 
 ment, and afterwards engrosses the same. The agreed 
 amount of compensation is paid into the Bank of England, 
 under a warrant from the Ecclesiastical Commissioners (the 
 lords of the manor), and the matter is then completed at the 
 steward's office. 
 
 9. -Are there any arrears of quit-rent, or any other 
 payments, fines, or services, Sfc, which remain unpaid or 
 uncomplied ivith, and which might occasion a forfeiture ? 
 If so, they must be discharged or complied with before 
 completion. 
 
 The object of this inquiry is twofold ; first, to ascertain 
 the nature of the outstanding claims upon the property ; 
 secondly, to guard against the possibility of forfeiture, a 
 danger to which this class of property is peculiarly subject. 
 Thus, copyholds maybe forfeited by the tenant's refusal to 
 pay the fine on admission, or the customary rent. Again, 
 the lord may seize the land if, after due proclamation 
 made, the heir of a tenant, dying intestate, has refused to 
 come in and bo admitted. This seizure is termed " quo- 
 usque," i.e., until the heir comes in and takes admittance; 
 after the expiration of twelve years, however, it becomes 
 absolute. (See Walters v. Webb, L. B. 5 Ch. App. 531 ; and 
 Ecclesiastical Commissioners v. Parr, (1894) 2 Q. B. 420 ; 
 63 L. J. Q. B. 784 ; 71 L. T. 65 ; 42 W. R. 5G1 ; and
 
 ON GENERAL REQUISITIONS ON TITLE. 2^3 
 
 the Eeal Property Limitation Act, 1833 (3 & 4 Will. 4, 
 c. 27).) 
 
 The lord's right to seize quousque will be defeated if he 
 has received money, paid as quit rent, from a tenant who 
 has not been admitted with knowledge of the death of 
 the previous tenant. {Ecclesiastical Commissio?iers v. Parr, 
 supra.) 
 
 Copyholds may also be forfeited, if the tenant grant a 
 lease for a longer period than one year without the licence 
 of the lord, unless there is a custom of the manor enabling 
 him to grant leases for a longer period. Again, copyholds 
 are liable to forfeiture for waste, whether voluntary or 
 permissive ; for the tenant's withholding his customary- 
 services ; or for refusing to attend the customary court 
 when summoned. 
 
 Relief against forfeiture may be obtained in equity in 
 certain cases. 
 
 The operation of forfeiture is limited to the estate of the 
 particular tenant offending, and does not extend to that of 
 those in remainder unless there is a special custom to the 
 contrary. (See Scriven, 7th edit. 215.) Again, the for- 
 feiture of one joint tenant is limited to his own share of 
 the estate. 
 
 10. Evidence should be given that the necessary 
 licence from the lord of the manor to the granting of the 
 
 abstracted lease of the teas duly obtained, or, if not 
 
 required, evidence of the custom dispensing therewith 
 should be supplied. 
 
 Where the abstract discloses the existence of a lease for 
 more than one year, this inquiry should be made, as, in 
 the absence of a licence from the lord, the granting of a 
 lease for a longer period than one year would, in the 
 absence of a special custom, work a forfeiture.
 
 24 NOTES AND OBSERVATIONS 
 
 However, evidence that the forfeiture had been waived 
 by the lord, either expressly or impliedly, as by his ac- 
 knowledging the tenant's title to make the lease, or even 
 by his not enforcing his rights for twelve years, would be 
 a satisfactory answer in the absence of an express licence. 
 (See Scriven, 7th edit. 228 ; Prid. Conv., 15th edit. 165.) 
 
 In the case of Hanbury v. Litchfield, 2 My. & K. 629, 
 where a purchaser contracted to purchase a lease for 
 thirty-one years, issuing out of copyhold land, and the 
 custom of the manor authorized a lease for twenty-one 
 years only, and as a matter of fact the vendor was 
 possessed only of a covenant to grant an extension of the 
 term for ten years, the purchaser was held bound to 
 complete, with compensation for the loss in value, as he 
 should have inquired into the customs of the manor.
 
 ON GENERAL REQUISITIONS ON TITLE. 25 
 
 Chapter IV. 
 
 USUAL REQUISITIONS ON PURCHASE OF LEASEHOLDS. 
 
 1 to 4. The requisitions under these numbers, 
 noticed in the first chapter, would he applicable in 
 the case of leaseholds. 
 
 5. Have any notices to repair been served, or any 
 claim in respect of repairs been made by the superior 
 landlord as to the premises, or the party walls, sewers, 
 or drains thereto, and which remain uncomplied ivith, or 
 unsatisfied ? 
 
 In addition to the ordinary repairing covenant, as con- 
 tained in building and repairing leases, there is usually a 
 covenant on the lessee's part to pay or allow a reasonable 
 share of the costs and expenses of repairing, supporting, 
 and maintaining all drains, sewers, party walls, and water- 
 courses used in common by the occupiers of the demised 
 premises, and of the adjoining premises, the proportion to 
 be ascertained by the lessor's surveyor, and to be recover- 
 able as rent in arrear. 
 
 Then, again, there is the usual covenant to permit the 
 lessor from time to time to enter upon the demised pre- 
 mises, and to give notice of any defects and wants of 
 repair found, and requiring the lessee to remedy them 
 within a specified time, usually three months. 
 
 It is more especially in respect of these two covenants, 
 and the notices or claims by the lessor thereunder, that 
 the present inquiry is directed. 
 
 d. c
 
 26 NOTES AND OBSERVATIONS 
 
 It almost goes without saying that if any such notices 
 or claims are found to be outstanding, the purchaser should 
 insist upon their being complied with before completing 
 his purchase. 
 
 6. When were the premises last painted, both inside 
 and outside ? 
 
 The usual covenant as to painting provides that the 
 outside wood and ironwork (where usually painted) shall 
 be painted once in every third year, and the inside once 
 in every seventh year. But as this covenant is, as a rule, 
 more honoured in its breach than in its performance, it is 
 of considerable importance to ascertain when the last 
 paintings were done. It is probable that in the event 
 of a purchaser discovering that the premises had not been 
 painted in accordance with the covenant during the last 
 three or seven years, he could insist upon the painting 
 being done before he completed, or could claim an abate- 
 ment from his purchase-money in respect of it ; although, 
 if he has had an opportunity of inspecting the property, 
 and has actually done so before contracting, he would 
 probably be held to his bargain, under the maxim of 
 " caveat emptor." 
 
 7. All outgoings must be paid, and (if need be) 
 apportioned up to completion : and the last receipts for 
 ground rent, rates, taxes, and other outgoings produced 
 on completion. 
 
 In the case of leaseholds, the question of the outgoings 
 is of more importance than in that of freeholds. In the 
 former caso, besides those incident to freeholds (such as 
 land tax, sewers rate, and tithe rentcharge, all of which
 
 ON GENEKAL REQUISITIONS ON TITLE. 27 
 
 have been dealt with in a former chapter, where a some- 
 what similar requisition was under notice), the outgoings 
 include the rent, whether ground rent or rack rent, the 
 Queen's taxes, local rates, and fire premium. 
 
 The purchaser should always insist upon the last receipt 
 for the rent which has last accrued due being produced 
 on completion. In addition to the receipt being the best 
 evidence of payment, it is also prima facie evidence that 
 the lessor has waived his right to a forfeiture on breach 
 of any of the lessee's covenants. (See sub-ss. 4 and 5 of 
 sect. 3 of the Conveyancing Act, 1881.) The acceptance 
 of rent by a lessor, however, does not act as a waiver 
 where he has had no notice of the breach of covenant' 
 giving rise to the forfeiture. {Croft v. Lumley, 6 H. L. 
 Cas. 675.) Again, the subsequent receipt of rent accrued 
 due prior to the breach of covenant is no waiver of the 
 lessor's right to a forfeiture. 
 
 Acceptance of rent becoming due before the expiration 
 of a notice to repair is no waiver of a forfeiture occasioned 
 by non-compliance with such notice. (Doe d. Rankin v. 
 Brindley, 4 B. & Ad. 84 ; Doe d. Baker v. Jones, 5 Exch. 
 498; Woodfall. L. & T., 15th edit. 344.) 
 
 As to the evidence the vendor is bound to adduce when 
 he is unable to produce the last rent receipt, see Ringer to 
 Thompson, W. N. (1881) 133 ; ibid. (1882) 21. 
 
 Having regard to sect. 14 of the Conveyancing Act, 
 1881, it seems probable that a vendor of a forfeited lease 
 which is capable of being remedied under that section 
 could enforce specific performance with compensation for 
 the amount of the damages to be awarded under the same 
 section. (See Wilmott v. Barber, 15 Ch. D. 96.) 
 
 In addition to the receipt for rent, the purchaser should 
 call for the production of the receipts for the last payments 
 for all rates, taxes, and other outgoings. 
 
 A general covenant by a lessee to pay " all rates, taxes, 
 
 c2
 
 1 
 
 28 NOTES AND OBSERVATIONS 
 
 and assessments payable for or in respect of the demised 
 premises" includes parliamentary as well as parochial 
 charges, and, therefore, the land tax, as well as the sewers 
 rate, both of which, in the absence of an agreement to pay 
 the same, the tenant is allowed to deduct from his rent. 
 Besides these, the same form of covenant will include the 
 ordinary parochial rates, such as the poor rate, general dis- 
 trict rate, the county or highway rate, and the lighting rate 
 (if any). 
 
 Poor rate. — This is a rate levied by the churchwardens 
 and overseers of the poor for the relief of the poor of the 
 parish, upon the occupiers of all lands, houses, tithes, 
 coal mines, or saleable underwoods in the parish, as well 
 as upon the owners of rights of shooting, fowling, and 
 fishing, or taking or killing game or rabbits when severed 
 from the occupation of the land, and also upon the owners 
 of all mines. (See the Poor Eelief Act, 1601 (43 Eliz. c. 2), 
 as extended by 37 & 38 Vict. c. 54.) 
 
 The rate is raised prospectively in advance for some 
 fixed portion of the year, usually six months, calculated at 
 so much in the pound upon the assessed value of the pro- 
 perty, according to the exigencies of the parish's estimated 
 expenditure for the year. 
 
 Tho poor rate is not a charge on the land, but a personal 
 charge in respect of the land, and therefore is charged 
 upon the occupier. 
 
 Unoccupied premises are not chargeable for the poor 
 rate so long as they remain empty, the rate commencing 
 only from the entry of a new tenant. Incoming and out- 
 going tenants pay the rate in proportion to the length of 
 time they respectively occupy the premises. (See the Poor 
 Eelief Act, 1743 (17 Geo. 2, c. 38), s. 12.) 
 
 It would seem that, by tho Agricultural Rates Act, 1896 
 {59 & 60 Vict. c. 10), the occupier of agricultural land will 
 be liable during the period specified by the Act (namely,
 
 ON GENERAL REQUISITIONS ON TITLE. 20 
 
 five years from the 31st March, 1897) to pay one-half as 
 much of the poor and other rates to which the Act relates 
 as the occupier of buildings (see sects. 1 and 9). 
 
 Agricultural land is defined by the Act to mean any land 
 used as arable, meadow or pasture ground only, cottage- 
 gardens exceeding one-quarter of an acre, market- gardens, 
 nursery grounds, orchards, or allotments, but does not 
 include land occupied, together with a house, as a park, 
 gardens, pleasure-grounds, or land kept for sport or re- 
 creation, or land used as a race-course. (See sect. 9.) 
 As to the question whether land covered with glass for 
 horticultural purposes does or does not come under the 
 exemption, but is to be treated as buildings, see Purser v. 
 The Local Board of Health for Worthing, 56 L. T. Eep. 447 ; 
 18 Q. B. Div. 818; and Smith and others v. Richmond, 103 
 Law Times, 342. 
 
 General district rate. — This is a rate levied upon the 
 occupiers of land and other property situate within the 
 district of a local sanitary authority, whether urban or 
 rural, upon the same principle as the poor rate, in order to 
 provide the expenses of preparing the roads and highways, 
 and for other sanitary purposes, such as the water supply 
 and sewerage of the district. (See the Public Health Act, 
 1875 (38 & 39 Vict. c. 55), s. 216.) By sect. 211 of the 
 Act, district rates are assessed upon the occupier of all 
 kinds of property for the time being assessable for the 
 poor rate upon the full annual value thereof, except in 
 the case of arable or pasture ground, market gardens, or 
 nursery grounds, which are assessed in the proportion of 
 one-fourth part only of the net annual value. 
 
 The rate, as regards unoccupied houses, is regulated by 
 sect. 211, sub-s. (2), of the Act of 1875, which provides as 
 follows: — "If at the time of making any general district 
 rate any premises in respect of which the rate is made are 
 unoccupied, such premises shall be included in the rate,
 
 30 NOTES AND OBSERVATIONS 
 
 but the rate shall not be charged on any person in respect 
 of the same while they continue to be unoccupied " 
 
 Incoming and outgoing tenants pay in proportion to the 
 length of time they have respectively occupied the pre- 
 mises. (Sect. 211, sub-s. (3).) 
 
 Where the rateable value of the premises does not exceed 
 101. per annum, the owner may be rated instead of the 
 occupier. 
 
 By the above-mentioned Agricultural Eates Act, 1896, 
 the occupier of agricultural land pays only one-half as 
 much of these rates as the occupier of buildings in the 
 same district. 
 
 Private improvement rate. — By the Public Health Act, 
 1875, a rate under this name may be levied on the occu- 
 piers of property within the district of any urban or rural 
 sanitary authority, in respect of certain expenses incurred 
 by such authority in making "private improvements" 
 within the meaning of the Act upon such property. (See 
 sects. 213 and 232.) Such rate is payable by the occupier, 
 who, however, may deduct three-fourths, or such propor- 
 tion of three-fourths of the rate paid by him as his rent 
 bears to the rack rent, from the rent paid to his landlord, 
 unless there be some special stipulation in his lease to the 
 contrary. (See sects. 214 and 226.) 
 
 Highway rates. — These are somewhat similar in their 
 incidence to the general district rate, and are governed by 
 the General Highway Act (5 & 6 Will. 4, c. 50). They are 
 levied by the surveyor of highways, and collected in the 
 same way as the poor rate. The following are the prin- 
 cipal Acts relating to the rate, viz., the Highway Act, 1862 
 (25 & 26 Vict. c. 61), as amended by 27 & 28 Vict. c. 101, 
 and 45 & 46 Yict. c. 27 ; the last mentioned of which pro- 
 vides for the assessment of the owner of small tenements 
 in the place of the occupier. (See sects. 3 and 4.)
 
 ON GENERAL REQUISITIONS ON TITLE. 31 
 
 In certain districts under the control of the urban autho- 
 rities, a separate highway rate for providing for the cost of 
 repairing the highways within the district may, in certain 
 cases, be levied and charged upon the owners and occupiers 
 of property situate therein. (See sect. 216 of the Public 
 Health Act, 1875.) 
 
 Metropolis local management rate. — A general rate under 
 this name is levied by the overseers of the poor within the 
 metropolitan area to meet the general expenses of the 
 vestry. The objects to which the rate is applied include 
 roads, paving, local loans, wages, dusting, watering, &c, 
 as well as the expenses of collection. This rate also 
 includes the lighting rate and sewers rate (which are kept 
 distinct from the general rate). For these several rates 
 and expenses the local authorities are directly responsible 
 (see 18 & 19 Vict. c. 120, s. 161) ; but in addition to these 
 the general rate includes the London School Board rate, 
 which, of course, is controlled by the School Board. 
 
 Lighting rate. — In certain districts rates are made under 
 this name under the Lighting and Watching Act, 1833 
 (3 & 4 Will. 4, c. 90), or under local Acts, to meet the 
 expenses of paving, watching, and lighting the roads and 
 streets in the district. 
 
 This rate falls upon the occupier. 
 
 In those districts where the Public Health Acts or the 
 Local Government Acts are in force, the above-mentioned 
 Act of 3 & 4 Will. 4, c. 90, when adopted, is superseded by 
 the former Acts. Since it is provided by sect. 33 of the 
 Lighting Act that the occupier of land shall pay only one- 
 third of the rate in the pound payable in respect of build- 
 ings, the Agricultural Eates Act, 1896 (59 & 60 Vict. c. 16), 
 would not apply to a bghting rate made under the former 
 Act. (See sect. 1 (2) (a).)
 
 32 NOTES AND OBSERVATIONS 
 
 Wafer rate. — This is always payable by the tenant or 
 occupier, as he has the sole use and enjoyment of the 
 water. But by the General Waterworks Clauses Act, 1847 
 (10 & 11 Vict. c. 17), s. 72, the owners of dwelling-houses, 
 the annual value of which do not exceed 10/., are made 
 liable for the water rate. 
 
 Counhj rates. — These are regulated by the County Rates 
 Act, 1852 (15 & 16 Vict. c. 81), as amended by 21 & 22 
 Vict. c. 33. The rate is in the nature of a parochial rate, 
 and is payable by the tenant or occupier. The rate seems 
 to be payable in respect of unoccupied houses. (See Reg. 
 v. Parish of Hammersmith, 31 L. J. Q. B. 3 ; 7 W. B. 524 ; 
 and see the Agricultural Bates Act, 1896 (59 & 60 Vict. 
 c. 16), as to agricultural land.) 
 
 Metropolitan gas rate. — This is regulated by the Metro- 
 polis Gas Act, 1860 (23 & 24 Vict. c. 125), amended by 
 24 & 25 Vict. c. 79. (See also the Gasworks Clauses Act, 
 1847 (10 Vict. c. 15), ss. 16 and 39, and the Gasworks 
 Clauses Act, 1871 (34 & 35 Vict. c. 41), s. 11.) 
 
 The first-mentioned Act provides that the gas companies 
 supplying gas within the metropolitan area (exclusive of 
 certain of the suburbs) shall be compelled to provide suffi- 
 cient supply pipes, and to furnish a sufficient supply of 
 gas, whenever required so to do by any owner or occupier 
 of any premises situate within the district. For this supply 
 the companies are authorized to charge a meter rent or 
 rate. (See sect. 14.) The gas company cannot require an 
 incoming tenant to pay arrears of rates left unpaid by the 
 outgoing tenant, unless the former has agreed with the 
 latter to pay them : notwithstanding this, the company is 
 compelled to supply the incoming tenant with sufficient 
 gas on his requiring them to do so. (See sect. 39 of the 
 Act of 1860.) 
 
 Of the assessed taxes, it is only necessary to notice here 
 the property tax and the inhabited house duty.
 
 ON GENERAL REQUISITIONS ON TITLE. 33 
 
 Property tax. — This is a tax, first imposed by the Income 
 Tax Act, 1842 (5 & 6 Vict. c. 35), on the occupier for the 
 time being of all lands, tenements, hereditaments, and 
 heritages in Great Britain, at a rate which varies from 
 time to time, according to the exigencies of the Imperial 
 expenditure. Under the Taxes Management Act, 1880 
 (43 & 44 Vict. c. 82), the tax is made payable on or before 
 the first of January in every year, in respect of the year 
 ending on the fifth of April following. 
 
 The tax is charged under Schedules (A.) and (B.) to the 
 above-mentioned Act (5 & 6 Vict. c. 35), as regulated by 
 the rules thereto. 
 
 The nature of the properties affected, and the amount of 
 the rate imposed under the two schedules are not identical. 
 Thus, schedule (A.) extends to all lands, tenements, and 
 hereditaments capable of actual occupation of whatever 
 nature and for whatever purpose occupied or enjoyed 
 (including tithes, tithe rent-charge, manors, fines, quarries, 
 mines, works, fishings, &c), and the rate charged was 
 originally fixed at Id. in the pound on the annual value of 
 the property, less the amount authorized to be deducted 
 for repairs, &c. Schedule (B.), on the other hand, is con- 
 fined to all properties authorized to be charged under 
 schedule (A.), except dwelling-houses, offices not forming 
 part of a farm, and warehouses or other buildings occupied 
 for the purposes of carrying on trades or professions; 
 while the rate charged was fixed at 3Jd. in the pound. 
 The duties chargeable under schedule (B.) are in addition 
 to those under schedule (A.). 
 
 Although the property tax under schedule (A.) is a 
 tenant's tax, as between himself and the public, yet the 
 tenant paying the tax is in all cases entitled to deduct so 
 much thereof as represents the tax, at the rate for the 
 time being chargeable on the rent he pays to his land- 
 lord, out of the first payment of rent after the tax became 
 due. (See 5 & 6 Vict. c. 35, s. 60 ; schedule (A.), No. 4, 
 
 c5
 
 34 NOTES AND OBSERVATIONS 
 
 rule 9.) In this connection it is important to notice that 
 the tenant is not allowed to make any deduction from the 
 rent until he has actually paid the amount of the tax due ; 
 and if he omit to deduct the tax from the next payment of 
 rent he cannot afterwards recover the amount so omitted 
 to be deducted as money paid to the use of the landlord. 
 ( Cumming v. Bedlorough, 15 M. & "W. 438 ; Denby v. Moore, 
 1 B. & A. 123 ; Spencer v. Parry, 3 A. & E. 331.) How- 
 ever the tenant may deduct the tax from subsequent pay- 
 ments of rent during the current year of the tenancy or 
 other the period during which the rent was accruing 
 due. (See the Eevenue (No. 1) Act, 1864 (27 Vict. c. 18, 
 s. 15).) 
 
 It is provided by the Income Tax Act, 1853(16 & 17 
 Vict. c. 34), s. 35, that if an outgoing tenant neglects or 
 refuses to pay the tax chargeable for the period of his 
 or her occupancy under schedule (A.), the incoming tenant 
 is rendered liable to the tax in arrear, but can on paying 
 his rent deduct the amount of the arrears so paid in 
 addition to the tax accruing during the period of his 
 tenancy. 
 
 The deductions for repairs authorized by statute in 
 respect of property charged under schedule (A.) are, on 
 land, one-eighth of the full annual value, and on houses 
 one -sixth. 
 
 The property tax payable under schedule (B.) is a charge 
 upon and is payable by the occupier (who is defined for 
 the purposes of the Act as " every person having the use 
 . of any lands or tenements ") for the time being. It is in 
 the nature of a tax upon the capital expended, and the 
 personal skill and industry employed upon farming, market 
 gardening and other rural industries. 
 
 On a change of occupation, the outgoing tenant is liable 
 for all arrears of the tax due at the time of his quitting, in 
 respect of such portion of the year as has elapsed from the 
 last assessment.
 
 ON GENERAL REQUISITIONS ON TITLE. 35 
 
 Inhabited house duty. — This forms one of the assessed 
 taxes, and is regulated by the House Tax Act, 1851 (14 & 
 15 Vict. c. 36). 
 
 The duty has been imposed in the place of the ancient 
 window tax, and is assessed upon the annual value of 
 every inhabited dwelling-house, which, with the offices, 
 yard, and garden, is of the annual rental value of twenty 
 pounds and upwards. 
 
 Where the dwelling-house is occupied partly as a shop 
 or warehouse, or as a public-house for the sale of wines or 
 beer, or as a farmhouse, the duty is charged at 6d. in the 
 pound, otherwise at 9cl. The duty is not payable in 
 respect of premises occupied as market gardens or nursery 
 grounds. 
 
 8. To ivhom is the ground rent now payable f 
 Please supply full names and addresses. 
 
 The object here, of course, is to find out to whom the 
 rent is payable, in order to provide for its future payment, 
 as in most cases the vendor will retain the last rent receipt 
 in his custody. The name and address of the ground 
 lessor, or of his solicitor, will also be required where there 
 is a covenant in the lease to register al assignments 
 thereof. 
 
 9. Are the premises insured in accordance ivith the 
 covenant in the lease ? Please give full particulars of 
 the policy. Will the vendor hold the same in trust for 
 the purchaser until completion upon the latter paying a 
 proportionate part of the current premium ? 
 
 It is of even more importance to obtain accurate in- 
 formation as to the insurance of leasehold premises, where 
 as a rule the tenant is under a covenant to insure, than in
 
 36 NOTES AND OBSERVATIONS 
 
 the case of freeholds. For not only are the premises 
 standing at the purchaser's risk, from the date of the 
 contract, so that he has been held compelled to complete 
 his purchase notwithstanding that the house was burnt 
 down after the date of the contract, but he was even com- 
 pelled to complete although the vendor had allowed the 
 fire policy to lapse after the date of the contract without 
 giving the purchaser notice of the fact. (See Paine v. 
 Miller, 6 Ves. 349 ; and Poole v. Shergold, 2 Bro. C. C. 
 118.) 
 
 The object of the latter part of the requisition is to 
 obtain from the vendor a declaration that he will hold the 
 policy moneys in trust for the purchaser. For it has been 
 held that a contract for the sale of a house does not pass 
 to the purchaser, in the absence of express terms, the 
 right to a sum paid to the vendor on account of damage 
 by fire occurring between the date of the contract and the 
 completion of the purchase, under an insurance effected by 
 the vendor before the contract. (Rayner v. Preston, 18 
 Ch. D. 1 ; and see Castellain v. Preston, 11 Q. B. D. 380.) 
 However, it is conceivable that if a declaration were 
 obtained from the vendor to hold the policy in trust for 
 the purchaser, the purchaser could either compel the vendor 
 to hand over to him the moneys received from the fire 
 company, or claim an abatement from the purchase-money 
 to the same amount ; but the point does not seem to have 
 come up for judicial decision. 
 
 10. Is the vendor aware of any breach of any of the 
 covenants contained in the lease ? 
 
 The subject of breach of covenant and the remedies now 
 provided by statute against forfeiture in certain cases, have 
 been dealt with in a former chapter. (See supra, pp. 1 h 
 and 1G.)
 
 ON GENERAL REQUISITIONS ON TITLE. 37 
 
 In this connection it is important to bear in mind the 
 provisions of sect. 3, snb-ss. 4, 5, of the Conveyancing 
 Act, 1881, as follows: — that where land sold is held by- 
 lease or underlease, on production of the receipt for the 
 last payment due for rent under the lease or underlease 
 before the date of actual completion of the purchase, the 
 purchaser shall assume, unless the contrary appears, that 
 all the covenants and provisions of the lease or underlease 
 have been duly performed or observed up to the actual 
 completion of the purchase. 
 
 11. Have any sanitary or other notices been received 
 from any public, local, or other authority in respect of 
 the premises, and ivhich remain uncomplied with ? 
 
 This inquiry is more particularly directed to those 
 notices served upon the owner or occupier of premises 
 which require the abatement of nuisances arising on such 
 premises. (See the Public Health Acts, 1875 and 1891.) 
 
 The expenses of complying with the notice fall in the 
 first place on the owner, who can, however, recover them 
 from his tenant (the occupier), where the latter has 
 rendered himself liable by entering into the usual cove- 
 nant to pay all rates, &c, charges or impositions, whether 
 parliamentary, parochial, or otherwise, and whether charged 
 on the premises, or upon the lessor or lessee, in respect 
 thereof, as well as the general repairing covenant. (See 
 Smith v. Robinson, (1893) 2 Q. B. 53; also Tidsivell v. 
 Whitworth, 15 L. T. Eep. 574, as to what form of covenant 
 will render the tenant liable.) The liability of the lessee 
 under such a covenant attaches, by reason of the provisions 
 of the Public Health Acts that nothing therein contained 
 shall affect any contract between any owner or occupier of 
 any premises, whereby the occupier agrees to pay or dis- 
 charge all rates, dues, and sums of money payable in
 
 38 NOTES AND OBSERVATIONS 
 
 respect of such premises, or shall affect any contract 
 whatsoever between landlord or tenant. (See the Public 
 Health Act, 1875 (38 & 39 Vict. c. 55), s. 104, and the 
 Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), 
 s. 121 (b).) 
 
 Section 2 of the last-mentioned Act defines the term 
 " nuisance," to which the remedies provided by the Act 
 are directed. It has been decided that the nuisance may 
 be a nuisance or injurious merely to the health of the 
 occupier of the premises, to come within the definition 
 given in the Act. (See Smith v. Robinson, supra.) 
 
 12. It is assumed that all the abstracted deeds and 
 documents will be handed over on completion ; or 
 
 12a. To whom will the muniments of title be 
 handed on completion, if not to the purchaser ? Who 
 will give the usual statutory acknoivledgment and under- 
 taking. 
 
 The form of this inquiry will necessarily depend upon 
 the facts disclosed by the abstract ; from a perusal of 
 which one can, as a rule, determine whether the whole or 
 a part only of the deeds will be retained by the vendor or 
 handed over to the purchaser. It is usual, however, to 
 make a requisition on the subject, to prevent any mis- 
 understanding. The subject of the retention and custody 
 of title deeds has already been dealt with in a previous 
 chapter. (See supra, pp. 8 and 9.) 
 
 13. It is assumed that vacant possession will be 
 given on completion. 
 
 It is just as well to make some such inquiry as this, 
 although there may be no mention of any tenancy, either
 
 ON GENERAL REQUISITIONS ON TITLE. 39 
 
 in the particulars of sale or in the abstract, as a tenant 
 might conceivably be in possession under a verbal or 
 written agreement unknown to the vendor, as where the 
 latter has himself parted with possession by underlease. 
 
 In the absence of general words in the conditions or 
 contract that the property is sold subject to all tenancies, 
 it would seem probable thet a purchaser, discovering 
 aliunde the existence of a tenancy, might refuse to com- 
 plete until such tenancy had been put an end to, or might 
 possibly be entitled to claim compensation in respect 
 thereof.
 
 40 NOTES AND OBSERVATIONS 
 
 Chapter V. 
 
 REQUISITIONS AS TO DESCRIPTION AND IDENTITY. 
 
 1. Some evidence should he given that the dimensions 
 given in the particulars of sale are correct. 
 
 It is of importance that the property should he correctly 
 described, as, in certain cases, misdescription will entitle a 
 purchaser to claim compensation, while in others he will 
 he entitled to. rescind the contract. In this respect, the 
 terms of the contract, as contained in the conditions or 
 agreement for sale, are material. Thus, there may he the 
 usual term to the effect that " the property is believed to 
 he correctly described, but if any error shall be found 
 therein, the same shall not annul the sale, nor shall any 
 compensation be allowed in respect thereof." It has been 
 held, however, that this condition will cover slight errors 
 of description only (Whittemore v. Whittemore, L. E. 8 
 Eq. 603), and those only of the nature of patent defects, 
 such as errors of quantity. (See Prid. Conv., 15th edit. 24.) 
 A similar interpretation has been put upon such qualify- 
 ing terms as "thereabouts," "more or less," or "by 
 estimation." 
 
 The conditions may, on the other hand, be to the effect 
 that " if any error should be discovered, either in the 
 particulars or conditions of sale, the same should not annul 
 the sale, but that compensation should be allowed in respect 
 thereof." 
 
 In either case a substantial error in description will 
 entitle the purchaser to compensation ; as where a farm
 
 ON GENERAL REQUISITIONS ON TITLE. 41 
 
 was described as containing " by estimation 349 acres or 
 thereabouts, be the same more or less," and the quantity 
 fell short by some 110 acres, the purchaser was held 
 entitled to compensation. (Portman v. Mill, 2 Euss. 570 ; 
 see also Terry and Whites Contract, 32 Ch. D. 14.) 
 
 If, however, the purchaser were aware, at the time he 
 entered into the contract, of the actual state of the property, 
 he will not be entitled to compensation, notwithstanding 
 there is a material misdescription. (See Dyer v. Hargrave, 
 10 Ves. 505 ; Far ehr other v. Gibson, 1 D. & J. 602; Prid. 
 Conv. 29.) But the fact that the purchaser could have 
 discovered the mistake will not necessarily deprive him of 
 compensation, as where the purchaser was the tenant of 
 the property which was described as 46 feet in depth, 
 when it was only in fact 33 feet, it was held that occupiers 
 were not in the habit of measuring their premises. 
 {King v. Wilson, 6 Beav. 124.) 
 
 But no compensation will be allowed to a purchaser 
 where the defect is a patent one, that is, one which is 
 visible and obvious. (See Fry on Sp. Perf., 3rd edit. 
 556.) 
 
 The above-mentioned conditions as to misdescriptions 
 would not extend to a case where the error was wilful or 
 fraudulent {Duke of Norfolk v. Worthy, 1 Camp. 337), and 
 the purchaser would be entitled to rescind the contract. 
 
 Again, even an unintentional error will render the sale 
 void, notwithstanding such a clause in the conditions as is 
 mentioned above, if no calculation can be made as to the 
 amount of compensation which should be allowed or paid 
 to the purchaser. ( White v. Cuddon, 8 C. & F. 766 ; and 
 see Chitty on Contracts, 13th edit. 320.) 
 
 So, where the misdescription is in a material and sub- 
 stantial point, and is calculated to mislead the purchaser 
 (see Terry and White's Contract, 32 Ch. D. 14 ; Bey f us 
 and Master's Contract, 39 Ch. D. 110), or so far affects the 
 subject-matter of the contract that it would be reasonable
 
 42 NOTES AND OBSERVATIONS 
 
 to suppose that, but for such misdescription, the purchaser 
 would never have entered into the contract. {Flight v. 
 Booth, 1 Bing. N. C. 377.) In either of the last-mentioned 
 cases the purchaser is entitled to rescind the contract, and 
 is not bound to claim compensation. (See Chitty on Con- 
 tracts, 13th edit. 321.) 
 
 It will be seen from the foregoing that such a requisi- 
 tion as the one under notice should always be made where 
 there is any doubt as to the absolute accuracy of description 
 of the property. 
 
 2. The purchaser requires a tracing of the plan 
 
 attached to the abstracted deed of the , showing the 
 
 dimensions and boundaries of the property. 
 
 The vendor is, in the absence of a stipulation to the 
 contrary, bound to furnish the purchaser with tracings of 
 all maps or plans attached to the title deeds, as in their 
 absence the abstract is not a complete one, and the 
 purchaser should insist upon having these supplied before 
 completing his purchase. 
 
 3. Has the vendor any evidence in his possession of 
 the identity of the parcels described in the abstracted deed 
 
 of the with those described in the earlier deed of the 
 
 ? If not, ivho could make a statutory declaration 
 
 as to the fact if desired ? 
 
 It is usual to insert in the conditions of sale a clause to 
 the effect that the purchaser shall not require any other 
 evidence of the identity of the property as described in the 
 particulars with that described in the abstracted deeds 
 than what is afforded by a comparison of such descriptions, 
 while to this is sometimes added a clause to the effect that 
 the purchaser shall, if he require it, be entitled to have a
 
 ON GENERAL REQUISITIONS ON TITLE. 43 
 
 statutory declaration, at his own expense, that the property 
 has been held consistently with the title shown during the 
 last 20 years, or as the case may be. 
 
 In the absence of such a clause, the purchaser should 
 require some further evidence of identity, where the descrip- 
 tion has been altered, or where the deeds do not sufficiently 
 describe the parcels. Such evidence may be obtained 
 from old leases, parish assessments, receipts for rent, maps 
 or estate plans, and sometimes from declarations of persons 
 well acquainted with the property, such as present or 
 former occupiers. 
 
 Under an open contract such evidence of identity must 
 be supplied at the expense of the vendor. (See Prid. 
 Conv., loth edit. 23.) 
 
 Where there is a clause in the contract such as the one 
 in question, if the parcels as described in the different 
 documents differ amongst themselves, and also from the 
 description given in the particulars, a purchaser is not 
 obliged to complete his purchase, but is not entitled to 
 further proof of identity, as the clause is interpreted to 
 mean that the deeds shall show identity, and if they do not 
 a good title is not made out. {Curling v. Austin, 2 D. & 
 Sm. 129, 135 ; but see Flower v. Hartropp, 6 Beav. 476.) 
 
 4. Has the vendor any evidence of the change of 
 number and name of the premises, and [or] of the road 
 or street adjoining ? When and under ivhat circum- 
 stances was the change effected? 
 
 Since the number or name of a house situate in a certain 
 road or street is often the only description given in the 
 parcels, it is often of considerable importance to ascertain 
 when, and under what circumstances, the change was 
 made, in order to properly identify the property. 
 
 Where the change was effected by order of the Metro-
 
 44 NOTES AND OBSERVATIONS 
 
 politan Board of "Works or the London County Council, a 
 certified copy of the order should he ohtained from the 
 vestry or local authority, and kept with the title deeds, as 
 such copy is the hest evidence of the facts relating to such 
 change. (See 25 & 26 Vict. c. 102, s. 87 ; and 51 & 52 
 Vict. c. 41 (Local Government Act, 1888), s. 40.) 
 
 The vendor, in answer to such an inquiry as the one 
 under notice, will prohahly refer the purchaser to the 
 vestry authorities, and refuse to supply any evidence him- 
 self ; hut it is conceivable that a purchaser under an open 
 contract could insist upon the vendor complying with his 
 request, as he is hound to give satisfactory evidence of the 
 identity of the parcels. (See Prid. Conv., 15th edit. 23.) 
 
 5. Hoio is it proposed to show that the property 
 forms part of the larger estate comprised in the abstracted 
 deed of the ? 
 
 6. The dimensions given in the particulars of sale 
 do not agree with those given in the plan to the abstracted 
 
 deed of the ; which are correct? If the former [or 
 
 latter, as the case may be~\, compensation should be 
 alloioed to the purchaser in respect thereof. 
 
 These "two requisitions are mere variations of those as 
 to the dimensions and identity of the property already 
 noticed, and do not seem to call for separate comment.
 
 ON GENERAL REQUISITIONS ON TITLE. 45 
 
 Chapter VI. 
 
 MISCELLANEOUS REQUISITIONS. 
 
 1. Are there any chief or quit rents or other inci- 
 dents of tenure affecting the property, and not disclosed 
 by the abstract ? 
 
 This is an appropriate inquiry where the property forms 
 part of the lands belonging to an ancient manor, although 
 itself of freehold tenure; or, again, when the property 
 is situate in certain parts of the country where the land, 
 though freehold, is held in perpetuity at a rent. 
 
 The rent payable by the freeholder of a manor is termed 
 a chief or quit rent, the tenant being quit of all other 
 services. (St. Com., 10th edit., Vol. I. 680.) 
 
 The rent payable by a tenant in fee is termed a fee farm 
 rent, or sometimes a quit rent, and is generally small in 
 amount. 
 
 Under the Conveyancing Act, 1881, the owner of lands 
 in respect of which any quit rent, chief rent, or other 
 annual sum is payable is empowered to redeem such rent. 
 (See sect. 45.) 
 
 2. Are there any outstanding rights to the mines 
 or minerals (if any) lying under the property ? If so, 
 how are they to be got rid of? 
 
 By the general rule of law, the owner of the surface 
 of land is also owner of all mines and minerals there-
 
 46 NOTES AND OBSERVATIONS 
 
 under (the legal maxim reading, " Cujus est solum, ejus est 
 usque ad caelum, et ad inferos") A conveyance of the 
 land therefore, without mention of the minerals, will pass 
 the latter to the grantee, unless there has been a reserva- 
 tion, either express or implied, of them in the grantor. 
 Such reservation may he express, as where there is a 
 clause in a lease or conveyance of the land, reserving the 
 minerals to the lessor or vendor; or the mines and 
 minerals may have been assigned separately from the 
 land. The reservation may be implied, as where copyhold 
 land has been enfranchised under the Copyhold Act, 
 1894, when the mines and minerals remain the property of 
 the lord of the manor. (See s. 23.) It would seem to be 
 otherwise when the enfranchisement does not take effect 
 under the Copyhold Act. (See Prid. Conv., 15th edit. 
 
 371 (*•).) 
 
 Again, in the case of a compulsory sale to a railway 
 company under the Act of 8 & 9 Vict. c. 20, s. 77, the 
 mines are excepted. 
 
 It has been held that where property was sold as free- 
 hold, and there was no exception or reservation of the 
 minerals, either in the particulars or the conditions, and 
 the property was subsecpaently discovered to be enfran- 
 chised copyholds, the purchaser was entitled to rescind 
 the contract, and was not bound to accept compensation. 
 [Upperton v. Nicholson, L. R. 6 Ch. 436.) 
 
 A purchaser has been held entitled to compensation 
 where the land was subject to a reservation of mining and 
 other rights, whether there was or was not a special con- 
 dition making misdescriptions the subject of compensation, 
 unless the Court is reasonably satisfied that there is no 
 subject-matter upon which such rights can take effect, or 
 that all legal right to exercise them has ceased. (See 
 Seaman v. Vawdrey, 16 Ves. 390; Martin v. Cotter, 3 Jo. 
 & Lat. 496; Lyddall v. Weston, 2 Atk. 19; also Powell v. 
 Smithson, 20 L. T. 105 ; Prid. Conv., 15th edit. 26.)
 
 ON GENERAL REQUISITIONS ON TITLE. 47 
 
 3. Is the property subject to any outstanding claim 
 for dower ? 
 
 The widow's right to dower is now, since the passing of 
 the Dower Act, 1833 (3 & 4 Will. 4, c. 105), a matter of 
 comparatively slight importance. Still, if nothing has 
 been done by the husband in his lifetime, or he does not 
 by his will bar or extinguish her right, the widow's claim 
 will still hold good as against the heir-at-law. 
 
 The right would probably be barred if not enforced 
 within twelve years of the death of the husband, under 
 the Eeal Property Limitation Act, 1833 (3 & 4 Will. 4, 
 c. 27). 
 
 4. Evidence should be supplied that the mortgage 
 
 created by the conditional surrender of the has been 
 
 discharged, and satisfaction duly entered up. 
 
 The mortgage of copyholds being usually created by a 
 conditional surrender, without the admittance of the mort- 
 gagee, on the repayment of the mortgage money it is 
 usual for the mortgagee to give to the steward a warrant 
 to vacate the surrender. Hence it sometimes becomes 
 necessary to make the requisition in question, in order to 
 ascertain whether this has been done. 
 
 In addition to this inquiry, the purchaser should search 
 the court rolls of the manor for incumbrances, &c. 
 
 5. Evidence should be given that all succession, 
 estate, and settlement estate duties payable on the death 
 of have been fully satisfied. 
 
 The incidence of succession duty on real property, in- 
 cluding leaseholds, as well as estate duty, is now in a large 
 measure regulated and controlled by the Finance Act, 1894 
 (57 & 58 Vict. c. 30).
 
 48 NOTES AND OBSERVATIONS 
 
 Thus, by sect. 18 (1), succession duty is now payable on 
 the "principal value " of the property, and not, as hereto- 
 fore, upon the life interest value of the successor. 
 
 The duty attaches to all the property of which the 
 testator was " competent to dispose " within the meaning 
 of the Act. (Sect. 22 (2) (a) and (b).) It is a charge on 
 the property, and is payable by the same instalments as 
 the estate duty under the Act, viz., by eight yearly, or 
 sixteen half-yearly, instalments, the first instalment being 
 payable at the expiration of one year after the date on 
 which the successor becomes entitled in possession to his 
 succession, or to the receipt of the rents and profits. 
 (Sect. 18 (1).) 
 
 The succession duty is charged at the old rates, without 
 the additional duties imposed by the Customs and Inland 
 Eevenue Act, 1888 (51 & 52 Vict. c. 8), s. 21. 
 
 "Where the total aggregate net value of the estate upon 
 which estate duty is payable does not exceed 1,0007., no 
 succession duty is now payable. (See sect. 16 (3).) 
 
 The one per cent, succession duty formerly payable by 
 lineal descendants or ancestors is now no longer payable. 
 (See the First Schedule to the Act.) 
 
 The estate duty, as well as the settlement estate duty, is 
 now an additional burden upon land. Thus, by sect. 1 of 
 the Finance Act, 1894, the estate duty chargeable there- 
 under is expressed to be levied and paid upon the prin- 
 cipal value of "all property, real or personal, settled or not 
 settled, which passes on the death" of every person dying 
 after the commencement of the Act. 
 
 Again, by sect. 5 (a), a further estate duty, called settle- 
 ment estate duty, is to be levied on the principal value of 
 all property settled by the will of the deceased, or which 
 having been settled by some other disposition, passes 
 under that disposition on the death of the deceased to 
 some person not competent to dispose of the property. 
 The claim for estate duty, as well as for succession duty.
 
 ON GENERAL REQUISITIONS ON TITLE. 49 
 
 will be defeated, as against a purchaser for valuable con- 
 sideration, or a mortgagee, if six years have expired either 
 From tlif date of notice being given to the commissioners of 
 the fact that the successor has become entitled in possession 
 to his succession, or from the date of the first payment of 
 any instalment of such duty ; or, in the absence of any 
 such notice or payment, if twelve years have expired from 
 the date when the succession fell in. (See sects. 12 — 14 of 
 the Customs and Inland Eevenue Act, 1889 (52 & 53 Vict. 
 c. 7), as incorporated by the Finance Act, 1894, s. 8 (2).) 
 The last-mentioned Act further provides that nothing 
 therein shall render liable to or accountable for duty a 
 bond fide purchaser for valuable consideration without 
 notice. (Sect. 8 (18) ; and see sect. 9 (1).) Having regard 
 to sect. 3 of the Conveyancing Act, 1882 (45 & 46 Yict. 
 c. 39), which provides for the necessity of a purchaser 
 making reasonable inquiries, it would seem clear that the \ 
 words " without notice " in the above sub-section must be 
 held to mean without notice of the death giving rise to the 
 claim for duty, for notice of the death should put the pur- 
 chaser upon inquiry as to the duty. 
 
 The Act further provides that the Commissioners, on 
 being satisfied that the full estate duty has been or will be 
 paid in respect of an estate or any part thereof, shall, if 
 required by the person accounting for the duty, give a 
 certificate to that effect, which shall discharge from any 
 further claim for estate duty the property shown by the 
 certificate to form the estate or part thereof, as the case 
 may be. (Sect. 11 (1).) Again, where after the lapse of 
 two years from the death of the deceased the person 
 accountable for the estate duty delivers to the commis- 
 sioners a full statement on oath of all property passing on 
 the death and the several persons entitled thereto, the 
 commissioners may determine the rate of the estate duty 
 in respect of which the applicant is accountable, and on 
 payment of the duty at that rate that property and the 
 
 D. D
 
 50 NOTES AND OBSEEVATIONS 
 
 applicant shall be discharged from any further claim for 
 estate duty, and the commissioners shall give a certificate 
 of such discharge. (Sect. 11 (2).) 
 
 It is further provided that neither of the above certifi- 
 cates shall be a discharge of the property, if obtained by 
 fraud or failure to disclose material facts, except in the 
 case of a bond fide purchaser for valuable consideration 
 without notice of the fraud or non-disclosure. (Sect. 11 (3) 
 and (4).) 
 
 The best evidence of payment is the stamped receipt of 
 the Commissioners of Inland Revenue. 
 
 6. Are there any covenants or restrictions as to 
 building upon or user of the property and not disclosed 
 by the abstract ? 
 
 The covenants to which this inquiry is directed are those 
 to which certain lands, usually forming part of building 
 estates, are liable, and which regulate the nature and 
 value of the buildings to be built thereon, the fences or 
 walls to be erected, as well as such matters as the digging 
 or carting away of sand or gravel, which affect the user of 
 the land. 
 
 Such restrictive covenants are either intended to prevent 
 a purchaser from depreciating other adjoining land retained 
 by the vendor, or to regulate and control the use of a large 
 estate sold in lots for building purposes. In the former 
 case the covenants are entered into directly with the vendor, 
 and would be probably set out in the purchase deed ; in 
 the latter the covenants would be in the nature of mutual 
 covenants between all the purchasers of the various lots, 
 and are usually contained in some general deed of covenant 
 relating to the whole estate to be executed by each pur- 
 chaser as he completes. (See Whatman v. Gibson, 9 Sim. 
 196; Prid. Conv., 15th edit. 203.)
 
 ON GENERAL REQUISITIONS ON TITLE. 51 
 
 The burden of a covenant entered into by the owner of 
 real estate cannot, except as between landlord and tenant, 
 or where the covenant is in fact the grant of an easement, 
 be made to run with the land, so as to bind an assign of 
 the covenantor. (See Austerbury v. Corporation of Oldham, 
 29 C. D. 750; also Prid. Conv., 15th edit. 192.) But such 
 a covenant will be enforceable in equity when of the nature 
 of a negative or restrictive covenant ; but not when it 
 involves the doing of some positive act necessitating the 
 expenditure of money, as a covenant to build, to insure, or 
 repair. (See Haywood v. Brunswick, Sfc. Company, 8 (J. B. 
 D. 403 ; London and South Western Railway Company v. 
 Gomm, 20 Ch. D. 586.) It has been decided in Knight v. 
 Simmonds (74 L. T. Rep. 561), that restrictive covenants 
 to preserve that character of land will not be enforced if 
 the object originally contemplated will not thereby be 
 attained. (And see Peek v. Matthews, 16 L. T. Eep. 199 ; 
 L. E. 3 Eq. 515.) 
 
 The fact that the property is subject to restrictive cove- 
 nants should be stated in the conditions of sale or contract, 
 otherwise, in the absence of notice, a purchaser would not 
 be bound to observe the covenants (see Keppell v. Bailey, 
 2 My. & K. 517 ; Tulk v. Moxhay, 2 Ph. 774) ; but a pur- 
 chaser who has not investigated the title, when a proper 
 investigation would have disclosed the restrictive covenants, 
 cannot protect himself on the ground of want of notice. 
 (See Wilson v. Hart, L. E. 1 Ch. 463 ; Nicoll v. Penning, 
 19 Ch. D. 258 ; Prid. Conv., 15th edit. 193.) On the other 
 hand, if the purchaser discover aliunde that the property is 
 subject to restrictive covenants, this would be a good 
 ground for a rescission of the contract. (See Phillips v. 
 Caldcleugh, 4 Q. B. 159 ; Cato v. Thompson, 9 Q. B. D. 616 ; 
 Higgins and Hitchmaii's Contract, 21 Ch. D. 95; and Not- 
 tingham Patent Brick and Tile Company v. Butler, 15 Q. B. 
 D. 261 ; 16 Q. B. D. 778.) 
 
 d 2
 
 52 NOTES AND OBSERVATIONS 
 
 It has been held that where a public body having com- 
 pulsory powers of purchasing land, such as a school board 
 or railway company, purchases property subject to restric- 
 tive covenants, they can disregard such covenants, whether 
 they have bought under their compulsory powers or not. 
 {Kirby v. The School Board of Harrogate, 100 L. T. 337.) 
 
 7. Is the property let ? If so, please supply full 
 particulars of the tenancies ; if held under written agree- 
 ments, an abstract or copies thereof should be supplied. 
 
 The particulars of sale should accurately specify the 
 terms of the tenancies affecting the property, and where 
 the tenants hold under written agreements copies or 
 abstracts thereof should be supplied before the abstract 
 can be said to be complete. 
 
 If any misdescription should be made in this respect the 
 purchaser would be entitled to compensation; as where the 
 particulars of sale mentioned that the premises were let at 
 a rental of 30^. per annum, but it was afterwards discovered 
 that all rates and taxes were by agreement payable by the 
 landlord. {Bos v. Helsham, L. E. 2 Exch. 72 ; and see 
 Barnes v. Wood, L. R. 8 Eq. 424.) 
 
 8. Has any notice to quit been served upon or by 
 the tenant in respect of the premises ? If so, at what 
 time does such notice expire ? 
 
 Where the premises are let, it is important to ascertain 
 whether a notice to quit has been served upon the tenant 
 or been received from him, and, if so, when such notice 
 expires, as, if the notice is in proper form, it puts an end 
 to the tenancy at its expiration. 
 
 Notices to quit would seem to fall into four classes,
 
 ON GENERAL REQUISITIONS ON TITLE. 53 
 
 namely : — (1) Where there is an express stipulation in the 
 lease or tenancy agreement providing for notice to be given 
 to put an end to the tenancy ; (2) where there is a local 
 custom regulating the subject ; (3) where the notice must 
 comply with the rules of the common law, as in the case 
 -of a yearly tenancy ; (4) when provision is made by statute, 
 as in a tenancy under the Agricultural Holdings Act, 1883. 
 (See Woodfall, L. & T., 15th edit. 358 ; and sect. 33 of 
 the Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 6).) 
 
 In the first case, the notice must comply strictly with the 
 terms stipulated for in the contract. In this connection it 
 would seem that where the word " month" is used, it would 
 mean " lunar" month, unless the word "calendar" is added. 
 (See Rogers v. The Kingston-upon-Hull Dock Co., 34 L. J. 
 Ch. 165.) 
 
 Where a local custom applies, the notice must comply 
 with such custom, which is deemed to form part of the 
 contract in the absence of an express stipulation to the 
 contrary. (Woodfall, L. & T. supra.') 
 
 In the case of a yearly tenancy (whether the rent be 
 reserved half-yearly or quarterly), the usual notice is a 
 half-year's notice expiring at the end of the first or some 
 subsequent year of the tenancy. 
 
 The notice to be given under the Agricultural Holdings 
 Act, 1883, is a yearly one expiring with any year of the 
 tenancy, unless there is a stipulation to the contrary. (See 
 Wilkinson v. Calvert, 3 C. P. D. 360.) 
 
 9. Evidence should be given that the terms of the 
 tenancy are in accordance with the covenants contained 
 in the head lease, and that all necessary consents have 
 been duly obtained. 
 
 Where a copy or abstract of the underlease or tenancy 
 agreement is supplied, of course no further evidence would
 
 54 NOTES AND OBSERVATIONS 
 
 be required, as the point in question could be determined 
 by a comparison of the covenants in the lease and under- 
 lease, or agreement respectively, otherwise some such 
 inquiry as the one under notice should be made in order 
 to prevent the purchaser becoming a party to any breach 
 of covenant contained in the head lease, and also to enable 
 him, if need be, to insist upon the breach, if any, being 
 remedied before he completes. 
 
 It is also necessary to ascertain whether all necessary 
 consents had been obtained prior to the creation of the 
 tenancy. 
 
 10. Does the lease under which the property is held 
 include other property? If so, the purchaser must object 
 to complete until there has been a legal apportionment of 
 the rents at the vendor's expense. 
 
 The fact that the land sold forms part of a larger estate 
 held under one lease should be stated in the particulars, 
 otherwise the purchaser would be entitled to object to the 
 title on the ground that he would be liable to eviction 
 under the condition for re-entry in respect of breaches of 
 covenant committed on the other property. (See Walter v. 
 Maunde, 1 J. & W. 181 ; Pattison v. Long, 6 Beav. 590; 
 Camberwell and South London Building Society v. Holloivay, 
 13 Ch. D. 754; Prid. Conv., 15th edit. 17.) If, however, 
 there had been a legal apportionment of the rents by the 
 lessor, the objection would not hold good, as the latter 
 would conceivably be confined to his remedies in respect of 
 the apportioned parts only.
 
 ON GENERAL REQUISITIONS ON TITLE. 55 
 
 11. Evidence should be given that the terms of the 
 
 lease granted by as the mortgagor in possession are 
 
 in accordance with the statutory conditions. 
 
 A mortgagor in possession is empowered by statute (sub- 
 ject to any further or other powers he may possess under 
 the terms of the mortgage deed), to make either an agri- 
 cultural or occupation lease, or a building lease of the 
 mortgaged property ; the former for any term not exceed- 
 ing twenty-one years, and the latter for a term not 
 exceeding ninety-nine years. (Conveyancing Act, 1881, 
 s. 18, sub-ss. 1, 2, 3.) But while so doing, the mortgagor 
 must have regard to the conditions imposed by the above- 
 mentioned section. Thus, in the recent case of Rentier v. 
 Tolley (68 L. T. Eep. 815), where a building lease was 
 granted by a mortgagor in possession, in consideration of 
 the lessee having built certain houses, and the rent reserved 
 was 6/. per house, but evidence was given that the land, 
 with the buildings as they stood at the date of the lease, 
 was worth a rent of at least 81. per house ; it was held that 
 the lease was void as against the mortgagee, the rent not 
 being the best reasonably obtainable within the meaning 
 of sub-s. 6 of the section in question. 
 
 Therefore, where a purchaser discovers, either from a 
 perusal of the abstract or otherwise, that the fee was in 
 mortgage at the time of the granting of the lease, he 
 should make some such inquiry as the one under notice, 
 and it does not seem that there is any statutory condition 
 relieving a vendor from answering such a requisition. It 
 would probably be otherwise if the inquiry were directed 
 to whether, at the date of the lease, the fee was in mort- 
 gage ; and if so, whether the lessor was empowered to 
 grant the lease, and complied with the necessary conditions. 
 (See the Vendor and Purchaser Act, 1874, s. 2, rule 1, and 
 the Conv. Act, 1881, s. 3 (4).)
 
 56 NOTES AND OBSERVATIONS 
 
 12. The abstracted deed of the appears to be 
 
 insufficiently stamped. This must be remedied before 
 completion. 
 
 The conditions generally provide that the purchaser 
 shall bear the expense of stamping any deed or document 
 dated prior to the 16th May, 1888, which may be un- 
 stamped or insufficiently stamped. The reason for thus 
 limiting the period during which the vendor can call upon 
 the purchaser to remedy defects in stamping is, that by 
 sect. 117 of the Stamp Act, 1891 (54 & 55 Vict. c. 39), it is 
 provided that " every condition of sale framed with a view 
 of precluding objection or requisition upon the ground of 
 absence or insufficiency of stamp upon any instrument 
 executed after the 16th May, 1888, and every contract, 
 arrangement, or undertaking for assuming the liability on 
 account of absence or insufficiency of stamp upon any such 
 instrument, or indemnifying against such liability, absence, 
 or insufficiency, shall be void." 
 
 Again, it is provided by sect. 15, sub-s. 2 (c), of the 
 same Act, with reference to instruments chargeable with 
 ad valorem duty, that " if any such instrument executed 
 after the 16th May, 1888, has not been, or is not, duly 
 stamped in conformity with the foregoing provisions of 
 this sub-section, the person in that behalf, hereinafter 
 specified, shall incur a fine of ten pounds, and in addition 
 to the penalty payable on stamping the instrument, there 
 shall be paid a further penalty equivalent to the stamp 
 duty thereon, unless a reasonable excuse for the delay in 
 stamping, or the omission to stamp, or the insufficiency of 
 stamp, be afforded to the satisfaction of the commissioners, 
 or of the court, judge, arbitrator, or referee, before whom 
 it is produced." 
 
 The instruments referred to in the above sub-section 
 include a conveyance on sale, lease, mortgage, bond, and 
 settlement, while the person liable to the penalty is tho
 
 ON GENEEAL REQUISITIONS ON TITLE. 57 
 
 vendee, transferee, lessee, mortgagee, obligee, and the 
 settlor respectively. 
 
 13. The abstracted deed [or will] of the , does 
 
 not appear to hare been registered in the Middlesex [or 
 Yorkshire] registry ; this must be done before completion. 
 
 Where the property lies in either of the counties of 
 Middlesex or Yorkshire, where registration of deeds is 
 necessary, the purchaser should insist upon having all 
 deeds and wills forming part of the title registered, unless 
 he is precluded from so doing by the terms of the condi- 
 tions or contract. These sometimes stipulate either that 
 the vendor shall not be required to register any deed or 
 document not already registered, or that the purchaser 
 shall not make any requisition or objection on the ground 
 that any such deed is not duly registered. In either case 
 the only remedy the purchaser has is to register the deed 
 himself. 
 
 The subject of registration in Middlesex is regulated by 
 the statutes 7 Anne, c. 20 (The Middlesex Registry Act, 
 1708) ; 37 & 38 Yict. c. 78, and the Land Eegistry (Middle- 
 sex Deeds) Act, 1891 (54 & 55 Vict. c. 64); and in York- 
 shire by the Yorkshire Eegistries Act, 1884 (47 & 48 Vict, 
 c. 54), as amended by the 48 Vict. c. 19, and the 48 & 49 
 Vict. c. 26. 
 
 The effect of the Acts is that all deeds, conveyances or 
 devises which shall affect land of freehold tenure situate in 
 either of the above-mentioned counties (exclusive of leases 
 at rack rent, or for twenty-one years, or under, where the 
 actual possession goes along with them), shall be fraudu- 
 lent and void against a subsequent purchaser or mortgagee 
 unless a memorial thereof shall have been registered in the 
 manner mentioned by the Acts. 
 
 D 5
 
 58 NOTES AND OBSERVATIONS 
 
 14. Have any improvements been made by any of 
 the tenants under the Agricultural Holdings (England} 
 Act, 1883, and which remain uncompensated for •? 
 
 This would be an appropriate inquiry where the subject- 
 matter of the purchase consists of agricultural land. 
 
 Thus it is provided by sect. 1 of the Agricultural Hold- 
 ings (England) Act, 1883 (46 & 47 Vict, c. 61), that, 
 "subject as in the Act mentioned, where a tenant has 
 made on his holding any improvement comprised in the 
 First Schedule hereto, he shall on and after the commence- 
 ment of this Act be entitled, on quitting his holding on the 
 determination of a tenancy, to obtain from the landlord, as 
 compensation under this Act for such improvement, such 
 sum as fairly represents the value of the improvement to 
 an incoming tenant." 
 
 The following are some of the principal improvements 
 specified in the schedule to the above Act : — the erection 
 and enlargement of buildings ; laying down of permanent 
 pasture ; making of water meadows or works of irrigation, 
 or gardens ; making and improving of roads or bridges, 
 watercourses, ponds, wells, or reservoirs ; planting of hops, 
 orchards, or fruit trees. 
 
 15. Are there any judgments, executions, lites pcn- 
 dentes, creditors 1 deeds, annuities, bankruptcies, incum- 
 brances, easements, or other defects of title known to the 
 vendor and not disclosed by the abstract Y 
 
 The vendor will probably object to answer such a reqxiisi- 
 tion as this, or will only do so out of courtesy, relying .on 
 the decision in the well-known case of Re Ford and Hill 
 (•40 L. T. Eep. 41 ; 10 Ch. I). 365), where it was held that 
 neither a vendor nor his solicitor is bound to answer any 
 part of such a requisition on the ground that it is a search-
 
 ON GENERAL REQUISITIONS ON TITLE. 59 
 
 ing interrogatory made for the purpose of negativing the 
 existence of incumbrances. 
 
 Notwithstanding a negative reply on the vendor's behalf 
 to such a requisition as the one in question, a purchaser 
 should still make the usual searches at the Central Office, 
 the Land Eegistry in Lincoln's Inn Fields, and, where the 
 land is situate in a register county, in the local registries, 
 and possibly in the Bankruptcy Court, where there is any 
 doubt as to the vendor's pecuniary position. 
 
 The usual search in the Central Office is for judgments, 
 crown debts, lis pendens, annuities, and rent-charges and 
 executions. That in the Land Eegistry is for writs and 
 orders affecting land now required to be registered under 
 the Land Charges Eegistration and Searches Act, 1888 
 (51 & 52 Vict. c. 51), and for deeds of arrangement and 
 land charges, i.e., charges affecting land not created by 
 deed, as loans under the Land Drainage Act. 1861. 
 
 16. A copy of the rules of the Building 
 
 Society should be supplied, and evidence should be given 
 
 th a t and , purporting to be trustees thereof, 
 
 were in fact appointed in accordance with the rules, and 
 that the said society teas duly constituted and incorpo- 
 rated. 
 
 Prior to the Building Societies Act, 1874 (37 & 38 Vict, 
 c. 42), all the property of a building society vested in the 
 trustees thereof, and every assignment or transfer of the 
 society's property, therefore, had to be made in the names 
 of the trustees for the time being of the society. 
 
 The appointment of new trustees was regulated by the 
 rules of the society ; hence on purchasing property which 
 had at any time been vested in a building society, it was 
 formerly necessary to ascertain that the trustees had been 
 properly appointed in accordance with the rules of the 
 society.
 
 60 NOTES AND OBSERVATIONS. 
 
 By the above-mentioned Act it was provided that every 
 society then subsisting, or thereafter to be established, 
 should be incorporated under a registered name and have 
 perpetual succession. (See sect. 9.) This provision has 
 virtually done away with the office of trustee, and societies 
 now contract in their corporate name, and the requisition 
 in question is not, therefore, appropriate, except as regards 
 transactions with societies taking place before the passing 
 of the Act of 1874. And as to these latter transactions it 
 is usual when framing conditions of sale to insert a con- 
 dition to the effect that the purchaser shall be precluded 
 from making any requisition, objection, or inquiry in 
 reference to the appointment of the trustees or the consti- 
 tution of the society.
 
 ( 61 ) 
 
 Part II. 
 
 PRECEDENTS OF GENERAL REQUISITIONS 
 ON TITLE. 
 
 Form I. 
 Requisitions as to Freehold Land. 
 
 1. Is there any land tax, sewers rate, tithe 
 or tithe rentcharge payable in respect of the 
 property ? If redeemed, the certificate of re- 
 demption should be produced and handed over 
 on completion. 
 
 2. Have all the roads and footpaths abutting 
 on the property been taken to by the parish 
 or other local or public authority? Evidence 
 should be furnished that all charges (if any) 
 for making, repairing, and draining the same 
 have been fully satisfied. 
 
 3. Are there any rights of way, water, or 
 other easement affecting the property, and not 
 disclosed by the abstract or particulars ? 
 
 4. It is assunred-that all the abstracted deeds
 
 62 PRECEDENTS OF 
 
 and documents will be handed over to the 
 purchaser on completion. 
 
 5. All outgoings up to the date of comple- 
 tion must be paid by the vendor, and the last 
 receipts for the same produced. If need be, 
 the current outgoings must be apportioned as 
 between vendor and purchaser. 
 
 6. The purchaser reserves the right to make 
 further requisitions, if need be, on the replies 
 to the above. 
 
 Form II. 
 Requisitions as to Freehold Ground Bents. 
 
 1, 2. (.As in Form I., supra.) 
 
 3. Are there any rights of way, water, light, 
 or other easement affecting the property, and 
 not disclosed by the abstract or particulars ? 
 
 4, 5. (As in Form I., supra.) 
 
 6. Which of the boundary walls to the 
 premises are party walls ? 
 
 7. Evidence should be given that the pre- 
 mises are insured by the lessee in accordance 
 with the covenant in the lease, and the last 
 premium paid. 
 
 8. Is the vendor aware of any breach by the
 
 GENERAL REQUISITIONS ON TITLE. 63 
 
 lessee of any of the covenants contained in the 
 lease ? If so, what steps (if any) have been 
 taken to remedy the same ? 
 
 9. Have any parochial or other notices 
 under the Public Health Acts or otherwise, 
 been served upon the vendor, or the tenant, or 
 property, and which have not been complied 
 with ? 
 
 10. The purchaser reserves the right to make 
 further requisitions, if need be. 
 
 Form III. 
 Requisitions as to Copyholds. 
 
 1, 2. (As in Form I., supra.) 
 
 3. Are there any rights of way, water, light, 
 or other easements, quit rents, and other in- 
 cidents of tenure affecting the property ? 
 
 4. Which (if any) of the muniments of title 
 will be handed over to the purchaser on com- 
 pletion ? If any are retained by the vendor, 
 he must give the usual statutory acknowledg- 
 ment and undertaking ; or 
 
 4 a. It is assumed that all the muniments of 
 title will be handed over to the purchaser on 
 completion.
 
 64 PRECEDENTS OF 
 
 5. (As in Form I.) 
 
 6. Which (if any) of the boundary walls and 
 fences are party walls or fences ? 
 
 7. Are the premises fully insured? If so, 
 please supply full particulars. Will the vendor 
 hold the policy in trust for the purchaser until 
 completion, upon the latter paying a propor- 
 tionate part of the current premium ? 
 
 8. Full particulars should be given of the 
 customs obtaining in the manor relating to 
 descent, freebench, fines, heriots, and other 
 customary services (if any). 
 
 9. Are there any arrears of quit rent, or any 
 other payments, fines or services, &c, which 
 remain unpaid or uncomplied with, and which 
 might occasion a forfeiture? if so, they must 
 be discharged or complied with before com- 
 pletion. 
 
 10. Evidence should be given that the neces- 
 sary licence from the lord of the manor to the 
 
 granting of the abstracted lease of the 
 
 was duly obtained, or, if not required, evidence 
 of the custom dispensing therewith should be 
 supplied.
 
 GENERAL REQUISITIONS ON TITLE. 65 
 
 Form IV. 
 Requisitions as to Leaseholds. 
 
 1, 2. (As in Form I., supra, p. 61.) 
 
 3. Are there any rights of way, water, light, 
 or other easement affecting the property, and 
 not disclosed by the abstract or particulars of 
 sale ? 
 
 4. Which of the walls or fences to the pro- 
 perty are party walls or fences ? 
 
 5. Have any notices to repair been served, or 
 any claim in respect of repairs been made by 
 the superior landlord as to the premises, or the 
 party walls, sewers or drains thereto, and which 
 remain uncomplied with or unsatisfied ? 
 
 6. When were the premises last painted, both 
 inside and outside ? 
 
 7. All outgoings must be paid and (if need 
 be) apportioned up to completion, and the last 
 receipts for ground rent, rates, taxes, and other 
 outgoings produced on completion. 
 
 8. To whom is the ground rent now payable ? 
 Please supply full names and addresses. 
 
 9. Are the premises insured in accordance 
 with the covenant in the lease ? Please give 
 full particulars of the policy. Will the vendor 
 hold the same in trust for the purchaser until
 
 66 PEECEDENTS OF 
 
 completion, upon the latter paying a propor- 
 tionate part of the current premium ? 
 
 10. Is the vendor aware of any breach of 
 any of the covenants contained in the lease ? 
 
 11. Have any sanitary or other notices been 
 received from any public, local or other autho- 
 rity in respect of the premises, and which 
 remain uncomplied with ? 
 
 12. It is assumed that all the abstracted 
 deeds and documents will be handed over on 
 completion; or 
 
 12a. To whom will the muniments of title 
 be handed on completion, if not to the pur- 
 chaser? Who will give the usual statutory 
 acknowledgment and undertaking ? 
 
 13. It is assumed that vacant possession will 
 be given on completion. 
 
 Form V. 
 
 Requisitions as to Description and Identity. 
 
 1. Some evidence should be given that the 
 dimensions given in the particulars of sale are 
 correct.
 
 GENERAL REQUISITIONS ON TITLE. 67 
 
 2. The purchaser requires a tracing of the 
 plan attached to the abstracted deed of the 
 
 showing the dimensions and boundaries 
 
 of the property. 
 
 3. Has the vendor any evidence in his pos- 
 session of the identity of the parcels described 
 
 in the abstracted deeds of the with those 
 
 described in the earlier deed of the ? If 
 
 not, who could make a statutory declaration as 
 to the fact, if desired ? 
 
 4. Has the vendor any evidence of the 
 change of number and name of the premises, 
 and [or] of the road or street adjoining? 
 When and under what circumstances was the 
 change effected ? 
 
 5. How is it proposed to show that the 
 property forms part of the larger estate com- 
 prised in the abstracted deed of the ? 
 
 6. The dimensions given in the particulars 
 of sale do not agree with those given in the 
 
 plan to the abstracted deed of the ; which 
 
 are correct ? If the former [or latter, as the 
 case may be], compensation should be allowed 
 to the purchaser in respect thereof.
 
 68 PRECEDENTS OF 
 
 Form VI. 
 
 Miscellaneous Requisitions . 
 
 1. Are there any chief or quit rents or other 
 incidents of tenure affecting the property and 
 not disclosed by the abstract ? 
 
 2. Are there any outstanding rights to the 
 mines or minerals (if any) lying under the 
 property ? If so, how are they to be got 
 rid of ?. 
 
 3. Is the property subject to any outstanding 
 claim for dower ? 
 
 4. Evidence should be supplied that the 
 mortgage created by the conditional surrender 
 of the has been discharged, and satisfac- 
 tion duly entered up. 
 
 5. Evidence should be given that all succes- 
 sion, estate and settlement estate duties payable 
 on the death of have been fully satisfied. 
 
 6. Are there any covenants or restrictions as 
 to building upon or user of the property, and 
 not disclosed by the abstract ? 
 
 7. Is the property let ? If so, please supply 
 full particulars of the tenancies ; and if held 
 under written agreements, an abstract or copies 
 thereof should be supplied. 
 
 8. Has any notice to quit been served upon
 
 GENERAL REQUISITIONS ON TITLE. 69 
 
 or by the tenant in respect of the premises ? 
 If so, at what time does such notice expire ? 
 
 9. Evidence should be given that the terms 
 of the tenancy are in accordance with the 
 covenants contained in the lease, and that all 
 necessary consents have been duly obtained. 
 
 10. Does the lease under which the property 
 is held include other property ? If so, the 
 purchaser must object to complete until there 
 has been a legal apportionment of the rents, at 
 the vendor's expense. 
 
 11. Evidence should be given that the terms 
 
 of the lease granted by as the mortgagor 
 
 in possession are in accordance with the statu- 
 tory conditions. 
 
 12. The abstracted deed of the — — appears 
 to be insufficiently stamped. This must be 
 remedied before completion. 
 
 13. The abstracted deed [or will] of the 
 
 does not appear to have been registered 
 
 in the Middlesex [or Yorkshire] registry. This 
 must be done before completion. 
 
 14. Have any improvements been made by 
 any of the tenants under the Agricultural 
 Holdings (England) Act, 1883, and which, 
 remain uncompensated for ? 
 
 15. Are there any judgments, executions, 
 lites pendentes, creditors' deeds, annuities, bank-
 
 70 PRECEDENTS. 
 
 ruptcies, incumbrances, easements, or other 
 defects of title known to the vendor, and not 
 disclosed by the abstract ? 
 
 16. A copy of the rules of the Build- 
 ing Society should be supplied, and evidence 
 should be given that and -, purport- 
 ing to be trustees thereof, were in fact ap- 
 pointed in accordance with the rules, and that 
 the said society was duly constituted and 
 incorporated.
 
 INDEX. 
 
 ABSTRACT OF TITLE, 
 
 should include tenancy agreements, 39, 52. 
 identity of parcels in deeds in, 42. 
 
 ACKNOWLEDGMENT, 
 
 of right to production of title deeds, requisition as to, 38, 66. 
 vendor retaining deeds must give, 9. 
 purchaser of lot of largest value must give, 9. 
 trustees give, but not undertaking, 9. 
 vendor can transfer benefit of, 9. 
 
 ADMISSION TO COPYHOLDS, 
 fines on, 19 — 21. 
 
 of tenant for life and remainderman, 20. 
 of trustees, 20. 
 
 AGREEMENT FOR SALE, 
 should show identity, 43. 
 as to misdescriptions, 40. 
 as to stamping, 56. 
 as to easements, 7. 
 
 AGRICULTURAL HOLDINGS ACT. See Statutes. 
 
 AGRICULTURAL LAND, 
 
 requisition as to compensation for improvements to, 58, 69. 
 one half of local rates payable in respect of, 29, 30. 
 definition of, as respects local rates, 29. 
 
 AGRICULTURAL RATES ACT, 1896. See Statutes. 
 
 ASSESSED TAXES, 
 
 include Queen's taxes, 32.
 
 -^ 
 
 72 INDEX. 
 
 BOUND AEIES, 
 
 requisition as to, 42, 67. 
 
 BEEACH OF COVENANT, 
 
 requisitions as to, 14, 36, 62, 66. 
 
 waiver of, by lessor, 27. 
 
 when forfeiture occasioned by, 15, 16. 
 
 remedies now provided by statute for, 15, 16. 
 
 as between lessor and under lessee, 15. 
 
 remedy for, for non-payment of rent, 16. 
 
 as affects an underlessee, 16. 
 
 for assigning without consent, 16. 
 
 BUILDING SOCIETY, 
 requisition as to, 59, 70. 
 property of, formerly vested in trustees, 59. 
 
 BUEDENS, 
 
 requisitions directed to discover, 1, 10. 
 when apportionable, 10. 
 
 CHANGE OF DESCEIPTION. See Description. 
 CHIEF EENT. See Quit Bent. 
 
 COMMUTATION, 
 
 of tithe rent-charge, 4. 
 
 COMPENSATION, 
 
 when purchaser entitled to, 40, 41. 
 
 for improvements to agricultural land, 58. 
 
 CONDITIONS OF SALE, 
 as to custody of deeds, 8. 
 as to identity, 42. 
 as to misdescriptions, 40. 
 as to stamping, 56. 
 as to easements, 7. 
 
 should specif j" land sold subject to restrictive covenants, 51. 
 as to property mortgaged to building society, 60. 
 
 CONTBACT. See Agreement for Sale. 
 
 CONVEYANCING ACT. See Statutes.
 
 INDEX. 73 
 
 COPY, 
 
 of tenancy agreements should be furnished, 53. 
 of deeds retained by vendor, 9. 
 
 COPYHOLDS, 
 
 requisitions as to, 18 — 23, 63, 64. 
 customs peculiar to, 18. 
 
 freebench, 19. 
 
 curtesy, 19. 
 
 heriots, 19. 
 
 fines, 19—21. 
 enfranchisement of, 21. 
 
 practical steps to obtain, 22. 
 enfranchised, sold as freeholds, compensation for, 46. 
 mortgage of, 20, 47. 
 discharge of mortgage of, 47. 
 lease of, 23. 
 forfeiture of, when occasioned, 22, 23. 
 
 COUNTY RATE, 
 nature of, 32. 
 paid by occupier, 32. 
 
 payable in respect of unoccupied houses, 32. 
 as respects agricultural land, 32. 
 
 COVENANT. See also Restrictive Covenants. 
 to pay all rates, &c, what included in, 2. 
 to repair, 25. 
 
 to permit lessor to enter, 25. 
 to paint, 26. 
 
 to render lessee Hable for nuisances, form of, 17, 37 
 remedies for breach of, 15, 16. 
 
 forfeiture on breach of, as between lessor and underlessee, 
 15. 
 
 CURTESY. See Copyholds. 
 
 CUSTODY OE DEEDS, 
 
 purchaser of largest lot in value entitled to, 9. 
 
 CUSTOM. See Copyholds. 
 
 CUSTOM AND INLAND REVENUE ACTS. See Statutes. 
 
 D. E
 
 74 INDEX. 
 
 DECLARATION, 
 
 as to identity, 42. 
 
 of trust, as to fire policy, 36. 
 
 DEEDS. See Title-Deeds. 
 
 DESCRIPTION. See also Misdescription. 
 
 what errors of, covered by qualifying words, 40 — 42. 
 
 conditions of sale as to, 40. 
 
 change of, requisition as to, 43, 67. 
 • evidence of, 44. 
 DOWER, 
 
 requisition as to, 47, 68. 
 
 when it attaches, 47. 
 
 when barred, 47. 
 
 EASEMENT, 
 
 requisitions as to, 7, 58, 61, 63, 65. 
 
 condition of sale, as to, 7. 
 
 when vendor bound to disclose, 7. 
 
 ENFRANCHISEMENT. See also Copyholds. 
 practical steps for obtaining, 22. 
 retention by lord of manor of mines on, 46. 
 fines and fees payable on, 21. 
 sometimes a term of contract that vendor shall obtain at 
 
 purchaser s expense, 21. 
 may be compulsory or voluntary, 21. 
 
 ESTATE DUTY, 
 
 requisition as to, 47, 68. 
 
 nature of, 48. 
 
 when payable, 48. 
 
 as against purchaser without notice, 49. 
 
 claim to, when defeated by lapse of time, 49. 
 
 EVIDENCE, 
 
 of redemption of land tax, 3. 
 of payment of rent, &c, 27. 
 of identity, 42, 43. 
 
 when purchaser not entitled to further, 43. 
 of surrender of mortgage of copyholds, 47.
 
 INDEX. 75 
 
 FEE FARM RENT, 
 
 issues out of freeholds, nature of, 45. 
 
 FINANCE ACT. See Statutes. 
 
 FINES, 
 
 requisition as to, 18, 64. 
 when payable, 19 — 21. 
 nature of, 19. 
 
 payable on admission of tenant for life and remainderman, 
 
 20. 
 trustees, 20. 
 not a charge on land, 21. 
 how recoverable, 21. 
 how avoided on mortgage of copyholds, 21. 
 
 FIRE INSURANCE. See Insurance. 
 
 FORFEITURE, 
 
 of leases, 14 — 16. 
 
 of copyholds, 22, 23. 
 
 remedies now provided by statute against, 15, 16. 
 
 waiver of, 27. 
 
 FREEHOLDS, 
 
 requisitions as to, 1 — 16, 61 — 64. 
 
 FURTHER REQUISITIONS ON TITLE, 
 requisition as to, 11, 62, 63. 
 
 GAS RATE. See Metropolitan Gas Rate. 
 
 GENERAL DISTRICT RATE, 
 nature of, 29. 
 assessment of, 29. 
 
 not paid in respect of unoccupied premises, 29. 
 reduction of assessed value of market gardens for, 29. 
 as between outgoing and incoming tenants, 30. 
 as respects agricultural land, 30. 
 
 GROUND RENT, 
 
 requisition as to, 35, 65. 
 
 receipt for, should be produced, 27. 
 
 when apportionable, 10. 
 
 e2
 
 76 INDEX. 
 
 HEEIOTS, 
 
 requisition as to, 18, 64. 
 nature of, 19. 
 ■when payable, 19. 
 
 HIGHWAY EATE, 
 nature of, 30. 
 when payable, 30. 
 
 IDENTITY, 
 
 requisitions as to, 42, 67. 
 
 evidence of, 43. 
 
 when purchaser not entitled to further proof of, 43. 
 
 interpretation of usual condition as to, 43. 
 
 IMPROVEMENTS, 
 
 requisition as to compensation for, 58, 69. 
 
 INHABITED HOUSE DUTY, 
 one of the assessed taxes, 32. 
 rates of, 35. 
 how charged, 35. 
 not charged in respect of market gardens, 35. 
 
 INSUEANCE, 
 
 reqiusitions as to, 14, 35, 64, 65. ">^» 
 
 who entitled to moneys paid in respect of, 36. 
 declaration of trust as to, effect of, 36. 
 
 LAND, 
 
 nature of burdens upon, 10. 
 
 LANDLOED, 
 
 requisition as to name and address of, 35, 65. 
 charges upon, 2 — 4, 5, 10. 
 when liable for nuisances, 17, 37. 
 
 rates, 30, 32. 
 must allow tenant to deduct property tax, 33.
 
 INDEX. 77 
 
 LAND TAX, 
 
 requisitions as to, 1, 61. 
 evidence of redemption, 3. 
 nature of, 1. 
 a parliamentary tax, 2. 
 
 LATENT DEFECTS, 
 
 vendor bound to disclose, 7. 
 
 LEASE, 
 
 of copyholds, when requires licence, 23. 
 by mortgagor, not reserving best rent, void, 55. 
 the fact that other property contained in, should be stated, 
 54. 
 
 LEASEHOLDS, 
 
 requisitions as to, 25 — 38, 65, 66. 
 
 LICENCE, 
 
 necessary to lease of copyhold land, 23. 
 
 LIGHTING EATE, 
 nature of, 31. 
 paid by occupier, 31. 
 not affected by Agricultural Eates Act, 1896...31. 
 
 LOED OF MANOE, 
 
 right of, to seize quousque, 23. 
 when entitled to mines, 46. 
 licence of, necessary to lease, 23. 
 
 MANOE, 
 
 customs of, 18. 
 
 freehold land in, usually held at a rent, 45. 
 
 METEOPOLIS LOCAL MANAGEMENT EATE, 
 nature of, 31. 
 
 METEOPOLIS MANAGEMENT ACTS. See Statutes. 
 
 e 3
 
 78 INDEX. 
 
 METROPOLITAN GAS RATE, 
 how regulated, 32. 
 paid by meter, 32. 
 as between outgoing and incoming tenants, 32. 
 
 MIDDLESEX. See Registration. 
 
 MINES, 
 
 requisition as to, 45, 68. 
 pass to purchaser without express words, 46. 
 belong to lord of manor on enfranchisement, 46. 
 when subject of compensation, 46. 
 
 MISDESCRIPTION, 
 
 what entitles purchaser to compensation, 40, 41. 
 
 what to rescission of contract, 42. 
 
 conditions as to, 40. 
 
 wilful, entitles purchaser to rescind, 41. 
 
 MORTGAGE, 
 
 of copyholds, how created, 20, 47. 
 how vacated, 47. 
 requisition as to, 47, 68. 
 
 MUNIMENTS OF TITLE. See Title Deeds. 
 
 NEW STREET, 
 definition of, 6. 
 
 NOTICE. See also Sanitary Notices. 
 
 requisitions as to, by lessor as to repairs, 25, 65. 
 necessity of, before enforcing forfeiture, 16. 
 
 NOTICE TO QUIT, 
 
 requisition as to, 52, 68. 
 nature of, 53. 
 
 NUISANCE, 
 
 definition of, 38. 
 notice to abate, 37. 
 
 OCCUPIER, 
 
 when liable to abate a nuisance under the Public Health 
 
 Acts, 37. 
 when liable for land tax, &c, 2. 
 definition of, for purposes of property tax assessment, 34.
 
 INDEX. 79 
 
 OUTGOINGS, 
 
 requisitions as to, 10, 26, 62, 65. 
 
 •what included in the term, 10, 27. 
 
 when apportionable, 10. 
 
 must be paid by vendor up to completion, 10. 
 
 OWNEE, 
 
 charges upon, 1 — 4, 10. 
 
 when liablo for rates in respect of small properties, 30, 32. 
 
 PAINTING, 
 
 requisition as to, 26, 65. 
 covenant for, 26. 
 
 PAEOCHIAL NOTICES. See Sanitaby Notices. 
 
 PAETICULAES OF SALE, 
 
 error in, as to description, 40. 
 
 should contain accurate description, 40. 
 
 should except minerals, 46. 
 
 should specify tenancies, 52. 
 
 should state when land forms part of larger estate, 54. 
 
 PAETY WALLS, 
 
 requisitions as to, 12, 65. 
 defiuition of, 13. 
 repair of, 13. 
 partition of, 13. 
 
 PATENT DEFECTS, 
 
 vendor not bound to disclose, 7. 
 
 PAVE, 
 
 definition of, in Public Health Acts, 6. 
 
 PENALTY, 
 
 for non-stamping, 56. 
 who liable to, 56. 
 
 PLANS, 
 
 requisition as to, 42, 67. 
 
 copy, on enfranchisement of copyholds, 22. 
 
 should be supplied by vendor, 42.
 
 80 INDEX. 
 
 POLICY OF INSUBANCE. See Insurance. 
 
 POOR EATE, 
 
 nature of, 28. 
 
 a personal charge on occupier, 28. 
 
 not paid on unoccupied premises, 28. 
 
 as between incoming and outgoing tenants, 28. 
 
 as respects agricultural land, 29. 
 
 PRIVATE IMPEOVEMENT EATE, 
 nature of, 30. 
 by whom payable, 30. 
 when tenant can deduct same from rent, 30. 
 
 PEOPEETY TAX. 
 incidence of, 33. 
 
 under Schedules (A) and (B), 33. 
 under Schedule (A), a landlord's tax, 33. 
 under Schedule (B), a tenant's tax, 34. 
 as between incoming and outgoing tenants, 34. 
 
 PUBLIC HEALTH ACTS. See Statutes. 
 
 PUECHASEE, 
 
 when entitled to compensation, 40, 41. 
 
 rescind, 41, 42. 
 of largest lot in value, entitled to title-deeds, 9. 
 without notice of claim to estate duty, protected, 49. 
 when entitled to policy moneys, 36. 
 
 QUIT EENT. See also Eent. 
 
 requisitions as to, 22, 45, 63, 68. 
 nature of, 21, 45. 
 included in outgoings, 10. 
 
 EECEIPTS, 
 
 requisitions as to, 10, 26, 62, 65. 
 
 for ground rent, 27. 
 
 for rate* and taxes, 27. 
 
 when evidence of performance of covenants, 27
 
 INDEX. 81 
 
 REDEMPTION, 
 of land tax, 2. 
 of tithe rentcharge, 4. 
 evidence of, 3. 
 
 REGISTRATION, 
 
 requisition as to, in Middlesex or Yorkshire, 57, 69. 
 
 -when necessary, 57. 
 
 condition of sale, as to, 57. 
 
 usual searches for, of incumhrances, 59. 
 
 of orders, &c, in Land Registry, 59. 
 
 of deeds in Middlesex, 59. 
 
 REMEDY. See Breach of Covenant. 
 
 RENT. See also Ground Rent. 
 different kinds of, 45. 
 
 when reserved in respect of freeholds, 10, 45. 
 receipt for, prima facie evidence of performance of cove- 
 nants, 27. 
 when apportionable, 10. 
 non-payment of, relief against forfeiture for, 16. 
 
 REPAIRS, 
 
 requisition as to, 25, 65. 
 
 notice as to, 25. 
 
 usual covenants by tenant as to, 25. 
 
 of party walls, 13. 
 
 of drains, notice as to, 17. 
 
 REQUISITIONS. See Table of Precedents. 
 
 RESCISSION OF CONTRACT, 
 
 when purchaser entitled to, 41, 42. 
 
 RESTRICTIVE COVENANTS, 
 requisition as to, 50, 68. 
 nature of, 50. 
 
 when binding on assignee, 51. 
 notice as to, 51. 
 
 when purchaser entitled to disregard, 51. 
 should be stated in conditions, 51.
 
 82 INDEX. 
 
 EOADS, 
 
 requisitions as to, 5, 61. 
 
 ■when they become public, 5. 
 
 charges upon, for making up, who liable for, 5. 
 
 paving of, 6. 
 
 expenses of, as between owner and occupier, 6. 
 rates in respect of, 29. 
 
 when purchaser entitled to evidence of payment of charges 
 upon, 7. 
 
 SEAECHES, 
 
 usual for incumbrances, 59. 
 in Central Office, 59. 
 in Land Eegistry, 59. 
 in court rolls of manor, 47. 
 
 SETTLEMENT ESTATE DUTY, 
 requisition as to, 47, 68. 
 nature of, 48. 
 when payable, 48. 
 
 SEWERS EATE, 
 
 requisition as to, 1, 61. 
 
 incidence of, 4. 
 
 when payable by tenant, 4. 
 
 SPORTING, EIGHT OF, 
 
 nature of, 8. 
 
 STAMP ACT, 1891. See Statutes. 
 
 STAMPING, 
 
 requisition as to, 56, 69. 
 
 condition of sale as to, 56. 
 
 when vendor bound to remedy defective,'^. 
 
 penalty for insufficient, 56. 
 
 by whom payable, 56. 
 
 STATUTES, TABLE OF, xi. 
 
 STATUTOEY ACKNOWLEDGMENT, 
 requisition as to, 38, 66. 
 when vendor bound to give, 9. 
 trustees give, but not undertaking, 9.
 
 INDEX. 83 
 
 SUCCESSION DUTY, 
 
 requisition as to, 47, 68. 
 
 incidence of, 47. 
 
 now payable on the principal value of real property, 48. 
 
 rates of, 48. 
 
 not payable by lineal descendant, 48. 
 purchaser without notice of, protected, 48, 49. 
 evidence of payment of, 50. 
 
 SUEEENDEE, 
 
 of mortgage of copyholds, requisition as to, 47, 68. 
 evidence of, 47. 
 
 TENANT, 
 
 charges upon, 1 — 4, 10. 
 when liable for land tax, &c, 2. 
 when entitled to deduct property tax, 33. 
 not now liable for tithe, 5. 
 when Hable to abate a nuisance, 17, 37. 
 of agricultural land, entitled to compensation for improve- 
 ments, 58. 
 
 TITHE. See Tithe Eentchaege. 
 
 TITHE EENTCHAEGE, 
 requisition as to, 1, 61. 
 nature of, 4. 
 
 now a charge upon the owner, 5. 
 how commuted, 4. 
 
 TITLE DEEDS, 
 
 requisitions as to, 8, 38, 61, 63. 
 
 when retained by vendor, 9. 
 
 purchaser of largest lot in value entitled to, 9. 
 
 acknowledgment and undertaking as to, 9. 
 
 trustees retaining, giving acknowledgment only, 9. 
 
 TEUSTEES, 
 
 property of building societies formerly vested in, 59. 
 
 UNDEELESSEE, 
 
 no remedy for breach of covenant by, as against lessor, 15. 
 last receipt for rent evidence of performance of covenants 
 by, 27, 37.
 
 84 INDEX. 
 
 UNDERTAKING, 
 
 requisition as to. 38, 66. 
 
 vendor retaining deeds bound to give, 9. 
 
 trustees not bound to give, 9. 
 
 UNOCCUPIED HOUSE, 
 
 not Liable in respect of poor rate, 28. 
 liable in respect of county rates, 32. 
 
 VACANT POSSESSION, 
 requisition as to, 38, 66. 
 
 VENDOE, 
 
 bound to disclose latent defects, 7. 
 must pay oiitgoings to completion, 10. 
 wben entitled to retain deeds, 9. 
 wben bound to give compensation, 40 — 42. 
 
 VENDOE AND PURCHASES ACT, 1874. See Statutes. 
 
 VESTRY, 
 
 application to, for certificate of cbange of name, 44. 
 
 WATER RATE, 
 
 usually paid by occupier, 32. 
 when paid by owner, 32. 
 
 WAY, RIGHT OF, 
 
 requisition as to, 7, 61 — 65. 
 when ground for compensation, 8. 
 
 YORKSHIRE. See Registration. 
 
 PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE, E.C.
 
 TELEGRAPHIC ADDRESS— Anril IQfll TELEPHONE— 
 "RHODRONS, LONDON." A[II11, 10UI. No. 1386 (HOLBORN). 
 
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 "The most complete store of materials relating to the subject in every par- 
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 AUCTIONEERS.— Hart's Law relatingto Auctioneers.— By Heber 
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 with Introductory Chapters, also the Deeds of Arrangement Acts, 
 1*87 and 1890, with Notes. Fifth Ed. By Aethttb Lawrence, 
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 " Concise, practical, and reliable." — Law Times. 
 Williams' Law and Practice in Bankruptcy.— Comprising the 
 Bankruptcy Acts, 1883 to 1890, the Bankruptcy Rules and Forms, 
 1886, 1890, the Debtors Acts, 1869, 1878, the Bankruptcy (Discharge 
 and Closure) Act, 1887, the Deeds of Arrangement Act, 1887, and 
 the Rules thereunder. By the Right Hon. Sir Roland L. Vaughan 
 Williams, a Lord Justice of Appeal. Seventh Edition. By Edward 
 Wm. Hansell, Esq., Barrister-at-Law. Roy. 8vo. 1898. 30s. 
 
 " The leading text-book on bankruptcy."— Laic Journal. 
 
 BASTARDY.— Bott.— Pwfe "Affiliation." 
 
 BILLS OF EXCHANGE.— Campbell's Ruling Cases. Vol. IV.— 
 Vide "Digests," p. 10. 
 Chalmers' Digest of the Law of Bills of Exchange, Promissory 
 Notes, Cheques and Negotiable Securities. Fifth Edition. 
 By His Honour Judge Chalmers, Draughtsman of the Bills of 
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 Pollock's Bill of Lading Exceptions.— By Heney E. Pollock. 
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 also showing how to ascertain Profits derived from the business ; with 
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 " The most sensible, useful, practical little work on solicitors' book-keeping 
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 BUILDING SOCIETIES.— Wurtzburg on Building Societies.— 
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 the Statutes, Regulations, Act of Sederunt, and Precedents of Rules 
 and Assurances. Third Edition. By E. A. Wuetzbueg, Esq., 
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 " Will be of use not only to lawyers but also to secretaries and directors of 
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 Mews' Digest. — Vide "Digests," p. 11. 
 CHARTER PARTIES,— Carver.— Vide "Carriers." 
 
 Leggett's Treatise on the Law of Charter Parties, — By Eugene 
 Leggett, Solicitor and Notary Public. Demy 8vo. 1894. 2os. 
 
 CHILDREN.— Hall's Law Relating to Children. By W. Clarke 
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 CHURCH LAW. —Whitehead's Church Law.— Being a Concise 
 
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 The Statutes relating to Church and Clergy, with Preface 
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 CIVIL ENGINEERS.— Macassey and Strahan's Law relating to 
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 COLLISIONS. — Marsden's Treatise on the Law of Collisions at 
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 ''Mr. Marsden's book stands without a rival." — Law Quarterly Review. 
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 COMMON LAW.— Chitty's Archbold's Practice. Fourteenth 
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 Esqrs., Barristers-at-Law. 2 vols. Demy 8vo. 1885. (Published 
 at 3^. 13s. 6d.) Reduced to net, 30s. 
 
 Chitty's Forms.— Vide " Forms." 
 
 Elliott's Outlines of Common Law. — Specially prepared for Stu- 
 dents. By Martin Elliott, Esq., Barrister-at-Law. Demy 8vo. 
 1898. 10s. 6d. 
 
 " "Will prove of the greatest assistance to students." — Law Times. 
 
 Mews' Digest, — Vide " Digests," p. 11. 
 
 Pollock and Wright's Possession in the Common Law. — 
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 by R. S. Wright, Esq., Barrister-at-Law. 8vo. 1888. 8s. 6d. 
 
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 Smith's Manual of Common Law. — For Practitioners and Students. 
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 COMPANY LAW.— Hamilton's Manual of Company Law. By 
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 the Author, assisted by Percy Tindal-Robertson, Esq., B.A., 
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 COMPANY LAW— continued. 
 
 Palmer's Company Precedents. — For use in relation to Companies 
 subject to the Companies Acts. 
 
 Part I. COMPANY FORMS. Arranged as follows:— Promoters, 
 Prospectuses, Underwriting, Agreements, Memoranda and Articles 
 of Association, Private Companies, Employes' Benefits, Resolutions, 
 Notices, Certificates, Powers of Attorney, Debentures and Debenture 
 Stock, Banking and Advance Securities, Petitions, "Writs, Pleadings, 
 Judgments and Orders, Reconstruction, Amalgamation, Special Acts. 
 With Copious Notes and an Appendix containing the Acts and Rules. 
 Seventh Edition. By Francis Beaufort Palmer, Esq., Barrister-at- 
 Law, assisted by the Hon. Charles Macnaghten, K.C., and Arthur 
 John Chitty, Esq., Barrister-at-Law. Royal 8vo. 1898. 36s. 
 
 " No company lawyer can afford to be without it." — Law Journal. 
 
 Part II. WINDING-UP FORMS AND PRACTICE. Arranged as 
 follows: — Compulsory Winding-Up, Voluntary Winding-Up,Wind- 
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 By Francis Beaufort Palmer, assisted by Frank Evans, Esqrs., 
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 "Palmer's 'Company Precedents' is the book par excellence for practitioners. 
 There is nothing we can think of which should be within the covers which we do 
 not find." — Law Journal. 
 
 Part III. DEBENTURES AND DEBENTURE STOCK, including 
 Debentures, Trust Deeds, Stock Certificates, Resolutions, Prospectuses, 
 "Writs, Pleadings, Judgments, Orders, Receiverships, Notices, Mis- 
 cellaneous. With Copious Notes. Eighth Edition. By Francis 
 Beaufort Palmer, Esq., Barrister-at-Law. Royal 8vo. 1900. 21s. 
 
 " The result of much careful study Simply invaluable to debenture- 
 holders and to the legal advisers of such investors." — Financial Ni ws. 
 
 " Embraces practically the whole law relating to debentures and debenture 
 stock. . . . Must take front rank among the works on the subject."— Law Times. 
 Palmer's Company Law. — A Practical Handbook for Lawyers and 
 Business Men. With an Appendix containing the Companies Acts, 
 1862 to 1900, and Rules. Third Edition. By Francis Beaufort 
 Palmer, Esq., Barrister-at-Law, Author of "Company Precedents," 
 &c. Royal 8vo. 1901. 12s. 6d. 
 
 " The work is a marvel— for clearness, fulness, and accuracy, nothing could 
 be better." — Law Notes. . . 
 
 " Of especial use to students and business men who need a clear exposition by 
 a master hand." — Law Journal. . 
 
 " The subject is dealt with in a clear and comprehensive manner, and in such 
 a way as to be intelligible not only to lawyers but to others to whom a knowledge 
 of Company Law may be essential." — Law Students' Journal. 
 
 " All the principal topics of company are dealt with in a substantial manner, 
 the arrangement and typography are excellent, and the whole of the Statute 
 Law— an indispensable adjunct— is collected in an appendix. _ Perhaps what 
 
 practising lawyers and business men will value most is the precious 
 quality of practicality."— Law Quarterly Review. 
 
 "Popular in style, also accurate, with sufficient references to authorities to 
 make the book useful to the practitioner."— The Times. 
 
 Palmer's Companies Act, 1900, with Explanatory Notes, and 
 Appendix containing Prescribed and other Foims, together with 
 Addenda to "Company Precedents." Second Edition. By Francis 
 Beaufort Palmer, Esq., Barrister-at-Law. Royal Svo. liiOl. 7s. Gd. 
 "It is essentially a book that all interested in companies or company law 
 should procure." — Law Times. 
 
 " This book will be indispensable in considering the new reqmrements, and 
 how they are to be met." — Solicitors' Journal. 
 
 Palmer's Private Companies and Syndicates, their Formation and 
 Advantages ; being a Concise Popular Statement of the Mode of Con- 
 verting a Business into a Private Company, and of establishing and 
 working Private Companies and Syndicates for Miscellaneous Pur- 
 poses. Sixteenth Edition. By F. B. Palmer, Esq., Barrister-at- 
 Law. 12mo. 1901. Net, Is. 
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 COMPANY LAW -continued. 
 
 Palmer's Shareholders, Directors, and Voluntary Liquidators' 
 Legal Companion. — A Manual of Every-day Law and Practice for 
 Promoters, Shareholders, Directors, Secretaries, Creditors, Solicitors, 
 and Voluntary Liquidators of Companies under the Companies Acts, 
 1862 to 1900, with Appendix of useful Forms. Twentieth Edit. By 
 F. B. Palmee, Esq., Barrister-at-Law. 12mo. 1901. Net, 2s. 6d. 
 
 COMPENSATION.— Cripps' Treatise on the Principles of the 
 
 Law of Compensation, Fourth Edition. By C. A. Cripps, Esq., 
 
 K.C. Royal 8vo. 1900. 1/. 5s. 
 
 " An accurate and complete exposition of the law relating to compensation." 
 
 — Law Journal, June 9, 1900. 
 
 "Mr. Cripps' book is recognized as one of the best. . . . There are few men 
 whose practical knowledge of the subject exceeds that of the learned author."— 
 Law Quarterly Beview, July, 1900. 
 
 COMPOSITION DEEDS.— Lawrance.— ri^ " Bankruptcy." 
 
 CONDITIONS OF SALE.— Webster.— Vide "Vendors and Pur- 
 
 chasers." 
 CONFLICT OF LAWS.— Campbell's Ruling Cases. Vol. V.— Vide 
 
 "Digests," p. 10. 
 Dicey's Digest of the Law of England with reference to the 
 
 Conflict of Laws,— By A. V. Dicey, Esq., K.C, B.C.L. With Notes 
 
 of American Cases, by Professor Mooee. Royal Svo. 1896. 1/. 10.?. 
 " One of the most valuable books on English law which has appeared for 
 
 some time. Thorough and minute in the treatment of the subject, cautious and 
 
 judicial in spirit, this work is obviously the result of protracted labour." — The 
 
 Times. 
 
 CONSTITUTION.— Anson's Law and Custom of the Constitution. 
 By Sir William R. Anson, Bart., Barrister- at- Law. Demy Svo. 
 Part I. Parliament. Third Edition. 1897: 12.5. 6d. 
 
 Part II. The Crown. Second Edition. 1896. 14s. 
 
 CONTRACT OF SALE.— Blackburn.— Vide "Sales." 
 
 Moyle's Contract of Sale in the Civil Law.— By J. B. Moyle, 
 Esq., Barrister-at-Law. 8vo. 1892. 10s. 6d. 
 
 CONTRACTS.— Addison on Contracts. — A Treatise on the Law of 
 Contracts. 9th Edit. By Hoeace Smith, Esq., Bencher of the Inner 
 Temple, Metropolitan Magistrate, assisted by A. P. Peeceval Keep, 
 Esq., Barrister-at-Law. Royal 8vo. 1892. 2/. 10s. 
 
 " This and the companion treatise on the law of torts are the most complete 
 works on these subjects, and form an almost indispensable part of every lawyer's 
 library." — Law Journal. 
 
 Anson's Principles of the English Law of Contract. — By Sir 
 W. R. Anson, Bart., Barrister-at-Law. Ninth Edit. 1899. id*. 6d. 
 
 Fry.— Vide " Specific Performance." 
 
 Leake's Law of Contracts. — A Digest of Principles of the Law of 
 Contracts. Fourth Edition. By A. E. Randall, Esq., Barrister- 
 at-Law. (In preparation,) 
 
 Pollock's Principles of Contract. — Being a Treatise on the General 
 Principles relating to the Validity of Agreements in the Law of 
 England. Sixth Edition. By Sir Feedeeick Pollock, Bart., Bar- 
 rister-at-Law, Author of "The Law of Torts," "Digest of the 
 Law of Partnership," &c. Demy Svo. 1894. 28s. 
 
 "A work which, in our opinion, shows great ability, a discerning intellect, a 
 comprehensive mind, and painstaking industry." — Law Journal. 
 
 CONVEYANCING,— Brickdale & Sheldon.— Vide "Land Transfer." 
 
 Dart. — Vide " Vendors and Purchasers." 
 
 Dickins' Precedents of General Requisitions on Title, with Ex- 
 planatory Notes and Observations. Second Edition. By Heebert 
 A. Dickins, Esq., Solicitor. Royal 12mo. 1898. 5«. 
 
 " We cannot do better than advise every lawyer with a conveyancing practice 
 fa; purchase the little book and place it on his shelves forthwith." — Law Xotcs. 
 
 %* All standard Law Works are kept in Stock, in laiv calf and other bindings.
 
 119 & 120, CHANCERY LANE, LONDON, W.C. 7 
 
 CONVEYANCING— continued. 
 
 Greenwood's Manual of the Practice of Conveyancing, showing 
 the present Practice relating to the daily routine of Conveyancing in 
 Solicitors' Offices. To which are added Concise Common Forms in 
 Conveyancing. — Ninth Edit. Edited by Harry Greenwood, M.A., 
 LL.D., Esq., Barrister- at- Law. Roy. 8vo. 1S97. 205. 
 
 " The ninth edition will maintain the reputation which the work has long ago 
 acquired of being one of the best expositions which the English lawyer possest-es 
 of the present practice relating to the daily routine of conveyancing in solicitors' 
 office"." — Literature. 
 
 " We should like to see it placed by his principal in the hands of every articled 
 clerk. One of the most useful practical works we have ever seen." — Law Stu. Jo. 
 
 Hood and Challis' Conveyancing and Settled Land Acts, and 
 some other recent Acts affecting: Conveyancing. With Commentaries. 
 By H. J. Hood and H. W. Challis. Fifth Edition. By H. W. 
 Challis, assisted by J. I. Stirling, Esqrs., Barristers-at-Law. 
 Royal 8vo. 1898. 18s. 
 
 "That learned, excellent and useful work." — Law Times. 
 
 "This is the best collection of conveyancing statutes with which we are 
 acquainted. . . . The excellence of the commentaries which form part of this 
 book is so well known that it needs no recommendation from us." — Law Journal. 
 
 Jackson and Gosset's Precedents of Purchase and Mortgage 
 Deeds. — By W. Howland Jackson and Thorold Gosset, Esqrs., 
 Barristers-at-Law. Demy Svo. 1899. Is. 6d. 
 
 " Not the least merit of the collection is that each Precedent is complete in 
 itsf-lf , so that no dipping about and adaptation from other parts of the book are 
 necessary." — Law Journal. 
 *** This forms a companion volume to " Investigation of Title" by 
 
 the same Authors, vide p. 17. 
 Palmer. — Vide "Company Law." 
 
 Prideaux's Precedents in Conveyancing — "With Dissertations on 
 its Law and Practice. 18th Edit. By John Whitcombe and 
 Benjamin Lennaed Cheeky, Esqrs., Barristers-at-Law. 2 vols. 
 Royal 8vo. 1900. 3/. 10s. 
 
 " ' Prideaux ' is the best work on Conveyancing." — Law Journal. 
 
 " Accurate, concise, clear, and comprehensive in scope, and we know of no 
 treatise upon Conveyancing which is so generally useful to the practitioner."— 
 Law Times. 
 
 "Recent legislation has compelled the Editor to re-write some of the pre- 
 liminary dissertations. He has evidentlv taken great pains to incorporate the 
 effect of the Land Transfer Act of 1897."— The Times. 
 
 CORONERS.— Jervis on Coroners.— The Coroners Acts, 1887 and 
 1892. With Forms and Precedents. Sixth Edition. By R. E. 
 Melshexmee, Esq., Barrister- at- Law. Post 8vo. 1898. 10s. 6d. 
 
 COSTS. — Johnson's Bills of Costs in the High Court of Justice 
 and Court of Appeal, in the House of Lords and the Privy Council ; 
 with the Scales of Costs and Tables of Fees in use in the Houses of 
 Lords and Commons, relative to Private Bills ; Election Petitions, 
 Parliamentary and Municipal. Inquiries and Arbitrations under the 
 Lands Clauses Consolidation Act, the Light Railway Act and other 
 Arbitrations. Proceedings in the Court of the Railway and Canal 
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 Scales of Costs and Tables of Fees in use in the Court of Passage, 
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 and Notes and Decisions relating thereto. By Horace Maxwell 
 Johnson, Esq., Barrister-at-Law. Second Edition. Royal 8vo. 
 1901. II. Ids. 
 
 "A useful and sufficient guide to the subject." — Law Quarterly Ri riew. 
 
 " It is ditficult to conceive how any costs clerk or solicitor can go wrong with 
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 Summerhays and Toogood's Precedents of Bills of Costs. 
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 Webster's Parliamentary Costs. — Private Bills, Election Petitions, 
 Appeals, House of Lords. Fourth Edition. By C. Cavanagh, Esq., 
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 Barrister-at-Law. 2 vols. 8vo. 11. 5s. 
 
 *%* The Supplement may be had separately, sewed, 2s. &d. 
 
 " Invaluable to the County Court practitioner." — Law Journal. 
 
 COVENANTS,— Hamilton's Concise Treatise on the Law of 
 Covenants. — By G. Baldwin Hamilton, Esq., Barrister-at-Law. 
 Demy 8vo. 1888. 7s. Qd. 
 
 CRIMINAL LAW. — Archbold's Pleading, Evidence and Practice in 
 Criminal Cases. — With the Statutes, Precedents of Indictments, &c. 
 Twenty-second Edition. By William F. Crates and Gut Stephen- 
 son, Esqrs., Barristers- at-Law. Demy 8vo. 1900. 11. lis. 6d. 
 " Archbold ' is the one indispensable book for every barrister or solicitor who 
 practises regularly in the criminal Courts." — Solicitors' Journal, March 3, 1900. 
 
 Chitty's Collection of Statutes relating to Criminal Law. — (Re- 
 printed from "Chitty's Statutes.") With an Introduction and Index. 
 By W. F. Craies, Esq., Barrister-at-Law. Royal 8vo. 1894. 10s. 
 
 Disney and Gundry's Criminal Law, — A Sketch of its Principles 
 and Practice. By Henry W. Disney and Harold Gundry, Esqrs., 
 Barristers-at-Law. Demy 8vo. 1895. 7s. 6d. 
 
 ""We think we have here just what students want." — Law Times. 
 
 Kershaw's Brief Aids to Criminal Law. — With Notes on the Pro- 
 cedure and Evidence. By Hilton Kershaw, Esq., Barrister-at- 
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 Mews. — Fide "Digest." 
 
 Roscoe's Digest of the Law of Evidence in Criminal Cases, — 
 Twelfth Edition. By A. P. Perceval Keep, Esq., Barrister-at- 
 Law. DemySvo. 1898. 11. lis. 6d. 
 "To the criminal lawyer it is his guide, philosopher and friend. What 
 Roscoe says most judges will accept without question." — Law Times. 
 
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 " No library can be said to be complete without Russell on Crimes." — Law Times. 
 
 " Indispensable in every Court of criminal justice here and in our Colonies." 
 
 — The Times. ' "" 
 
 Shirley's Sketch of the Criminal Law. — Second Edition. By Charles 
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 Warburton. — Vide " Leading Cases." Thring, — n*"Navy." 
 
 DEATH DUTIES.— Freeth's Acts relating to the New Death Duty, 
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 By Evelyn Freeth, Esq., Deputy -Controller of Legacy and Succes- 
 sion Duties. Demy 8vo. 1897 12s. 6d. 
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 Harman's Finance Act, 1894, so far as it relates to the Death Duties. 
 With an Introduction and Notes, and an Appendix of Forms. By 
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 the Companies Acts. 
 
 Part III. DEBENTURES AND DEBENTURE STOCK, including 
 Debentures, Trust Deeds, Stock Certificates, Resolutions, Prospectuses, 
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 Issued in the following forms, octavo size, strongly bound in cloth : — 
 
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 DICTIONARY.— The Pocket Law Lexicon.— Explaining Technical 
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 to which is added a complete List of Law Reports, with their Abbre- 
 viations. Third Edit. By Henry G. Rawson and James F. Remnant, 
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 10 STEVENS AND SONS, LIMITED, 
 
 DIGESTS.— Campbell's Ruling Cases.— Arranged, Annotated, and 
 Edited by Robert Campbell, of Lincoln's Inn, Esq., Barrister- at- 
 Law, Advocate of the Scotch Bar, assisted by other Members of the 
 Bar. With American Notes by Irving Browne, formerly Editor of 
 the American Reports, and the Hon. Leonard A. Jones. Royal 8vo. 
 1894-1900. Half vellum, gilt top, net, each 25s. 
 
 The following Volumes have been published: — 
 
 I.— Abandonment— Action. 
 II.— Action - Amendment. 
 III.— Ancient Light— Banker. 
 IV.- Bankruptcy— Bill of Lading 
 
 XII.— Executor— Indemnity. 
 XIII.— Infant— insurance. 
 XIV.— Insurance— Interpretation. 
 XV.— Judge— Landlord and Tenant 
 
 V.— Bill of Sale— Conflict of Laws. XVI.— Larceny— Mandate 
 
 VI. — Contract. 
 VII.— Conversion Counsel. 
 VIM.— Criminal Law— Deed. 
 
 XVII.— Manorial Right- Mistake. 
 XVIN.— Mortgage- Negligen.ee. 
 XIX.— Negligen.ee— Partnership. 
 
 IX.— Defamation — Dramatic and i XX.— Patent. 
 
 Musical Copyright. XXI.- Payment— Purchase for Value 
 
 X.— Easement- Estate. without Notice. 
 
 XL— Estoppel -Execution. I XXII.— Quo Warranto— Release. 
 
 XXIII.— Relief— Sea. {Nearly ready.) 
 
 XXIV.— Search Warrant— Telegraph. (In the press.) 
 
 XXV.— Tenant-Wills. (In preparation.) 
 
 *j* The Volumes are sold separately. 
 
 An Addendum, containing, under the appropriate title and rule, Notes of 
 
 Cases published since the issue of Volume I., thus bringing all the Volumes 
 
 up to date, also a complete Index of Cases and a general Index to the whole 
 
 work. (I" preparation.) 
 
 Plan of the Work. 
 
 All the useful authorities of English Case Law, from the earliest period 
 to the present time, on points of general application, are collected and 
 arranged in alphabetical order of subjects. 
 
 The matter under each alphabetical heading is arranged in sections, in 
 an order indicated at the commencement of the heading. The more im- 
 portant and Ruling Cases are set forth at length, subject only to abridg- 
 ment where the original report is unnecessarily diffuse. The effect of 
 the less important or subordinate cases is stated briefly in the Notes. 
 
 The aim of the Work is to furnish the practitioner with English Case 
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 memory, as to the principles ; and the Notes will show in detail how the 
 principles have been applied or modified in other cases. 
 
 " A Cyclopfedia of law .... most ably executed, learned, accurate, clear, 
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 Literature. 
 
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 Dale and Lehmann's Digest of Cases, Overruled, Not Followed, 
 Disapproved, Approved, Distinguished, Commented on and 
 specially considered in the English Courts. By Chas. Wm. 
 Mitcalfe Dale, and Rudolf Chambers Lehmann, assisted by Chas. 
 H. L. Neish, and Herbert H. Child, Esqrs., Barristers-at-Law. 
 Royal 8vo. 1887. (Published at 21. 10s.) Reduced to net, 25*. 
 
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 DiG ESTS — continued. 
 
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 Mews' Digest of Cases relating to Criminal Law down to the 
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 MEWS' DIGEST OF ENGLISH CASE LAW.— Containing the Reported 
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 BlTTLESTON, B. A. COHEN, W. I. COOK, E. W. HaXSELL, J. S. 
 
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 %* Lists of Cases followed, overruled, questioned, &c, have been 
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 Law Journal Quinquennial Digest, 1890-95.— An Analytical 
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 By George A. Streeten, Esq., Barrister-at-Law. 1896. 1/. 10s. 
 "Extremely well done, with abundance of headings and cross references . . . 
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 DISTRICT COUNCILS.— Chambers' Digest of the Law relating 
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 DIVORCE,— Browne and Powles' Law and Practice in Divorce 
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 Barrister-at-Law. Demy 8vo. 1897. 25s. 
 
 "The practitioner's standard work on divorce practice." — Law Quar. Rev. 
 
 Kelly's French Law. — Vide "Marriage." 
 
 DOGS. — Lupton's Law relating to Dogs.— By Fbedebick Lupton, 
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 DOMESDAY BOOK AND BEYOND.— Three Essays in the Early 
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 EASEMENTS,— Campbell's RulingCases. Vol. X.— n^" Digests." 
 
 Goddard's Treatise on the Law of Easements, — By John Ley- 
 
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 "Nowhere has the subject been treated so exhaustively, and, we may add, 
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 "We have only the pleasing duty remaining 1 of recommending the book to those 
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 ECCLESIASTICAL LAW.— Phillimore's Ecclesiastical Law of the 
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 "The task of re-editing Phillimore's ' Ecclesiastical Law ' was not an easy one. 
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 Whitehead's Church Law, — Being a Concise Dictionary of Statutes, 
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 Times. 
 
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 Collection of the Points of Law and Practice, together with Reports 
 of the Judgments. By S. H. Day, Esq., Barrister-at-Law, Editor 
 of " Rogers on Elections." Royal 12mo. 1894. Is.&d. 
 
 Hedderwick's Parliamentary Election Manual : A Practical 
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 " The work is pre-eminently practical, concise and clear." — Solicitors' Journal. 
 " One of the best books of the kind that we are acquainted with." — Law Journal. 
 
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 the Election of the Mayor, Aldermen, and Councillors of Metropolitan 
 Boroughs. By John Hunt, Esq., Barrister-at-Law. Demy 8vo. 
 1900. 3s. 6d. 
 
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 ELECTION S — continued. 
 Rogers' Law and Practice of Elections. — 
 
 Vol. I. Registration, including the Practice in Registration 
 Appeals; Parliamentary, Municipal, and Local Government; with 
 Appendices of Statutes, Orders in Council, and Forms. Sixteenth 
 Edition ; with Addenda of Statutes to 1900. By Maueice Powell, 
 
 Esq.. Barrister-at-Law. Royal 12mo. 1897. 1'. !*• 
 
 " The practitioner will find within these covers everything which he can be 
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 Vol. II. Parliamentary Elections and Petitions ; with Appen- 
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 S. H. Day, Esq., Barrister-at-Law. Royal 12mo. 1900. 11. Is. 
 
 " The acknowledged authority on election law."— Law Journal. 
 
 "The leading book on the difficult subjects of elections and election peti- 
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 2 vols. roy. 8vo. 1898. 40s - 
 
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 EQUITY— continued. 
 
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 Vide " Local and Municipal Government." 
 
 NAVY. — Thring's Manual of Naval Law and Court Martial Pro- 
 cedure ; with an Introductory Chapter on the Early State and' 
 Discipline of the Navy, the Rules of Evidence, together with the 
 Naval Discipline Act and an Appendix of Practical Forms. — Third 
 Edition. By J. E. R. Stephens, Esq., Barrister-at-Law, C. E. 
 Gifford, Esq., C.B., Fleet Paymaster, Royal Navy, and F. 
 Harrison Smith, Esq., Staff Paymaster, Royal Navy. Demy 8vo. 
 
 [Nearly ready.) 
 
 NEGLIGENCE. — Smith's Treatise on the Law of Negligence. 
 Second Edition. By Horace Smith, Esq., Barrister-at-Law, Editor 
 of " Addison on Contracts, and Torts," itc. 8vo. 1884. 12s. Oaf. 
 
 %* All standard Law Works are kept in Stock, in law calf and other bindings.
 
 22 STEVENS AND SONS, LIMITED, 
 
 NISI PRIUS.— Roscoe's Digest of the Law of Evidence on the 
 Trial of Actions at Nisi Prius.— Seventeenth Edition. By Maurice 
 Powell, Esq., Barrister-at-Law. 2 vols. Demy 8vo. 1900. 21. 2s. 
 
 " Continues to be a vast and closely packed storehouse of information on 
 practice at Nisi Prius." — Law Journal. 
 
 " Almost invaluable to a Nisi Prius practitioner. . . . We have nothing 
 but praise for the new edition." — Law Quarterly Review. 
 
 NOTARY. — Brooke's Treatise on the Office and Practice of a 
 Notary of England. — With a full collection of Precedents. Sixth Ed. 
 By James Cranstoun, Esq., Barrister -at -Law. (In the press.) 
 
 OATHS.— Stringer's Owths and Affirmations in Great Britain and 
 Ireland; being a Collection of Statutes, Cases, and Forms, with 
 Notes and Practical Directions for the use of Commissioners for Oaths, 
 and of all Courts of Civil Procedure and Offices attached thereto. By 
 Francis A. Stringer, of the Central Office, Royal Courts of Justice, 
 one of the Editors of the "Annual Practice." Second Edition. 
 Crown 8vo. 1893. 4s. 
 
 " Indispensable to all commissioners." — Solicitors' Journal. 
 
 OTTOMAN CIVIL LAW.— Grigsby's Medjelle, or Ottoman Civil 
 Law. — Translated into English. By W. E. Grigsbt, LL.D., Esq., 
 Barrister-at-Law. Demy 8vo. 1895. 21s. 
 
 PARISH LAW.— Humphreys Parish Councils. — The Law relating 
 to Parish Councils, being the Local Government Act, 1894 ; with 
 an Appendix of Statutes, together with an Introduction, Notes, and 
 a Copious Index. Second Edition. By George Humphreys, Esq., 
 Barrister-at-Law, Author of "The Law relating to County Councils," 
 &c. Boyal 8vo. 1895. 10s. 
 
 Steer's Parish Law. Being a Digest of the Law relating to the 
 Civil and Ecclesiastical Government of Parishes and the Relief of the 
 Poor. Sixth Edition. By W. H. Macnamara, Esq., Assistant 
 Master of the Supreme Court, Registrar of the Court constituted 
 under the Benefices Art, 1898. Demy 8vo. 1899. 20s. 
 
 " Of great service both to lawyers and to parochial officers." — Solicitors' Jour. 
 
 " A moist useful book of reference on ail matters connected with the parish, 
 both civil and ecclesiastical." — Law Journal. 
 
 " Kept in touch with every recent change."— Law Tiitu s. 
 
 PARTNERSHIP.— Pollock's Digest of the Law of Partnership. 
 Seventh Edition. With an Appendix of Forms. By Sir Frederick 
 Pollock, Bart., Barrister-at-Law, Author of "Principles of Con- 
 tract," "The Law of Torts," &c. Demy 8vo. 1900. 10s. 
 
 " We are confident this book will be most popular as well as extremely 
 useful." — Law Times. 
 
 " Of the execution of the work we can speak in terms of the highest praise. 
 The language is simple, concise, and clear." — L 'to Magazine. 
 
 " Praiseworthy in design, scholarly and complete in execution." — Sat. Ilrvicw. 
 
 PATENTS.— Campbell's Ruling Cases, Vol. XX.— Vide "Digests," 
 p. 10. 
 Edmunds on Patents. — The Law and Practice of Letters Patent for 
 Inventions. By Lewis Edmunds, K.C. Second Edition. By T. M. 
 Stevens, Esq., Barrister-at-Law. Roy. 8vo. 1897. II. 12s. 
 
 " We have nothing but commendation for the boob."— Solicitors' Journal. 
 " It would be difficult to make it more complete." — Law Times. 
 
 Edmunds' Patents, Designs and Trade Marks Acts, 1883 to 
 1888, Consolidated with an Index. Second Edition. By Lewis 
 Edmunds, K.C, D.Sc, LL.B. Imp. Svo. 1895. Net 2s. ^d. 
 
 Gordon's Monopolies by Patents and the Statutable Remedies 
 available to the Public. By J. W. Gordon, Esq., Barrister-at- 
 Law. Demy 8vo. 1897. 18s. 
 " A treatise which we think must take a unique place in our legal literature." 
 — Law Times. 
 
 Gordon's Compulsory Licences under the Patents Acts. By 
 J. W. Gordon, Esq., Barrister-at Law, Author of "Monopolies by- 
 Patent." Demy 8vo. 1899. 15s. 
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 119 & 120, CHANCERY LANE, LONDON, W.C. 23 
 
 PATEN TS — continued. 
 
 Johnson's Patentees' Manual. — A Treatise on the Law and 
 Practice of Patents for Inventions. Sixth Edition. By James John- 
 son, Esq., Barrister-at-Law ; and J. Henry Johnson, Solicitor and 
 Patent Agent. Demy 8vo. 1890. 10*. 6d. 
 
 Johnson's Epitome of Patent Laws and Practice, Third Edition. 
 Crown 8vo. 1900. Net, 2s. 6d. 
 
 Morris's Patents Conveyancing. — Being a Collection of Precedents 
 in Conveyancing in relation to Letters Patent for Inventions. 
 "With Dissertations and Copious Notes on the Law and Practice. By 
 Robert Morris, Esq., Barrister-at-Law. Royal 8vo. 1887. II. 5s. 
 
 Thompson's Handbook of Patent Law of all Countries.— By 
 Wm. P. Thompson. Tenth Edition, with Addendum. 12mo. 1899. 
 
 Net, 2s. 6d. 
 
 Thompson's Handbookof British Patent Law. Eleventh Edition. 
 12mo. 1899. Net, Gd. 
 
 PAWN BROKING. — Attenborough's Law of Pawnbroking, with 
 the Pawnbrokers Act, 1872, and the Factors Act,18b9,and 
 Notes thereon. By Charles L. Attenborough, Esq., Barrister- 
 at-Law. PostSvo. 1897. Net, 3s. 
 
 PERSONAL PROPERTY— Smith— Vide" Real Property." 
 
 PLEADING.— Bullen and Leake's Precedents of Pleadings, with 
 Notes and Rules relating to Pleading. Fifth Edition. Revised and 
 Adapted to the Present Practice in the Queen's Bench Division of 
 the High Court of Justice. By Thomas J. Bullen, Esq., Barrister- 
 at-Law, Cyril Dodd, Esq., K.C., and C. W. Clifford, Esq., Bar- 
 rister-at-Law. Demy 8vo. 1897. 38s. 
 " The standard work on modern pleading'." — Laiv Journal. 
 
 Odgers' Principles of Pleading, Practice and Procedure in Civil 
 Actions in the High Court of Justice.— Fourth Edition. By W. 
 Blake Odgers, LL.D., K.C., Recorder of Plymouth, Author of "A 
 Digest of the Law of Libel and Slander." Demy 8vo. 1900. 12s. Qd. 
 
 " The student or practitioner who desires instruction and practical guidance 
 in our modern system of pleading cannot do better than possess himself of 
 Mr. Odgers' book." — Law Journal. 
 
 " Includes a careful outline of the procedure in an ordinary action at law. 
 This sketch will be of the utmost value to students, and ought to win the ap- 
 proval also of examining bodies, as it is remarkably free from any adaptability to 
 the purposes of the mere crammer"— Literature. 
 
 " Of immense assistance to junior counsel." — Law Notes. 
 
 " Terse, clear and pointed." — Law Quarterly Review. 
 
 POISONS.— Reports of Trials for Murder by Poisoning. — With 
 Chemical Introductions and Notes. By G. Lat h am Browne, Esq., 
 Barrister-at-Law, andC. G. Stewart, Senior Assistant in the Labo- 
 ratory of St. Thomas's Hospital, &c. Demy 8vo. 1883. 12*. 6^. 
 
 POWERS.— Farwel I on Powers. — A Concise Treatise on Powers. 
 Second Edition. By the Hon. Sir George Farwell, a Justice of 
 the High Court, assisted by W. R. Sheldon, Esq., Barrister-at- 
 Law. Royal Svo. 1893. 1/. 5*. 
 
 PRINCIPAL AND AG ENT— Wright's Law of Principal and Agent. 
 By E. B. Wright, Esq., Barrister-at-Law. Demy 8vo. 1894. 18s. 
 
 " Clearly arranged and clearly written." — Law Times. 
 
 " May with confidence be recommended to all legal practitioners as an accu- 
 rate and handy text book on the subjects comprised in it."— Solicitors' Journal. 
 
 PRIVY COUNCIL LAW.— Wheeler's Privy Council Law: A Synop- 
 sis of all the Appeals decided by the Judicial Committee (including 
 Indian Appeals) from 1876 to 1891. Together with a precis of the 
 Cases from the Supreme Court of Canada. By George Wheeler, 
 Esq., Barrister-at-Law, and of the Judicial Department of the Privy 
 Council. Royal Svo. 1893. 31s. 6d. 
 
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 24 STEVENS AND SONS, LIMITED, 
 
 PROBATE.— Powles and Oakley's Law and Practice relating to 
 Probate and Administration. By L: D. Powles, Barrister- at - 
 Law, and T. W. H. Oakley, of the Probate Registry. (Being a 
 Third Edition of " Browne on Probate.") Demy 8vo. 1892. U. 10*. 
 
 PROPERTY.— See also " Real Property." 
 Raleigh's Outline of the Law of Property.— Demy 8vo. 1890. 7s. 6d. 
 
 Strahan's General View of the Law of Property,— Second Edit. 
 By J. A. Steahan, assisted by J. Sinclaie Baxtee, Esqrs., Barris- 
 ters-at-Law. Demy Svo. 1897. 12*. Gd. 
 
 " The student will not easily find a better general view of the law of property 
 than that which is contained in this book." — Solicitors' journal. 
 
 " "We know of no better book for the class-room." — Law Times. 
 
 PUBLIC HEALTH.— Bazalgette and Humphreys.— Vide "Local 
 and Municipal Government." 
 Hunt. — Vide " London Local Government." 
 
 PUBLIC MEETINGS.— Chambers' Handbook for Public Meet- 
 ings, including Hints as to the Summoning and Management of 
 them. Second Edition. By Geoege F. Chambees, Esq., Bai-rister- 
 at-Law. Demy 8vo. 18S8. Net, 2s. 61. 
 
 QUARTER SESSIONS— -See " Criminal Law." 
 
 RAILWAY RATES. — Darlington's Railway Rates and the Carriage 
 of Merchandise by Railway ; including the Provisional Orders of 
 the Board of Trade as sanctioned hy Parliament, containing the 
 Classification of Traffic and Schedule of Maximum Rates and Charges 
 applicable to the Railways of Great Britain and Ireland. By H. R. 
 Daelington, Esq., Barrister-at-Law. Demy Svo'. 1893. 11. 5s. 
 
 RAILWAYS.— Browne and Theobald's Law of Railway Com- 
 panies. — Being a Collection of the Acts and Orders relating to 
 Railway Companies in Great Britain and Ireland, with Notes of all 
 the Cases decided thereon. Third Edition. By J. H. Balfoue 
 Beowne, Esq., one of His Majesty's Counsel, and Feank Balfoue 
 Beowne, Esq., Barrister-at-Law. Royal Svo. 1899. 21. 2s. 
 
 " Contains in a very concise form the whole law of railways." — The Times. 
 
 "It is difficult to find in this work any subject in connection with railways 
 which is not dealt with." — Low Times. 
 
 " Practitioners who require a comprehensive treatise on railway law will find it 
 indispensable." — Law Journal. 
 
 RATES AND RATI NG.— Castle's Law and Practice of Rating.— 
 Third Edition. By Edwaed James Castle, Esq., one of His 
 Majesty's Counsel. Demy Svo. 1895. 25*. 
 
 " A sure and safe guide." — Law Magazine. 
 
 " Mr. Castle's book has hitherto held a very high place, and the success that 
 has attended it seems assured to the new edition." — Law Journal. 
 
 " A compendious treatise, which has earned the goodwill of the Prof ession on 
 account of its conciseness, its lucidity, and its accuracy." — Law Times. 
 
 Chambers' Law relating to Local Rates; with especial reference 
 to the Powers and Duties of Rate-levying Local Authorities, and 
 their Officers ; comprising the Statutes in full and a Digest of 7 1 8 
 Cases. Second Edition. By G. F. Chambees, Esq., Barrister-at- 
 Law. Royal 8vo. 1889. 10*. 6d. 
 
 REAL PROPERTY — Digby's History of the Law of Real Pro- 
 perty. Fifth Edition. Demy 8vo. 1897. 12*. 6d. 
 
 Leake's Elementary Digest of the Law of Property in Land. — 
 Containing : Introduction. Part I. The Sources of the Law. — 
 Part II. Estates in Land.- Part III. The Law of Uses and Profits 
 of Land. By Stephen Maetin Leake, Barrister-at-Law. Demy 
 8vo. 1874—1888. Net, 30*. 
 
 %* All standard Law Works are kept in Stock, in law calf and other bindings.
 
 119 & 120, CHANCERY LAKE, LONDON, W.C. 25 
 
 REAL PROPERTY— continued. 
 Lightwood's Treatise on Possession of Land : with a chapter on 
 the Real Property Limitation Acts, 1833 and 1874.— By John M. 
 Lightwood, Esq., Barrister- at- Law. Demy Svo. 1894. 15s. 
 
 Shearwood's Real Property. — A Concise Abridgment of the Law of 
 Real Property and an Introduction to Conveyancing. Designed to 
 facilitate the subject for Students preparing for examination. By 
 Joseph A. Sheabwood, Esq., Barrister-at-Law. Third Edition. 
 Demy 8vo. 1885. 8*. 6rf. 
 
 Shelford's Real Property Statutes. — Comprising the principal 
 Statutes relating to Real Property passed in the reigns of King 
 William IV. and Queen Victoria, with Notes of Decided Cases. 
 Ninth Edition. By Thomas H. Cabson, Esq., K.C., assisted by 
 HaboldB. Bomp as, Esq., Barrister-at-Law. Royal 8vo. 1893. 30*. 
 " Absolutely indispensable to conveyancing' and equity lawyers." 
 
 Smith's Real and Personal Property.— A Compendium of the Law 
 of Real aud Personal Property, primarily connected with Con- 
 veyancing. Designed as a Second Book for Studeuts, and as a 
 Digest of the most useful learning for Practitioners. Sixth Edition. 
 By" the Atjthob and J. Teusteam, LL.M., Barrister-at-Law. 2 vols. 
 Demy 8vo. 1884. 21. 2s. 
 
 " A book -which he (the student) may read over and over again with profit and 
 pleasure." — Law Times. 
 
 " Will be found of very great service to the practitioner."— Solicitors' Journal. 
 " A really useful and valuable work on our system of Conveyancing." — Law 
 Students' Journal. 
 
 Strahan. — Vide " Property." 
 
 REGISTRATION.— Rogers.— Vide 11 Elections." 
 
 Fox and Smith's Registration Cases. (1886—1895). Royal 8vo. 
 
 Calf, net, 21. 10s. 
 
 Smith's (C. Lacey) Registration Cases. Part I. (1895-96). 
 Net, 6s. M. Part II. (1896), 5s. Part III. (1897), 4s. Part IV. 
 (1898-9), 6s. Part V. (1899-1900), 4s. 
 Lawson's Notes of Decisions under the Representation of the 
 People Acts and the Registration Acts, 1885— 1893, inclu- 
 sive. — By Wm. Lawson, Barrister-at-Law. Demy 8vo. 1894. 24s. 
 Ditto, ditto, for 1894, 1895, 1896 and 1897. Bach net 4s. 6d. 
 
 Ditto, ditto, for 1898. Net, Is. 6d. 
 
 Ditto, ditto, for 1899. Xet, 4s. 6d. 
 
 REQUISITIONS ON TITLE.— Dickins.— Pwfe "Conveyancing." 
 
 RIVERS POLLUTION.— Haworth's Rivers Pollution.— The Statute 
 Law relating to Rivers Pollution, containing' the Rivers Pollution 
 Prevention Acts, 1876 aud 1893, together with the Special Acts in 
 force in the West Riding of Yorkshire and the County of Lancaster. 
 By Chaeles Joseph Hawobth, Solicitor, B.A. (Cantab.), LL.B. 
 (London). Royal 12mo. 1897. 6s. 
 
 ROMAN LAW.— Abdy and Walker's Institutes of Justinian, Trans- 
 lated, with Notes, by J. T. Abdy, LL.D., and the late Beyan Walkeb, 
 M.A., LL.D. Crown 8vo. 1876. 16s. 
 
 Abdy and Walker's Commentaries of Gaius and Rules of Ulpian. 
 With a Translation and Notes, by J. T. Abdy, LL.D., late Regius 
 Professor of Laws in the University of Cambridge, and the late 
 Beyan Walkee, M.A., LL.D. New Edition by Beyan Walkee. 
 Crown 8vo. 1885. 16s. 
 
 Buckler's Origin and History of Contract in Roman Law down 
 to the end of the Republican Period. By W. H. Buckler, 
 B. A., LL.B. Post 8vo. Second Edition. [In the press.) 
 
 * # * All standard Law Works are kept in Stock, in law calf and other bindings.
 
 26 STEVENS AND SONS, LIMITED, 
 
 ROMAN LAW — continued. 
 
 Goodwin's XII. Tables. — By Frederick Goodwin, LL.D. London. 
 Royal 12mo. 1886. 3s. U. 
 
 Greene's Outlines of Roman Law.— Consisting chiefly of an 
 Analysis and Summary of the Institutes. For the use of Students. 
 By T. Whitcombe Greene, Barrister-at-law. Fourth Edition. 
 Foolscap 8vo. 1884. 7*. $d. 
 
 Grueber's Lex Aquilia. — The Roman Law of Damage to Property: 
 being a Commentary on the Title of the Digest " Ad Legem Aqui- 
 liam" (ix. 2). With an Introduction to the Study of the Corpus 
 Iuris Civilis. By Erwin Grtjebeb, Dr. Jur., M.A. 8vo. 1886. 10*. Qd. 
 
 Holland's Institutes of Justinian.— Second Edition. Extra fcap. 
 8vo. 1881. 5s. 
 
 Holland and Shadwell's Select Titles from the Digest of Jus- 
 tinian.— Demy 8vo. 1881. 14s. 
 
 Holland's Gentilis Alberici, I. CD., I.C.P.R., de lure Belli Libri 
 -r reSi — EdiditT.E. Holland, LCD. Small 4 to., half -morocco. 21s. 
 
 Monro's Digest IX. 2. Lex Aquilia, Translated, -with Notes, by 
 C H. Monro, M.A. Crown 8vo. 1898. 5s. 
 
 Monro's Digest XIX. 2. Locati Conducti. Translated, with Notes, 
 by C H. Monro, M.A. Crown 8vo. 1891. 5s. 
 
 Monro's Digest XLVII. 2, De Furtis, Translated, with Notes, by 
 C. H. Monro, M.A. Crown 8vo. 1893. 5s 
 
 Monro's Digest XLI. "I, De Adquirendo Rerum Dominio. Trans- 
 lated, with Notes, by C. H. Monro, M.A. Crown 8vo. 1900. 5s. 
 
 Moyle's Imperatoris Justiniani Institutiones.— Third Edition. 
 2 vols. Demy 8vo. 1896. 1/. 2s. 
 
 Poste's Elements of Roman Law.— By Gaius. With a Translation 
 and Commentary. Third Edition. By Edward Poste, Esq., 
 Barrister-at-Law. Demy 8vo. 1890. 18*. 
 
 Roby's Introduction to the Study of Justinian's Digest, con- 
 taining an account of its composition and of the Jurists used or 
 referred to therein. By H. J. Roby, M.A. Demy 8vo. 18S6. 9s. 
 
 Roby's Justinian's Digest.— Lib. VII., Tit. I. De Usufructu, with 
 
 a Legal and Philological Commentary. By H. J. Roby, M.A. 
 
 Demy 8vo. 1884. 9s. 
 
 Or the Two Parts complete in One Volume. Demy 8vo. 1 8s. 
 
 Sohm's Institutes of Roman Law.— Second Edition. Demy Svo. 
 1901. ls '- 
 
 Walker's Selected Titles from Justinian's Digest.— Annotated by 
 the late Bryan Walker, M.A., LL.D. 
 
 Part I. Mandati vel Contra. Digest xvii. I. Crown 8vo. 1879. 5s. 
 
 Part III. De Condictionibus. Digest xn. 1 and 4 — 7, and 
 Digest xiii. 1—3. Crown 8vo. 1881. 6s. 
 
 Walker's Fragments of the Perpetual Edict of Salvius Julianus. 
 Collected and annotated by Bryan Walker, M.A., LL.D. Crown 
 8vo. 1877. 6s. 
 
 Whewell's Grotius de Jure Belli et Pacis, with the Notes of Bar- 
 
 beyrac and others ; accompanied by an abridged Translation of the 
 
 Text, by W. Wiiewell, D.D. 3 vols. Demy 8vo. 1853. 12*. 
 
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 119 & 120, CHANCERY LANE, LONDON, W.C. 27 
 
 RULING CASES.— Campbell.— Tide "Digests," p. 10. 
 
 SALES. — Blackburn on Sales. A Treatise on the Effect of the Con- 
 tract of Sale on the Legal Rights of Property and Possession in 
 Goods, Wares, and Merchandise. By Lord Blackbuen. 2nd Edit. 
 By J. C. Geaham. Esq., Barrister-at-Law. Royal 8 vo. 1885. 11. Is. 
 " We have no hesitation in saying that the work has been edited with re- 
 markable ability and success." — Law Quarterly Review. 
 
 SALVAGE.— Kennedy's Treatise on the Law of Civil Salvage.— By 
 
 the Hon. Sir William R. Kennedy, a Justice of the High Court. 
 
 Royal 8vo. 1891. 12s. 
 
 "The best work on the law of salvage. It is a complete exposition of the 
 
 subject, and as such is accurate and exhaustive." — Law Times. 
 
 SHERIFF LAW.— Mather's Compendium of Sheriff Law, espe- 
 cially in relation to Writs of Execution.— By Philip E. Matheb, 
 Solicitor and Notary, formerly Under Sheriff of Newcastle-on-Tyne. 
 Royal 8vo. 1894. 25s. 
 
 " We think that this book will be of very great assistance to any persons who 
 may fill the positions of high sheriff and under-sheriff from this time forth. The 
 whole of the legal profession will derive great advantage from having this 
 volume to consult." — Law Times. 
 
 SHIPPING.— Carver.— Vide" Carriers." 
 
 Marsden's Digest of Cases relating to Shipping, Admiralty, 
 and Insurance Law, down to the end of 1897. — By Reginald 
 G. Maesden, Esq., Barrister-at-Law, Author of "The Law of 
 Collisions at Sea." Royal 8vo. 1899. 30s. 
 
 Pulling's Merchant Shipping Act, 1894. — With Introduction, 
 Notes, and Index. By Alexandee Pulling, Esq., Barrister-at- 
 Law. Royal 8vo. 1894. Net 6s. 
 
 Pulling's Shipping Code; being the Merchant Shipping Act, 1894 
 (57 cc 58 Vict. c. 60) ; With Introduction, Notes. Tables, Rules, 
 Orders, Forms, and a Full Index. — By Alexandee Pulling, Esq., 
 Barrister-at-Law. Royal 8vo. 1894. Net Is. 6d. 
 
 Temperley's Merchant Shipping Act, 1894 (57 & 58 Vict. 
 C. 60). With an Introduction ; Notes, including all Cases decided 
 under the former euactmeTits consolidated in this Act ; a Comparative 
 Table of Sections of the Former and Present Acts ; an Appendix of 
 Rules, Regulations, Forms, etc., and a Copious Index. — By Robeet 
 Tempebley, Esq., Barrister-at-Law. Royal 8vo. 1895. 25s. 
 
 "A full, complete, and most satisfactory work. "—Law Quarterly Review. 
 "A monument of well-directed industry and knowledge directed to the 
 elucidation of the most comprehensive and complicated Act." — Law Journal. 
 
 SLANDER.— Odgers.— Vide " Libel and Slander." 
 
 SOLICITORS.— Cordery's Law relating to Solicitors of the 
 Supreme Court of Judicature. With an Appendix of Statutes 
 and Rules, the Colonial Attornies Relief Acts, and Notes on Appoint- 
 ments open to Solicitors, and the Right to Admission to the Colonies, 
 to which is added an Appendix of Precedents. Third Edition. By 
 A. Coedeey, Esq., Barrister-at-Law. Demy 8vo. 1899. 21s. 
 
 " The leading authority on the law relating to solicitors." — Law Journal. 
 
 "A complete compendium of the law 7 ." — Law Titiu s. 
 
 " Thoroughly up to date in eveiy respect." — Law Quarterly Review. 
 
 Turner. — Vide "Conveyancing" and "Vendors and Purchasers." 
 
 SPECIFIC PERFORMANCE.— Fry's Treatise on the Specific 
 Performance of Contracts, By the Right Hon. Sir EdwaedFey. 
 Third Edition. By the Author and E. Foetsmouth Fey, Esq., 
 Barrister-at-Law. Royal 8vo. 1892. II. llis. 
 
 %* All standard Law Works are kept in Slock, in law calf and other bindings.
 
 28 STEVENS AND SONS, LIMITED, 
 
 STAMP LAWS. — Highmore's Stamp Laws. — Being the Stamp Acts 
 of 1891 : with the Acts amending and extending the same, in- 
 cluding the Finance Act, 1899, together with other Acts imposing 
 or relating to Stamp Duties, and Notes of Decided Cases ; also an 
 Introduction, and an Appendix containing Tables showing the com- 
 parison with the antecedent Law. By Nathaniel Joseph Highmoee, 
 Assistant-Solicitor of the Inland Revenue. DemySvo. 1900. 10s. 6d. 
 
 "Will be found of the greatest use to solicitors, the officers of companies, and 
 all men of business." — Law Journal, Feb. 10, 1900. 
 
 " This work is not only complete up to the present year, but is excellently 
 arranged." — Irish Law Times, Feb. 10, 1900. 
 
 "A very comprehensive volume, fulfilling every requirement. . . . The 
 various notes to the sections of the several Acts incorporated in the volume are 
 fully and accurately set out, the points of the decided ca<es clearly expressed, 
 and the effect and object of the enactment indicated ; and what must be of 
 especial value to the practitioner, the practice at Somerset House with regard 
 to all matters coming before that institution is stated." — Justice of the Peace, 
 Feb. 24, 1900. 
 
 "Mr. Highmore's 'Stamp Laws' leaves nothing undone." — The Civilian, 
 March 3, 1900. 
 
 STATUTE LAW.— Wilberforce on Statute Law. The Principles 
 which govern the Construction and Operation of Statutes. By E. 
 Wilbeefoecf, Esq., a Master of the Supreme Court. 1881. 18s. 
 
 STATUTES, and vide " Acts of Parliament." 
 
 Chitty's Statutes. — New Edition. — The Statutes of Practical Utility, 
 from the earliest times to 1894 inclusive. Arranged in Alpha- 
 betical and Chronological Order ; with Notes and Indexes. Fifth 
 Edition. By J. M. Lelt, Esq., Barrister-at-Law. Royal 8vo. 
 Complete with Index. In 13 Volumes. 1894-1895. 131.13s. 
 
 Annual Supplements, By J. M. Lely, Esq. 1895, 5s. 
 1896, 10s. 1897, 5s. 1898, 7s. 6d. 1899, 7s. M. 1900, 7s. Q>d. 
 
 "It is a book which no public library should be without." — 
 Spectator. 
 
 "A work of permanent value to the practising lawyer." — Solicitors'' 
 Journal. 
 
 "The profession will feel grateful both to the editor and the 
 publishers of a work which will be found of the highest value." — 
 Law Journal. 
 
 " A legal work of the very highest importance. . . . Few besides 
 lawyers will, we suspect, realise the amount of work which such an 
 undertaking involves to the editor, who appears to have spared no 
 pains to give a clear, orderly, and methodical character to the com- 
 pilation." — Daily News. 
 
 "This collection has fulfilled a purpose of usefulness only to be 
 understood by those who are acquainted with the amazing com- 
 plexity of English statute law. with its bewildering incoherence 
 and painful heterogeneity." — Fall Mall Gazette. 
 
 " Indispensable in the library of every lawyer." — Saturday Review. 
 
 "To all concerned with the laws of England. Chitty's Statutes of 
 Practical Utility are of essential importance, whilst'to the practising 
 lawyer they are an absolute necessity." — Law Times. 
 
 "It is apparently the belief of some popular novelists that 
 lawyers in their difficulties still uniformly consult daily Coke upon 
 Littleton and Blackst' ne. Those who know better are aware that 
 the lawyer's Bible is the ' Statutes of Practical Utility '— that they 
 are his working tools, even more than accredited text-books or 
 'authorised reports. 1 More than one judge has been heard to say 
 that with the ' Statutes of Practical Utility' at his elbow on the 
 bench he was apprehensive of no difficulties which might arise." — 
 The Times. 
 
 %* All standard Law Works arc kept in Stock, in law calf and other bindings.
 
 119 & 120, CHANCERY LANE, LONDON, W.C. 29 
 
 SUCCESSION.— Holdsworth and Vickers' Law of Succession, 
 Testamentary and Intestate. Demy 8vo. 1899. 10s. 6d. 
 
 SUMMARY CONVICTIONS.— Paley's Law and Practice of Sum- 
 mary Convictions under the Summary Jurisdiction Acts, 
 1848 — 1884; including Proceedings Preliminary and Subse- 
 quent to Convictions, and the Responsibility of Convicting 
 Magistrates and their Officers, with the Summary Jurisdic- 
 tion Rules, 1886, and Forms.— Seventh Edition. By W. H. 
 Macnamaba, Esq., Barrister-at-Law. Demy 8vo. 1892. 24s. 
 
 TAXPAYERS' GUI DES— Vide "House," "Income," & "Land Tax." 
 
 THEATRES AND MUSIC HALLS.— Geary's Law of Theatres 
 
 and Music Halls, including Contracts and Precedents of 
 
 Contracts.— By W. N. M. Geary, J. P. With Historical Iutroduc- 
 
 - tion. By James Williams, Esqrs., Barristers-at-Law. 8vo. 
 
 1885. os. 
 
 TITLE.— Jackson and Gosset. — Vide " Investigation of Title." 
 
 TORTS. —Addison on Torts. — A Treatise on the Law of Torts; or 
 Wrongs and their Remedies. Seventh Edition. By Horace 
 Smith, Esq., Bencher of the Inner Temple, Metropolitan Magis- 
 trate, Editor of " Addison on Contracts, " &c, and A. P. Perceval 
 Keep, Esq., Barrister-at-Law. Royal 8vo. 1893. 1/. 18s. 
 
 " As an exhaustive digest of all the eases -which are likely to be cited in 
 practice it stands without a rival." — Law Journal. 
 
 "As now presented, this valuable treatise must prove highly acceptable to 
 judges and the profession." — Law Times. 
 
 " An indispensable addition to every lawyer's library." — Law Magazine. 
 
 Ball's Leading Cases on the Law of Torts, with Notes. Edited 
 by W. E. Ball, LL.D., Esq., Barrister-at-Law, Author of "Prin- 
 ciples of Torts and Contracts." Royal 8vo. 1884. 11. Is. 
 
 Bigelow's Elements of the Law of Torts. — A Text-Book for 
 Students. By Melville M. Bigelsw, Ph.D., Lecturer in the Law 
 School of the University of Boston, U.S.A. Crown 8vo. 1889. 10s. 6d. 
 
 Innes' Principles of the Law of Torts. — By L. C. Innes, lately one 
 of the Judges of the High Court, Madras, Author of " A Digest of 
 the Law of Easements." Demy 8vo. 1891. 10s. 6^. 
 
 " A useful addition to any law library." — Law Quarterly Review. 
 
 Pollock's Law of Torts : a Treatise on the Principles of Obligations 
 arising from Civil Wrongs in the Common Law. Sixth Edition. 
 By Sir Feedeeick Pollock, Bart., Barrister-at-Law. Author of 
 "Principles of Contract," " A Digest of the Law of Partnership," 
 &c. Demy 8vo. (In the press.) 
 
 " Concise, logically arranged, and accurate." — Law Times. 
 
 "Incomparably the best work that has been written on the subject." — 
 Literature. 
 
 " A book which is well worthy to stand beside the companion volume on 
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 digest of cases, but bears the impress of the mind of the writer from beginning 
 to end." — Law Journal. 
 
 " The work is one ' professing to select rather than to collect authorities,' but 
 the leading cases on each branch of the subject will be found ably dealt with. 
 A work bearing Mr. Pollock's name requires no recommendation. If it did, we 
 could heartily recommend this able, thoughtful, and valuable book .... as a 
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 "It is rarely we come across a lawbook which embodies the results of years 
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 Sebastian's Digest of Cases of Trade Mark, Trade Name, 
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 By Lewis Boyd Sebastian, Esq., Barrister-at-Law. 8vo. 1879. II. Is. 
 " "Will be of very great value to all practitioners who have to advise on matters 
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 TRAMWAYS.— Sutton's Tramway Acts of the United Kingdom; 
 with Notes on the Law and Practice, an Introduction, including the 
 Proceedings before the Committees, Decisions of the Referees with 
 respect to Locus Standi, and a Summary of the Principles of Tramway 
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 Second Edition. By Henry Sutton, assisted by Robert A. Ben- 
 nett, Barristers-at-Law. Demy 8vo. 1883. 15s. 
 
 TRUSTS AND TRUSTEES. — Ellis' Trustee Act, 1893, including 
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 " Mr. Arthur Lee Ellis gives many valuable hints to trustees, not only with 
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 VENDORS AND PURCHASERS.— Dart's Vendors and Pur- 
 chasers.— A Treatise on the Law and Practice relating to Vendors 
 and Purchasers of Real Estate. By the late J. Henry Dart, Esq., 
 one of the Six Conveyancing Counsel of the High Court of Justice, 
 Chancery Division. Sixth Edition. By the late William Barber, 
 Q.C., Richard Burhon Haldane.K.C, and William Robert Sheldon, 
 Esq.,' Barrister-at-Law. 2 vols. Royal 8vo. 1888. 3/. 15s. 
 
 Turner's Dutiesof Solicitor to Clientas to Sales, Purchases, and 
 
 Mortgages of Land.— Second Edition. By W. L. Hacon, Esq., 
 
 Barrister-at-Law. Demy Svo. 1893. 10s. 6d. 
 
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 VENDORS AND PU RCH ASERS-cnnti,iued. 
 
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 on a Sale of Land.— With Appendix of Forms. Second Edition. 
 By W. F. Webster, Esq., Barrister-at-Law. Royal 8 vo. 1896. 25*. 
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 Webster's Conditions of Sale under the Land Transfer Acts, 
 1875 and 1897. Being a Supplement to above. Royal 8vo. 
 1899. Xet 2s - 
 
 WAR, DECLARATION OF.— Owen's Declaration of War— A 
 Survey of the Position of Belligerents and Neutrals, with relative 
 considerations of Shipping and Marine Insurance during War. By 
 Douglas Owen, Esq., Barrister-at-Law. Demy 8vo. 1889. 21s. 
 
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 rister-at-Law. Demy 8vo. 1898. Net 2s. 
 
 WILLS.— Theobald's Concise Treatise on the Law of Wills.— 
 Fifth Edition. By H. S. Theobald, Esq., one of His Majesty's 
 Counsel. Royal 8vo. 1900. 32s. 
 
 " Comprehensive though easy to use, and we advise all conveyancers to get a 
 copy of it without loss of time."— Laic Journal. 
 
 " Of great ability and value. It bears on every page traces of care and sound 
 judgment." — Solicitors' Journal. 
 
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 only as a work ot reference, but also for those who can afford to give special time to 
 the 'study of the subject with which it deals."— Law Student's Journal. 
 
 Weaver's Precedents of Wills.— A Collection of Concise Precedents 
 of Wills, with Introduction, Notes, and an Appendix of Statutes. 
 By Charles Weaver, B.A. Post 8vo. 1882. 5s. 
 
 WINDING UP.— Palmer's Company Precedents.— For use in rela- 
 tion to Companies, subject to the Companies Acts, 1862—1890. 
 Part II Winding-Up Forjis and Practice. Arranged as follows : — 
 Compulsory Winding-Up, Voluntary Winding-Up, Winding-Up 
 under Supervision, Arrangements and Compromises, with copious 
 Notes, and an Appendix of Acts and Rules. Eighth Edition. By 
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 Barristers- at- Law. Royal 8vo. 1900. 32s. 
 
 " Palmer's ' Company Precedents ' is the book par excellence for practitioners. 
 It is needless to recommend Mr. Palmer's book to the profession, for it 
 is already known and appreciated. We advise those who have any doubts to con- 
 sult it, and they will be in agreement with us."— Law Journal. 
 
 " Simply invaluable, not only to company lawyers, but to everybody con- 
 nected with companies."— Mnandal Xews. 
 
 WORKMEN'S COMPENSATION ACT.— T*de "Employers' Lia- 
 bility." 
 
 WRECK INQUIRIES.— Murton's Law and Practice relating to 
 Formal Investigations in the United Kingdom, British Posses- 
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 the Incompetency and Misconduct of Ships' Officers. With 
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 Arnould on the Law of Marine Insurance. — Seventh Edition. By 
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 at-Law. (In the press.) 
 
 Brooke's Treatise on the Office and Practice of a Notary of 
 England.- — With a. full collection *of Precedents. Sixth Ed. By 
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 Campbell's Ruling Cases. — Arranged, Annotated and Edited by 
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 Vol. XXIII. " Relief " to " Sea." (Marly ready.) 
 
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 Chitty's Forms of Practical Proceedings in the Queen's Bench 
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 Digest of Cases, Overruled, Approved, or otherwise specially 
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 Under the General Editorship of JOHN MEWS, Barrister-at-Law. 
 
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 II. — Action— Amendment. 
 
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