'HE STUDENTS GUIDE AND PERSONAL PROPERTY Xndermaur and th waives ^&i5^ %\\iii CSiHoa i SOLICITORS' T X^l*i (m m RMEDIATE UNIVERSITY OF CALIFORNIA Prizeman, LOS ANGELES f Common " Epitomes SCHOOL OF LAW OHAELES LIBRARY 1880 ; and Lid Eeardon " A Guide th Students W. JOH No vein Law,"' " Man of Leading ( THWAITES lieal Property Prizeman, ar to Criminal I for the above Examinations in class, privately, or through the post. A four months' course of reading is recommended for the Solicitors' Final Examination, and a longer period is often advisable if the Student has neglected his reading or is specially desirous of taking Honours. A three months' course of reading is recommended for the liar Einal and for the Solicitors' Intermediate. Pull particulars can be obtained, either personally or by letter, from Mr. Indeemaue or Mr. Thwaites, at 22, CHANCERY LANE, LONDON. Demy 8vo. (419 pages). Published at Itis. ; Cash 13s. ; or Post Free, for Cash with Order, 13s. 6d. SECOND EDITION. REVISED AND ENLARGED. A MANUAL OF THE PRINCIPLES OF EQUITY (Together witli a SUPPLEMENT, bringing the Work down to date). A Concise and Explanatory Work on E(|uity , specially AYritten for Students, and intended in particular as a complete Text-Book for Students for the Solicitors' Final Examination, By JOHN INDERMAUR, Solicitor, Author of " Principles of Common Iaiw," " Epitomes of Leadiin/ f'ase.i,'" « Mnmial of I'niclici-" etci etc. OPINIONS OE THE PJtESS OX THE SECOND EDITION. "This manual is an excellent one for the purposes for which it is primarily intended, and tho- roughly deserves its popularity. It is clear throughout, and the effect of the leading cases admirably stated. For all that, its size precludes it from being of great assistance to the profession. They will turn as heretofore to the larger works on the same subject, such as White and Tudor s Leading Cases in Equity. But, as .Mr. Indeioiaur states in the preface to his first edition, the first object of the book is to assist students. For this purpose it is well suited, and there is no doubt that the careful student will gather from its pages a fair general knowledge of the Principles of Equity. Though intended as a means of preparation for the Bar and Solicitors' Examinations, it is consider- ably more than a mere ' cram ' book and a collection of examination ' tips.' The student will gain a real insight into Chancery law by its perusal. The cases cited are ample for the student's purpose, and it is, we think, a great merit of the book that it is not overloaded with cases in which no new- principle is laid down. By the multiplication of compuratively unimportant cases, the student's mind is often confused, and the principles of equity lost sight of. Mr. Indermack's Index is excel- lent, and the Appendix contains a useful selection of extracts from recent statutes affecting trustees.' —Law 7'imps, l.ith February, liSitU. '> The first edition of this little book was published in 1886, and so well has it been received by students that a new issue is now called for. Mr. Indermaur's experience in writing for students has been acquired in the course of a long career of successful coaching, which has enabled him to put clearly and concisely before his readers just that which will be of most service to them. The book has been amplified and carefully revised, and some portions cf it have been practically re-written. — Lajc Journal, Kth .March, lSi)U. . . " When we received the first edition of this work we mentioned that its defect, m our opinion, was that it was not wide enough nor deep enough. In the pre-ent edition the author has endeavoured to meet this by somewhat enlarging the scope of his work. Like all Mr. Indermaih s works the matter treated of is excellently dealt with." — Gibson's Law Notes, February, 189U. LONDON: GEO BARBER, Ifi, (TRSITOU STREET. CHANCERY LANE. Demy 8vo. Price 5s. 6d. ; Cash, 4s. t:d. ; or Post Free, 4s. !id. THIRD EDITIO.N. The STUDENT'S Guide to Prideaux-s Conveyancing, By JOHN INDERMAUR. Solicitor, &c.. Author of " Principles of Common Laic," "■Manual of Practice," "■Manual of the Principles of Equitii" '•^ Epitomes of Leadimj Cases," etc., etc.. Being NOTES ON PRIDEAUX (15th EDITION), Interleaved for the Use of Students. And with a Set of Test Questions on the Work ; Epitomes of various Acts of Parliament, including the Vendor and Purchaser Act, 1874 ; The Conveyancing Acts, 1881 to 1892; The Settled Land Acts, 188'2 to 1890 ; The Trustee Act, 1888 ; The Trust Investment Act, 1889. A FEW OPINIONS OF THE PHESS ON THE SECOND EDITION. " Mr. Indermaur has furnished the student with a very useful book to guide him in his study of the larger work by Prideaux. Pages 1-:18 cont lin a series of carefully prepared notes (supported in manv instances by reference to recent decisions) upon the system of conveyancing— the duties, obhgations, and liabilities of parties, and the nature of the various estates. These notes ar_' inter- leaved to enable the student to add tj them. Pages :v.)-'>i) contain a set of test questions, with references after each question to the pages in Prideaux where the answer may be found. The advantage of studv by 'question and answer' is too well appreciated to need commendation here. The remainder of the work (pages 51-90) consists of an epitome of the Vendor.s' and Purchasers' Act, 1874, Conveyancing and Law of Property Act, 1881, Settled Land Act, 1882, Conveyancing Act, 1882, and the Married Women's Property Act, 1882. Precedents of forms are given under the Conveyancing Act, 1881, and, at the end of each epitomised statute, the author briefly comments upon the changes thereby effected in the law." — Law Times, .July 21, 188H. "■] his appears in a second edition. The book is a scries of Notes on Prideaux's Conveyancing, and will save students the labour of annot.ating that work for themselves. ... A set of test questions and an epitome of the leading statutes are added for the benefit of the student."~/'«my< Court, May, 1885. *' Mr, indermaur has improved the first edition of his little book. The extreme lucidity and accuracy of Prideaux's • Conveyancing,' make it peculiarly suitable for use by students, and they will find Mr." Indermaur's edition jiist what they refimre."— Law .Journal, Ifi May, 1885. " .Mr. Indermaur's Manual is a neat little book, and looks as if its success (for it has quickly reJiched a second edition) was well deserved."— T"/!*- L<(w (iuarterly lieviev. Published by GEO. BARBEH, at the Office of the " Law Students' .lournal," 16, Cursitor Street, E.C. THE STUDENT'S GUIDE TO REAL AND PERSONAL PROPERTY THE STUDENT'S GUIDE TO THE LAW OF EEAL & PEESONAL PEOPEETY. BY JOHN INDERMAUR, Solicitor, First Prizeman, Michaclmcui, 1S72; AiTiioii OK "ritiNciiM.KS uv Common Law," "Manual or EyiiTV," "Manial ok ruArrirE," "TnF Stident's riuiDE TO Trusts and PARTNErtsiiip," " The Stihent's ririnE TO Common IE To CiiiMiNAi. Law," Ktc, Kti-. THlRh ElilTlOX. T, ON DON : PRINTED AND TUBLISHE]) DY GEO. BARBEK, "LAW STUDENTS' JOUKNAL " OFFICE, Hi .»t 17, CURSITOK STliEKT, CHANCKRY T-ANE, E.C. 189;^. Price Ten S/iillin(/s, LONDON : PRINTED BV GEO. BARBER, CURSITOR 3TREKT, CHANCERY LANE, E.C. T TnZAs ADVERTISEMENT TO THIRD EDITION. The Second Edition of this Guide was puhlished in Marcli, 18H9, and has now he.en out of print for some time. The Authors have therefore prepared this Edition, in which the whole matter has been thoroughly reconsidered and revised, and a selection of Questions and Answers at past examinations given down to, and including, the last Bar Final. Many former Questions and Answers have been eliminated, and every endeavour has been made to avoid repetition and keep the work within a reasonable compass. The work forms the Fourth of the series of Guides to the Bar Final, the first being on Trusts and Partnership, by Mr. Indermaur, a Second Edition of which has been published; the second on Criminal Law by Mr. Thwaites, of which a Third Edition has been published ; the third on Common Law and Practice by Mr. Indermaur, of which a Second Edition has been published ; and the fifth on Specific Performance and Mortgages, by Mr. Indermaur and Mr. Thwaites. Mr. Indeemaue, assisted by Mr. Thw-aites, continues to prepare Students, ])oth in class and privately for the Bar Final Examinations, Solicitors' Final (Pass and Honours) Examinations, and the Solicitors' Intermediate Examinations. Particulars on application, personally or by letter, to Mr. Indennaur, '22, Chancery Lane, W.C, May, 1893. >^jr.:>9 0,^0 CONTENTS I. The Course or Reading II. Epitomes of Statutes — (1.) Epitome of the Couveyaucmg Act 1881 (2.) „ „ - „ 188L> (3.) „ „ „ 1892 (4.) ,, ,, SettledLand Act 1882 (5.) „ „ „ 1884 (6.) „ „ „ 1890 III. List of Imtortaxt Statutes PACiE 1 22 27 29 39 41 45 IV. Test Questions on the Law of Keal and Personal Property ......... 48 V. Digest of Questions and Answers on the Law of Real and Personal Property — (1- (2. (3. (4. (5. (6. (7. (8. (9. (10. (11. (12. (13. (14. '15. Introductory Tenures, Estates, &c. . Life Estates, Settled Land Acts, &c. Estates Tail Devolution on Death . Ownership .... Future Estates and Interests Uses and Trusts Alienation Inter Vivos Wills .... Husband and Wifi; — Settlements Incorporeal Hereditaments Copyholds Lcaseljolds, &c. Mortmiu'cs, iS:c. (1(5.) Title and Miscclluin'ous I'oiut.- 59 65 69 81 85 93 98 116 122 134 147 155 1 02 166 173 182 THE STUDENT'S GUIDE TO THE LAW OF EEAL & PERSONAL PROPERTY. I.— THE COUKSE OF BEADING. The design of this Guide is to assist law students in general, and in particular those reading for the Bar Final Examina- tion. We propose to give our readers general advice and assistance by suggesting what they should read, furnishing them with certain material to read, giving a set of test questions, and finally concluding with a digest of questions and answers framed from the actual questions hitherto asked at the Bar Final. The Council of Legal Education have now prescribed a course of study for the Bar Final which they estimate will cover a period of two years. The following is a condensed copy of the prospectus issued in 1892 : — Iter/ulations . 1. Candidates for the Pass Examination will be examined at their option in any three of the following subjects, in addition to Roman Law — I. Elements of the Law of Real and Personal Property. II. Elements of the Law of Contracts and Torts. III. Principles of Equity, Trusts, and Easements. IV. Procedure and Evidence. V. Constitutional Law and Legal History. Such Candidates will also be examined in one of the following group of subjects. A, B, C, such group to be selected by the Candidate — Purchases and Leases. Mortgages. Settlements and Wills. Negotiable Instruments. B \ Agency in Mercantile Contracts. Contracts of Sale of Goods. 2 THE STUDEXT'S GUIDE TO THE LAW OF i Administration of Assets on Death. Specific Performance. Partnership and Winding-up of Companies. 2. Candidates for Honours will be examined in all the above subjects. 3. Up to January, 1894, both for Pass and Honours Examinations the above subjects will be examined upon so far only as treated in the lectures and classes since January, 1892 ; and after January, 1894, so far only as treated in the lectures and classes during the two years preceding each Examination. The Honours Examinations in connection with the Bar Final are now held twice in each year. They are open to students who are under 25 years of years. At each such examination one studentship of £105 yearly for three years is awarded and certificates of honour are also awarded, and a pass certificate entithng to call to the bar without further examination may be awarded to any candidates who do not get honours. We understand that a student who has passed the Bar Final can subsequently sit for the Honours Examination before he is called. The student who desires to attain a thorough knowledge rather than to merely satisfy the very reasonable demands of the examiners will find the following a good course of reading : — 1. Eead Williams' Eeal Property. 2. Bead Wilhams' Personal Property. 3. Bead Goodeve's Modern Law of Beal Property. 4. Bead Goodeve's Law of Personal Property. 5. Make a separate reading of the Conveyancing and Settled Land Acts. 6. Bead Smith's Compendium of the Law of Beal and Personal Property. 7. Bead Tudor' s Leading Cases on Conveyancing. 8. Bead the portions of Elphinstone's Introduction to Conveyancing and of the dissertations in Prideaux's Conveyancing, referring to some of the Precedents. 9. Specially analyze and consider the Statutes, of which a list is given in this work {post, page 45). REAL AND PERSONAL PROPERTY. 3 We think that the works might well he read in the order ahove detailed; but certainly, to conclude, Williams' Keal Pro- perty and Williams' Personal Property, or Goodeve'sKeal Pro- perty and Goodeve's Personal Property should be read again. With regard to Tudor's Conveyancing Cases, if the student should not be able to read the whole work, we give a list of the most important cases, and would remark that the notes to these cases are even more important than the cases themselves : — Alexander v. Alexander. Bowles' (Lewis) Case. Braybroke (Lord) v. Inskip. Cadell v. Palmer. Corbyn v. French. Elliott V. Davenport. Fox V. Bishop of Chester. Gardner v. Sheldon. Griffiths V. Vere. Hanson v. Graham. Morley v. Bird. Pawlett V. Pawlett. Kichardson v. Langridge. Shelley's Case. Stapleton v. Cheales. Sury V. Pigot. Tyrringham's Case. Viner v. Francis. Wild's Case. The really industrious student will read these cases and notes from " Tudor," but in doing so, he will find it an advantage to have by him " Indermaur's Epitome of Lead- ing Conveyancing and Equity Cases," which contains all the above ; and, having read the particular cases and notes in the large volume, he can then turn to the Epitome and read that, and. very likely, may be able to add to the notes there. In B 2 4 THE student's GUIDE TO THE LAW OF default of reading the large work, a perusal of the cases and notes in the Epitome will be of service. With regard to the Conveyancing and Settled Land Acts the student should read any good edition, say Wolstenholme and Turner, or Hood and ChalHs. If time permit, he will find the notes following the various sections of great service. Some of the sections are long and complicated, and an Epitome of the Acts will manifestly be of service. We have therefore given such an Epitome (see post, page 6), and this should be studied in conjunction with the Acts ; the condensa- tion of the sections will tend to impress their provisions on the student. Some students may perhaps only find time to go through the Epitome, though here and there they will find it necessary to refer to the Acts. Smith's Compendium is a hard work, and one upon which it will be found very useful to take notes during the reading. The student who does not care to tackle Smith, but wishes to read something besides Williams and Goodeve will find a perusal of Edward's Compendium of the Law of Property in Land repay him well for the time spent on it. As to taking notes, they are useful in moderation, but great moderation should be observed. It is useless to put down in a note-book a lot of points merely for them to stop there and not be remembered. With regard to our list of Statutes, a great many of them will be found sufficiently touched upon in the works we have set for the student's reading, but if time permit, it will be found very advisable to also consider them separately, either by reference to the text books, or, in some cases, to the Statutes themselves, and, to save time, an epitome of them will be found extremely useful. We recommend Marcy's Epitome of Conveyancing Statutes ; and as to the Convey- ancing and Settled Land Acts, we have already dealt with them specially, and given in this work our own Epitomes of them (see j>o-';^, page 6). REAL AND PERSONAL PROPERTY. 5 Thus, then, we have mapped out for the student what we consider a very thorough course of reading. We wish now to deal with students who have not time, or who are not wilhng, to go through so much, and to these we would say, omit Smith's Compendium and Tudor's Conveyancing Cases, but do not fail to reeid the cases given (and the notes) in Indermaur's Epitome of Conveyancing Cases. A separate study of the Statutes, other than the Conveyancing and Settled Land Acts, may no doubt also be omitted. All should, however, strive to commit to memory the references or short titles of the most important of the Statutes. Finally, we have to deal with those who will not, or cannot, even go through this modified course, meaning to do only what is actually essential. To such we can only say, omit also Williams' Eeal Property and Wilhams' Personal Property, and Prideaux, and that will leave for essential study Goodeve's Eeal Property, Goodeve's Personal Pro- perty, Elphinstone's Conveyancing, the Conveyancing and Settled Land Acts, Epitome of Cases, and something in the shape of a consideration of the Statutes. If time is very pressing we may also add that it may be sufficient as regards Goodeve's Personal Property to read only Chapters 6, 13, 16 and 20. All classes of readers should, however, carefully study the Test Questions, and the Digest of Questions and Answers given in this work (see^os^, pages 48 and 59, et seq). As to the Test Questions, they should be considered and studied during, or directly after, a perusal of the text books, and it will be excellent practice to write out answers to the Test Questions, or, at any rate, to a number of the more important of them. These Test Questions are mainly founded on Mi-. Wilhams' and Mr. Goodeve's works. The final study with every one, to conclude the course of reading, should be the Digest of Questions and Answers, for by means of those the student's knowledge is focussed and brought as it were to a point. THE student's GUIDE TO THE LAW OF II.— EPITOME OF THE CONVEYANCING AND SETTLED LAND ACTS. 44 & 45 Vict., C. 41. Conveyancing and Law of Property Act, 1881. (Gojnmencement of Act, 1st January, 1882.) Part I. — is Preliminary and gives Definitions. Part II. — Sales and other Transactions. Sec. 3. — (1.) Under a contract to sell and assign a term of years derived out of a leasehold interest in land, the in- tended assign has no right to call for the title to the lease- hold reversion. (2.) A purchaser of enfranchised copyholds has no right to call for the title to make the enfranchisement. (3.) A pm'chaser not to require any abstract or copy or production of any instrument affecting title prior to time prescribed (by law or agreement) for commencement of the title, even although the same creates a power subsequently exercised by an instrument abstracted in the abstract fur- nished to purchaser ; and no prior enquiry to be allowed ; and recitals in abstracted documents as to prior title to be presumed coiTect unless contrary appears. (4.) Where land sold is held by lease (not including underlease), purchaser shall assume, unless the contrary appears, that the lease was duly granted ; and on production of receipt for the last payment due for rent, shall assume, unless the contrary appears, that the rent and all covenants have been duly paid and performed up to completion. (5.) Where land sold is held by miderlease, the purchaser shall assume, unless the contrary appears, that the under- lease and every superior lease were duly granted ; and on production of receipt for the last payment due for rent, EEAL AND PERSONAL PROPERTY. 7 shall assume, unless the contrary appears, that the rent and covenants have been duly paid and performed up to completion of the purchase, and further that all rent due under every superior lease, and all covenants therein have been duly paid and performed up to that date. (6.) On a sale of any property, the expenses of the pro- duction and inspection of all documents not in the vendor's possession, and the expenses of all journeys incidental to such production or inspection, and all other expenses relating thereto, and all attested, stamped, office or other copies thereof, shall be borne by the purchaser ; and where the vendor retains possession of any document, the expenses of making any copy which a purchaser requires shall be borne by such purchaser. (7.) On a sale of any property in lots, a purchaser of two or more lots, held wholly or partly under the same title, shall not have a right to more than one abstract of the common title, except at his own expense. (10.) This section applies only to sales made after 1881. Sec. 4. — Where any person dies after 1881, leaving a contract enforceable against his heir (or devisee) for the sale of the fee simple or other freehold interest descendible to his heirs general, his personal representatives shall have power to convey the same. Sec. 5. — Where land subject to any incumbrance is sold, the Court may, on application of any party to the sale, allow payment into Court of a sum sufficient to meet such incum- brance, and any costs and interest (not usually exceeding one-tenth of original amount paid in), and thereupon Court may declare land to be freed from such incumbrance. The Court has power afterwards, on notice to persons interested in the fund paid in, to direct transfer thereof. Sec. 6. — In conveyances made after 1881, the ordinary " general words " formerly inserted after the parcels are deemed to be included. 8 THE student's GUIDE TO THE LAW OF Sec. 7. — (1.) In conveyances, settlements, assignments, mortgages, &c., made after 1881, if grantor is expressed to convey as beneficial owner, the ordinary covenants for title (as heretofore inserted) shall be implied. (2.) Where a conveyance is made by a person by direction of the beneficial owner, such beneficial owner shall be deemed to convey as beneficial owner, and covenants on his part shall be implied accordingly. (3.) Where, in a settlement, the grantor con- veys as settlor, a limited covenant for further assurance is implied. (4.) When any person conveys as trustee, or as viortgagee, or as jpersonal representative of a deceased person, or as committee of a lunatic, or under an order of Court, a covenant is implied that such person has not incumbered. (5.) Where husband and wife convey as beneficial owners, the wife to be deemed to convey by direction of husband, and, in addition to the covenant implied on the part of the wife, there shall be implied (a) a covenant on the part of the husband as the person giving that direction, and (b) a covenant on the part of the husband in the same terms as the covenant implied on the part of the wife. (6.) Section not to extend to leases at a rent, or to any customary assurance except a deed conferring right to admittance. Sec. 8. — In sales after 1881, purchaser not to be entitled to require that deed shall be executed in his solicitor's pre- sence, but, at his own cost, can nominate a person (who may, if he thinks fit, be his solicitor) to attest vendor's execution. Sec. 9. — Where a person retains possession of documents and gives to another an acknowledgment in writing of the right of that other to production of those documents and to delivery of copies thereof, or an undertaking in writing for safe custody thereof, such acknowledgment and undertaking respectively, shall have generally the same effect as the ordinary covenants for the purpose heretofore entered into, and shall satisfy any liability to give any such covenants. REAL AND PERSONAL PROPERTY. 9 Part III. — Leases. Sec. 10. — In leases made after 1881, the rent and benefit of lessee's covenants and conditions of re-entry are to run with reversion, notwithstanding severance of reversionary estate, and are recoverable and enforceable accordingly. Sec. 11. — Like provision with regard to the obligations imposed by lessor's covenants. Sec. 12. — Also on any severance of reversion, every con- dition, right of re-entry, &c., shall be apportioned. Sec. 13. — On a contract, made after 1881, to grant a lease for a term of years to be derived out of a leasehold interest with a leasehold reversion, the intended lessee shall not have the right to call for the title to that reversion. Sec. 14.— (1 and 5.) Lessor cannot enforce a condition of re-entry or forfeiture in lease — except a condition (1) against assigning or underletting, or (2) for forfeiture on bankruptcy or execution,* or (3) on breach of the covenant for inspection in a mining lease, until he has served on lessee a notice specifying breach, and (if capable of remedy) requiring him to remedy same, and demanding compensation, and lessee fails within a reasonable time to comply therewith. (2.) Where lessor is proceeding to enforce any such condition, the Court has power in lessor's action, or in any action brought by lessee, to grant lessee relief on such terms as it shall think fit. ^7.) 22 & 23 Vict., c. 35, sees. 4 to 9, and 23 & 24 Vict., c. 126, sec. 2, are repealed. (8.) This section does not affect law relating to re-entry or forfeiture or relief in case of non-payment of rent. (9.) This section applies to all leases whenever made, and shall have effect notwithstanding any stipidation to tJte contrary. Part IV. — Mortgages. Sec. 15. — In all mortgages (whenever made, and even if * But aee sec. 2 of Conveyancing Act 1892, poet page 27. 10 THE student's GUIDE TO THE LAW OF expressly stipulated to the contrary) the mortgagee —not having been in possession — is bound (if required) on payment to assign the mortgage debt and transfer the mortgage property to any third person instead of reconveying. (See section 12 of Conveyancing Act 1882, ])ost, page 26.) Sec. 16. — Mortgagor, whilst he has right of redemption, under a mortgage made after 1881, to have right on payment of mortgagee's costs to inspect and make copies, &c., of title deeds. Sec. 17. — The doctrine of consolidation shall not apply to a mortgage made after 1881, unless the mortgage says otherwise. Sec. 18. — A mortgagor in possession, and a mortgagee m possession respectively can make absolutely binding leases as follows : — An agricultural or occupation lease not exceeding 21 years, and a building lease not exceeding 99 years ; such lease to take effect within 12 months from date, to be at the best rent that can be obtained, without fine, to contain a covenant for payment of rent and condition of re-entry on non- payment for not exceeding 30 days, and a counterpart to be executed by lessee and delivered to lessor ; of which execu- tion and delivery the execution of lease by lessor shall in favour of lessee be sufficient evidence. A building lease must be in consideration of houses or buildings erected or improved &c., or to be erected or improved &c., \\'ithin 5 years from date ; and a nominal or less rent than that ultimately payable, may be reserved for first 5 years or any part thereof. A mort- gagor leasing under this section must, within one month of making the lease, deliver to the mortgagee (or where more than one, to mortgagee first in priority) the counterpart duly executed by lessee ; but the lessee is not to be concerned to see that this provision is complied with. All this is subject to the express provisions of the mortgage deed ; and applies only to mortgages made after 1881, unless otherwise agreed in vTriting. REAL AND PERSONAL PROPERTY. 11 Sec. 19. — Mortgagee under deed executed after 1881 has following powers : — When pri)ici2Jal money due, power of sale in the ordinary way, and also power to appoint a receiver ; and, at any time after date of deed, power to insure against fire ; and, when in possession, power to cut and sell ripe timber (not planted for shelter or ornament), such sale to be completed within 12 months from the contract. These powers may be varied or extended by the mortgage deed. Sec. 20. — The said power of sale not to be exercised (1) until default in payment for three months after notice served on mortgagor, or one of the several mortgagors, or (1) unless interest in arrear for tiDo months, or (3) there is breach of some other provision in the mortgage deed. Sees. 21 and 22. — Mortgagee selling under above power can convey whatever interest in the property is the subject of the mortgage* to the purchaser, whose title is not to be impeached, though the sale was not under the circumstances authorised. Money received from sale to be applied in discharging prior incumbrances, then costs of sale, then the mortgage debt with interest and costs, and then any balance to mortgagor. Mortgagee not to be liable for any involuntary loss on sale. The sale may be by any person for" the time being entitled to receive and give a discharge for the mort- gage money. Mortgagee's receipt to be sufficient discharge to purchaser. Sec. 23. — Insurance against fire by mortgagee under sec. 19 shall not exceed amount specified in mortgage deed ; or (if no amount specified) two-thirds of the amount required in case of total destruction to restore the property insured. The said power to insure is not to apply where there is a declaration in the mortgage that no insurance is required, or where mortgagor keeps up insurance in accordance with the mortgage deed, or where the mortgage deed contains no * He cannot convey the legal estate if he has not got it. Re Hodson and Howe's Contract, 56 L. J., Ch., 755. 12 THE student's GUIDE TO THE LAW OF covenant as to insurance but mortgagor insures to the amount which the mortgagee is authorised to insure for. All money received under insurance shall, at the option of mortgagee (and without prejudice to any obligation imposed by law or special contract), be applied in rebuilding, or towards discharge of mortgage debt. Sec. 24. — (1 to 5.) The power to appoint a receiver con- ferred by sec. 19 shall not be exercised until mortgagee has become entitled to exercise power of sale given by Act. Then he may be appointed by writing under mortgagee's hand, and in like manner he may be removed and a new receiver appointed. "When appointed, receiver to have all full and necessary powers ; and to be deemed the agent of the mortgagor, who is to be solely responsible for his acts and defaults, unless the mortgage deed otherwise provides. Any person to be safe in paying to receiver. (6.) Eeceiver may retain out of moneys received — by way of remuneration and in satisfaction of all costs, charges, and expenses incurred by him as receiver— a commission at such rate, not exceeding 5 per cent, on the gross amount received, as is specified in his appointment, and if no rate specified, then at the rate' of 5 per cent, on that gross amount, or at such higher rate as the Court, on the receiver's application, thinks fit to allow. (8.) Eeceiver to apply moneys thus : — {a) In discharging rents, rates, outgoings, &c. ; (6) In keeping down all annual or other payments, and the interest on any principal sums, having priority ; (c) In payment of his commission, and any premiums on proper policies of insurance, and any necessary or proper repairs directed in writing by the mortgagee ; (cZ) In payment of interest accruing due under the mortgage ; and (e) The residue he shall pay to the person who, but for his possession, would have been entitled to receive the income of the mortgaged property. Sec. 25. — Any person entitled to redeem can insist on a REAL AND PERSONAL PROPERTY. 13 judgment for sale, instead of for redemption, if he brings an action for redemption, or for sale, or for sale or redemption in alternative. In any action for foreclosure, sale or re- demption, the Court may, on request of any person interested, direct a sale on such terms as it thinks fit, including if it thinks fit, the deposit in Court of a reasonable sum to meet expenses of sale and to secure performance of the terms. In an action brought by a person interested in the right of redemption and seeking a sale, the Court may direct the plaintiff to give security for costs, and may give the conduct of the sale to any defendant, and may give such directions as it thinks fit respecting the costs of the defendants. The Court may direct a sale without j)reviously determining the priorities of any incumbrancers. 15 & 16 Vict., c. 86, sec. 48, is repealed. Pai't V. — Statutory Mortgage. Sec. 26. — A mortgage of freeholds or leaseholds may be by deed expressed to be made by way of statutory mort- gage in the form given in Part I. of Schedule 3 to Act, with such variations as necessary. In such a deed there shall be implied — (a) covenants for repayment of principal, and for payment of interest half-yearly, and (b) proviso for redemption on payment. Sec. 27. — (1 and 2.) A transfer of such a statutory mort- gage may be by deed, by way of statutoiy transfer, in such one of the three forms, A, B, and C, given in Part II. of Schedule 3 to Act, as may be appropriate, with such varia- tions as necessary ; and such a transfer shall vest in trans- feree all powers and rights as if he had been original mort- gagee. (3) If the transfer is in the form B — i.e., mortgagor joining in transfer — a covenant shall be implied by him to pay the principal money on the next day fixed for payment of interest, and if not then paid to continue to pay interest. Sec. 28. — On a statutory mortgage or statutory transfer — 14: THE student's GUIDE TO THE LAW OF if there are several mortgagors or covenantors, any implied covenants are to be deemed joint and several ; and if there are several mortgagees or transferees, any implied covenants to be deemed with them jointly, unless mortgage money expressed to be secured in shares or distinct sums, when covenants to be deemed vdth each severally as regards the sum secured to him. Sec. 29. — A reconveyance of a statutory mortgage may be by statutory reconveyance, in form given in Part III. of Schedule 3 to Act, with variations as necessary. Part VI. — Trust and Mortgage Estates on Death. Sec. 30. — If a sole trustee or mortgagee dies after 1881, the trust or mortgage estate* shall, notwithstanding any testamentary disposition, go to his personal representatives, who shall have all proper powers, and shall be deemed, for the purposes of this section, the heirs and assigns of the deceased within the meaning of all trusts and powers, 37 & 38 Vict., c. 78, s. 4, and 38 & 39 Vict., c. 87, s. 48, repealed. Part VII. — Trustees and Executors. Sec. 31. — "When, in trusts created before or after 1881, any trustee is dead, or remains abroad for more than a year, or desires to be discharged, or refuses or is unfit to act, or is incapable of acting, then the person or persons (if any) nominated by the instrument creating the trust, and if none, or none able and willing to act, then the surviving or con- tinuing tiTistees or trustee, or the personal representatives of the last surviving or continuing trustee, may appoint new trustees or trustee, and so that the original number of trustees may be increased or diminished, but, except when only one trustee was originally appointed, there must be always two * By section 45 of the Copyhold Act 1887, this provision does not apply to trust or mortgage estates in copyholds of inheritance, which still go to the devisee or heir. REAL AND PERSONAL PROPERTY. 16 trustees to perform the trust. The provision as to a dead trustee includes the case of a trustee under a will pre- deceasing testator, and that relative to a continuing trustee includes a refusing or retiring trustee. This section is subject to any contrary intention, or any terms or provisions, in the trust instrument, (See also 1882 Act, sec. 5, and 1892 Act, sec. 6, i^ost, pages 23 and 28.) Sec. 32. — When, in trusts created before or after 1881, there are more than two trustees, if one by deed declares that he is desirous of being discharged, and if his co-trustees and «;ny other person empowered to appoint trustees consent by deed to his discharge and to the vesting in the co-trustees alone of the trust property, then the trustee desirous of being discharged shall be deemed to have retired, and shall by the deed be discharged from the trust, without any new trustee being appointed in his place. This is subject to any contrary intention, or any terms or provisions, in the trust instrument. Sec. 33. — "When the Court appoints new trustees, any such new trustee shall as well before as after the trust property becomes properly vested in him, have all powers, &c., as if he had been originally trustee. Sec. 34. — In deeds executed after 1881, either appointing a new trustee or discharging a retiring trustee, a mere declaration that the trust property shall vest in the new trustee or continuing trustee, as the case may be, shall have all the effect of a conveyance or assignment. But this does not apply to (1) copyholds, (2) mortgages, and (3) shares, stocks, &c. — all of which must still be separately conveyed. Sec. 35. — In trusts created after 1881, and subject to any contrary provision or intention in the instrument, trustees having a power of sale may sell or concur with any other person in selling all or any part of the property, subject to prior charges or not, by public auction or private contract, and generally as they think fit. 16 THE student's GUIDE TO THE LAW OF Sec. 36. — Trustees' receipts for any money, securities, or other personal property, payable or deliverable to them under their trust, to be a sufficient discharge. Sec. 37. — In all executorships and trusts existing either before or after 1881, and subject to the provisions or inten- tions of the trust instrument — executors may pay or allow- any debt or claim on any evidence they think sufficient ; and one executor, or two or more trustees acting together, or a sole acting trustee where authorised to act by himself, shall have full power to accept comx^ositions, or take security for debts, or to allow time, or submit to arbitration, or retease or settle debts, &c., provided any such act done in good faith. This section does not apply to an administrator, hire Clay and Tetley, 16 Ch. D., 3.] Sec. 38. — In executorships and trusts constituted after or created by instruments coming into operation after 1881, powers given to two or more executors or trustees jointly, may, unless contrary expressed, be exercised by survivor or survivors. Part VIII. — Married Women. Sec. 39. — Notwithstanding a married woman is restrained from anticipation, the Court may, if it think fit, where it appears to be for her benefit, by judgment or order, with her consent, bind her property. Sec. 40. — A married woman, whether an infant or not, shall have power to appoint an attorney to execute any deed or do any act which she herself might execute or do. Part IX.— Infants. Sec. 41. — Where an infant is entitled to a fee simple, or to any leasehold interest at a rent, the land to be deemed a settled estate within the Settled Estates Act 1877. Sec. 42. — When under an instrument coming into opera- tion after 1881, an infant is beneficially entitled to possession of any land, and, if a woman, unmarried, the trustees under REAL AND PERSONAL PROPERTY. 17 settlement, or trustees appointed by the Court on the apphca- tion of guardian or next friend of infant, may enter into and continue in possession of the land, and shall then have full powers to cut timber in usual course for sale or repairs, to pull down and rebuild houses, &c., and generally manage the property in the same way that infant might, if of full age, and may apply the income in keeping down expenses of management and (at their discretion) for maintenance of infant, and shall invest and accumulate the residue in trust for infant on attaining 21, or, if a woman, married whilst an infant, for her separate use, or if infant dies, in trust for the parties then entitled. These provisions only apply so far as no contrary intention in the instrument under which infant derives the property. Sec. 43. — Trustee (under any instrument operating either before or after 1881) shall, unless instrument says other- wise, have absolute discretion to apply income for the maintenance, education, or benefit of any infant either absolutely or contingently entitled, and may for tin's purpose resort to accumulations of past years. Part X. — Bent Charges, dc. Sec. 44. — A person entitled to a rent charge, or other similar annual payment, uncle?' some instrument coming into operation after 1881 has the following powers to recover and enforce it : — {a) If in arrear for 21 days, power of distress ; (6) If in arrear for 40 days, power to enter into possession and take income till satisfaction ; (c) If in arrear for 40 days — instead of or in addition to (b) — power to demise tlie land to a trustee for a term of years on trust, by mortgage or sale or demise of the term, to raise the money to satisfy him. These powers are subject to any contrary provisions or intention in the instrument. Sec. 45.— Any quit rent, chief rent, rent charge, or other annual sum issuing out of lands, — which is perpetual and is c 18 THE student's GUIDE TO THE LAW OF not tithe rent charge, or rent reserved on a sale or lease, or rent payable under a grant or licence for building purposes — can be redeemed by the landowner. He must obtain a certificate from the Land Department of the Board of Agi'i- culture of the amount to be paid for redemption ; and then, after one month's notice to the person entitled to the rent, pay or tender the amount certified ; and the Department then give a conclusive certificate that rent is redeemed. Part XI. — Powers of Attorney. Sec. 46. — Person executing a deed under a power of attorney may execute either in his own name, or in the name of the donor of the power. Sec. 47. — Attorney not to be liable for any payment made, or other act done by him, bona fide, under a power without notice of donor's death, lunacy, bankruptcy, or revocation. But this does not affect any right against the person to whom money has been paid. Sec. 48. — Powers of attorney, on their execution being verified, may be deposited in the Central Office of Supreme Court of Judicature ; and an office copy thereof is suffi- cient evidence of the contents of the instrument and its deposit there. (Eules of Court may l)e made for carrying out this section.) Part XII. — Construction and Effect of Deeds, dc. Sec. 49. — In conveyances, either before or after 1881, the word ''Grant" is not necessary to convey any tenements or hereditaments. Sec. 50. — After 1881, freehold land, or a chose in action may be conveyed by one person direct to himself and another; or by a husband to wife, or wife to husband, either alone or jointly with others. Sec. 51. — After 1881, to pass a fee simple, the words " in fee simple" to be sufficient without word "heirs;" and to REAL AND PERSONAL PROPERTY. 19 create an estate tail, the words "in tail" to be sufficient without the words "heirs of the body;" and to create an estate in tail male or female, the words "in tail male," or "in tail female," to be sufficient. Sec. 52. — Any person entitled to a power, whether coupled with an interest or not, may, by deed, release or contract not to exercise it. (See also sec. 6 of 1882 kci, post, page 24.) Sec. 53. — A deed expressed to be supplemental to another shall be read and have effect as if endorsed thereon, or as if it contained a full recital thereof. Sees. 54, 55. — In deeds executed after 1881, receipt for consideration in the body of deed is sufficient -v^dthout a receipt endorsed ; and any receipt, whether in body or endorsed, shall be sufficient evidence of payment to satisfy any subsequent purchaser not having actual notice of non- payment. Sec. 56. — A solicitor in completing a purchase, &c., need not produce an authority from his client to receive the money, but his production of the deed duly executed, with receipt thereon, shall be sufficient authority for payment to him.* Sec. 57. — Deeds in the form in Schedule 4, or in like form, or using like expressions, shall be sufficient. Sec. 58. — Covenants made after 1881 — (a) relating to lands of inheritance, shall be deemed to be made witli the covenantee, his heirs and assigns, and {h) relating to other lands, shall be deemed to be made with the covenantee, his executors, administrators, and assigns. Sec. 59. — A covenant and a contract under seal made after 1881 (including a covenant implied under Act) shall, unless otherwise stated, bind the heirs and real estate (witli- out naming them) as well as the personal representatives and personal estate of the covenantor. * This is extended to cases whefe the vendors are trustees, by sec. 2 of the Trustee Act 1388, iis from l.st January, 1889. c 2 20 THE student's GUIDE TO THE LAW OF Sec. 60. — A covenant made after 1881 with two or more jointly shall (unless otherwise stated) enure for the benefit of the survivor or survivors, and any other person on whom the right to sue devolves. Sec. 61. — In a mortgage, transfer of mortgage, &c.,made after 1881, and subject to any contrary intention expressed in the instrument, when money is expressed to be advanced on joint account, or when the instrument is made to more persons than one jointly and not in shares, the money shall be deemed to belong to the mortgagees or transferees, &c., on a joint account as between them and the mortgagor or obhgor ; and the receipt of the survivors or survivor or per- sonal representative of the last survivor shall be a complete discharge, notwithstanding any notice to the payer of a severance of the joint account. Sec. 62. — Where, after 1881, freeholds are conveyed to the use that any person shall have an easement thereout, it shall operate to vest such easement in that person. gec_ 53. — In conveyances made after 1881, and subject to any contrary intention, " all the estate " clause is deemed to be included. Sec. 64. — In construing any covenant or proviso implied under this Act, words importing singular or plural number, or the masculine gender, shall be read as also importing the plural or singular number, or as extending to females, as case may require. Part XIII. — Long Term. Sec. 6-5. — Where a residue unexpired of not less than 200 years of a term, which, as originally created, was for not less than 300 years, is subsisting in land without any trust or right of redemption, and without there being (either originally, or by release, or other means) any rent, or with merely a peppercorn rent or other rent having no money EEAL AND PERSONAL PROPERTY. 21 value, incident to the reversion, then the term may be enlarged into a fee simple (to be subject, however, to the same trusts, powers, &c., as the term) by the execution of a deed containing a declaration to that effect by (a) Any person beneficially entitled in right of the term, wliether subject to any incumbrance or not, to possession of any land comprised in the teiTQ, but, in case of a married woman, with the con- currence of her husband, unless she is entitled for her separate use (whether with restraint on anticipation or not) and then without his concurrence ; (h) Any person being in receipt of income as trustee in right of the term, or having the term vested in him in trust for sale, whether subject to any incum- brance or not ; or (c) Any person in whom, as personal repre- sentative of a deceased person, the term is vested, whether subject to any incumbrance or not. (See sec. 11 of 1882 Act, post, page 26.) Part XI V .— Adoption of Act. Sec. 66. — All persons, whether solicitors, trustees, or the parties concerned themselves, adopting the provisions of the Act to be protected in doing so. Part XV. — Miscellaneous. Sec. 67. — All notices required by this Act nmst be in writing, and may be served by being left at a person's last known place of abode or business ; or, if to be served on a lessee or mortgagee, by being left for him on the land or at any house or building comprised in the lease or mortgage, or in case of a mining lease by being left at office or counting- house of the mine ; or by sending through the post a regis- tered letter, directed to the party by name at aforesaid place of abode, business, or counting-house, provided letter is not returned through the post undelivered. Sec. 68. — 5 & 6 Wni. IV., c. 62, may be cited by the short title of The Statutory Declarations Act 1885 in any 22 THE student's guide to the law of declaration made under or by virtue of that Act, or in any- other document, or in any Act of Parhament. Part XVI. — Court, Procedure, Orders. Sec. 69.— (1.) All matters within the jurisdiction of the Court under this Act shall be assigned to the Chancery Divi- sion. (3.) Every application under the Act, except where otherwise expressed, shall be by summons at chambers. (8.) Eules for purposes of Act to be deemed Kules of Court under sec. 17 of Appellate Jurisdiction Act 1876 (39 & 40 Vict., c. 59, sec. 17.) Sec. 70. — fl.) An order of the Court under any statutory or other jurisdiction, shall not, as against a purchaser, be invalidated on the ground of want of jurisdiction, or want of any consent, notice, or service. Part XVII.— Repeals. Sec. 71.— 8 & 9 Vict., c. 119, and 23 & 24 Vict., c. 145, sees. 11 to 30, are repealed ; but this is not to affect the validity or invahdity, or any operation, effect, or conse- quence of any instrument executed or made, or of anything done or suffered, before the commencement of this Act, or any action, proceeding, or thing then pending or uncom- pleted ; and every such action, proceeding, and thing may be carried on and completed as if there had been no such repeal in this Act. Part XVIII. — Relates to Ireland. (The Schedules containing Forms are omitted.) 45 & 46 Vict., C. 39. The Co)iveija)icuig Act 1882. {Commencement of Act, 1st January, 1883.) Sec. 1. — Purchaser includes a lessee or mortgagee, or an REAL AND PERSONAL PROPERTY. 23 intending mortgagee, or other person, who for valuable con. sideration takes or deals for property ; and purchase has a meaning corresponding with that of pm'chaser. Searches. Sec. 2. — Searches for judgments, deeds, or other documents, whereof entries are allowed or required to be made in the Central Of&ce, may be made by an official ; and certificate of result of search shall be conclusive in favour of a purchaser ; and a solicitor obtaining an of&ce copy of any such certificate shall not be answerable in respect of any loss that may arise from error m the certificate. Notice. Sec. 3. — (1.) A purchaser shall not be prejudicially affected by notice of any instrument, fact, or thing, unless — (i.) It is within his own knowledge ; or would have come to his knowledge, if such inquiries and inspections had been made, as ought reasonably to have been made by him ; or (ii.) In the same transaction with respect to which a question of notice to the purchaser arises — it has come to the knowledge of his counsel, as such ; or of his solicitor, or other agent, as such; or would have come to the knowledge of his solicitor, or other agent, as such, if such inquiries and inspections had been made as ought reasonably to have been made by the solicitor or other agent. This section applies to purchases before or after this Act. Separate Trustees. Sec. 5. — On an appointment of new trustees — no matter when the trust was created — a separate set of trustees may be appointed for any part of the trust property held on trusts distinct from those relating to any other part or parts of the trust property ; or if only one trustee was originally appointed, 24 THE student's guide to the law of then one separate trustee may be so appointed for the first- mentioned part. (See sec. 6 of 1892 Act, i)ost, page '28.) Poivers. Sec. 6. — (1.) A person to whom any power (whether coupled with an interest or not) is given, may, by deed, dis- claim the power ; and, after disclaimer, shall not be capable of exercising or joining in the exercise of the power ; and on such disclaimer, the power may be exercised by the other or others, or the survivors or survivor of the others, of the per- sons to whom the power is given, unless the contrary is expressed in the instrument creating the power. This section applies to powers created by instruments coming into operation either before or after this Act. Married Women. Sec. 7. — (1.) In section 79 of the Fines and Recoveries Act, there shall be substituted for the words, " two of the perpetual commissioners, or two special commissioners," the words, "one of the perpetual commissioners," or "one special commissioner ; " and in sec. 83 of the Fines and Eecoveries Act there shall be substituted for the word " persons " the word " person," and for the word " commis- sioners " the words "a commissioner;" and all other provisions of those Acts, and all other enactments having reference in any manner to the sections aforesaid, shall be read and have effect accordingly. (2.) Where the memorandum of acknowledgment by a married woman of a deed purports to be signed by a person authorised to take the acknowledgment, the deed shall, as regards execution by the married woman, take effect at the time of acknowledgment, and shall be conclusively taken to have been duly acknowledged. (3.) A deed acknowledged before or after this Act by a married woman, before a judge of the High Court of Justice in England, or before a judge of a county court in England, REAL AND PERSONAL PROPERTY. 25 or before a perpetual commissioner or a special commissioner, shall not be impeached or impeachable by reason only that such judge or commissioner was interested or concerned either as a party, or as solicitor, or clerk to the solicitor, for one of the parties, or otherwise, in the transaction giving occasion for the acknowledgment. (4.) 3 & 4 William IV., c. 74, sec. b4, from " and the same judge" to the end of the section and sections 85 to 88 inclusive, and 17 & 18 Vict., c. 75, are repealed. (5.) This section applies only to the execution of deeds by married women after 1882. PoiDers of Attorney. Sees. 8, 9. — {a) If a power of attorney, given for valuable consideration, is in the instrument creating the power expressed to be irrevocable, or (b) if a power of attorney (whether given for valuable consideration or not) is in the instrument creating the power expressed to be irre- vocable for a fixed time therein specified, not exceeding one year from the date of the instrument — then, in favour of a purchaser, the power shall not be revoked at any time, or during the fixed period as the case may be, either by any- thing done by the donor of the power without the concur- rence of the donee of the power, or by the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power ; and any act done at any time, or during the fixed time as the case may be, by the donee of the power, in pursuance of the power shall be as valid as if anything done by the donor of the power without the concurrence of the donee of the power, or the death, marriage, lunacy, unsound- ness of mind, or bankruptcy of the donor of the power, had not been done or happened ; and neither the donee of the power nor the purchaser shall at any time be prejudicially afi'ected by notice of anything done by the donor of the power without the concurrence of the donee of the power. 26 THE student's guide to the law of or of the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power. This section applies only to powers of attorney created by instruments executed after 1882. Executory Limitations. Sec. 10. — Where there is a person entitled — under an instrument coming into operation after 1882 — to land for an estate in fee, or for a term of years absolute or determin- able on life, or for term of life, with an executory limitation over on default or failure of all or any of his issue, whether within or at any specified period or time or not, that executory limitation shall become void and incapable of taking effect, as soon as there is living any issue who has attained the age of twenty-one years, of the class on default or failure whereof the limitation over was to take effect. Long Terms. Sec. 11. — Section 65 of the Conveyancing Act 1881 shall apply to and include every term in that section men- tioned, whether having as the immediate reversion thereon the freehold or not ; but not — (i.) Any term liable to be detennined by re-entry for condition broken ; or (ii.) Any term created by sub-demise out of a superior term, itself incapable of being enlarged into a fee simple. Mortgages. Sec. 12. — The right of the mortgagor, under section 15 of the Conveyancing Act 1881, to require a mortgagee, instead of re-convejdng, to assign the mortgage debt and convey the mortgaged property to a third person, can be enforced by each incumbrancer, or by the mortgagor, notwithstanding any intermediate incumbrance ; but a requisition of an incumbrancer shall prevail over a requisition of the mortgagor ; and, as between incumbrancers, arequisition REAL AND PERSONAL PROPERTY. 27 of a prior incumbrancer shall prevail over that of a sub- sequent incumbrancer. Saving. Sec. 13. — The repeal by this Act of any enactment shall not affect anything that has taken place before 1883. 55 & 56 Vict., C. 13. Conveyancing and Lata of Propertij Act 1892. {Commencement of Act, 20th Jane, 1892.) An Act of six sections to amend the Conveyancing Act 1881. Sec. 2. — Leases, underleases , forfeiture. — (1.) A lessor can recover as a debt due from the lessee (in addition to any damages) his reasonable costs properly incurred to a solicitor and surveyor, or valuer, or otherwise, in reference to any breach giving a right of re-entry or forfeiture which at the lessee's request is waived by the lessor, or from which the lessee is relieved under the Conveyancing Act 1881, or this Act. (2.) The provision in section 14 of the Conveyancing Act 1881, that there is to be no relief against a condition for forfeiture of a lease on bankruptcy of the lessee or on taking in execution of the lessee's interest, shall apply only after the end of a year from the bankruptcy or execution and pro- vided the lessee's interest be not sold within such year [i.e., you can get relief (1) always within the year, or (2) after the year, if the interest is sold during the yearj ; but this pro- vision does not apply to a lease of a farm, or minerals, or a public-house or beershop, or a furnished dwelling-house, or any property as to which the personal qualifications of the tenant are important to preserve the value or character of the property, or because of the neighbourhood of the lessor or his tenants. 28 THE student's guide to the law of Sec. 3. — No fine to be exacted for Ucoise to assign. — A condition in a lease against assigning or under-letting without license shall (unless the lease expressly says otherwise) be deemed to include a proviso that no fine shall be payable for such license, but that reasonable legal or other expenses in relation to such license shall be paid. Sec. 4. — Court may protect underlessee on forfeiture of superior lease. — Where a lessor is proceeding by action or otherwise to enforce a right of re-entry or forfeiture under the lease, the Court may, on application by any underlessee either in the lessor's action or a separate action, make an order vesting in such underlessee all or any part of the property leased for the residue of the lease or a shorter term on such terms as the Court thinks fit. The underlessee cannot require a lease for a term longer than his under- lease [but apparently he may ask for it and the Court may give it] . Sec. 5. — Definitions. — In this Act, and in section 14 of the Conveyancing Act 1881, lease shall include an agreement for a lease where the lessee has become entitled to have his lease granted, and underlease shall similarly include an agreement therefor. In this Act [i.e., in section 4] under- lessee includes any one deriving title under or from an underlessee. Sec. G. — Trustees. — A separate set of trustees (or a separate trustee) may be appointed, under section 5 of the Conveyancing Act 1882, of a part only of the trust property, although no new trustees (or trustee) are to he appointed of other parts of the trust property ; and any existing trustee may be appointed or remain one of such separate set of trustees ; and every appointment already made of a separate set of trustees shall be vaHd, although there was no retiring trustee of other parts of the trust property and no new trustees were appointed of such other parts. eeal and personal property. 29 45 & 46 Vict., C. 38. The Settled Land Act 1882. (Commencement of Act, 1st January, 1883.) Sec. 2. — Settlement in this Act means any deed, will, o-gree- meiit, Act of Parliament, instrument, or number of instruments whether made or passed before or after this Act, whereby land stands limited to persons by way of succession. Settled land is land, and any estate or interest therein, which is the subject of a settlement. Tenant for life is the person for the time being beneficially entitled to possession of settled land for life ; and, if more than one, they together. Trustees of settlement are the persons who under the settlement are trustees with power of sale or of consenting to sale, or (if none) persons declared trustees by the settlement, or (if none) persons named in sec. 16 of 1890 Act, post, p. 44, or (if none) persons appointed by Com^t. Sees. 3, 4. — A tenant for life is to have a general power to sell, enfranchise, exchange, or make partition of the settled estate at the best price or consideration that can reasonably be obtained. The sale may be by public auction or private contract, together or in lots, with power to fix reserved biddings, and buy in at auction. Settled land in England must not be exchanged for land out of England. Sec. 5. — On a sale, exchange, or partition, the tenant for life may, with consent of the incumbrancer, transfer an incum- brance from the land sold, exchanged, or partitioned on to any other part of the settled land whether already charged therewith or not. Sees. 6, 7. — A tenant for life can make a building lease not exceeding 09 years,* a mining lease not exceeding (50 years, and any other lease not exceeding 21 years. Such leases to be by deed, to take effect within 12 months from date, at the best * Note that by the Settled Land Act 1889 (52 & 53 Vict., c. 36) such a lease may contain an option to the lessee to purchase the fee simple within a term not exceeding 10 years at a price named in the lease. 30 THE student's GriDE TO THE LAW OF rent that can reasonably be obtained with power to take a fine (which by the 1884 Act is capital money), to contain a covenant for payment of rent, and condition of re-entry on non-payment within a time not exceeding 30 days, and a counterpart to be executed by lessee ; but the execution of the lease by the tenant for life to be sufficient evidence of this last point. Sees, 8-11. — Every building lease to be partly in con- sideration of the erection or improvement or putting into repair of buildings ; a nominal rent may be reserved for first five years. On contracts for building leases in lots, the entire rent may be apportioned among the lots ; but rent on each lease must not be less than 10s., and must not exeed one- fifth of annual value of land in such lease after erecting the buildings. In a mining lease, the rent may be made ascer- tainable, or to vary, according to acreage worked or minerals obtained. In both mining and building leases, on applica- tion to the Court, and showing that it is customary to do so, or that it is difficult to make leases otherwise, the Court may authorise the granting of leases for longer terms, or even in perpetuity, on conditions expressed in the order. Under a mining lease, there shall always be set aside, as capital money, part of the rent, viz., when the tenant for life is impeachable for waste, three-fourths, and otherwise, one- fourth thereof. Sec. 12. — The tenant for life may grant a lease to cany out a binding contract made by his predecessor, or under a binding covenant for renewal, or to confirm a void or voidable lease. Sec. 13. — The tenant for life may accept a surrender of any lease either as to all or part only of the property. Sec. 14. — Tenant for life of a settled manor may grant licences to copyhold tenants to make any such leases as he might make of freeholds ; such licence may fix the annual value whereon fines and other customary payments are to REAL AND PERSONAL PROPERTY. 31 be assessed, and must be entered on tlie conrt rolls of the manor. Sec. 15. — Keplaced by sec. iO of 1890 Act,^;os^ p. 42. Sec. 16. — On a sale or grant or lease for building pur- poses the tenant for life, for the general benefit of the residents on the settled land (or any part thereof), may appropriate portions thereof for streets, roads, paths, squares, gardens, or other open places, and may execute any deed necessary for vesting them in any trustees or any company or public body. Such deed must be enrolled in the central office. Sec. 17. — A sale, exchange, partition, or mining lease may be of land without minerals, or vice versa ; or of all or any of the minerals, &c. Sec. 18. — Mortgage. — -The tenant for life may mortgage to raise money required for enfranchisement, or for equality of exchange or partition, and the sum raised shall be capital money. [Also to pay costs under sees. 36 & 47 ; also under sec. 11 of ] 890 Act.] Sec. 20. — On a sale, exchange, partition, lease, mortgage, or charge, the tenant for life may convey the land (including copyholds, and leaseholds vested in trustees, and easements) by deed. Such deed passes the land, subject to (1) interests having priority over the settlement, (2) interests created under the settlement for securing money already raised, and (3) rights previously granted for value under the settlement. As to copyholds, the deed is sufficient without surrender, and admittance must be made thereunder ; but the steward may require production of so much of the settlement as shows the title of the tenant for life and enter that on the court rolls. Sees. 21-23. — Capital money arising under this Act (in addition to any particular purpose for which it is raised) may be applied as follows : In investment on Government or other securities in which trustees may invest either by law 32 THE student's guide to the law of or under the settlement, or in debenture stock of any railway company in Great Britain or Ireland, provided it has for the ten preceding years paid a dividend on its ordinary stock ; in discharge of incumbrances, land-tax, &c., on the settled land; in payment for any improvement* authorised by this Act (see sec. 25), or for equality of exchange or partition ; in purchase of the seignory, reversion, or freehold in fee of any part of the settled land ; in pur- chase of lands or mines or minerals in fee or of customary or copyhold tenure, or of leaseholds having not less than 60 years to run (but capital money arising from land in Eng- land not to be appHed in purchase of land out of England, unless specially allowed by the settlement — sec. 23) ; in payment to any person becoming absolutely entitled ; in payment of any costs or expenses in connection with any of the powers under this Act ; and in any other mode in which money produced by the exercise of a power of sale in the settlement is applicable thereunder. Sec. 22. — For the purpose of being invested or applied as specified in last section, capital money is to be paid to the trustees of the settlement, or into Court, at option of tenant for life ; and investment or application to be according to direction of tenant for life, or in default, at trustees' discre- tion, subject to any direction in the settlement. Capital money, before investment or application, to be deemed and treated as land ; and the income of any capital money is to go as the income of the land would have gone under the settlement. Sec. 25.— This section enumerates the improvements * By the Settled Land Act 1887 (50 & 51 Vict., c. 30), when any im- provement authorised by the 1882 Act has been made— before or after 23rd August, 1887— and a rent-charge (temporary or perpetual) created under any statute to pay for it, capital money may be used to redeem or pay such rent-charge, and shall then be deemed to be applied for an improvement authorised by the 1882 Act, and sec. 28 of 1882 Act shall apply accordingly. REAL AND PERSON.Ai PROPERTY. 33 authorised by the Act for appHcation of capital money. No less than twenty different kinds are given of which may be mentioned the following : Draining, warping, irrigation, inclosing, reclaiming, building farmhouses, farm cottages or saw mills, or construction of reservoirs, tramways, railways, canals, docks, jetties, piers, market places, streets, roads, trial pits for mines, &c. Sec. 26. — A tenant for life desirous of applying capital money in improvements is to submit a scheme for approval to the trustees of the settlement, or the Court, showing pro- posed expenditure. Where the capital money is in trustees' hands, they may pay it for such improvements on production of (a) a certificate of the land commissioners (see sec. 48) that the works are properly executed and what amount is properly payable thereunder, or (6) a like certificate of a competent engineer or practical surveyor, nominated by the trustees and approved by the commissioners, or (c) an order of the Court. Where the capital money is in Court, the scheme has first to be approved by the Court, and then money to be paid on an order of the Court, which will be granted on either of such certificates as already mentioned, or on such other evidence as the Court thinks fit. Sec. 28. — Tenant for life must maintain, repair, and insure against fire, any such improvements, at his own cost ; and must not cut timber planted as an improvement, except for proper thinning. Sec. 29. — In executing, maintaining, or repairing any improvement authorised by this Act, the tenant for life, or any other person, not to be hable for waste, and may cut down and use timber and other trees not planted or left standing for shelter or ornament. Sees. 30, 32, 33. — The improvements allowed by this Act are to be also allowed and to be deemed included in the Im- provement of Land Act 1864 (27 & 28 Vict., c. 114, sec. 9) ; and in the Land Clauses Consolidation Acts 1845 (8 & 9 Vict., D 34 THE student's guide to the law of c. 18), 1860 (23 & 24 Vict., c. 106), and 1869 (32 & 33 Vict., c. 18) ; and in the Settled Estates Act 1877 (40 & 41 Vict., c. 18) ; and in all settlements in which money is in the hands of trustees to be laid out in the purchase of lands. Sec. 31. — In the same way that the tenant for life may make leases and sales, so also he may contract therefor, and may revoke such contracts and enter into fresh ones, as if he were absolute owner, and every contract shall be enforceable in favour of, or against, successors. Sec. 34. — Trastees or the Court may require and cause the purchase-money paid in respect of a lease, or of any estate less than a fee simple, or in respect of a reversion dependent on any such lease, to be laid out, invested, and accumulated in such manner as, in the judgment of the trustees or the Court, will give to the persons interested in that money the like benefit therefrom as they might lawfully have had from the lease, estate, or reversion in respect whereof the money was paid, or as near thereto as may be. Sec. 35. — A tenant for life, though impeachable for waste, may, with the consent of the trustees of the settlement or an order of the Court, cut and sell timber ripe and fit for cutting; but three-fourths of the net proceeds to be set aside as capital moneys, and the residue only to go as rents or profits. Sec. 36.— The Court may, if it thinks fit, approve of any action, defence, petition to Parliament, parhamentary oppo- sition or other proceeding taken or proposed to be taken for protection of settled land, or of any action or proceedings for recovery of such land ; and direct the costs in connection therewith to be paid out of the settled estate. (Note— This section is instead of sec. 17 of 40 & 41 Vict. c. 18, which is repealed. See post, sec. 64.) Sec. 37.— Heirlooms— i.e., personal chattels settled on trust to devolve with the land— may, by an order of the Court, be sold by tenant for life ; but the i^roceeds to be EEAL AND PERSONAL PROPERTY. 35 capital moneys, and to be dealt with as before authorised, or to be invested in purchase of other heirlooms. Sees. 38, 39. — In default of trustees under a settlement, the Court may, on application of tenant for life, appoint new trustees ; and they, or the survivors, or the personal repre- sentatives of the survivor, shall be deemed the trustees of the settlement ; but no capital money shall be paid to less than two trustees, unless the settlement specially authorises it being paid to one only. Sees. 40-43. — Trustees' receipts to be full and sufficient discharges. Each trustee to be liable for his own acts only, and not where he has only joined for conformity. No trustee to be liable for giving consents, or for omitting to take action upon notices received, or for dealings with land. Trustees may reimburse themselves expenses. Sec. 44. — In case of difference arising between tenant for life and trustees of settlement, respecting any powers or any matters under this Act, either party can apply to the Court to give directions respecting the matter in difference and the costs. Sec. 45. — Tenant for life intending to exercise any of the powers conferred by this Act shall send by registered post, not less than one month before he acts, a notice thereof to each trustee at his usual place of abode, and, if he Imows the trustees' solicitor, to such solicitor also at his usual place of business. There must not, at the time of this notice, be less than two trustees, unless allowed by the settlement. A person dealing in good faith with the tenant for life is not concerned to enquire as to whether such notice has been given. (See amendment of this section by sec. 5 of the Settled Land Act 1884, post, page 39.) Sec. 46. — The section contains regulations respecting pay- ments into Court, applications, &c., of which the following are the chief : —Matters under . the Act are assigned to the Chancery Division ; payment into Court to be an effectual D 2 3G THE student's guide to the law of exoneration ; applications to be made to the Court by petition,* or by summons in chambers ; on an appHcation by trustees of settlement notice to be served in first instance on tenant for life, and then on such persons as the Court shall think fit ; general rules under the Act may be made, and to be deemed rules of Court. The County Court of the district where the settled estate is situate, or from where the capital money arises, or in connection with which personal chattels are settled, is to have jurisdiction under this Act, where capital money, or securities in which it is invested, or the value of the settled estate does not exceed £500, and the annual rateable value of the settled estate does not exceed £30 per annum. Sec. 47. — Any costs, charges, or expenses may be directed by the Court to be paid out of income, or out of capital money, or raised by means of sale or mortgage out of the settled estate. Sees. 48, 49. — The Inclosure Commissioners for England and Wales, the Copyhold Commissioners, and the Tithe Commissioners for England and Wales, shall by virtue of this Act, become and be styled, the Land Commissioners for England, t Every certificate and report approved and made by the Land Commissioners under this Act shall be filed in their office, and of&ce copies shall be delivered out on appli- cation, and shall be sufiicient evidence thereof. Sees. 50-52. — The powers under this Act of a tenant for life are not capable of assignment or release, by express act or by operation of law ; but remain exerciseable by tenant for Hfe, notwithstanding assignment of his estate— except that, if tenant for life has assigned his estate for * The Settled Land Act Rules say that all applications may be made by summons in chambers, and if a petition is presented without direction of a judge, only the costs of a summons shall be allowed. (Rule 2.) t Now the Land Department of the Board of Agriculture, 52 & 53 Vict., c. 30. REAL AND PERSONAL PROPERTY. 37 value, this section shall not operate to assignee's prejudice, and his rights shall not be affected without his consent, but, if the assignee is not in possession, tenant for life still to have the power of making leases without taking a fine. Any contract by tenant for life not to exercise his powers under this Act is void, and any prohibition in the settlement or provision for forfeiture on exercise of such powers also void. Sec. 53. — Tenant for life in exercising powers under this Act, to have the duties and liabilities of a trustee for all parties entitled under the settlement. Sec. 54. — On sale, exchange, partition, lease, mortgage, or charge, under this Act, persons dealing bond fide to be conclusively taken, as against all parties interested under settlement, to have given the best price, consideration or rent, and to have comxilied with all requisitions of this Act. Sec. 56. — All other powers subsisting under any settle- ment or statute or otherwise, exerciseable by tenant for life, or his trustees, to be still existing, and the powers conferred by this Act to be cumulative, but, in case of any conflict, provisions of this Act to prevail ; and, accordingly, the con- sent of tenant for life shall, by virtue of this Act, be neces- sary to the exercise by trustees, or other persons, of any power conferred by the settlement exerciseable for any pur- pose provided for in this Act. Should any doubts arise on matters within this section, the Court may, on application of the trustees, or the tenant for life, or other person interested give its decision, opinion, advice, or direction thereon. (See Settled Land Act 1884, sec. 6, post, page 40.) Sec. 57. — A settlement may confer powers larger than, or additional to, those contained in Act. Sec. 58. — Each person, as follows, shall, when his estate or interest is in possession, have the powers of, and be deemed (for the purpose of the Act) to be a tenant for life, viz. : — (1) Any tenant in tail — except a tenunt in tail of land purchased by money provided by Parliament in considera- 38 THE student's guide to the law of tiou of public services, who is restrained by Act of Parlia- ment from barring his entail, the reversion being in the Crown. (2) A tenant in fee simple with an executory hmitation over. (3) The owner of a base fee. (4, 5 and 6) A tenant for years terminable on life, or a tenant pur autre vie not holding merely under a lease at rent. (7) A tenant in tail after possibility of issue extinct. (8) A tenant by curtesy. (9) A person entitled to income of land under a trust or direction to pay it to him for a life, whether subject to costs of management or not, or until sale of land, or until forfeiture of his interest on bankruptcy or any other event. Sees. 59, 60.— When an infant is in his own right entitled to land, for the purposes of this Act, the land is to be deemed settled land, and the infant a tenant for life. When an infant is tenant for life, the powers may be exercised by the trustees of the settlement, and (if none) by such person and in such manner as the Court, on application of the guardian or next friend of the infant, either generally or in a particular instance, orders. Sec. 61. — When a married woman is tenant for life and is entitled for her separate use, then she, without her husband, to have the powers of a tenant for life. If entitled not for her separate use, then she and her husband together to have the powers. A restraint on anticipation not to prevent married woman's exercise of the powers of this Act. Sec. 62. — When tenant for hfe is a lunatic, so found by inquisition, his committee, under order of Chancellor or other person entrusted by Queen's Sign Manual with the care of the persons and estates of lunatics, may exercise the powers of this Act. Sec. 63. — Land subject to a trust or direction for sale, and the application and disposal of the sale money, or the income thereof, or the income until sale, or any part of such money or income, for the benefit of one or more for life shall be deemed settled land ; and the person beneficially entitled EEAL AND PERSONAL PROPERTY. 39 for the time being to the income shall be deemed tenant for life ; and the persons (if any) who are under the settlement trustees for sale of the settled land, or have power to consent to the sale, or if no such trustees, then the persons (if any) who are by the settlement declared to be trustees thereof for purposes of this Act, are, for the purpose of this Act, trustees of the settlement. (See amendment to this section by the Settled Land Act 1884, sees. 6, 7, post, pages 40, 41.) Sec. 64 repeals 23 & 24 Vict., c. 145, Parts I. and IV., being the residue of the Act which the Conveyancing Act 1881 did not repeal; 27 & 28 Vict., c. 114, sees. 17 and 18, and sec. 21, from "either by a party" to "benefice or " inclusive ; and from " or, if the landowner " to " minor or minors" inclusive; and, "or circumstance," twice; and (except as regards Scotland) 40 & 41 Vict., c. 18, sec. 17. 47 & 48 Vict., C. 18. The Settled Land Act 1884. (Commencement of Act, 3/tZ July, 1884.) Sec. 3. — This Act is to be construed as one with the Settled Land Act 1882. Sec. 4. — A fine received on the grant of a lease under the Act of 1882, is to be deemed capital money under that Act. Sec. 5. — (1.) The notice, required by sec. 45 of the 1882 Act, of intention to make a sale, exchange, partition, or lease, may be notice of a general intention. (2.) On the request of the trustees, the tenant for life must furnish such particulars and information as may be reasonably required of him as to sales, exchanges, partitions, or leases effected, or in progress, or immediately intended. (3.) A trustee may, by writing, waive notice or accept less than a month's notice. 40 THE student's GUIDE TO THE LAW OF iSec. 6. — (1.) In the case of a settlement within the meaning of sec. 63 of the 1882 Act, any consent not required by the terms of the settlement is not, by force of anything in the 1882 Act, to be deemed necessary to enable the trustees of the settlement, or any other person, to execute any trusts or powers created by the settlement, (2.) In the case of every other settlement, not "v^dthin sec. 63 of the 1882 Act, if two or more persons constitute the tenant for life, then, notwithstanding anything in sec. 56 of the 1882 Act requiring the consent of all those persons, the consent of one only of those persons is to be deemed necessary to the exercise by the trustees, or by any other person, of any power under the settlement for any purpose provided by the 1882 Act. Sec. 7. — With respect to the powers conferred by sec. 63 of the 1882 Act, the following provisions are made : — (1.) Those powers are not to be exercised without the leave of the Court. (2.) The Court may by order give leave to exercise all or any of those powers, and the order is to name the person or persons to whom the leave is given. (3.) The Court may from time to time rescind or vary any order or make any new order under this section. (4.) So long as an order under this section is in force, neither the trustees of the settlement, nor any person other than the person having the leave, shall execute any trust or power created by the settlement, for any purpose for which leave has been given. (5.) An order under the section may be registered and re- registered as a lis pendens against the trustees of the settle- ment, describing them as " Trustees for the purposes of the Settled Land Act 1882." (6.) Any person dealing with the trustees is not to be affected by any order made under this section, unless regis- tered and re-registered as a lis pendens. BEAL AND PERSONAL PROPERTY. 41 (7.) All application to the Court under this section may be made by the tenant for Hfe. (8.) An apphcation to rescind or vary an order may also be made by the trustees of the settlement, or any person beneficially interested. (9.) The person or persons to whom leave is given shall be deemed the proper person or persons to exercise the powers conferred by sec, 63 of the 1882 Act. (10.) This section is not to affect any dealings which took place before the passing of this Act. Sec. 8. — For the purposes of the 1882 Act the estate of the tenant by the curtesy is to be deemed an estate arising under a settlement made by his wife. 63 & 54 Vict., C. 69. Settled Land Act 1890. {Commencevient of Act, ISth August, 1890.) Sec. 4. — Every instrument whereby a tenant for life (in consideration of marriage or by way of a family arrangement, not being a security for a loan) assigns or creates a charge on his interest under the settlement shall be deemed (whether made before or after this Act) one of the instru- ments creating the settlement, and not an instrument vesting in any person any right as assignee for value within sec. 50 of the 1882 Act. Sec. 5.— On an exchange or partition U) any easement, right, or privilege may be reserved or granted over or in relation to the settled land, or (2) other land or an easement, right, or privilege of any kind may be given or taken in exchange or on partition for land or for any other easement, right, or privilege. Sec. 6. — A tenant for life may make any conveyance necessary or proper for giving effect to a contract entered into by a predecessor in title, and which if made by such 42 THE student's guide to the law of predecessor would have been valid as against his successors in title. Sec. 7. — A lease not exceeding 21 years at the best rent that can be reasonably obtained 'without fine, and w^hereby the lessee is not exempted from punishment for v^aste, may be made by a tenant for life — (1) Without any notice of intention to make it being given under sec. 45 of the 1882 Act ; and (2) Although there are no trustees of the settlement for the purposes of the Settled Land Acts ; and (3) By signed writing containing an agreement by the lessee to pay rent, if the term does not exceed three years from the date of the writing. Sec. 8. — In a mi7iing lease (1) the rent may be made to vary according to the price of the substances gotten ; (2) such price may be the saleable value, or the price or value appearing in any trade or market or other price list or retmii from time to time, or may be the marketable value as ascertained in manner prescribed by the lease (including arbitration), or may be an average of any such prices or values during a specified period. Sec. 9. — Where, on a building grant by a tenant for life, the land is conveyed in fee simple with, or subject to, a reserva- tion thereout of a perpetual rent or rentcharge , the reserva- tion shall create a rentcharge in fee simple issuing out of the land, and having incident thereto all remedies for recovery thereof conferred by sec. 44 of the Conveyancing Act 1881, and the rentcharge so created shall go to the same uses and trusts as those upon which the land itself was held before such conveyance. Sec. 10.— Kepeals sec. 15 of the 1882 Act, and provides instead that the principal mansion house (if any), and the pleasure grounds and park and lands (if any) usually occupied therewith, shall not be sold, exchanged, or leased by the tenant for life without the consent of the trustees REAL AND PERSONAL PROPERTY. 43 of the settlement or an order of Court, except (1) where the house is usually occupied as a farmhouse, or (2) where the site of the house and the pleasure grounds and park and lands usually occupied therewith do not together exceed 25 acres in extent. Sec. 11. — Where money is required for discharging an incumbrance (which is not any annual sum payable only during a life or lives or during a term of years absolute or determinable) on the settled land, the tenant for life may raise such money, and the costs, on mortgage (1) by con- veyance of the fee simple or other estate subject to the settlement, or (2) by creation of a term of years in the settled land, or otherwise, and the money so raised shall be capital money for that purpose. Sec. 12. — Where a sale of settled land is to be made to the tenant for life, or a purchase is to be made from him of land to be made subject to the settlement, or an exchange is to be made with him of settled land for other land, or a partition is to be made with him of land, an undivided share whereof is subject to the settlement, the trustees of the settlement shall stand in the place of the tenant for life, and shall (in addition to their powers as trustees) have all his powers for negotiating and completing the transaction. Sec. 13. — The improvements authorised by the 1882 Act shall include (1) bridges ; (2) making any additions or altera- tions to buildings reasonably necessary or proper to enable the same to be let ; (3) erection of buildings in substitution for buildings in an urban sanitary district taken by a local or other public authority, or for buildings taken under com- pulsory powers, provided the expenditure does not exceed the amount received for the buildings taken and their site ; and (4) re-building the principal mansion house, provided the expenditure does not exceed half of the annual rental of the settled land. Sec. 14. — Capital money paid into Court may be paid out 4-i THE student's guide to the law of to the trustees of the settlement for the purposes of the Settled Land Acts. Sec. 15. — The Court may order capital money to be applied in or towards payment for any improvement authorised by the Settled Land Acts, although a scheme was not, before execution of the improvement, submitted for approval to the trustees of the settlement or to the Court. Sec. 16.— If there are, for the time being, no trustees of the settlement for the purposes of the 1882 Act, the follow- ing persons shall be sach trustees : — (i.) Any persons for the time being under the settlement trustees, with power of or upon trust for sale of any other land comprised m the settlement and subject to the same limitations as the land to be sold, or with power of consent to or approval of the exercise of such a power of sale ; or, if no such person, then (ii.) Any persons for the time being under the settlement trustees with future power of sale, or under a future trust for sale of the land to be sold, or with power of consent to or approval of the exercise of such a future power of sale, and whether the power or trust takes effect in all events or not. Sec. 17. — All the provisions of the Conveyancing Act 1881 as to appointment of new trustees and discharge and retire- ment of trustees shall apply to trustees for the purposes of the Settled Land Acts, whether appointed by the Court or by the settlement or under provisions contained in the settlement. Sec. 18.— The provisions of sec. 11 of the Housing of the Working Classes Act 1885, and of any enactment which may be substituted therefor — i.e., now sec. 74 of the Housing of the Working Classes Act 1890— shall have effect as if " working classes " included all classes of persons who earn their livelihood by wages or salaries : but this section shall apply only to buildings of a rateable value not exceeding i;lOO per annum. REAL AND PERSONAL PROPERTY. 45 III.— LIST OF IMPOETANT STATUTES. 13 Edw. 1, c. 1 18 Edw. 1, c. 1 27 Hen. 8, c. 10 32 Hen. 8, c. 1 I Vict., c. 26 - 15 & 16 Vict., c. 24 - 13 Eliz., c. 5 - 27 Eliz., c. 4 - 12 Car. 2, c. 24- 4 Geo. 2, c. 28 - II Geo. 2, c. 19 39 & 40 Geo. 3, c. 98 55 & 56 Vict., c. 58 - 9 Geo. 4, c. 94- 1 Will. 4, c. 40- 1 Will. 4, c. 46- 37 & 38 Vict., c. 37 - 2 & 3 Will. 4, c. 71 - 3 & 4 Will. 4, c. 74 - 3 & 4 Will. 4, c. 104- 32 & 33 Vict., c. 46 - 3&4 Will. 4, c. 105- 3&4Will. 4, c. 106- 1 & 2 Vict., c. 110 - 27 & 28 Vict., c. 112- 8& 9 Vict., c. 106 - 8 & 9 Vict., c. 112 - 12 & 13 Vict., c. 26 - 13 & 14 Vict., c. 17 - De Donis. Quia Emptores. Statute of Uses. Wills. Fraudulent Dispositions. Voluntary Conveyances. Abolishing Feudal Tenures. -1 j Landlord and Tenant. Thellusson Act. Accumulations Act 1892. Resignation Bonds. Undisposed of Eesidue. ) Illusory and Exclusive Appoint- i ments. Prescription Act. Fines and Recoveries Act. I Debts. Dower. Descent. -\ j Judgments. Real Property Amendment Act, 1845. Satisfied Tenns. f Defects in Leases under Powers. 46 THE STUDENT S GUIDE TO THE LAW OF 14 & 15 Vict., c. 25 - 46 & 47 Vict., c. 61 - 17 & 18 Vict., c. 113- 30 & 31 Vict., c. 69 - 40 & 41 Vict., c. 34 - 18 & 19 Vict., c. 43 - 20 & 21 Vict., c. 57 - 22 & 23 Vict., c. 35 - 23 & 24 Vict., c. 38 - 25 & 26 Vict., c. 108 30 & 31 Vict., c. 48 - 31 Vict., c. 4 - 33 Vict., c. 14 - 33 & 34 Vict., c. 23 - 33 & 34 Vict., c. 35 - 33 & 34 Vict., c. 93 37 & 38 Vict., c. 50 45 & 46 Vict., c. 75 47 & 48 Vict., c. 14 37 & 38 Vict. c. 57 37 & 38 Vict., c. 78 40 & 41 Vict. c. 33 44 & 45 Vict. c. 41 45 & 46 Vict. c. 39 55 & 56 Vict. c. 13 45 & 46 Vict. c. 38 47 & 48 Vict. c. 18 50 & 51 Vict. c. 30 52 & 53 Vict. . c 30 53 & 54 Vict. , c 69 ) Agricultural Fixtures and Agri- / cultural Holdings generally. Keal Estate Charges Acts. Infants' Settlements. Married Women's Eeversionary Interests. Lord St. Leonard's Act, and Amendment thereof. Trustees' Powers as to selling Lands, reserving minerals. Sale of Land by Auction. Sales of Eeversions. Naturalization Act 1870. Abolition of forfeitures for treason and felony. Apportionment Act. Married Women. (The first two of these Acts are repealed, but should still be considered on account of matters occurring before 1st January, 1883.) Real Property Limitation Act 1874. Vendor and Purchaser Act 1874. Contingent Remainders. The Conveyancing Acts 1881, 1882, and 1892. Settled Land Acts 1882, 1884, 1887, 1889, and 1890. REAL AND PERSONAL PROPERTY. 47 47 & 48 Vict., c. 71 - - \ Intestates Estates Acts 1884 53 & 54 Vict., c. 29 - - ^ and 1890. 50 & 51 Vict., c. 73 - - Copyhold Act 1887, particu- larly sections 1,4, and 45. 51 & 52 Vict., c. 42 - - ) Mortmain and Charitable Uses 54 & 55 Vict., c. 73 - - / Acts 1888 and 1891. 51 & 52 Vict., c. 51 - - Land Charges Kegistration and Searches Act 1888. 51 & 52 Vict., c. 59 - - Trustee Act 1888. 52 & 53 Vict., c. 32 - - Trust Investment Act 1889. 53 & 54 Vict., c. 70, sees. ) Housing of Working Classes 74, 75 - - - - J Act 1890. 48 THE student's guide to the law of IV.— TEST QUESTIONS ON THE LAW OF EEAL AND PEESONAL PEOPEETY. 1. Explain the origin of the terms " Eeal " and "Per- sonal " property respectively, stating some essential differ- ences between the two. 2. What are the different freehold estates in land, and the estates less than freehold respectively ? 3. How is it that, notwithstanding 12 Car. 2, c. 24, the following special and peculiar tenures still exist : — (a) Gavel- kind ; (6) Borough English; (c) Grand Serjeanty ; (d) Petit Serjeanty ; (e) Frankalmoign ? 4. How do you account for the origin of copyholds? Point out the main distinctions between freeholds and copy- holds. 5. Explain the relative rights of the lord and his tenant in cop3^holds. 6. What is the object of enfranchising copyholds, and state how an enfranchisement may be effected, pointing out any differences that occur when the enfranchisement takes place at the instance of the lord or the tenant respectively '? 7. On an enfranchisement of copyholds, who has the right to the mines and minerals ? 8. To whom do enfranchised copyholds escheat, when the owner dies intestate and without an heir '? 9. What differences are there between ordinary copy- holds and customary freeholds ? 10. An estate may be the same as another in quality, and yet different to it in quantity. What do you understand by this? 11. What difference (if any) is there in the case of free- holds between a grant or devise to A, and a grant or devise to A and his heirs ? REAL AND PERSONAL PROPERTY. 49 12. Can personalty be limited by way of estates to one and then to another ? What would be the effect of a grant or devise of personalty to A for life, and then to B absolutely ? 1>5. It is desired that personalty shall be so settled that A may enjoy it for his own life, then B, if he survives, foi his life, and then that it shall go absolutely to a certain person. In what way may this object be accomplished ? 14. Give an instance of the application of the maxim : Cujiis est solum ejus est usque ad coelujii. 15. Explain the position of a tenant for life with regard to the following three particulars : (a) waste ; (h) granting leases ; (c) selling the estate. • 16. Explain practically the effect of the Apportionment Act 1870 (33 & 34 Vict., c. 35). 17. Wliat was originally, and what is now, the effect of a grant of freeholds to A, and the heirs of his body ? Refer to the statute on the subject, and explain how you account for its having been passed. 18. By what words can you create an estate tail (a) in a deed (6) in a will ? 19. How was the object of the statute Dc Bonis frus- trated ? How is this frustration, originally accomplished in a circuitous way, now effected '? Name the present authority. 20. What is the effect of a limitation of copyholds to A and the heirs of his body ? 21. Explain the position of a tenant in tail with regard to waste, showing in what respects his position is different if he is a tenant in tail after possil)ility of issue extinct. 22. When is there a protector to a settlement, and what are his powers and position ? How do you account for the existence of such an office ? 23. What is a base fee, how may it be created, and how may it be enlarged into an estate in fee simple absolute '? 24. Lands are limited unto and to the use of A and his. B 50 THE student's GUIDE TO THE LAW OF heirs, in trust for B for life, and then to C and the heirs of his body. Daring B's Hfe who would be the person to join in the disentailing assurance ; and with regard to the parties to so join in barring the entail, what difference, if any, would there have been prior to the 3 & 4 Wm. 4, c. 74 ? 25. If A, having a remainder in fee after a life estate, grants out of his remainder an estate to B in tail, is there any protectorship here ? 26. What is the effect of a grant and devise respectively to A and his heirs male ? 27. What difference is there, and why, in the case of either of the following paying off an incumbrance upon the inheritance : — (a) A tenant for life. (6) A tenant in tail in remainder, (c) A tenant in tail in possession ? 28. What is an estate in fee simple ? How many kinds of fee simple are there ? Is it correct to say that the owner of a fee simple estate has an absolute property in it ? 29. Explain the object and effect of the statute of Quia Emptores (18 Edw. 1, c. 1). 30. What was, and is, the position of an alien with regard to holding property ? 31. What is necessary at the present day to constitute a good gift of lands to a charity ? Can such a gift ever, and if so, when, be made by will ? 32. Give a short history of the past and present law as to judgments affecting land. 33. What circumstances led to the passing of the Statute of Uses ? State its chief enactment, and show how its object was frustrated. 34. What is the effect of a grant simply to A without consideration, and why? What difference would it make if it were unto and to the use of A ? 35. Grant to A to the use of B in trust for C. Explain the rights and position of each, with reasons. 36. A cestui que trust of real and personal property REAL AND PERSONAL PROPERTY. 51 respectively, dies intestate, and without heirs, or next of kin, to whom does the property go ? 37. What were formerly, and what are now, the rights of a husband in the following properties of his wife — {a) Her freeholds ; (6) Her leaseholds ; (c) Her choses in possession ; {d) Her choses in action ? 38. Define curtesy. What are the essentials to curtesy ? What peculiarities are there with regard to it in copyholds and in gavelkind land respectively ? 39. Define dower, and show the difference with regard to it if the parties were married prior to or since the 1st January, 1834, both with regard to the right to it and the mode of barring it. 40. Detail and explain the modern method of barring dower when the persons were married prior to 1st January, 1834. 41. Distinguish between (a) a reversion and a remainder ; and ih) a vested and a contingent remainder, giving an instance of each. 42. How is it that although the Common Law rule was different, yet at the present day an assignee of a reversion is able to take advantage of the conditions of re-entry inserted in the original lease ? 43. Explain the following : —Attornment, rent service, rent charge, rent seek, quit rent, fee farm rent, rack rent. 44. What was formerly, and what is now, the effect upon an underlease of the merger or surrender of its reversion ? 45. Explain the rule in Shelley's Case. Does it have any application to personal property ? 46. Give the rules for the creation of contingent re- mainders. With regard to one of such rules, what was the object of inserting in settlements a limitation to trustees to preserve contingent remainders ? 47. With regard to the san;e rule, what was the effect of 8(1-9 Vict., c. 106, sec. 8, and 40 \- 41 Vict., c. 33, respectively? E 2 5'2 THE student's guide to the law of 48. Grant to A for life, and aftfer his decease to the heirs of B. A dies during B's Hfetime. What heconies of the estate V 49. Explain and illustrate the doctrine of cij _p?vs — {a) as regards contingent remainders, {h) as regards charitable bequests. 50. Define an executory interest. In what two ways may an executory interest arise ? Why is it that it can only arise in a deed by means of^he Statute of Uses ? 51. Distinguish between a shifting and a springing use respectively, giving an instance of each. 52. Within what time must an executory interest arise? What is the leading case on the subject ? 53. Give the provisions of the Thellusson Act (39 & 40 Geo. 3, c. 98), limiting the period for accumulation of income. State particularly the exceptions in the Act. 54. What is the effect of a direction to accumulate income exceeding the period allowed by the Thellusson Act ? Kefer to the leading case on the point. 55. Define a power of appointment, showing how it operates, and explaining why it properly comes under the denomination of an executory interest. 56. Does an appointee, taking under a power, take simply from the person exercising the power, or from the person creating the power ? Explain your answer by illustrations. 57. What difference is there as regards the rule against pei-petuities between a general and a special power respec- tively ? 58. What is the effect under 12 & 13 Vict., c. 26, of a lease made by a limited owner under a power, but not strictly in conformity with the terms of that power ? What would have been the position in such a case prior to the Act ? 59. A tenant for life mortgages his life interest. Does tliis mortgage affect the power of leasing conferred on him bv the Settled Land Act 1882 ? REAL AND PERSONAL PROPERTY. 53 (JO. Powers may be clasbitied as (i) general and special, (2) appendant, in gross, and collateral. Explain and instance each of these. 61. With regard to powers, explain the effect of 1 Wm. 4, c. 46, and 37 & 38 Vict., c. 37, respectively. 62. Define incorporeal property, and compare the mode of conveying it with the original mode of conveying corporeal property. Why can either property be now conveyed by deed of grant ? 63. Define and compare rights of common and easements respectively. 64. What do you understand by a 2)rojU a prendre? Give an instance. What do you understand by n profit a prendre being claimed as a que estate ? 65. What rights cannot be claimed by custom ? 66. Give an instance of an easement arising by necessity. 67. How many kinds of rights of common are there ? Explain each kind. 68. With regard to an easement, explain what is meant by tlie dominant and servient tenements respectively. 69. What are the chief ways in which an easement may be extinguished V What is the one case in which unity of possession will not extinguish an easement ? 70. With regard to the length of time of enjoyment that will give a title either to a right of conimcm, or an easement, state the provisions of the Prescription Act (2 A: 3 Wm. 4, c. 71). What was the law on this point prior to that Act? 71. What is an advowson? Jiow many kinds of advt)W- sons are there V Distinguish between each . 72. Are advowsons and next presentations respectively, real or personal property ? 73. What is the proper length of title to be shown to an advowson ? 74. What are tithes? Distinguish between tithes, a tithe ,j4 the student's guide to the law of rent charge, and a modus. Explain how it was that tithes came into lay hands. 75. If a person having a right to tithes bought the land out of which the tithes issued and subsequently resold that land, would his right to tithes revive ? Does merger occur of a tithe rent charge ? 76. What is a Eesignation Bond, and when is it vahd ? 77. Define simony, and refer to the point decided in the case of Fox v. Bishop of Chester. What purchase of a living by a clergjanan would be simoniacal, although not so on the part of a layman ? 78. On the death of an incumbent explain the rights and liabilities as to dilapidations as between his representatives and the successor to the living. 79. What bearing respectively did the Statute of Frauds (29 Car. 2, c. 3, sees. 1, 2, & 3), and the Eeal Property Amendment Act 1845 (8 & 9 Vict., c. 106, sec. 3), have upon leases ? 80. What is the effect of a parol lease for four years ? 81. A, having a lease for seven years, holds over after the expiration of that lease. Explain his position directly the lease expires, and how and why that position becomes altered by the acceptance of rent by the landlord. 82. What is the effect of a yearly tenant not quitting in pursuance of notice {a) when the notice is given by the land- lord, and {h) when the notice is given by the tenant ? 83. What is the difference between privity of contract and privity of estate? Give an instance of liability in respect of privity of estate. 84. A, having but an interest consisting of a term of seven years in land, professes to make a lease for twenty-one years. In another case, having no interest at all, he pro- fesses to make a like lease. In both cases he immediately afterwards becomes possessed of the fee simple. State fully in each case the position and rights of the lessee. REAL AND PERSONAL PROPERTY. 55 85. State shortly the provision of the Convej^ancing Act 1881 with regard to forfeitures of leases for breaches of covenant. 86. State the three most prominent alterations in the law of descent introduced by the Inheritance Act, 3 & 4 Wm. 4, c. 106. 87. How has the first rule of descent been amended by 22 & 23 Vict., c. 35, sees. 19, 20 ? 88. Explain the rule as to the admission of the half blood, and compare the position of the half blood with regard to realty and personalty respectively. 89. An estate descends to two daughters as co-parceners. One of them dies leaving a son. To whom does her share go, and why ? 90. Distinguish on an intestacy between persons taking per stirpes and^er capita, giving an instance of each. 91. A person dies intestate, leaving (a) a wife and two children, (h) two children and no wife or other relative, and (c) a wife and no other relative. In what way in each case will his personal property go V 92. A person dies intestate, leaving a wife, a father, and a brother. How does his personalty go ? 93. A person dies intestate, leaving a mother, a brother, and a sister. How does his personalty go ? 94. A person dies intestate, leaving a mother, a brother, and two nephews, children of a deceased sister. How does his personalty go ? 95. A person dies intestate leaving six nephews, five of them being children of a deceased brother, and one the child of a deceased sister. How does his personalty go? 96. A person dies intestate leaving a nephew and two grand nephews, the children of a deceased nephew. How does bis personalty go ? 97. A person dies intestate leaving one child of a deceased 56 THE student's guide to the law of son, five children of a deceased daughter, a wife, and a father. How does his personalty go ? 98. What do you understand by hotchpot ? Illustrate your answer. 99. Give the outline of an ordinary settlement of real estate upon marriage, particularly pointing out how the pin money, jointure, and portions respectively are provided for. 1 00. Give the outline of an ordinary settlement of personal estate upon a marriage. It is desired to settle personalty upon marriage in the same way as if it were realty, viz., in strict settlement. Can this be done ? 101. When, and in what way, and to what extent, can infants make valid marriage settlements ? 102. On the death of a trustee under a settlement, in what different ways may a new trustee be appointed ? On whom does the trust property now devolve on death of a trustee ? 103. What leases may, under the Settled Land Act 1882, be made by the tenant for life? Is any consent or notice necessary prior to leasing ? 104. The like question as regards a sale by the tenant for life. 105. How may satisfied terms arise? With regard to them, what is now the provision contained in 8 & 9 Vict., c. 112 ? 106. Are any special formalities necessary to be observed in either an ante-nuptial or a post-nuptial settlement of furniture ? 107. What do you understand by uses in strict settlement ? 108. Can a settlement of leaseholds ever be construed as a voluntary settlement so as to be bad in the case of a subse- quent sale of the property? Give reasons, pointing out in what respects a settlement of such property is different from a settlement of freeholds. REAL AND PERSONAL PROPERTY. 57 109. Give a short history of the chief different instruments which have from time to time been used to convey lands i?ite)' vivos. 110. What is the proper mode of conveying copyholds on a sale and on a mortgage respectively ? 111. What powers are, by the Conveyancing Act 1881, conferred on mortgagees, and when do they respectively arise ? Is it safe to rely on this Act, or should express powers be inserted in the mortgage ? 112. What are the differences between the position of a lessee and assignee of a lease respectively ? 113. Explain an interesse termini. 114. On a lease of a house is there any implied contract by the landlord that it is reasonably fit for habitation? Kefer to the Housing of the Working Classes Act 1890. 115. What is the title to be shown on an open contract for the sale of a freehold and leasehold estate respectively ? 116. What is the title to be shown to lands which have been the subject of an exchange ? Distinguish between the cases of the exchange having been made prior to and since 1845. 117. Trace the position with regard to the making of a will of lands from the earliest down to the present time. 118. The like, with regard to a will of personalty. 119. Are the following competent witnesses to a will : — The executor, a creditor of the testator, a legatee under the will, the husband or wife of any legatee, the child of any legatee ? 120. State the different ways in which a will may be revoked. 121. A makes a will devising Whiteacre to 1^, and subse- quently contracts to sell Whiteacre, and then dies. What is the position of B ? 122. When, under a general devise, did trust and mortgaged estates pass ? What do the Conveyancing Act 58 THE student's GUIDE TO THE LAW OF 1881 and the Copyhold Act 1887 now provide on the point ? 123. Explain the following : general legacy, specific legacy, demonstrative legacy, ademption, abatement. 124. What is a lapse ? What alterations did the Wills Act (1 Vict., c. 26) make in the law of lapse ? 125. When does a legacy carry interest ? 126. Give two instances of a construction being placed on words in a will different to what would be put on the same words in a deed. 127. Devise to X after the death of Y. Does Y take any, and what, estate, and why ? 128. What estate do trustees take under a devise to them without words of limitation ? What difference was there before 1 Vict., c. 26? 129. Where a testator by his will has charged his real estate with payment of his debts, but has made no express provision as to who is to have the power of sale to raise the necessary money, in whom is the power of sale vested under the provisions of 22 & 23 Vict., c. 35 ? 130. Limitation to A, and if he shall die without issue to B. What was the effect of this at Common Law, and how has it been affected by 1 Vict., c. 26, and the Conveyancing Act 1882 respectively ? REAL AND PERSONAL PROPERTY. 59 v.— DIGEST OF QUESTIONS AND ANSWEES ON THE LAW OF EEAL AND PEKSONAL PKOPEKTY. {The Ansioers, except where other references are given, are composed mainly from Williams' Heal Property, Goodeves Beal Property , Williams Personal Property, and Goodeves Personal Property, and all due acknotcledgnient is here made to the Authors and Editors of those loorhs.) 1 . — Introductory. Q. Explain the origin and meaning of the distinction betiveen " rea^' a72d ^^ personal" propeHy. A. After 12 Charles 2, c. 24, lands, tenements, and hereditaments were classified as real property, and goods and chattels as personal property. The expressions originated in the legal remedy for the deprivation of possession. When the possession of land was withheld from its rightful owner, his remedy was by a real action (actio in rem) to recover it ; but for a wrongful withholding of goods, the remedy was by a personal action {actio in p)ersonam) against the wrongdoer to recover damages, since the goods might have been destroyed. Q. In ivJuit essential respects do personal property and real propjerty differ from each other in nature, title, and ownership respectively ? A. Personal property is not affected by the feudal rules of tenure "which affect real estate ; is essentially the subject of absolute ownership ; consists of goods and chattels, and in- cludes interests less than freehold in real property ; the remedy for its deprivation has always been by personal action for damages against the wrong doer ; it is transfen-ed by 60 THE student's GUIDE TO THE LAW OF delivery, or bill of sale, or will ; and on the death of the owner alwaj'^s devolves on his legal pergonal representative in trust to pay debts and then divide amongst the legatees or next-of- kin ; the descent is governed by the law of the owner's domicile, for mohilia sequuntur personam. Eeal property consists of lands, tenements and hereditaments ; is prac- tically indestructible, and, therefore, not the subject of absolute ownership, estates only being held in it ; is governed by the feudal rules of tenure ; the remedy for its deprivation has alway^s been by real action to recover the res ipsa (action for the recovery of land) ; it is transferred by deed or will ; on the death of the owner it devolves on his devisee or heir-at-law, subject, however, to debts if the personalty is insufficient ; and its descent and alienation are governed by the lex loci rei sitce. Q. Give the principjcd exceptions, or apparent exceptions, to the rule that personal property is essentially the subject of absolute otunersJtip and cannot be held for any estate. A. {a) Chattels so closely connected with land that they partake of its nature, pass with it when disposed of, and descend with it to the heir of the deceased owner. These are (1) title deeds ; (2) heirlooms, which are strictly chattels that go to the heir by special custom, e.g., crown jewels, coat armour, deed boxes, but popularly (and under the Settled Land Act 1882) are personalty settled to devolve along with real estate in strict settlement; (3) fixtures; (4) chattels vegetable, not being emblements; and (5) animals ferce natura:, unless a special property has been acquired in them, {h) At law, a tenn of years might be given to one person for life and then to another absolutely, but not any other property ; in equity, however, all kinds of personalty, except articles qucB ipso usu consumuntur, might be given to one for life and then to another ; and now under the Judicature Acts, the equity rule prevails. Q. What are fixtures 1 Can a tenant remove them? REAL AND PERSONAL PROPERTY. 61 A. Personal chattels annexed to the freehold. The common law maxim is Quicqutd plaiitatnr solo, solo cedit ; so they were irremovable. But exceptions have always been permitted allowing tenants to remove, dm^ing the term, fixtures erected for purposes of trade, ornament, or domestic use. And by 14 & 15 Vict., c. 2.5, and the Agricultural Holdings Act 1888, the like privilege is accorded to agii- cultural fixtures on certain conditions being complied with. (See Elwes v. Mawe, and Notes in Indermaur's Common Law Cases, 7th edition, 75.) Q. (a) On the death of a tenant in fee simple of a house, who is entitled to the fixtures set up by him in it ' (b) On the death of the tenant for life of a house ivho ivould he entitled to the fixtures set njj by him '^ (c) When houses or buildings are let for a term of yea^rs, and the tenants set up fixtures for the purposes of trade, or of ornament, or domestic convenience, who is entitled to them on the expiration of the term '^ ( d ) When fixtures are demised with the buildings in ivhich they are, in ivhom, does the proj^erty in the fixtures remain "^ A. (a) If he devised the house, all the fixtures go to the devisee, but if he died intestate, the legal personal represen- tative takes the fixtures put up for the purposes of trade, ornament, and domestic convenience. (Williams on Executors, 788-745.) (6) The rules as to the right of a tenant for life to fixtures put up by him are not clear, but his executor appears to have the right to all fixtures put up for trade, ornament, or domestic convenience. (Ibid, 747- 751.) (c) The tenant is entitled to the fixtures, but he must remove them before the expiration of his tenancy. There are special rules, however, applicable to agricultural tenants. (See previous answer.) (d) The property in the fixtures remains in the landlord. Q. Explain the following maxims : — (1) The father to the bough, the son to the plough. (2) Mobiiia sequuntur personam. A. (1) This is a maxim having reference to the tenure of 62 THE student's guide to the law of gavelkind, and signifies that here there was never an escheat on attainder or conviction for murder, (2) This expression means that moveables follow the person and are governed by the law of the domicile of the owner, unlike lands which are governed by the lex loci rei sitce. Q. Explain fully the follotving terms : Emblements, Estate pur autre vie, Springing Use. A. Emblements are the fruits of the earth produced by labour and manurance, and brought to perfection within the year, e.g., corn, but not clover. The executors of a tenant for life have a right to them unless the tenancy ends by the act of the tenant for life. An estate inir autre vie is a free- hold estate held by one man for the life of another. Formerly, if the tenant pur autre vie died during the life of the cestui que vie, the first person who entered on the lands could hold them as general occupant until the cestui que vie died ; unless, indeed, the grant had been to the tenant and his heirs, or the heirs of his body, in which event the heir took as special occupant during the remainder of the life of the cestui que vie by virtue of his being named in the grant. But by 1 Vict., c. 26, sees. 3 and 6, the owner of an estate pur autre vie may dispose of it by will ; and if he does not, and there is no special occupant, the lands go to the legal personal representative of the dead tenant pur autre vie as part of his personal estate. A springing use is an executory interest arising by deed under the Statute of Uses, e.g., a power of appointment over freehold land. Q. What is meant by Escheat ? A. Escheat is the resulting of freehold estate to the lord of whom it is held, where the tenant dies without disposing of it and without heirs. It is (1) propter defectum sanguinis — i.e., where the tenant dies literally without issue; or (2) propter delictum tenentis — i.e., where the tenant was attainted for treason or convicted for felony, which corrupted his blood and interrupted the succession. This second kind REAL AND PERSONAL PROPERTY. 63 can only happen now on outlawry in criminal proceedings, 38 & 34 "Vict., c. 23. The Intestates Estates Act 1884 extended the law of escheat to incorporeal hereditaments, and to equitable estates in corporeal hereditaments. The Copyhold Act 1887 enacts that escheat of enfranchised copyholds shall be to the lord of the manor if the enfran- chisement takes place since 16th September, 1887. Q. Explain the follotuing tei^ms: — advowson^ chief rent, feoffment, shifting use, enfranchisement. A. An advoivson is the perpetual right of presentation to an ecclesiastical benefice ; it is an incorporeal heredita- ment, and real property ; it is j)i'6sentative, collative, donative, or elective ; it is either appendant to a manor, or in gross, i.e., a separate property ; and it is either an advowson of a vicarage or a rectory. A chief rent, or quit rent, is the small fixed rent paid by the freehold tenants of a manor, by payment of which they are free from all other service in respect of their tenure. A feoffment was a conveyance at common law used to convey a freehold estate in possession in corporeal hereditaments ; its requisites are competent parties, words of pure donation, ascertained property, proper words of limitation, livery of seisin in deed or in law subsequently perfected by entry during the lives of feoffer and feoffee ; and since 8 & 9 Vict., c. 106, a deed, except in conveyances by an infant under the custom of gavelkind. A shifting use is an executory interest created under the Statute of Uses, by which the legal seisin of freeholds is moved from one person to another, e.g., the name and arms clause in a will by which lands are given to A., but if within a given time he does not take the testator's name and arms, then to B. Enfranchisement is the conver- sion of copyholds into freeholds ; and it is either voluntary by the lord conveying the freehold to the tenant, or compulsory under the Copyhold Acts 1852-1887 ; if voluntary, the lord loses all his rights, but if compulsory 64 THE student's guide to the law of the lord retains his right of escheat and (unless otherwise expressed) his minerals and rights of sporting. Q. Explain heir-at-laiv, customary heir, heir-apparent, heir presumptive. A. A man's heir-at-law is the person upon whom, on the man's death intestate, his real estates devolve by the rules of law. A customary heir is one who inherits under any special custom, e.g., Borough English. A man cannot have an heir until he is dead, for neino est hceres viventis ; neither can he make his heir, for solus dens haredem fa cere potest, non homo; but he may have an heir-apparent, i.e., some person living who must be the heir if he survive, e.g., an eldest son, or an heir-presumptive, i.e., a person who if the man were to die now would be his heir but is liable to be cut out by the birth of a nearer relative, e.g., a daughter whose claim would be ousted by birth of a son. Q. State the principal provisions and date of the Statute of Frauds. A. The statute was passed in 1677 (29 Chas. 2, c. 3) to prevent fraudulent practices, enacts (1) leases and interests of freehold, &c., not put in signed writing shall only have the force of estates at will, except leases not exceeding three years at two-thirds of a rack rent ; (2) freehold and leasehold estates must be suiTendered by deed or signed writing; (8) no action can be brought against a personal representative on a promise to answer damages out of his own estate, or on a guarantee, or on an agreement upon consideration of marriage, or on any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them, or on an agreement not to be performed within one year from its making, unless made in writing signed ; (4) trusts of land must be evidenced by signed writing, except those created, transferred or extinguished by implication of law ; (5) assign- ments of any trust must be in signed writing ; (6) an equit- able fee simple shall be assets by descent, but the heir is not REAL AND PERSONAL PROPERTY. 65 personally liable ; (1) writs of execution to bind the debtor's goods from delivery to the sheriff; (8) a contract to sell goods for i^lO or more not to be good unless the buyer accepts and receives part of the goods, or gives earnest, or partly pays, or put in writing signed by the party to be charged, or his agent ; and (9) husband to take administration to wife's personalty as her next-of-kin. 2. — Tenures, Estates, &c. Q. Distinguish between allodial lands and feudal lands. Who were tenants in capite, ivho lord paramount, ivho mesne lords ? A. Allodial lands were enjoyed as free and independent property, held of no one and charged with no service ; the owners could dispose of them at pleasure. Feudal lands were lands held of a superior, subject to the performance of services, generally military ; instead of being the absolute owner, the holder of the feud had merely the usufruct, and could not even dispose of that at his pleasure. Tenants in capita were those who held feudal lands from the sovereign direct. The king was lord paramount, all lands being in theory held of him. Mesne lords were tenants in capite, who had granted out all or part of their lands to be held of them in subinfeudation. Q. Trace the causes ivhich led to the decline of the feudal system in England^ mentioning any special enactments ivhich tended to that residt. A. The system of subinfeudation, which was an essential element, was found prejudicial to the interests of the chief lords by exposing them to the frequent loss of their escheats, wardships, and marriages. The statute of Quia Emptores (18 Edw. 1, c. 1) was the first gi'eat blow stnick against the feudal system by abolishing subinfeudation. The nation began more to cultivate the arts of peace, and F 6(j THE student's GUIDE TO THE LAW OF in a variety of ways the old feudal system became incon- venient, the services often being commuted for a money payment called scutage. The final blow to the system was oiven by 12 Car. 2, c. 24, which abolished the old feudal tenures, and converted them into free and common socage. Q. What ivas subinfeudation? When, tvky, and how was it abolished ? A. Subinfeudation was the method by which a feudal owner conveyed those parts of his feud not required by him- self, so that the grantee held of him, subject to the performance of services, and by a tenure similar to his own. Subinfeuda- tion of the fee simple was abolished in 1290, by the Statute of Quia Emptores, 18 Edw. 1, c. 1, at the instigation of the barons who perceived that their privileges as superior lords were gradually being encroached upon. The statute enacts that every free man may sell his fee simple at his pleasure, but that the purchaser shall hold of the same chief lord of the fee and subject to the same services and customs as the vendor held. Q. Describe and distinguish the varioas kinds of condi- tional estates. A. Estates upon condition are those, the existence of which depends on the happening, or not happening, of some uncertain event, whereby the estate may be originally created, or enlarged or finally defeated. They are on condition implied~e.g., a grant of an ofiice or franchise, or expressed. In the latter case the condition is either precedent— i.e., where unless and until the condition is performed the estate cannot vest ; or subsequent — i.e., where the estate vests at once, but is liable to be defeated by the grantor re-entering if the subsequent condition is not performed. There is also a conditional limitation— i.e., an estate so limited that it must determine when the contingency on which it is granted fails — e.g., grant to A and his heirs tenants of Dale. Where an estate is granted with a condition which REAL AND PERSONAL PROPERTY. 6 1 is illegal or impossible or repii;:]^iant to the nature of the estate — if the condition is precedent, the estate never vests ; if subsequent, the ^(I'antee geta the estate free from the condition. Q. Mention the different kinds of estates ivhich may exist in land. A. Freehold estates and estates less than freehold. The latter of these are estates for years, estates at \vill, and estates at sufferance. The former are (1) Freeholds of inheritance — viz., estates in fee simple and estates tail : and (2) Freeholds not of inheritance — viz., all life estates; and these may be conventional — i.e., created by the act of the parties, or legal — i.e., arising by operation of law, viz.: curtesy, dower, and estate tail after possibility of issue extinct. Q. Define, (a) estate in fee simjjle, (b) in fee tail, (c) in base fee, (d) after possibility of issue extinct, (e) at sufferance, and (f) chattels real and personal. A. (a) An estate to a person and his heirs ; (b) an estate to a person and the heirs of his body, either general or special, male or female ; (c) an estate created by the barring of an estate tail by a tenant in tail in remainder without the consent of the protector ; (d) an estate in special tail when the person from whose body the issue are to come dies with- out issue ; (e) the estate of a person who, having come law- fully into possession, holds over after the expiration of his lawful title ; (/) chattels real and personal are personal property, the first though personal yet being connected with realty, and the latter purely personal. Q. Enumerate and classify the various kinds of estates for life which may subsist in freehold and copyhold lands. A. They are either conventional (i.e., created by the act of the party by deed or will), or legal (i.e., created by operation of law). Conventional life estates are either for the holder's own life or pur autre vie. Legal life estates are F 2 (J8 THE student's GUIDE TO THE LAW OF those ill dower, curtesy, and tenancy in tail after possibility of issue extinct. Q. By ivhat tvords inay an estate for years, for life, in tail, and in fee he created by deed and will respectively f A. No precise words are needed to create an estate for years, but the words used must indicate that the tenant is to hold for a fixed period of time, i.e., for years, months, weeks, or days. An estate for life is created in a deed by a grant to A for his own life or for the life of another, or by a grant to A simply ; but in a will, the intention must be expressed that the devisee shall not take more than a life estate, because a devise to A simply will give him all the testator's interest unless a contrary intention is expressed (I Vict., c. 26, sec. 28). An estate tail is created in a deed by a grant to A and the heirs of his body, or to A in fee tail (Conveyancing Act 1881, sec. 51) ; but in a will, it may be created by any words of procreation evincing the intention, e.g., to A and his seed, to A and his offspring. To create a fee simple in a deed the words of limitation must be clear and precise, viz. : " to A and his heirs," or by the Conveyancing Act 1881, " to A in fee simple " ; but in a will a mere devise " to A " without further words of limitation will pass the fee simple or other the testator's whole interest, unless it clearly appears on the face of the will that such was not the testator's intention. (L Vict., c. 26, sec. 28.) In a con- veyance by deed to a corporation, the words used would be " to the corporation and their successors." Q. Mention the various cases in which an estate in lands may be made to vest by virtue of a statute or statutory authority. A. This would happen by virtue of the Statute of Uses in the following cases : — (1) By means of a bargain and sale. (2) By means of a lease and release. (3) By means of a covenant to stand seised to uses. (These three modes of conveying property are, however, now obsolete.) (4) By REAL AND PERSONAL PROPERTY. 69 means of an appointment under a power. (5) By means of a grant to uses. Also under the Trustee Act 1850, where the Court makes a vesting order ; also by declaration in a deed appointing new trustees under the Conveyancing Act 1881 ; also under sec. 5 of that Act on paying the amount of an incumbrance into Court ; also by a tenant for life under the provisions of the Settled Land Act 1882 ; also by order of the County Court for cost of improvements under the Agricultural Holdings Act 1883 ; also under the Judicature Act 1884, when the Court nominates a person to execute a conveyance, when one ordered by the Court to do so neglects or refuses ; also by award of the Land Commissioners (now the Board of Agriculture) made under the Copyhold Acts, or the General Inclosure Acts, or for redemption of tithe rent charge, or of quit rents, &c. ; also under the Land Transfer Act 1875. 3.— Life Estates, Settled Land Acts, &c. Q. What estate or interests may be created in land ivith regard to their quaodity and quality res^jectively ? Wliat difference is there in the quality of an estate limited to A for life, and of an estate limited to A for 1000 years if he shall so long live ? A. The quantity of an estate means the time of its con- tinuance. The quality of an estate has reference to the mode of its enjoyment ; from this point of view estates may be (1) legal or equitable ; (2) in possession or expectancy ; (3) in severalty, in joint tenancy, in tenancy in common, or in coparcenary. In the case put there is no difference in quality ; the difference is in quantity, the life estate being freehold and real estate, and the term of years less than freehold and personal property. Q. Define legal waste and equitable luaste. A. Legal waste is such waste as a Court of Law took cognizance of; but if a life estate were granted without 70 THE student's GUIDE TO THE LAW OF impeachment for waste, although at law the tenant could commit any kind of waste, a Court of Equity would not allow the tenant to do such unconscionable acts of waste as pulling down or destroying the mansion house or cutting ornamental timber, and so these acts were called equitable waste. Under the Judicatm'e Act the rules of equity prevail. Q. (a) What is meant by voluntary waste and by jjer- missive waste? (b) Is the estate of a legal tenant for life liable after his death to the remainderman for permissive ivaste suffered in his lifetime? (c) Will the Court interfere at the instance of a remainderman to restrain an equitable tenant for life from suffering permissive ivaste upon the trust property ? A. {a) Waste is any spoil, injuiy, or destruction to, or alteration of, the inheritance. Voluntaiy waste is waste committed by actually puUing down, altering, or injuring the property ; permissive waste is allowing the property to deteriorate for want of repairs, {b) A tenant for life is liable for all acts of voluntary waste, but not for permissive waste {Be Cartwright, Avis v. Kewman, 41 Ch. D., 532) unless the instrument creating his estate expressly makes him so (Wood- house V. Walker, 5 Q. B. Div., 404) ; and his estate would be answerable or not accordingly, (c) Not miless the tenant was expressly bound not to commit such waste (Woodhouse V. Walker, supra). Q. A freeholder, having granted a lease for years at a rent payable quarterly, dies during the last quarter of a year intestate. The rent was three-quarters of a year in arrear id his death, and the fourth quarter's rent has become payable. To ivhat person, or persons, does the luhole years rent belong, and by ivhat person, or persons, must it be received ? A. The three-quarters' arrears of rent, being actually due at the death, belong to the legal personal representative of REAL AND PERSONAL PROPERTY. 71 the dead landlord, who may sue and distrain for them. The proportion of the fourth quarter's rent up to the death also belongs to them, and the balance belongs to the remainder- man, reversioner, heir, or devisee (as the case may be) ; and the whole quarter's rent may be sued and distrained for by the remainderman, etc., who is personally liable to the repre- sentatives in an action by them for the apportionment. (See 33 & 34 Vict., c. 35.) Q. State briefly the effect of the regulations under ivhich the poivers given to the tenant for life under the Settled Land Act 1882 are to be exercised. A. Under the 1882 Act, sec. 45, a month's notice must first be sent by registered post to the trustees and their solicitors, if known ; but, under the 1884 Act (sec. 5), this may (as regards a sale, exchange, partition, or lease) be a general notice, and be waived or shortened. Under the 1890 Act (sec. 10) no sale, exchange, or lease of the principal mansion-house can be made without consent of trustees or an order of Court, unless the house is a farmhouse, or the house and park do not exceed 25 acres. Under the 1882 Act (sec. 37), a sale of heirlooms cannot be made without an order of Court. Under sees. 3 and 4, a sale is to be at the best price that can be obtained, either by public auction or private contract, together, or in lots. Under sec. 7, the lease must be at the best rent that can be obtained, to take effect in possession not later than twelve months after its date, and is to contain a covenant for payment of rent, and a condition of re-entry on non-payment within a time not exceeding 30 days. Sees. 8-11 also contain further regulations specially relating to building and mining leases. Q. State the effect of the general regulations under n-hich a. tenant for life nw y lease settled lands for hailding and mining purposes. A. The term may not exceed 99 years for a Iniilding lease, and 60 years for a mining lease. The lease must be by 72 THE student's guide to the law of deed ; to take effect in possession within 12 months ; must reserve the best rent, regard being had to any fine (which by the 1884 Act is capital money) and to any money laid out for the benefit of the settled land and to the circum- stances ; must contain a covenant to pay rent, and a right of re-entry if the rent is not paid within a time named, not exceeding 30 days ; a counterpart must be executed by the lessee and delivered to the tenant for life. The building lease must be made partly in consideration of the erection, or improvement, or repair, of buildings or improvements ; a peppercorn rent may be reserved for the first five years ; if the land is to be leased in lots, the entire rent maybe appor- tioned, but the rent on each lot must not be less than ten shillings, nor greater than a fifth of the annual value of the land with the buildings. The 1889 Act allows an option to be given to the lessee to buy the fee simple within a time not exceeding ten years at a price named in the building lease. In the mining lease, the rent may be an acreage or a tonnage rent ; and a minimum rent may be reserved, with power to make up back-workings or not ; and the tenant for life gets three-quarters, or (if impeachable for waste) only a quarter of the rent, the rest being capital. The • tenant for life must give one month's notice to the trustees, which (by the Act of 1884) may be a general notice and may be waived or shortened. (Settled Land Act 1882, sees. 6-11, 45.) Q. By ivhom, are the powers conferred by the Settled Land -Acts exercisable when the tenant for life is (a) an infant, (b) a married ivoman, (c) a lunatic ? A. (a) By the trustees of the settlement, and if there are none then by such person and in such manner as the Court, on the application of a testamentary or other guardian or next friend of the infant, either generally or in a particular instance, orders (sec. 60). (b) Where the married woman is entitled for her separate use, or under any statute for her REAL AND PERSONAL PROPERTY. 73 separate property, or as ^ feme sole, by the inarrifKl woman ; and where she is entitled in any other way, then by her and her husband together (sec. 61). (c) By the committee of his estate, under an order from the Lord Chancellor, obtained on petition by the committee or any person interested in the settled land (sec. 02). Q. What are the yrovisions of the Settled Land Act 1882 ivlih reference to the a.ssignnient or release of, or the restriction -+- of the exercise of, the tenant for life's poivers ? and what is the effect of a conflict betiveen those powers and any other poivers given by the settlement ? A. Sec. 50 provides that the powers do not pass to an assignee but remain exercisable by the tenant for life ; though if he has assigned his estate he cannot exercise his powers to the prejudice of the assignee, except that if the assignee has not gone into possession he may still exercise his power of leasing without the assignee's consent if no fine is taken. By sees. 50, 51 and 52 any contract by the tenant for life not to exercise his powers is void, and any prohibition or forfeiture on exercise of such powers is also void. By sec. 57 a settlement may confer larger or additional powers than those contained in the Act. By sec. 56, in case of conflict between the provisions of the Act and those of the settle- ment, the provisions of the Act are to prevail. Q. For luhat purposes of the Conveyancing Act 1881 and the Settled Land Act 1882, respectively, are trustees of a settle- ] ment needed, and who would he trustees for those purposes if ' none 'were appointed by the settlement ? A. Under sec. 42 of the Conveyancing Act 1881, trustees are needed where the beneficial owner of land is an infant, and, if a female, is unmarried, for the purpose of managing the property, and applying the income as directed by that section. Under the Settled Land Act 1882, trustees are needed — (1) to receive notice of the tenant for life's intention to exercise his powers under the Act ; (2) to consent to a L- 74 THE student's guide to the law of sale or lease of the mansion and demesne ; (3) to consent to a sale of ripe timber where the tenant for life is impeachable for waste ; (4) to approve a scheme for improvements ; (5) to receive and pay money ; (6) to make investments under the direction of the tenant for life; and (7) to exercise the powers of the life tenant, where such tenant is an infant. Under both Acts, if there are no trustees under the settle- ment, the Court will appoint trustees, on application by or on behalf of the tenant for life. Q. What are the jjrovisions of the Settled Land Act 1882 with reference to the cutting and sale of timber by a tenant for life^ A. By sec. 35 a tenant for life — who is impeachable for waste with respect to any timber — may cut and sell that timber provided it is ripe and fit for cutting, and he gets the consent of the trustees or an order of Court, but three-fourths of the net proceeds are capital and the balance only income. By sec. 29 the tenant for life may cut and use timber which is not ornamental in order to execute, maintain, or repair any improvements under the Act. Q. Explain the operation of a conveyance by a tenant for life under the Settled Land Act 1882. What estates and charges are, and ivhat are not, capable of being over-reached by such conveyance ? A. It operates by virtue of the Act to pass at once by the deed the estate subject to the settlement in whatever manner is requisite for giving effect to the sale, exchange, partition, lease, mortgage, or charge. It can over-reach all the limitations, powers and provisions of the settlement, and all estates, interests and charges subsisting or to arise thereunder; but subject to and except (1) estates, interests, and charges which (a) have priority to the settle- ment, or (6) are created for securing money actually raised at the date of the deed, and (2) grants at fee farm rents and grants of easements or commons or other rights BEAL AND PERSONAL PROPERTY. 75 granted for value before the date of the deed. (Sec. 20 of 1882 Act.) Q. What poiuer is given by the Settled Land Acts for the protection or recovery of settled land ? A. By sec. 30 of the 1882 Act, the Court may approve (1) of any action, defence, petition to Parhament, parhamentary opposition, or other proceeding for protection of settled land ; or (2 ) of any action or proceeding for recovery of such land ; and may direct payment of the costs out of the settled property. * Q. Thomas Styles, tvho died in 1884, by his ivill, made in 1870, devised his real estate in Kent and Lancashire to his married daughter Mary Smith for her life, for her separate use, loithout JJ0VX1' of anticipation ; remainder to her husband John Smith for his life; remainder to the first and other sons of John and Mary Smith successively, according to seniority, in tail male; and he declared that he intentionally omitted from his ivill any poiver of sale. Mr. and Mrs. Smith, ivhose eldest son is an infant, desire to sell a farm, part of the settled land in Kent. Advise them how they should proceed, and by tvhoni a conveyance to a purchaser can be made. A. I should advise that the declaration is inoperative (Settled Land Act 1882, sec. 51) ; and Mrs. Smith as tenant for life can sell and convey the farm alone without her husband (sees. 61-03). The wife should obtain the sanction of the trustees, or an order of Court, if the farm forms part of the lands usually occupied with the mansion-house (sec. 10 of 1890 Act) ; and in any case sell the property, paying regard to the provisions of the Act as to mode of sale and disposal of the net proceeds, which will be capital. Notice must be given to the trustees of the settlement and their solicitor (unless waived), and, if there are no trustees, the tenant for life can be restrained from selling until two have * This question and the three subsequent ones, were all asked in one paper, and form a series. -h 76 THE student's guide to the law of been appointed (sec. 38). But a person dealing in good faith with the tenant for hfe is not concerned to inquire respecting the giving of the notice. Q. By the ivill referred to in the 'preceding question, a collection of pictures %vas settled as heirlooms annexed to the '7~~ principal inansion on the Kent Estate. Hoiv can any of the pictures be sold ; to ivhom must the proceeds be paid ; and hoio may they be ap)plied ? A. Mrs. Smith as present tenant for Hfe under the settlement, can sell the (so-called) heirlooms; but she must obtain an order of Court, on application by summons at chambers. The proceeds of sale are capital money, and must be paid either to the trustees of the settlement or into Court, at the option of the tenant for life ; but may not be paid to fewer than two persons as trustees, unless the settlement gives express authority for receipt of capital by one trustee. The proceeds may be applied (1) in the purchase of other chattels, to be settled and held on the same trusts as and devolve like the chattels sold, and (2) in any way in which capital money is directed to be applied by the Settled Land Act 1882. (See sees. 37, 22, 21, 25.) Q. Mr. and Mrs. Smith believe that coal may be found in part of the settled land in Lancashire, and they ivish to spend £1,000 out of the sale money of tJtc heirlooms, in borings and trial piits to ascertain if coal exists capable of being ivorked to a profit. Can they do so, and hoiv ? A. Yes, mider sub-sec. 19 of sec. 26 of the Settled Land Act 1882. They should submit a scheme for the execution of the works, showing the proposed expenditure, to the trustees of the settlement or to the Court. If the money is in the hands of trustees, the application for approval may be to them (sec. 26), and they may i^ay the money over on a cer- tificate of the Land Department of the Board of Agriculture, or a competent engineer or able practical surveyor, or an order of Court. There is an appeal from the decision of the REAL AND PERSONAL PROPERTY. 77 trustees to the Court (sec. 44) ; and where the money is in Court the apphcation must be made to the Court (sec. 26). The trustees are not justified in paying the money until the work has been done. Q. If they discover good coal, who can grant a lease of it to a colliery company ; and luhat must be done with the rent ? A. Mrs. Smith, as tenant for hfe, may lease for not longer than 60 years (Settled Land Act 1882, sees. 2 (10) and 6); or if the settlement gives power to the trustees to grant mining leases they may do so with the consent of the tenant for life (sec. 56). If Mrs. Smith is tenant for life without impeach- ment of waste, she is entitled to three-fourths of the rent as rents and profits, and the remaining one-fourth is capital money under the Settled Land Act 1882, and must be set aside and applied accordingly ; but if she is liable for waste, then one-fourth comes to her as income and three-fourths go as capital money (sec. 11). Q. A father devised freehold land to trustees (ivhoni he appointed trustees of the settlement) in fee, upon trust to receive the rents, and thereout pjay annuities tvhich at present absorb the entire rents, and to pay any surpAus to his son till he shall become bankrupt, or assign or encumber his life estate, or die; with an executoiy trust for the remaindermen on the happjening of any such event. No such event has hajjpened. }yho can sell the land and convey the fee simpde to the purchaser, and who must be parties to the conveyance /^ A. Under sees. 2 and 58 of the Settled Land Act 1882, the son is tenant for life ; and can therefore sell (under sees. 3 and 4), and convey the estate to the purchaser (under sec. 20). He must, of course, give notice to the trustees, and it is their duty to bring the matter before the Court if they have reason to think that the sale will not be hond fide in the interest of all interested. The annuitants would have a locus standi ou the hearing. Q. State the general nature of the provisions of the Settled 78 THE student's guide to the law of Land Act 1882, sec. 34, relative to the application of the pnr- chase-money arising from a sale, under the Act, of a lease for years, or of a, reversion expectant on such a lease. A. This section provides that the trustees or the Court may, notwithstanding anything in the Act, require and cause the same to belaid out, invested, and accumulated in such a manner as in the judgment of the trustees, or the Court, as the case may be, will give to the parties interested in that money the like benefit therefrom as they might lawfully have had from the lease, estate, interest or reversion in respect whereof the money was paid, or as near thereto as may be. The object of this section is to prevent a sale, made under the Act, of a limited interest, or an interest not in possession, from operating to the prejudice of any person interested under the settlement, whether tenant for life or remainder- man. (Hood and Challis' Conveyancing and Settled Land Acts, notes to sec. 24.) Q. Trustees having a poiver of sale over a, settled estate with the consent of the life tenant in possession, are asked hy him to sell the coal under part of the estate separately from the surface. You are requested to advise them if they can, tmder any circumstances, comply with his wish. A. Yes, they may under the Confirmation of Sales Act 1862, obtain leave to do so on applying to the Chancery Division in a summary way (25 & 26 Vict., c. 108). Or the tenant for life may himself, without any leave of the Court, sell under the Settled Land Act 1882 (sec. 17). Q. State briefly the 'provisions contained in the Settled Land A cts relating to settlements by ivay of trust for sale. A. By sec. 63 of the Settled Land Act 1882, any land which under any instrument, whenever made, is subject to a trust or direction for sale, and for application of the purchase- money or income for the benefit of any person for life or any other limited period, shall be deemed settled land, and the instrument a settlement ; and the beneficial owner for the REAL AND PERSONAL PROPERTY. 79 time bein^" of the iiicoine shall be deemed tenant for life, and shall have all the powers given by the Act to a tenant for life ; and the persons M^ho are trustees for sale or have power to consent to or approve or control a sale, are trustees for the purpose of the Act. By sec. ^A) the consent of the tenant for life was needed to enable the trustees to exercise any powers under the settlement, which embraced any objects which are within the powers given by the Act to the tenant for life. It was decided that the tenant for life's consent to a sale by the trustees was not needed where it was the positive duty of the trustees to sell, but was needed where the trustees had a discretion (Taylor v. Poncia, 25 Ch. D., 646). By sec. 6 of 47 & 48 Vict., c. 18, no consent, which is not required by the settlement, is now necessary to enable the powers given by it to be exercised ; and by sec. 7 the powers conferred by sec. 63 are not to be exercised by the tenant for life without the leave of the Court. If the Court makes such an order (and as to when it will do so, see Be Harding's Settled Estates, 60 L. J., Ch., 277) then whilst it is in force the powers of the trustees are taken away from them. Such an order should be registered as a Zis _2^en£?e?is, otherwise a purchaser from the trustees is protected. Q. Enwmerate the limited oiuners to ivhoni poicers of (dienation are given by the Settled Lund Act 1882. A. The person for the time being beneficially entitled under a settlement to possession of settled land for his life, sec. 2 (4). Also a tenant in tail ; a tenant in fee simple with an executory limitation over ; the owner of a base fee ; a tenant for years determinable on life, or a tenant pu?- autre q^lQ — i;iot holding merely under a lease at a rent ; a tenant for life or years determinable on life, whose estate is liable to cease on any event during the life, or to be defeated by an executory gift over, or is subject to a trust for accumulation ; a tenant in tail after possibility of issue extinct ; a tenant by curtesy; and a person entitled to income of land under a + 80 THE student's GUIDE TO THE LAW OF trust or direction for any life, or until sale of the land, or until forfeiture of bis interest (Sec. 58). Q. State concisely tJte jjurposes to ivhich capital money arising under the Settled Land Acts may he applied. A. (1) Investment on Government securities or other securities on which the trustees are, by the settlement, or by law, authorised to invest, or in bonds, mortgages, or deben- tures, or debenture stock of a railway company in Great Britain or Ireland, incorporated by special statute, and having for ten years previous paid a dividend on its ordinary stock or shares; with power to vary. (2) In discharge, pur- chase, or redemption of incumbrances affecting the inherit- ance of the settled estate, or in land tax, tithe rent charge, crown rents, chief rents or quit rents affecting the settled land. (3) In improvements under the Act. (4) In payment for equahty of exchange or partition. (5) In buying the seig- nory of freeholds or the fee simple of copyholds, or (6) the reversion or freehold in fee of leaseholds — subject to the settlement. (7) In buying any fee simple or copyhold lands or leaseholds having 60 years unexpired, w^ith or without minerals. (8) In buying minerals or mining privileges in fee simple, or for at least 60 years. (9) In payment to any absolute owner. (10) In paying costs. (11) In any other way authorised by the settlement. (Sec. 21 ; see also sees. 34, 36 and 37.) Q. Who are trustees for the purposes of the Settled Land Acts'^ A. Original trustees may be appointed by the settlor or by the Court, and, if there are no trustees at any time, the Court may appoint trustees. Further, under the Settled Land Act 1890 (sec. 16), if there are, for the time being, no trustees of the settlement for the purposes of the Act, the following persons shall be trustees : {a) Any persons for the time being under the settlement trustees with power of sale of other land comprised in the settlement and subject to the EEAL AND PEKSONAIi PROPERTY. 81 same limitation as to the land to be sold or with power of consent to or approval of the exercise of such a power of sale, or if no such persons then {h) any persons for the time being under the settlement trustees with future power of sale or under future trust for sale of the land to be sold or with power to consent to or approval of the exercise of such a future power of sale, and whether the power or trust takes effect in all events or not. 4. — Estates Tail. Q. Explain the meaning of an estate tail. By virtue of ivhat statute is it created ? In what cases and hoiv can a tenant in tail create a base fee, and convey an estate in fee simple f A. An estate tail is an estate given to a man and the heirs of his body ; it may be general or special, male or female ; and it is created by virtue of the statute De Bonis Gonditioncdibus. Where a tenant in tail in re- mainder bars the entail without the consent of the pro- tector, he creates a base fee — which may subsequently be enlarged into a fee simple by a new disentailing deed executed with the consent of the protector, or after the protector's death, or by merger in the reversion in fee, or by 12 years' possession after the protector's death. A tenant in tail in possession (or one in remainder with the protector's consent) can convey an estate in fee simple by deed, en- rolled in the central office within six months. Every tenant in tail can convey a fee simple under the Settled Land Acts, but the entail would attach to the purchase-money. Q. What were the provisions of the statute " De Donis Conditionalibus " ? State the reasons ivhich led to tlie enact- rtient, and sJioiv hoiu its effects were counteracted. A. This statute (13 Edw. 1, c. 1) provided that the will of the donor should be observed ^secundam formam in carta doni expressam, and that an estate given to a man and the G 82 THE student's guide to the law of heirs of his body, should strictly so descend, notwithstanding any alienation by the donee. The reason for this enactment was that a grant to a man and the heirs of his body was construed as creating a conditional fee, that the donee could alienate absolutely on the birth of issue. Its effects were counteracted by the system that grew up of suffering fines and recoveries, the first instance of one being allowed being found in Taltarum's Case, which was decided about 200 years after the statute. Q. State shortly the effect of the Fines and Recoveries Act as to barring estates tail. A. It abolished the methods of barring an estate tail by fine and by common recovery, and substituted a deed executed by the tenant in tail and enrolled in the Central Office of the High Court within six months afterwards. As regards an estate tail in remainder, if the consent of the pro- tector of the settlement is not obtained, a base fee only is acquired. _> Q. Shoiv the different effect of a gift to a man and the heirs of his body of freeholds, copyholds and leaseholds. A. In freeholds, the man takes an estate tail by the statute De Bonis, which he can bar under 3 & 4 Wm. 4, c. 74. In copyholds — if the custom of the manor allows entails, he takes an estate tail which he can bar under 3 & 4 Wm. 4, c. 74; but if not, he has a fee simple conditional which he cannot alienate until the birth of living issue. In leaseholds, he gets the absolute ownership, because there can be no estates in personalty, and words which give an estate tail in realty give absolute ownership of personalty. Q. Under a devise of freehold land to tivo persons and the heirs of their bodies, what estates are created luhere (a) such persons can intermarry, and (b) tvhere they cannot ? A. {a) An estate in special tail which will descend only to the heirs of their two bodies. As long as A and B live EEAL AND PERSONAL PROPERTY. 83 they share the rents and profits equally; on the death of either the survivor is entitled to the whole for life, and on the death of the survivor the heir of their bod}'' (if they have intermarried) will succeed by descent, (h) A and B are ordinary joint tenants for life ; on the death of one the survivor takes the whole for life, but on the death of the sur- vivor the inheritance is severed, and the heir of the body of A, and the heir of the body B, become tenants in common in tail without further survivorship. Q. Who is a tenant in tail after 'possibility of issii.e extinct ? Can he bar the estate tail ? Give your reason. A. He is the owner of an estate in tail special {i.e., to him and the heirs of his body by a particular wife) where the particular wife is dead without issue. He is expressly restricted from barring the entail by 3 & 4 Wm. 4, c. 74, sec. 18. But he has the powers of a tenant for life under the Settled Land Act 1882. Q. What difference is there in the effect of a limitation to j a man and his heirs male when contained in a deed, and ivhen contained in a will ? Explain the reason. A. In a deed, a fee simple will be created, for there are no words of procreation ; in a will, however, such words will create an estate in tail male, on account of the guiding rule that the intention shall be observed. Q. Land was limited to A and his heirs by B, his ivlfe. "/"' B having died without issue, can A sell the fee simple ? A. In a deed, this limitation would be construed as passing a fee simple, so that A would always have full power of dis- position. In a will, however, the intention of the testator is to be observed, and it would be construed as an estate in special tail, and after B's death without issue, A being tenant in tail after possibility of issue extinct, could not bar the entail if it still subsisted, and therefore could not sell the fee simple — except under the Settled Lahd Act 1882, under which he is a tenant for life. Q 2 ^ 84 THE student's guide to the law of Q. What analogy to the ojjice of "■ protector '' of a settle- ment existed previously to the Fines and Recoveries Act ? Show in 'what respects the establishment of the office was (t neiv departure. A. Before the Act, it was absolutely necessary that the first tenant for life who had possession of the land should concur in the proceedings, for no recovery could be suffered unless on a feigned action brought against the feudal holder of the possession. Now, the office of protector is established when the estate tail is in remainder, but, although the pro- tector is usually the first tenant for life, not more than three persons may be specially appointed by the settlement. Where a previous life estate does exist, it does not confer the office of protector unless it is created by the same settlement which created the estate tail, (WilHams' Eeal Property, 97, 98.) Q. A being tenant for life luith rem,ainder to B in tail, under one instrument, ivhat power has B over the estate, firsts with A's consent; and, secondly, ivitltout it? A. During the continuance of A's life estate, B can only completely bar the entail with his consent as protector. If B does not get A's consent, though B can bar his own issue, he cannot bar the remainders over, and will create what is known as a base fee. Q. By marriage settlement freehold lands were liTnited to A for life, remainder to his first and other sons successively in tail male, remainders over ; and copyholds ivere surrendered to trustees, their heirs and assigns, and leaseholds were assigned to trustees, their executors, administrators, and assigns, upon trusts corresponding ivith the uses of the free- holds. A is dead, and his first son B, having attained majority, wishes to acquire absolute interests in the ivhole property. Hoiu can this be done ? A. As to the freeholds, B must execute a disentailing deed, and enroll it in the Chancery Division within six months after execution ; he will thereby acquire the absolute fee BEAL AND PERSONAL PROPERTY. 85 simple in possession. As to the copyholds — (1) if the custom of the manor permits entails, B can bar the equitable entail by suri'ender or deed enrolled, and so acquire the absolute estate ; (2) otherwise, he has an estate analogous to the old fee simple conditional, and can only acquire the absolute ownership by alienation during the life of his issue. As to the leaseholds, he is absolute equitable owner of them, for words which create an estate tail in freehold give the abso- lute ownership of personalty. Q. What is a base fee, and hoiu may it be enlarged into a -f' fee simple absolute ? A. A base fee is one to exist only whilst a certain quali- fication is attached to it, and the term is particularly applied to the estate which a tenant in tail in remainder creates who bars the entail without the consent of the protector. Such an estate may be enlarged into a fee simple absolute (1) by the execution of a new disentailing assurance, with the consent of the protector ; (2) by the execution of a new disentailing assurance when the estate tail becomes an estate in possession ; (3) by the base fee and the ultimate limitation in fee simple becoming vested in the same person ; and (4) by lapse of time under the Statute of Limitations (37 & 38 Vict., c. 57, sec. 6). Q. What powers of sale and leasing belong to a tenant in la il in possession and a person entitled in possession to a base fee ? A. Under sec. 58 of the Settled Land Act 1882, both of these parties have the powers of a tenant for life under that Act, viz., full power of sale, and a power of leasing, 99 years for a building lease, GO years for a mining lease, and 21 years for any other lease. Also under the 3 & 4 Wm. 4, c. 74, there is a power of leasing for 21 years. These powers may be exercised without barring the entail. 5. — Devolution on Death. Q. State the I'ules of descent of an estate in fee simple. 86 THE student's guide to the law of where the last purchaser leaves issue, and define last jpur- chaser. When does land, of ivhich a man died seised, des- cend on his father, and when does it descend on his eldest brother ? A. See the rules set out in Williams' Eeal Property. The rules specially asked for are 1, 2, 3, 4, and 7, but rules 5, 6, 8, and 9 should be considered also to make the answer complete. The last purchaser is the person who last acquired the lands otherwise than by descent, or by escheat, partition or enclosure (3 & 4 Wm. 4, c. 106, sec. 1). When the issue of the purchaser fail, the lands descend upon his father ; and if the father is dead, or if he succeeds and then dies without disposing of the lands, they go to the purchaser's eldest brother. Q. State the alterations introduced by the Act for the amendment of the Latu of Inheritance as to tracing descent from the purchaser and the admission of the half-blood. A. Under this Act (3 & 4 Wm. 4, c. 106), instead of the old rule seisina facit stipitein, the rule now is that the descent is to be traced from the last " purchaser," ^.e., the last person entitled otherwise than by descent, escheat, partition, or enclosure. The half-blood formerly could not inherit, whereas, under this Act, they now inherit {a) next after a kinsman of the same degree of the whole blood and the issue of such kinsman, when the common ancestor is a male, and ih) next after the common ancestor, when the common ancestor is a female. Q. A bought freehold land, and died intestate, leaving a widow and an only child, a daughter. The tvidow m,arried again and had a son by Iter second marriage. The daughter has died an infant and luithout having married, leaving her mother, her half-brother, and a paternal first cousin surviving her. To tvhoTu does the land belong, and for what estates ? A. The descent is to be traced from A as " the purchaser" (rule 1) ; the daughter took by descent and did not break the REAL AND PERSONAL PROPERTY. 87 line of descent; A's issue being extinct, recourse must be had to his hneal ancestor (rule 5), who was his father (rule G), and who is represented by his lineal descendant, the child of A's brother or sister and first cousin to A's daughter (rule 4). The first cousin, therefore, takes the land, subject to the widow's right to dower, unless that is barred. Q. Land descended on A from his mother; he settled it upon himself for life, luith remainder to his first and other sons successively in tail, luith remainder to his oiun right heirs. He died a bachelor, and intestate. Is his heir to be traced through Jus father, or through his mother, and luhy ? A. Through his father, because the settlement broke the line of descent, and constituted A " the purchaser" (3 & 4 Wm. 4, c. 106, sec. 3), and as A has no issue, the descent is traced through A's nearest lineal ancestor, who is his father. (Rules 5 and 6.) Q. What are the different modes of descent of lands held in gavelkind, and borough English respectively ^ A. The descent of gavelkind and borough English lands follows the rules which apply to ordinary freeholds so far as those rules are consistent with the peculiar customs of either tenure ; e.g., in both tenures, the descent goes to males before females, to hneal heirs before collateral heirs. In gavelkind, by special custom, all the sons inherit equally, and this applies to collaterals. In borough English the younger sou inherits, but this does not apply to collaterals. Q. A (a bastard) dies intestate, seised in fee simple of land, and leaving a ividoiv, B, and an only child, C. C dies intestate, an infant. Could B at common law, and can she noiu, inherit "^ A. B at Common Law could not inherit, as a bastard can have no heirs except those of his body ; but since Lord 8t. Leonard's Act (22 & 23 Vict., c. 35), she will inherit, as the heir of C, who was the person last entitled. 88 THE student's guide to the law of Q. Tenant in fee of some, and in tail male in possession of other, com^mon socage and gavelkind lands, died in 1878 intestate, leaving a ividow and the following issue: two daughters of his deceased eldest son, two sons, and a son of his deceased daughter. Who are entitled to the lands, and for what estates and interests ? A. The fee simple socage lands descend to the two daughters of the deceased eldest son, as coparceners (rules 1, 2, 3, and 4) ; the fee simple gavelkind lands descend to the two living sons and to the two daughters of the deceased son taking per stirpes, as coparceners (the same rules varied by the custom of gavelkind) ; the entailed socage lands des- cend to the elder of the two living sons, the daughters of the deceased son being excluded by the limitation in tail male (the same rules) ; the entailed gavelkind lands descend on the two living sons as coparceners in tail male (the same rules varied by custom and limitation). Q. Tenant in tail general died in 1880, leaving issue only three daughters — Mary, Eliza and Jane. Mary died in 1883, leaving a husband and an only son. Eliza died in 1884, a spinster. There has been no disentail. Who are noiv entitled, to the land, and in what shares, and for what estates ? A. Mary, Eliza and Jane took as coparceners in tail general (rules 1, 2, 3). On Mary's death, her share descended to her son in tail general (rule 4), subject to her husband's life estate by curtesy. On Ehza's death, her share descended on her sisters Mary and Jane as coparceners in tail general (rules 1, 2, 3), but Mary being then dead, her share went to her son in tail general (rule 4) freed from curtesy. Q. A married woman, tenant in tail in possession, dies leaving a husband and an only son ; what estates in the land do the husband and son respectively take, and ivhat estates can either of them convey to the other, and by what means ? A. The husband takes a life estate as tenant by curtesy, and the son takes an estate tail subject to that life estate. REAL AND PERSONAL PROPERTY. 89 The husband can by deed surrender his hfe estate to the son, so as to merge it and accelerate the estate tail into possession. The son can (if 21) bar the entail, and so acquire a fee simple absolute ; and he can then conve}^ that estate by a deed of release to his father, and so merge the life estate in the fee. The father also has the powers of a tenant for life under sec. 58 of the Settled Land Act 1882, and can sell and convey the fee simple to the son under that Act, the result being that the life estate of the father and the estate tail in remainder of the son would attach to the purchase- money and the lands be freed. Q. What is meant by " next of kin " and ** statutory next of kin " ? A dies leaving a father, a mother, a luife, a son, and -j- two grand-daughters, the children of a deceased cldld. Who are A''s next of kin, who are his statutory next of kin, and who are beneficially entitled to the personalty of tuhich he dies intestate ? A. Next of kin means those who literally are the nearest of kin in the strict sense of the word ; while statutory next of kin means those persnos who under the Statutes of Distribution are entitled to share in the personal estate of an intestate, and thus includes persons who, not being them- selves next of kin, take as representing deceased next of kin, A's next of kin are his father, mother and son. A's statutory next of kin are his wife, son, and two grand-daughters ; and the wife takes one-third of the personalty, the son another third, and the two grand-daughters the remaining third equally, because issue of the intestate always take per stirpes. Q. State the general effect of the rides by ivJiicJi the ' succession to the residue of an intestate's personal estate is regidated. A. The widow takes a third if the intestate left a child or children ; and, subject to her share, the children take the whole equally between them, and if any child has died leaving issue such issue always take the parent's share per 90 THE student's GUIDE TO THE LAW OF stirpes (In re Natt, 57 L. J., Ch., 797). If there is no issue, the widow gets i^oOO charged rateably on the realty and personalty (Intestates Estates Act 1890) and also half the residue, and the other half goes to the next of kin, who would be the father, if living. Failing a father, the mother and brothers and sisters of the deceased take equally, and if any brother or sister is dead leaving issue, the issue take the parent's share 'per stirpes if any of the prior class {i.e., a brother or a sister or the mother) are living. No representation is allowed after brothers' and sisters' children. Beyond the above details it is simply a question for enquiry as to who are the nearest next of kin. Q. A died intestate and childless, and luithout leaving father or mother, but leaving a widow, a half-brother, and two nephews, the children of his only sister of the whole blood deceased. He never hoA any other brother or sister. Who are entitled to his real and personal estate respectively, and for what interests, and in what shares ? A. The widow first gets i'500 rateably out of the realty and personalty (Intestates Estates Act 1890). Then the widow gets dower (if not barred) out of the real property, and (subject to the dower) the real property goes to the elder of the two nephews absolutely (rule 7). And the personalty goes as to one moiety to the widow, and as to the other moiety half goes to the brother of the half-blood, and the other half equally between the nephews, taking per stirpes. Q. A died iidestate, leaving his farther, a 'widotv, and a child. B died intestate, leaving several children, but no father, mother or widow. G died intestate leaving no child or repre- sentative of one, but a widow and a father. D died intestate leaving no child or representative of one, no father or mother, bid a luidoiu and several brothers and sisters. State between whom, and in what shares, the several personal estates of A, B, C, and D are divisible. A. (1) One-thira of A's personalty goes to his widow and EEAL AND PERSONAL PROPERTY. 91 the remainder to his child. (2) B's personalty is divided equally amongst his children. (3^ C's personalty is divided equally between his widow and father after the widow has first got her £500 under the Intestates Estates Act 1890. (4) After D's widow has had £500, half of D's personalty goes to his widow and the other half equally between his brothers and sisters. (22 & 23 Chas. 2, c. 10 ; 1 Jas. 2, c. 17, sec. 7.) Q. A man dies intestate leaving real and personal estate, a ividow, and no relative by blood. To tvhom, and in luhat shares, does his property belong <^ A. The widow first gets £500 rateably out of realty and personalty (1890 Act). Then subject to his widow's dower (if not barred) his real estate escheats to the Crown, whether it is legal or equitable, corporeal or incorporeal (47 & 48 Vict., c. 71, sec. 4) ; and the widow takes half the personalty, whilst the other half goes to the Crown as bond vacantia. Q. A man died intestate luithout child or father, but leav- ing his tvife, his mother, txvo brothers, three sisters, and ten nepheivs and nieces him surviving. Who are entitled, and in ivhat shares to his personal estate 1 A. The wife takes £500 and a moiety of the balance ; and the remaining moiety is divided equally between the mother, brothers, and sisters, the ten nephews and nieces taking per stirpes the share to which their deceased parent would have been entitled. Q. Freehold land ivas limited to the -use of A in tail r>ude, remainder to B in fee. B by his will devised all his real estate to A. (1) If, under these circumstances, A dies intestate leaving issue only a son, ivhat estate will the son take ? (2) //" A dies intestate leaving only a daughter, luJtat estate will tlce daughter take ;<^ (3) In either case will A's widow be dowable ? A. The estate tail does not merge in the remainder in fee because of the statute De Donis. {!) The son, therefore, takes an estate in tail male, with a remainder in fee simple, as 92 THE student's guide to the law of heir-at-law of his father the purchaser. (2) The estate tail is extinct, as A the purchaser has no male issue ; the daughter, therefore, takes a fee simple absolute in possession by descent from A. (3) In both cases A's widow is entitled to dower, if it is not barred. Q. A purchases land and dies intestate, leaving a luife, son and daughter. His property comprises lands held in fee simple, in tail general, pur autre vie, and for terms of years. In ivhom do these properties vest ? A. The fee simple lands go absolutely to the son, subject to dower (if not barred) ; the tail general lands go to the son as tenant in tail by descent, subject to dower (if not barred) ; the estate. j5? What danger is there of the gift to the son failing ? 102 THE student's GUIDE TO THE LAW OF A. The nephew being a bachelor, this is a contingent remainder, and hable to fail by the nephew dying before he has a son of that age. The limitation would be void as an executory interest for exceeding the rule against perpetuities, and 40 & 41 Vict., c. 33, would not here assist. (See Brackenbury v. Gibbons, 2 Ch. D., 417.) Q. Land is conveyed to A for a term of 20 years, luith remainder, if B shall survive the term, to B in fee. Is the remainder good, or bad, and ivhy ? A. The limitation to B is a contingent remainder of an estate of freehold ; it, therefore, requires a particular estate of freehold to support it, and as there is no such estate, the contingent remainder is void. Q. (a) Upon the marriage of A, a bachelor, lands ivere settled upon him for life, luith remainder to his eldest son for life,ivith remainder to the first son of such eldest son in fee. Which of the above limitations would be valid, and luhich void, and ivhy ? (b) Lands were devised to A, a bachelor, for life, with remainder to his eldest son for life, with remainder to the first and other sons of such eldest son successively in tail. What ivould be the effect of that limitation, and why ? A. (a) The limitations to A for life and to his eldest son for life are good ; but the further limitation to the son of the eldest son in fee is void, because it infringes rule 6 (see page 100) for the creation of contingent remainders. (6) The limitation to A for life is good, and the remaining limitations are construed by the cy-prls doctrine as giving an estate tail to A's eldest son. (See further ante, page 100.) Q. Explain the necessity ivhich formerly existed for trusts to preserve contingent remainders. A. Because in the absence of such trusts, if the particular estate ended by forfeiture, surrender, or merger, before the contingent remainder was ready to vest, such contingent remainder failed, as it had no particular estate to support it. 8 & 9 Vict., c. lOG, did away with the necessity for such trusts. REAL AND PERSONAL PROPERTY. 103 Q. What restriction existed at Common Law with regard to the alienation of contingent remainders ? By ivhat statute ivas this restriction removed ? A. At law, when the person in whom the contingent remainder must vest (if it ever does vest) was once ascer- tained, he could release it to a person having a vested interest in the land, or could devise it to anybody ; but in equity, any conveyance of it for value was enforced. By 8 & 9 Vict., c. 106, a contingent interest is made alienable by deed, whether the object of the limitation of such interest is or is not ascertained; and the Wills Act 1837 makes all contingent interests devisable. (Edwards, 142.) Q. What is meant by a vested estate subject to being divested ? A. An estate vested in any person, but liable to be over- reached and brought to an end by means of an executory limitation, e.g., where lands are given to A and his heirs to such uses as B shall appoint, and in default of and until appointment to the use of C and his heirs, here C has a vested estate in fee simple in possession, of which, however, he may be divested (in all or in part) by B exercising his overriding power of appointment. Q. Explain the meaning of the folloiving terms: — " Fossi- X, bility of reverter." " Contingency ivith a double aspect" A. Possibility of reverter signifies the chance of the lord of the fee getting back the lands granted either by forfeiture or by escheat. A contingency with a double aspect is the alternative limitation of two interests, e.g., a limitation to A for life, and, if A leave a son, to that son in fee, but, if A leave no son, to A's daughter in fee ; and is valid despite the rule that there can be no remaiiider limited after a fee simple, for the second contingent remainder is not limited after, but is in substitution for, the former. Q. A testator bequeathed g, legacy to B, to be paid when he attained the age of 21 years ; a legacy to C, payable three years 104 THE student's GUIDE TO THE LAW OF after Ids (the testator's) death ; a legacy to D, If he attained 21 ; a legacy to E, at the age of 21 ; a legacy to F when he attained 21, ivith a direction that interest at 5 per cent, on the last- mentioned legacy shoidd in the meantime he applied for the benefit of F ; and, lastly, a legacy to G at the death of the testator's luife ; and made his tvife residuary legatee. B, D, E, and F respjectively died under the age of 21 years; C died three months after the testator ; and G died in the life- time of tJie testators -widow. Which of the legatees took vested interests in their legacies, and which did not ? A. The legacy to B vested at testator's death, for the time of payment only was postponed, the gift being a present one, and B's next-of-kin will get the legacy. C's legacy also vested and goes to his personal representative for the same reason. The legacies to D and E did not vest, but were given contingently on their respectively attaining 21 ; both legacies, therefore, pass to the testator's widow as residuary legatee. F's legacy is saved from the fate of those to D and E by the gift of interest until the contingency happens, which makes the legacy a vested one, and consequently it passes to F's legal personal representative in trust for his next-of-kin. G's legacy vested at testator's death, the time of payment only being postponed. (Hanson v. Graham, Indermaur's Conveyancing and Equity Cases, 50.) Q. A fund ivas bequeathed to A for life, and after his decease to the children of B in equal shares. B had five children, three horn in A's lifetime, and two after A's death : but one of the children born in A's lifetime died an infant before A's death. Who, upon A's death, ivoidd be entitled to the fund, and ivhy ? A. The fund is divided equally amongst the three children born in A's lifetime, the deceased child's share passing to his next-of-kin. One of the rules for construing testamentary gifts to children is that where a particular interest is carved out (here, A's life interest), with a gift over to the children EEAL AND TERSONAL PROPERTY. 105 of any person, such gift over embraces all the children Avhu come into existence before the period of distribution (A's death). (See notes to Viner v. Francis in Indermaur's Con- veyancing and Equity Cases, 38.) Q. State the ride in Shelley's case. Do you know the ^_L~. reasons for the rule ? Does it apply to wills as ivell as to deeds ? A. If a person by any conveyance has an estate of free- hold, and, by the same conveyance, an estate is limited (mediately or immediately) to his heirs in fee or in tail, the word " heirs " is a word of limitation and not of purchase, i.e., it marks out the estate taken by the person himself and gives nothing directly to the heirs — e.^., limitation to A for life with remainder to the heirs of his body, A takes an estate tail. The reasons for the rule appear to be three— (1) The two limitations virtually accomplished the same purposes as a gift of the inheritance to the ancestor, and therefore the law construed them as such a gift, so as to avoid the injury sus- tained by the claims of the lord and the specialty creditors of the ancestor being fraudulently evaded ; (2) a desire to facilitate alienation, by vesting the inheritance in the ancestor instead of keeping it in abeyance till his death ; (3) the carry- ing out of the primary intention that the ancestor should enjoy the estate for his life and, subject thereto, it should descend to his heirs, by sacrificing the secondary intention that the ancestor should have a life estate only, and that his heirs should take by purchase. (Smith's Compendium, 6th edition, page 181.) The rule is apphed to limitations in wills, except where its application would clearly have a result contrary to the intention of the testator as expressed in the will itself. Q. What difference is there between a llinitation to A for . ". . . . \ life, ivith remainder to tlie heirs 'male of his body, and a, limi- tation to A for life ivith remainder to his first and other sons successively, and the heirs male of their respective bodies ? A. In the first case A takes an estate tail male under the 106 THE student's GUIDE TO THE LAW OF rule in Shelley's case ; in the second case only a hfe estate, and his son an estate tail male. Q. Define a ^^ perpetuity," and state the rules governing '^ the limitations of estates in land in reference to the laiv of- perpetuities. A. A perpetuity means any limitation of a future estate or interest whereby the vesting of the absolute ownership or of an indefeasible estate in fee simple may be postponed for a longer period than the law permits. As to remainders, the rules are that an estate cannot be hmited to the child of an unborn person in remainder after a particular estate limited to its parent, and that a contingent remainder must (unless within the Contingent Eemainders Act 1877) vest not later than the ending of the particular estate (see page 100). Executory interests, and equitable contingent remainders, and contingent remainders of copyholds, and future interests in personalty, are governed by the Eule against Perpetuities which makes them void if, at the time when the limitation comes into force, there is a possibility that the estate or interest limited will not vest within the period of a life or hves then in being, and 21 years longer ; but this rule does not vitiate (1) limitations following an estate tail, (2) charitable trusts, (3) powers of sale in a settlement of land, (4) a trust to accumulate for payment of debts, and (5) restrictive covenants binding land. (Edwards, 323—329.) Q. State the rule of km as to perpetuities. A, by his iv'dl, gives personal property on trust for his daughter, B, for life, remainder in trust for any man tvhom site may marry for life, luith remainder as to both capital and income, to such of B's children as attain 21. He makes a similar gift in favour of his daughter, C, and her husband, with remainder, as to both capital and income, to such of C's children as shall be living at the death of the survivor of C and her husband, and attain 21. Are any of these gifts void for remoteness ? A. All executory interests must commence within the EEAL AND PERSONAL PROPERTY. 107 period of any fixed number of existing lives and 21 years afterwards, with a further period for gestation where it actually exists. The rule against perpetuities is reckoned from the date when the instrument comes into operation — here, the death of A. All these gifts are good. In B's case the limitations must vest within 21 years after B's death ; and in C's case it is the same, as C is actually married when A dies. (Cadell v. Palmer, and Notes, in Tudor's Keal Property Cases.) Q. Mention the various i')eriods during luhich accumula- tions are allowed hij the Thellusson Act (39 & 40 Geo. 3, c. 98), and the cases to luhich the Act does not apply. A. Income may not be accumulated for a longer period than (1) the life of the grantor, settlor, devisor, or testator ; or (2) 21 years after his death ; or (3) the minority of any person living or en ventre sa mere at such death ; or (4) the minority of any person who, if living, and of full age, would be entitled to the accumulations. Where a direction for accumulation exceeds those limits, the excess only is void (Griffiths v. Vere, Indermaur's Conveyancing and Equity Cases, 23) ; unless the period may transgress the rule against perpetuities, when it is void altogether (Cadell v. Palmer, Indermaur's Conveyancing and Equity Cases, 23). Income directed to be accumulated contrary to the Act goes to the person who would have been entitled in the absence of such direction (sec 1). The Act does not apply to provisions (1) for payment of debts ; (2) for raising portions for children ; and (3) as to the disposal of the produce of timber or wood — and in these three cases the accumulation may be for the full rule against perpetuities. The Accumulations Act 1892, forbids accumulations /or investment in land only being valid beyond the minority of the next owner. Q. A testator, ivho died in 1837, directed his trustees, out of the income of his real and personal estate, to pay an annuity to his ivife during her life, and to accumidate the rest of the 108 THE student's GUIDE TO THE LAW OF income during her life, and at her death to pay the accumu- lations to such of his brothers as should then be living. Hisivife died in 1870, and tiuo brothers of the testator ivere then living. Hoiv far, if at all, luas the direction valid, and to ivhom did the surplus income from the death of the testator to that of the wife belong "^ A. The direction is good for twenty-one years after the testator's death, and the accumulations during that period will go to the two brothers living at the wife's death in 1870 ; but the direction is void after the twenty-one years, and the excess income from 1858 to 1870 goes to the persons entitled in the absence of any such direction, i.e., so far as it comes from realty, to the residuary devisee under the will, or the heir-at-law, as the case may be, and so far as it comes from personalty, to the residuary legatee or next-of-kin. (See last answer.) Q, What restriction has been placed on executory limita- tions by the Conveyancing Act 1882, sec. 10 '^ A. That where, under any instrument coming into operation after 1882, any person is entitled to "land" in fee, or for years (absolute or determinable on life), or for life, with an executory limitation over on default or failure of his issue, such executory limitation shall not take effect if any issue capable of inheriting attains twenty-one. (See also next question, and post, i^age 139.) Q. A testator, ivho died in 1883, devised a freehold farm to A in fee simple ; but if A should die without leaving issue living at his death, then over to persons luho cannot now be ascertained. A, ivho has adidt children, has sold the farm as absolute owner. The pjurchaser objects that the title is bad, A's estate being defeasible by his death tuithout leaving issue. Is the objection sustainable, and is the date of the testator's death important f A. The objection is not sustainable, because the executory limitation over in default of issue is in an instrument which REAL AND PERSONAL PROPERTY. 109 came into operation after 1882, and A, on whose death with- out issue the property is to go over, actually has issue who has lived to attain twenty-one. (Conveyancing Act 1882, sec. 10.) If the testator had died before 1st January, 1883, the objection would have been fatal. Q. (a) What is a jpoiver ? (b) Hoiv do tlie estates created under a jooiver take effect luit/i respect to the settlement which contains the poiver ? A. (a) A power in its widest sense is an authority. AVith regard to freeholds, a power may be defined as the means of causing a use, with its accompanying estate, to spring into existence at the will of a given person. Powers may be either common law powers, equitable powers, statutory powers, or powers operating under the Statute of Uses. There are also general powers and special powers ; powers appendant, in gross, and collateral ; and special powers may be either exclusive or non-exclusive, (b) As if such estates had been actually limited in the settlement itself. Q. Give an example of a poiver (a) operating at law, (b) in equity only, (c) under the Statute of Uses, (d) Under luhich class of poiuer does the power of sale formerly inserted in a mortgage fall ? And state shortly how it operates when exercised. A. (a) Power of attorney to collect a debt ; or where a fee simple owner by will simply directs B to sell his land, (h) Any power of appointing the equitable interest in property given to an equitable life tenant, or a mortgagee's power of sale. (c) Grant of freeholds to A and his heirs to such uses as B shall by deed or will appoint, and in default of and subject to such appoint- ment to the use of C and his heirs, (d) Equitable powers, for the mortgagee as legal owner could dispose of the property if he were not prevented by the rules of equity, and the effect of the power is to partially remove the restraint imposed by equity.' A mortgagee selling in the absence of such a power could conve}' the legal estate, but 110 THE student's GUIDE TO THE LAW OF the purchaser's rights would be subject to the mortgagor's equity of redemption ; a sale under the power extinguishes the equity of redemption. (Goodeve's Kealty, cap XT.; Elphinstone's Conveyancing, 8.) Q. You are instructed to draiu a conveyance of freehold land to A in fee simple, and to insert in the conveyance pro- visions authorising B to convey the land to any other -person without A's consent. What is the proper method of framing these provisions ? If B conveys under these provisions can he deal ivith the legcd estate ? State reasons for your opinion. A. Convey the freehold land (1) to such uses as B shall by deed or will appoint, and (2) subject thereto to the use of A in fee simple. The power is an authority to cause a use with its accompanying legal estate under the Statute of Uses to spring up at the pleasure of B ; so that if B appoints to C, the legal estate for life at once vests in C for life, and A is pushed aside, because all estates created under powers take effect as if they had been inserted in the instrument creating the power instead of the power itself. Q. Define a general and a limited poiver of appointment. Hoxv are appjointments thereunder affected by the rule against perpetuities ? A. A general power is one that may be exercised in favour of any one without restriction on the choice of the donee, and the rule against perpetuities applies as from the time when the power is exercised, e.g., if exercised by deed from its execution, or if by will from the appointor's death. A special power is where the donee is restricted to exercise it in favour of specified persons or classes ; and here, as the property is really tied up to those special objects from the creation of the power, the donee cannot create any estate which could not have been created by the instrument conferring the power. Q. Two funds of personalty are settled, one upon such trusts as A shall by will appoint, the other upon trust for A's REAL AND PERSONAL PROPERTY. Ill children as he shall by ivill ajppoint. A bequeaths both funds to such of his children as shall attain 23 years. State the efed of the rule against perpetuities upon each of these appointments. A. Under the first settlement, Alias a general power, the rule against perpetuities is applied from its exercise, and as all his children must attain 23 within the period fixed by the rule, the appointment is good. But as to the second fund, A has a special power, the rule is applied from its creation, and, as the appointment may transgress the rule, it is void. Q. What are the legal requisites for the valid creation of a power? A. There are three requisites to the valid creation of a power, namely, (1) sufficient words to denote the intention ; (2) an apt instrument ; and (3) a proper object. (Sugden, 102.) No technical or express words are necessary to create a power, provided the intention be clear. A power may be created by a deed or will. In powers operating under the Statute of Uses, the land must be conveyed to uses, and the power is only over the use, though by force of the statute the appointee takes the legal estate. The objects may be of any nature provided the rules of law or equity are not thereby transgressed. Care must therefore be taken in creating a power not to exceed by possibility the limits of the rule against perpetuities. (See Farwell on Powers.) Q. Explain the distioiction between poivers and estates, and between pjowers collateral and those ivhich relate to the land. A. A power is a bare authority, which confers no owner- ship but may give an interest to the donee ; whilst an estate is actual ownership of property, which, if accompanied by the legal seisin, entitles the owner to possession, and, if an equitable estate, entitles the owner to compel the legal holder to account for the profits. -Powers collateral are powers, operating under the Statute of Uses, given to mere strangers 112 THE student's GUIDE TO THE LAW OF who take no interest in the land ; whilst powers relating to the land are, also, powers operating under the Statute, but are given to persons having an estate in the land, and are either appendant, that is, may be exercised during the con- tinuance of that estate, or in gross, that is, can only be exercised after the determination of the estate. Q. State, giving examples, the rules governing the opera- tion of excessive appointments under powers, and shoiu in what cases the cy-pres doctrine is applied to such appoint- ments. A. Where there is a complete execution of the power and something ex ahundanti added, which is improper, the execu- tion is good and the excess only void ; but where there is not a complete execution of the power, where the boundaries between the excess and the execution are not distinguishable, it will be bad. The leading case of Alexander v. Alexander furnishes a good instance of an excessive execution of a power. The cij-prls doctrine is applied in some cases of appointments by will, so as to give effect, as nearly as may be, to the testator's intention ; thus, it has been decided that w^here a power of appointing land, or money to be laid out in land, is given in favour of children, and the power is exercised by will in favour of a child, with remainder to the children of such child in tail — here the Court will give an estate tail to the child to whom a life estate only is given by will. (Indermaur's Conveyancing and Equity Cases, 18, 19.) Q. Give a summary of the legislation of the present century ivith reference to illusory and exclusive appjoint- ments. A. Originally an illusory appointment was good at law though bad in equity. By 1 Wm. 4, c. 4(3, an illusory ap- pointment is valid in equity as well as at law. An exclusive appointment was always void as not being a proper exercise of a special power of appointment. Xow, by 37 & 38 Vict., c. 37, an exclusive appointment is good. REAL AND PERSONAL PROPERTY. 113 Q. Distinguish c 154 THE student's guide to the law of appointment, the land was limited to the use of the purchaser for life ; and on determination of that estate, by any means, in the purchaser's life, a vested remainder was given to a trustee and his heirs during the purchaser's natural life in trust for him ; with an ultimate remainder to the use of the purchaser and his heirs. \ The ef&cacy was that it prevented dower attaching, for during the life of the purchaser he had no estate of inheritance in possession because the vested estate given to the trusteej prevented the legal life estate of the purchaser merging in the legal fee simple remainder. Q. What are a wife^s pioi-money, jointure, and parapher- nalia ; and ivhat arrears of pin-money are recoverable by her and her legal personal representative respectively f A. Pin-money is a yearly allowance secured to the wife by ante-nuptial settlement for dress and personal expenses suitable to the position of the husband. The wife can recover one year's arrears, unless the husband has paid all her personal expenses, in which case she can recover nothing ; unless she has complained and been assured by her husband that she will have it ultimately, in which case she can recover all the arrears. The wife's representatives cannot (from the very nature of the property) recover any arrears. Legal jointure is a competent livelihood of freehold for the life of the wife at least, to take effect presently in possession or profit after the death of the husband ; it was an effectual bar of dower ; it had to be made to the wife directly and not >''■''' to any one in trust for her, and in lieu of her whole dower, and before marriage. Equitable jointure is a provision out of freeholds lacking any of the above-mentioned particulars, or a provision out of personalty ; and./, only put the wife to her election between it and her dower. Paraphernalia com- prise the wife's wearing apparel and ornaments and gifts of jewels, itc, from her husband, to which she is entitled, beyond her dower, provided the husband predeceases her without having disposed of them in his life. They are liable REAL AND PEKSOXAL PROPERTY. 155 to the husband's debts, and must carefully be distinguished from separate estate. , 12. — Incorporeal Hereditaments. Q. Enumerate end classify the prlncixjal kinds of incor- poreal heredyitarnerits. A. According to Blackstone, incorporeal hereditaments are chiefly of 10 sorts. 1. Advowsons. 2. Tithes. 3. Com- mons. 4. Ways. 5. Offices. 6. Dignities. 7. Franchises. 8. Corrodies or pensions. 0. Annuities. 10. Kents. They have been classified as 1. Appendant. 2. Appurtenant. 3. In gross. Q. Mention the characteristics of corumons, (a) appendant ; -yL (b) appurtenant ; (c) in gross. A. Common apijendant arose from necessity, and was the Common Law right of every free tenant of arable land to depasture on the lord's wastes all cattle needed for tillage and manurance of the land {i.e., horses, cattle, and sheep, which are thence called commonable beasts) ; the number of beasts put on was not to exceed as many as the common would feed during the winter ; as it is of common right it need not be prescribed for, and on a sale of part of the lands in respect of which it arises, it can be apportioned ; and it passes along with the lands in respect of which it arises. Common appur- tenant is annexed to some corporeal hereditament, but is against common right because it depends on a special grant (either express or implied from long usage) ; it cannot be apportioned, and fails altogether when it cannot be exercised in its integrity ; it may be created at the present day ; and it also passes along with the property in respect of which it is claimed. Common in gross is the right of the owner to a profit a prendre out of the lands of another, arising by express grant to the commoner, and not as appendant or appur- tenant to any corporeal hereditament ; it requires a deed for its transfer. (See Tyrringham's Case.) 156 THE student's guide to the law of Q. Explain the rule that rent-charges and rights of com- mon appurtenant should he regarded as being " against com- mon right" What consequences have been deduced from the rule with respect to hereditaments of these kinds ? A. They are not of common right, for they do not arise by imphcation of law only as did common appendant, but by express grant, or (as to common appurtenant) by prescription or custom ; and, unlike common appendant, they may be created at the present day. Common appendant was extin- guished by purchase of all the lands over which the right existed ; but rent-charges and commons appurtenant were regarded as entire and issuing out of every part of the land charged. Consequently, the purchase or release of any part of the lands subject to a rent-charge, or common appurtenant, destroyed the charge or common. By 17 & 18 Vict., c. 97, the rent-charge was made apportionable, and by 22 & 28 Vict., c. 35, the release of a portion of the lands from the rent-charge no longer destroys the whole rent-charge. Q. What are the jjrincipjal methods by tvhich rights of com^mon may be extinguished ? A. By express release ; unity of seisin ; or abandonment. Q. What is an easement? State luhid is meant by an ajfirmative easement, and 'what is meant by a negative ease- ment. Give an instance of each. A. An easement is a privilege without profit which the owner of one tenement, which is called the dominant tene- ment, has over another, which is called the servient tene- ment, to compel the owner thereof— (1) to permit to be done, or (2) to refrain from doing, something on the servient tene- ment for the advantage of the dominant tenement. The former is called an affirmative easement, and the second a negative easement. An instance of the former would be where the owner of Whiteacre has a right-of-way over Black- acre, he can compel the owner of Blackacre to permit him to icribe the different kinds of fines payuMe by custom in respect of copyhold estates. A. Fines have been classified as payable (1) on the death of the lord, (2) on change of the tenant, and (3) for licences to empower the tenant to alienate, to demise for more than one year, and the like. Admittance-fines are either certain or arbitrary, but the arbitrary fine must be reasonable and must not exceed two years' clear intrinsic value (except in the case of joint tenants and of remainder-men for lives) where the copyholder has a right to demand admission. (Elton on Copyholds, 128.) Q. What difference is there between copyholds and custo- mary freeholds ? To wJiom, in each case, do the viinerals belong, and ivhat rights has tJte oicner of getting them? A. The former are always expressed to be held " at the will of the lord," whilst the latter were never expressed to be so held. In both cases the freehold, and consequently the minerals, belong to the lord ; but he may not enter on the surface of the lands to work them without the tenant's con- sent, although he may work them from a shaft sunk on adjoining land, taking care he does not injure the surface. Q. Hoiv far can estates tail be created in copyhold^ and hoiu, ivhen created, can they be barred "^ Explain the origin of the differences betiveen freeholds and copyholds ivith regard to estates tail. A. Only where there is a custom of the particular manor allowing estates tail ; if there is no such custom, a surrender of copyholds to A and the heirs of his body gives him an estate analogous to the fee simple conditional created b}' a like grant of freeholds prior to 18 Edw. 1, c. 1. Estates tail in copyholds are barred — (1) if legal, by surrender ; (2) if equitable, by surrender or deed. The consent of the pro- EEAL AND PERSONAL PEOPEETY. 165 tector (if any) is necessary ; and the transaction is enrolled, not in Chancery, but in the court rolls of the manor within six months (3 & 4 Wm. 4, c. 74). The distinction between copyholds and freeholds arises from the fact that the former are regulated by custom, which is their very life, and are not included in the statute Dc Bonis, which relates only to freeholds. Q. In ivhat manner are coijyhoUh conveyed ? Hotv is a nfiortgage of copyholds usually effected '? A. By surrender and admission, duly enrolled on the court rolls of the manor. They are mortgaged by con- ditional surrender. The mortgagee, to avoid payment of the fine, does not usually take admission unless he wishes to sell under his power of sale. When the mortgage is paid off, no re-surrender is necessary, unless the mortgagee has been admitted ; but a memorandum signed by the mortgagee acknowledging satisfaction of the mortgage is entered on the court rolls, and this vacates the conditional surrender. Q. State shortly the history of the laiu as to devisinrj copy- holds. A. Copyholds were not devisable at common law except under a special custom. The Statute of Wills of Henry 8 did not affect them. Under the custom the copyholder surrendered to the uses of his will. The copyhold passed by the surrender and not by the will which merely declared the uses of the surrender. By 55 Geo. 3, c. 192, a will of copyholds is good without any such surrender ; and this continues to be the law under the Wills Act 1837, which now regulates the power of devising copyholds and the form of all wills. (Goodeve's Eealty, 378.) Q. In tvhat diff^erent ivays may the enfranchiseinient of copy- hold lands he effected f SJtoiv the difference of their operation as regards the rights of the lord of the manor. k. At Common Law voluntarily by the fee simple owner of the manor convoying a fee simple estate in the land or ^ 166 THE student's guide to the law oe releasing his seignorial rights to the copyholder — and this absolutely extinguishes all the rights and incidents of copyhold tenure. Under, the Copijhold Acts 1841 to 1887,^ either voluntarily or compulsorily through the award of the Board of Agriculture — but this does not affect any rights of common possessed by the copyholder or (unless expressly so agreed) the lord's right to minerals or any right of fair or market or in respect of game or fish or the lord's right of escheat. (Edwards, 34-37.) Q. What is the best mode of devising copyholds in trust for sale f A. They should not be actually devised to ^the trustees ; but a simple direction should be given to the trustees to sell, by which means the necessity of the trustees' admittance will be avoided. 14. — Leaseholds, &c. Q. Describe and distinguish the chief varieties of chattel interests in land. A. They are those estates in land which are less than freehold, viz., (1) estates for years, (2) at will, and (3) at sufferance. The first is an estate for a fixed period of time, having a certain ending ; the second is an estate determin- able at the will of either party ; and the third is the estate held by a person who has lawfully come into possession, and is now holding over after the termination of that tenancy. A mortgage and a tenancy by elegit are also chattel interests in land. Q. How could a term of years be created at common laiv ? What alterations tvere made in the law in this respect by the Statute of Frauds^ and the Act to amend the law of Real Pro- perty respectively ? A. A term of years could have been created by word of mouth at Common Law. The Statute of Frauds enacted that if the term exceeded three years from the making thereof, or the rent was less than two-thirds of the full improved value ^ EEAL AND PERSONAL PROPERTY. 167 of the land, tlie lease sliould have the effect of an estate at will only unless made by signed writing ; and the Real Pro- perty Amendment Act 1845 provided that all leases required by law to be in writing should be void at law, unless made by deed. (Goodeve's Realty, 142, 143.) Q. Can a lease for years be created or assigned by parol ? Give an analysis of an assignment of a lease for years on sale. Set out the habendum at length. A. It may be created by parol, provided the term does not exceed three years and the rent is not less than two- thirds of the improved value (29 Chas. 2, c. 3, sec. 2) ; but it can only be assigned by deed (Ibid., sec. 3; 8 & 9 Vict., c. 106, sec. 3.) Date; Parties (1) assignor, (2) assignee; Recitals (1) of lease, (2) agreement for sale; Testatum, consideration, receipt ; A, as beneficial owner, assigns to B the parcels (as described in lease) To hold to B for all the residue now unexpired o± the term created by the lease subject to the rent reserved by the lease and to the covenants and conditions therein contained and which henceforth ought on the part of the lessee to be observed and performed ; Covenant by purchaser to pay rent and observe the covenants and conditions and indemnify A therefrom ; Testimonium. (1 Prideaux, 235.) Q. What covenants in a lease run ivith the land demised and bind the assigns {ivhether named in the covenants or not) of the lessee (tad lessor respectively ? A. A covenant is said to run with the land or with tlie reversion respectively when ^i^feei* the liability to perform it, or the right to take advantage of it/jpasses to the assignee of the land or reversion respectively.- At Common Law covenants ran with the land, tut not with the reversion, so that the assignee of the lessee could sue, whilst the assignee of the lessor could not sue except under a power of attorney in the lessor's name. By 32 Heji. 8, c. 34, it was provided that the assignee of the reversion should have the like remedies X ^ 168 THE student's guide to the law of against the lessee and his assigns as the lessor had, and vice versa, that the lessee and his assigns should have the like remedies against the lessor's assignee as he had against the lessor. This statute was, however, held only to extend to covenants which touch and concern the thing demised, and not to collateral covenants. Thus, (1) all implied covenants run with the land ; also (2) covenants touching a thing in esse, j)arcel of the demise, although assignees are not mentioned ; and (3) covenants to do some act upon the thing demised, if the assignee is mentioned. Now, by 44 & 45 Vict., c. 41, it is provided — as to leases made after 81st December, 1881 — that (sec. 10) the rent reserved by, and the benefit of every covenant or provision contained in, the lease having reference to the subject matter thereof, and on the lessee's part to be observed, and every condition of re- entry and other condition, shall go with the reversion expec- tant on the lease, even if severed, and shall be recovered, enforced, and taken advantage of by the person entitled to the income of the land leased ; and that (sec. llj the obligation of the lessor's covenants is to run with the reversion, so far as the lessor had power to bind the rever- sioners, and may be taken advantage of and enforced against the owner for the time being of the reversion.* Q. Didliujiusk behueeii a teimncy attvlU and a tenancy at sufferance. To tvhat notice to quit is a tenant from year to year entitled by connnoa laiv and by statute f A. A tenancy at will arises where premises are let for so long as both parties like, and reserving a compensation accruing de die in diem. This is the original nature of the * As regards covenants relating to the fee simple— the burden of such a covenant never runs with the land at law (Austerberry v. Corporation of Oldham, 29 Ch. D., 7oOj but in equity restrictive or negative covenants will be enforced against a purchaser with notice by an injunction (Tulk v. Moxhay, L. R., 2 Ch.. 774) : and the benefit will only run with the land if it is really connected with tlie enjoyment tliereof (Austerberry v. Corporation of Oklhaui ). (L Smith's Leading Cases, 9th ccUtion, 103, l()4.j REAL AND PERSONAL PROPERTY. IGO tenancy. A tenancy at sufferance is where a tenant has had a fixed tenancy, and is holding over after the expiration of that tenancy. Such tenancies are both capable of being converted into yearly tenancies by the pa3^ment of rent refer- able to any aliquot part of a year. A yearly tenant is at common law entitled to half a year's notice to quit expiring at the end of the current year of the tenancy ; but as regards agricultural property and market gardens, a year's notice so expiring is now required under the provisions of the Agri- cultural Holdings Act 1883. (See Eichardson v. Langridge and Notes in Indermaur's Conveyancing and Equity Cases, 7th edition, 1-3.) Q. A lease for 99 years at £60 a year rent liaving expired, it is found that the tenant has not paid rent, or otherivise acknoiuledged the lessor^s title, for the last 15 years. What are the reversioner 8 rights luith respect to (a) the rent; (b) the land ? A. («) If the lessee is still in possession, he can distrain for the rent accrued due within the six years immediately preceding the distress (3 & 4 Wm. 4, c. 27, sec. 42j ; and, the demise being by deed, he may sue the lessee for the rent which accrued due within twenty years preceding the issue of the writ (3 & 4 Wm. 4, c. 42, sec. 3 ; Lewis v. Graham, 80 Law Times Newspaper, 66.) (6) The reversioner may bring an action for recovery of the land at any time within twelve years after the lease expires, as the possession of the lessee does not become adverse until then (37 & 38 Yict., c. 57.) Q. State the provisions of the Conveyancing Act 1881, sec. 14, respecting restrictions on, and relief against, forfeiture of leases. A. A lessor cannot take advantage of a right of forfeiture reserved on breach of conditions of a lease, until he has first served on the lessee notice (I) specifying the breach com- plained of, (2) requiring the lessee to remedy the breach, if ■A 170 THE student's GUIDE TO THE LAW OF possible, and (3) requiring money compensation for the breach ; and the lessee has failed to comply with such notice for a reasonable time. Even then the lessee may apply to the Court for relief from forfeiture, and the Court may exer- cise its discretion, and impose terms. The section applies to leases, underleases, and grants at fee farm-rent, or at a rent upon condition ; although the right of re-entry is reserved pursuant to the directions of a statute ; and affects all leases notwithstanding stipulation otherwise. A lease ^mtil breach of condition takes effect for as long a term as it can legally exist, subject to the proviso for re-entry on such breach. The section does not extend to covenants or condi- tions against assigning or underletting ; nor to a condition for forfeiture on bankruptcy of lessee, or on execution against lessee's interest*; nor (in a mining lease) to a covenant or condition for lessor to have access to, or inspect accounts, or machinery, or the mine or workings — and against forfeiture for these no relief can be had. Nor does the section affect the law of forfeiture or relief for non-payment of rent. Q. What is the effect of the assignment of a lease upon the r rights and liabilities of the lessor, the lessee, and the assignee ? A. The lessor still keeps all his rights against the lessee, who cannot get rid of his liability without the lessor's con- sent ; and also acquires rights of action against the assignee in respect of the rent and covenants which relate to the demised property dunng the period for which he remains assignee. The lessee, to protect himself, should take a covenant from the assignee to pay the rent and perform the covenants after assignment. The assignee acquires the right to sue the lessor upon the lessor's covenants in the lease. Q. The purchaser of an underlease requires the seller to frove that all the covenants and provisions in both the under- lease and the superior lease have been performed and observed * As to bankruptcy and execution, see now Conveyancing Act 1892, ante, page '21 . EEAL AND PEKSOXAL PROPERTY. 171 doivn to the time of actual completion of the purchase. How shall the seller comply with the requisition ? A. By production of the receipt for the last payment for rent clue under the underlease before the date of actual completion of the purchase. (Conveyancing Act 1881, sec. 2.) Q. (aj What are the relative advantages and disadvantages of viortgaging leaseholds by demise and by assignment, respec- tively? (b) Hoiv can a trustee in bankruptcy get rid of the liabilities attaching to the bankrupt's leaseholds ? A. (a) A mortgage of leaseholds should always be by underlease, as thereby the mortgagee incurs no liability on the rents and covenants contained in the original lease, (b) By disclaiming, but the leave of the Bankruptcy Court must usually be obtained. Q. What effect Juis the dlsclahner of a lease by the trustee in bankruptcy of the lessee upon the lessor, the lessee, and per- sons claiming under the lessee respectively ? A. It determines the rights, interests, and liabilities of the bankrupt and his property in respect of the lease as from the date of the disclaimer ; but does not, except so far as is necessary for the release of the bankrupt and his property, and the lessee from liability, affect the rights or interests of others. Any person claiming under the lessee (e.g., a mort- gagee or underlessee) may apply to the Bankruptcy Court for an order vesting the disclaimed lease in him, subject, however, to the same liabilities and obligations as the bank- rupt was subject to under the lease in respect of the property at the date when the bankruptcy petition was filed. Under the Bankruptcy Act 1890 (sec. 13), the Court may, however, make the person in whose favour the vesting order is made, subject only to the same liabilities as if the lease had been assigned to him at the date when the bankruptcy petition was filed. Q. If a term <>f years he bequeathed to A for his life, and 172 THE student's guide to the law of after his death to B, in whom does the luhole term ved, and v;hat interest has B therein, during A's lifetime'? A. The whole term of j^ears is considered as vesting in the legatee for life, A, but on his decease the term is held to shift away from him, and to vest, by way of executory be- quest, in the person next entitled, B. During A's hfe, B has technically no vested estate, but a mere possibility. Q. Hoiv may a lease for years he surrendered ? What difference does it make to an underlessee whether the lessee sur- renders the lease, or the lessor re-enters on a forfeiture f A. By a surrender in law, i.e., the grant of a new lease either to the tenant or to a third person, with the tenant's consent, which operates in law as the surrender of the existing one ; or by a surrender in fact, where the lessee assigns his interest in the lease to the remainderman or reversioner, which must be by deed (8 & 9 Vict., c. 106), unless the lease is one which by law could have been created without writing, and is called a surrender, or bequeaths his interest to the remainderman or reversioner in his own right. If the lessee surrenders a lease, his underlessee is not prejudiced, but by 4 Geo. 2, c. 28, and 8 & 9 Vict., c. 106, the reversioner next after the lessee becomes his landlord ; but if the lessee's term is put an end to by re-entry under the forfeiture clause, the underlessee's term (which is carved out of the lessee's in- terest) is gone also, unless the underlessee gets a vesting order under sec. 4 of the Conveyancing Act 1892, ante, page 28. Q. In ivhat ways may a term of years, created by lease, be determined f A. By effluxion of time. By an express surrender of the term. By a surrender in law, e.g., where the tenant accepts a new lease from the landlord to take effect in praesenti. By merger, if the tenant acquires in his own right an ulterior estate immediately subsequent to the term. By re-entry for condition broken, subject to sec. 14 of 44 cV- 45 Vict., c. 41. REAL AND TERSOXAL PROPERTY. 173 Q. Explain the ducivine of estoppel iv'itli reference to leases ^ for years. A. If a lease is made by deed, the lessor is estopped from disputing the grant, and the lessee is estopped from denying the lessor's right to make it ; and this although the lessor had not, at the time of making the lease, either the lands or the title. But, if the lessor during the lease becomes en- titled to the lands, the lease at once takes effect for all pur- poses. If the lessor had, at the time of making the lease, any interest in the lands, that interest only will pass, and the lease will have no further effect by estoppel, although tlie lessor had professed to grant more than he really had. Q. By ivhat methods can long terms of years he enlarged into fee simple, and ivhni is the effect of such enlargement ? A. By a mere declaration to that effect in a deed exe- cuted by the beneficial or legal owner of the term, which vests in him, a fee simple estate — subject to all the trusts, powers, executory limitations over, rights, equities, and covenants, and provisions as to use and enjoyment, and all obligations to which the unconverted term was subject ; and if the term had been settled along with freeholds in strict settlement, the fee simple shall devolve exactly like those freeholds, unless some person had previously to the enlargement become absolute owner of the term ; and the fee simple shall include minerals which have not previously been severed in right or in fact, or reserved by an Inclosure Act or award. (Conveyancing Act 1881, sec. 65.) 15. — Mortgages, &c. Q. Distinguish the different kinds of security created by mortgages, liens, charges and pledges respectively. A. A mortgage is a transfer of ownership from the mort- gagor to the mortgagee, subject to a proviso for redemption and reconveyance on payment of the mortgage money with interest and costs ; the legal ownership is in the mort- 174 THE student's guide to the law of gagee, and the beneficial ownership is in the mortgagor ; if the money is not paid on the covenanted day, the mortgagee can enforce his securit}^ in a variety of active ways ; the mortgagor usually retains possession until the mortgagee seeks to enforce his security. A lien (a) at common law is a mere passive right to keep certain goods until claims against the owner are paid ; it is general or special ; it gives active rights to an innkeeper under the Innkeepers Act 1878, and a solicitor under the Solicitors Act 1860 ; it is neither a right of property in the thing nor of action to the thing ; it is not barred by statutes of limitation, but is lost by parting with possession ; (/;) an equitable lien {e.g., vendor of land for unpaid purchase-money) exists apart from possession, and can be enforced by action. A charge is an obligation imposed on property, and creates a trust which equity will enforce, e.g., portions or legacies charged on land. A ijledge gives possession of the article to the pledgee, together with qualified rights of property therein. Q. Describe the methods of credting legal and equitable mortgages of leaseholds and copyholds respectively. A. A legal mortgage of leaseholds may be by assign- ment or underlease : of copyholds, by conditional surrender. An equitable mortgage is always by deposit of the muni- ments of title, with or without a memorandum, or by a mere memorandum of a charge. The distinction is that a legal mortgage transfers legal ownership to the mortgagee, with legal rights against the property ; while an equitable mort- gage transfers no legal ownership, but simply gives the mort- gagee rights enforceable in equity. Q. Give an ancdysis of a mortgage in fee simple, and state at length the provisions of the poiver of sale formerly inserted in such a mortgage. A. Date ; parties, (1) mortgagor, (2) mortgagee ; recitals (if any) ; first testatum, consideration, receipt ; covenant to pay principal on day named with agreed interest, and to pay v:^- REAL AND PERSONAL PROPERTY. 175 interest half-yearly ; second testatum, mortgagor as beneficial owner conveys, parcels, habendum to use of mortgagee in fee simple; proviso for redemption ; testimonium. (1 Prideaux, 531.) The provisions were, (1) permission to sell, (2) owner of legal estate to convey, (3) when power of sale could be exercised, (4) purchaser protected if power exercised im- properly by mortgagee, (5) powder to give receipts, (6) appli- cation of purchase-money, and (7) any one entitled to give receipt may exercise power of sale. (Elphinstone, 150-153.) Q. Describe succinctly the poivers conferred on mortfjagors and mortgagees respectively, by the Conveyancing and Laiv of Property Act 1881. A. The mortgagor can — (1) compel the mortgagee to transfer the mortgage debt, if the mortgagee is not in posses- sion and the right to redeem still exists, (2) inspect and copy the title deeds in mortgagee's hands, if mortgage made since 1881, (3) redeem without fear of consolidation any mortgage made since 1881 unless otherwise agreed, (4) grant leases when in possession unless otherwise agreed, and (5) compel a sale if he sues for redemption or sale. (Sees. 15-18, 25.) The mortgagee can — (1) grair^iea^es when in possession, (2) sell and convey and give valid receipts for sale monies, (3) insure, (4) appoint a receiver, and (5) cut ripe timber when in possession. (Sees. 18-24.) Q. Discuss the nature, properties, and lieaseholds — Assignment of. 167, 170, 171. Covenants running with land, 1 67, 168. Demise of, 171. Determination of, 172. Disclaimer of, 171. Enlargement into feesirejile. 173. Estoppel, 173. Forfeiture of, 169, 170. Generally as to, 166-173. Mortgage of, 171. Notice to quit, 168, 169. Of wife, 150, 151. Parol, 167. Rent in respect of, 169. Severance of reversion, 172. Surrender of, 172. Title to, 172. Leases — By tenant for life under Settled Land Acts, 71, 72. By tenant in tail, 85. Lease, 118. Lease and release, 120. Legacy — Ademption, 137. Demonstrative, 136, 137. Executor's assent, ISO. General, 136, 137. INDEX. 191 Legacy — continued. Interest on, 143. Lapse, 1:^8, 139. Specific, 136, 137. Vested and contingent, 104. Lien of vendor, 128. Liens, 174. Life estates, generally as to, C9-81. , proviso for cesser of, 152. Limitation, Statutes of, 183. Locke King's Acts. 181. Lord paramount, (i"). Manors — Incidents of, 162, Origin of, 163, Marriage — Condition of forfeiture, 14."), 146. Effect of on property, l."i(l, 151. Settlement on, 147, 148. Married women, testamentary' powers of, 151, Maxims — Mobilia seqimntur 'personam. (SO, 61, 62, Nemo est Jicsres viventis, 64, Quicqnid plantatur solo, solo cedit, 61. Seisina faclt sfipifem, 86, Solus devs hfercdcm facere fotcst, non homo, 64, The father to the bough, the son to the plough, 61, 62, Merger. U5, 116, Mesne lord, 6.5. Minerals, right to in copyholds. 162. Mortgages — Analysis of mortgage in fee simple, 174, 175. Consolidation of, 180. Equitable, 181. Generally as to. 173-182. Locke King's Acts, 181. Of chattels, 181. Of copyholds, 174, Of leaseholds, 174. Paynaent of mortgage money after death of mortgagee, 179. Povsrers of mortgagor ami mort- gagee, 175, 176. Remedies of mortgagee, 177, Statute of Limitations as to, 178 Statutory, 176, 177, Tacking, 179, Transfers of, 180. Mortmain, 145, Necessity, w.ay of. 157. Ne.xt-of-kin, 89-91. Notice, constructive, 128, 129, Ownership of real and personal pro- perty, .")9, 60. Paintings, &c., protection of, 186. Paraphernalia, 154, Partition, 97. Pasture, common of, 155, Patents, 186, 187. Perpetuities, rule against, 106, 107. Personal annuities, 162. Personal property, estate in, 60. Per stirpes, 88. Pin money, 154. Pledge, 174. Policy of insurance, 131, 132. Possibility of issue extinct, 83. Possibility of reverter, 103. Powers, 109-114, Powers of attorney, 114. Prescription, 157, 159. Property, meanings of, 59. Protector of settlement, 84. Proviso for cesser of life interest, 152. Purchase deed, analy.sis of, 127. Purchaser, 86. Quantity and quality of estates, 69. Questions and answers, digest (if. 59-187. Quit rents, 63. redemption of, 161. Reading, course of, 1-5. Real and personal property, 59, 60. Recitals, 124. Redemption of (juit rents. 161. Release. 118. Remainders, 98, 99. Kent-charge, 156, 160, 180. powers of owner of, 180, 181 . Rent on leases, 169. Reputed manor, 163. Restraint of trade, 129. Resulting use, 1 19, Reversions, 98. Rights of common, 155, 156 Rule in Shelley "s case. 105. of perpetuities, 106. Sales under Settled Land .Acts. 71, 78. Satisfied terms, ls5. Scintilla juris, 121, 122. Scutage, i\ Way of necessity, 157. Wills- By married women, 151, 152. Devise to trustees, 1 45. Execution of, 134. Execution of power of appoint- ment by, 135. Generally as to, 134-147. History of power of devise. 134. How executed, 134, 135. Operation of, 134. Property passing by, 135, Revocation of, 135, 136. PBINTED BY GEO. BARBEU. CURSITOU STKRE'l. CHAKCEEY LANE. A CATALOGUE LAW WORKS PUBLISHED AND SOLD EY Stevens & Haynes, i3, BELL YARD, TEMPLE BAR, LONDON. BOOKS BOUND IN THE BEST BINDINGS. Works in all Classes of Literature supplied to Order. FOREIGN BOOKS IMPORTED. LIBRARIES VALUED FOR PROBATE, PARTNERSHIP, AND OTHER PURPOSES. LIBRARIES OR SMALL COLLECTIONS OF BOOKS PURCHASED. A large Stock of Reports of the various Courts of England, Ireland, and Scotland, a/z^'a/s on hand. Catalogues and Estimates Furnished, and Orders Promptly Executed. Note. — To avoid confusing our firm luitJi any of a similar name, ice beg to notify that wc have no connexion zvJiatever zuith any other house of business, and zve respectfully request that Corre- spondents zvill take special care to direct all communications to the above names and address. S J EVENS &- HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS. PAGE ABSTRACT DRAWING— Scott V- ADMINISTRATION ACTIONS— Walker and Elgood iS ADMINISTRATORS— Walker 6 ADMIRALTY LAW— ■ Kay 17 Smith 23 ARBITRATION— Slater 7 ARTIZANS AND LABOURERS' DWELLINGS— Lloyd .... 13 BANKRUPTCY- Baldwin 15 Hazlitt 29 Indermaur (Question & Answer) 28 Ringwood I5> 29 BAR EXAMINATION JOURNAL 39 BIBLIOGRAPHY 4° BILLS OF LADING— Campbell 9 Kay 17 BILLS OF SALE— Baldwin 15 Indermaur 28 Ringwood • ' 5 BUILDING LEASES AND CON- TRACTS— Emden S Hudson 12 CAPITAL PUNISHMENT— Copinger , 42 CARRIERS— Sec RAILWAY LAW. ,, SHIPMASTERS. CPIANCERY DIVISION, Practice of— Brown's Edition of Snell ... 22 Indermaur . , 25 Williams 7 And see EQUITY. CHARITABLE TRUSTS— Cooke 10 Whiteford 20 CHURCH AND CLERGY— Brice 9 CIVIL LAW— 5tv ROMAN LAW, CLUB LAW— Wertheimer 32 CODES— Argles ....... 32 COLLISIONS AT SEA— Kay . . 17 COLONIAL LAW— Cape Colony 3^ Forsyth 14 Tarring . . 41 COMMERCIAL AGENCY- Campbell 9 COMMERCIAL LAW— Hurst and Cecil 1 1 COMMON LAW— Indermaur 24 COMPANIES LAW— Brice 16 Buckley 17 Reilly's Reports 29 Smith 39 Watts 47 COMPENSATION— - > Browne ..19 Lloyd 13 COMPULSORY PURCHASE— Browne 19 CONSTABLES— ^-^t' POLICE GUIDE. CONSTITUTIONAL LAW AND HISTORY— Forsyth 14 Taswell-Langmead 21 Thomas 28 CONSULAR JURISDICTION— Tarring 42 CONVEYANCING— Copinger, Title Deeds .... 45 Copinger, Precedents in ... 40 Deane, Principles of 23 COPYRIGHT— Copinger . . \.\v« Wf ' P^l' • 45 CORPORATIONS-i^^ -^ • ^■ Brice 16 Browne 19 COSTS, Crown Office - Short 41 COVENANTS FOR TITLE— Copinger 45 CREW OF A SHIP— Kay 17 CRIMINAL LAW— Copinger 42 Harris 27 CROWN LAW— Forsyth 14 Flail 30 Kelyng 35 Taswell-Langmead 21 Thomas 28 CROWN OFFICE RULES- Short 10 CROWN PRACTICE— Corner 10 Short and Mellor 10 CUSTOM AND USAGE— Browne. . -•') •',7,f',c,vfv, • • • 19 Mayne . » — . — nr— — •— « • 3^ DAMAGES— Mayne 3' DICTIONARIES-- Brown ,..,..... 26 STEVENS (> HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS- continued. DIGESTS— PAGE Law Magazine Quarterly Digest . 37 Menzies' Digest of Cape Reports. 38 DISCOVERY— Peile 7 DIVORCE— Harrison 23 DOMESTIC RELATIONS- Eversley • • 9 DOMICIL— ^-fT^ PRIVATE INTER- NATIONAL LAW. DUTCH LAW 38 ECCLESIASTICAL LAW— Brice 9 Smith 23 EDUCATION ACTS— See MAGISTERIAL LAW. ELECTION LAW and PETITIONS— Hardcastle 'M O'Malley and Hardcastle . . . 1)1 Seager 47 EQUITY— Blyth 22 Choyce Cases 35 Pemberton 3- Snell 22 Story 43 Williams 7 EVIDENCE— Phipson 20 EXAMINATION OF STUDENTS— Bar Examination Journal ... 39 Indermaur 24 and 25 Intermediate LL.B 21 EXECUTORS— Walker and Eigood 6 EXTRADITION— Clarke 45 See MAGISTERIAL LAW. FACTORIES— Sec MAGISTERIAL LAW. FISHERIES— See MAGISTERIAL LAW. FIXTURES— Brown 33 FOREIGN LAW— Argles 32 Dutch Law 3^ Foote 36 Pavitt 32 FORESHORE— Moore 3° FORGERY— 5a MAGISTERIAL LAW FRAUDULENT CONVEYANCES— May 29 GAIUS INSTITUTES— Harris 2C GAME LAWS— See MAGISTERIAL LAW. GUARDIAN AND WARD— Eversley 9 HACKNEY CARRIAGES— See MAGISTERIAL LAW. . 3S and 42 . . . I'i 40 9 43 44 26 HINDU LAW— Coghlan ... Cunningham . . Mayne HISTORY— Taswell-Langmead . . . HUSBAND AND WIFE— Eversley INDEX TO PRECEDENTS - Copinger INFANTS— Eversley Simpson INJUNCTIONS — Joyce •• INSTITUTE OF THE LA^^ - Brown's Law Dictionary . INSURANCE— Porter 6 INTERNATIONAL LAW— Clarke 45 Cobbett 43 P^oote 3'J Law Magazine 37 INTERROGATORIES— Peile 7 INTOXICATING LIQUORS- See MAGISTERIAL LAW. JOINT STOCK COMPANIES— See COMPANIES. JUDGMENTS AND ORDERS- Pemberton . . iS JUDICATURE ACTS— Cunningham and Mattinson . . 7 Indenuaur 25 Kelke 6 JURISPRUDENCE— Forsyth .... Salmond 13 JUSTINIAN'S INSTITUTES — Campbell Harris 20 LANDLORD AND TENANT— Foa II LANDS CLAUSES CONSOLIDA- TION ACT— Lloyd ij LAND, IMPROVEMENT OF, by Buildings — Emden 8 LATIN MAXIMS 28 LAW DICTIONARY— Brown 20 LAW MAGAZINE and REVIEW . 37 LEADING CASES— Common Law 25 Constitutional Law . _ - . . . 2S Equity and Conveyancing ... 25 Hindu Law 2^; International Law 43 14 47 STEVENS c^ UAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS-^^"/""'^'/- 28 46 LEADING STATUTES— Thomas LEASES— Emden ° Copinger 45 LEGACY AND SUCCESSION— Hanson 1° LEGITIMACY AND MARRIAGE— S'c PRIYATE INTERNA- TIONAL LA\Y. LICENSES— 5^^MAGISTERIAL LA^Y. LIFE ASSURANCE— Buckley I7 Reilly 29 LIMITATION OF ACTIONS— Banning 42 LUNACY— Williams 7 MAGISTERIAL LA\Y— Greenwood and Martin . . MAINTENANCE AND DESERTION. Martin 7 MARRIAGE and LEGITLAL^CY— Foote 36 MARRIED WOMEN'S PRO- PERTY ACTS— Brown's Edition of Griffith . . 40 MASTER AND SERYANT- Eversley 9 Sec MAGISTERIAL LAW. ,, SHIPMASTERS & SEAMEN. MERCAN"riLE LAW 32 Campbell 9 Duncan 33 Hurst and Cecil 11 Slater 7 Sec SHIPMASTERS. 1 „ STOPPAGE INTRANSITU. MERCHANDISE MARKS - Daniel .42 MINES — Harris 47 Sec MAGISTERIAL LAW. MORTMAIN— Sec CHARITABLE TRUSTS. NATIONALITY— .S-« PRIYATE IN- TERNATIONAL LANV. NEGLIGENCE— Beven 14 Campbell 40 NEWSPAPER LIBEL— Elliott 14 OBLIGATIONS— Brown's Savigny 20 PARENT AND CHILD— Eversley ........ 9 PARLIAMENT— Tcswell-Langmead .... 21 Thoma? 28 17 46 30 • • 15 29 and 39 . • 13 . . 19 • • 45 . • 31 • . 9 33 PARTITION— Walker 43 PASSENGERS— Sec MAGISTERIAL LAW. „ RAILWAY LAW PASSENGERS AT SEA— Kay -17 PATENTS— Daniel 42 Frost 12 PAWNBROKERS— See MAGISTERIAL LAW. PETITIONS IN CHANCERY AND LUNACY— Williams 7 PILOTS— Kay POLICE GUIDE— Greenwood and Martin . . POLLUTION OF RIVERS— Higgins PRACTICE BOOKS— Bankruptcy . . . Companies Law . Compensation . Compulsory Purchase Conveyancing Damages .... Ecclesiastical Law . Election Petitions Equity 7, 22 and 32 Injunctions 44 Magisterial 46 Pleading, Precedents of . . . 7 Railways 14 Railway Commission .... 19 Rating .19 Supreme Court of Judicature . . 25 PRACTICE STATUTES, ORDERS AND RULES— Emden 1 1 PRECEDENTS OF PLEADING— Cunningham and Mattinson . , 7 Mattinson and Macaskie . . . 7 PRIMOGENITURE— Lloyd I PRINCIPLES— Brice (Corporations) 16 Browne (Rating) . . . . 19 Deane (Conveyancing . . 2j Harris (Criminal Law) . . 27 Houston (Mercantile) . . . 32 Indermaur (Common Law) . . 24 Joyce (Injunctions) . ... 44 Ringwood (Bankruptcy) ... 15 Snell (Equity) 22 PRIYATE INTERNATIONAL LAW— Foote ....,.-.. 3^ STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS-^^"/^""^^''. PROBATE— Hanson lO Harrison 23 TROMOTERS— Watts 47 PUBLIC woRsnn^— Brice 9 QUARTER SESSIONS— Smith (F. J.) 6 QUEEN'S BENCH DIVISION, Practice of— Indermaur 25 QUESTIONS FOR STUDENTS— Aldred 21 Bar Examination Journal ... 39 Indermaur 25 Waite 22 RAILWAYS— Browne 19 Godefroi and Shortt 47 Sec MAGISTERIAL LAW. RATING— Browne '9 REAL PROPERTY— Deane 23 Edwards 16 Tarring 26 REGISTRATION— Elliott (Newspaper) .... 14 Seager (Parliamentary) .... 47 REPORTS— Bellewe 34 Brooke 35 Choyce Cases 35 Cooke 35 Cunningham 34 Election Petitions 33 Finlason . 3^ Gibbs, Seymour Will Case . . lo Kelyng, John 35 Kelynge, William 35 Reilly 29 Shower (Cases in Parliament) . 34 ROMAN DUTCH LAW— Van Leeuwen 3^ ROMAN LAW— Brown's Analysis of Savigny . . 20 Campbell 47 Harris 20 Salkowski 14 Whitfield 14 SALVAGE— Tones 47 Kay 17 SANITARY ACTS— See MAGISTERIAL LAW. SAVINGS BANKS— Forbes 18 SCINTILLAE JURIS - Darling (C. J.) iS P.\(".E 17 42 9 Q 26 28 SEA SHOkh— Hall. ...,...• Moore SHIPMASTERS AND SEAMEN Kay SOCIETIES— See CORPORATIONS. STAGE CARRIAGES— See MAGISTERIAL LAW. STAMP DUTIES— Copinger 4° and 45 STATUTE OF LIMITATIONS Banning STATUTES— Craies Hardcastle Marcy Thomas STOPPAGE IN TRANSITU— Campbell 9 Houston 3- Kay •> '7 STUDENTS' BOOKS . 20—28, 39, 47 SUCCESSION DUTIES— Hanson ^"^ SUCCESSION LAWS- LLoyd '3 SUPREME COURT OF JUDICA- TURE, Practice of— Cunningham and Matlinson . . 1 Indermaur 2: TELEGRAPHS— See MAGISTERIAL LAW. TITLE DEEDS— Copinger TORTS— Ringwool TOWNS IMPROVEMENTS— ^^■/magisterial LAW. TRADE MARKS— Daniel TREASON— Kelyng ....... TaswellLangmead . . . TRIALS— Bartlett, A. i.Nhn>.ler) Queen v. Gurney .... ULTRA VIRES— Brice USAGES AND CUSTOMS— Browne '9 Mayne 3^ VOLUNTARY CONVEYANCES— May WATER COURSES— Higgins , . . . I WILLS. CONSTRUCTION OF - Gibbs, Report of WalL-xe r., \ Attorney-Geueral .... 4;; I 42 -,; ! 16 29 6 STEPHENS &= IIAYNES, BELL YARD, TEMPL.E BAR. Second Edition, in 8vo. Price 2\s., cloth, THE LAWS OF INSURANCE: dFdf, Htfr, Slrrtlifnt, anti (L'Juarantff. 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Williams, of Lincoln's Inn, Barrister- at-Law. Second Edition, in Svo, price zSs., cloth, A SELECTION OF PRECEDENTS OF PLEADING UNDER THE JUDICATURE ACTS IN THE COMMON LAW DIVISIONS. With Notes explanatory of the different Causes of Action and Grounds of Defence ; an.l an Introductory Treatise on the Present Rules and Principles of Pleading as illustrated l:y the various Decisions down to the Present Time. By J. CUNNINGHAM and M. W. MATTINSON. SECO.YD EDITION. By miles walker MATTINSON, of Gray's Inn, Barrister-at-Law, and STUART CUNNINGHAM MACASKIE, of Gray's Inn, Barristcr-at-Law. REVIEWS. "The note^ are verj' pertinent and satisfactorj' : the introductory chapters on the present system of pleading are excellent, and the precedents will be found ve>;y useful." — Irish I.nui Tiiiics. "A work which, in the compass of .a single portable volume, contains a brief Treatise on the Principles and Rules of Pleading, and a carefully annotated body of Korms which have to a great extent sone through the entirely separate sifting processes of Chambers, Court, and Judges' Chambers, cannot fail to be a most useful companion in the Practitioner's daily routine." — Laiu Magazine ami ReviaiK STEVENS ^ HAYNES, BELL YARD, TEMPLE BAR. Second Edition, in Svo, price 25^., cloth, REMODELLED, MUCH ENLARGED, WLTLL SEVERAL NEW CHAPTERS ON "LIGHT," "SUPPORT," ETC. EMDEN'S LAW RELATING TO BUILDING, BUILDING LEASES, AND BUILDING CONTRACTS. WITH A FULL COLLECTION OF PRECEDENTS, TOGETHER WITH THE STATUTE LAW RELATING TO BUILDING, WITH NOTES AND THE LATEST CASES UNDER THE VARIOUS SECTIONS. By ALFRED EMDEN, OF THE INNER TEMPLE, ESQ., BARRISTER-AT-I.AW ; AUTHOR OF THE "PRACTICE IN WINDlNG-fl' COMPANIES," "a COMPLETE COLLECTION OF PRACTICE STATUTES, ORDERS, AND RULES, FROM 127s TO 1885," " THE SHAREHOLDER'S LEGAL GUIDE," ETC., ETC. " We were able to speak in terms of commendation of the First Edition of this book, but we can say much more for the present edition. Mr. Emden has re-written and enlarged his work, and in its present form it constitutes a complete, and so far as our examination h.is gone, an accurate treatise on the branch of the law to which it relates." — Solicitors' Joiirval. " We had occasion to speak favourably of the First Edition of Mr. Emden's work, and we have nothing but commendation to award to the Second Edition, which has practically been re-written and very much enlarged." — The Field. •, , 1 " With the revisions and additions, Mr. Emden's treatise claims in a higher degree to be considered the most comprehensive text-book of the law relating to building, that has been published in a single volume." — The Buildins; News. , • ■ "This work viewed as a whole, is in all ways a standard authority on all the subjects treated, and it is in reality a small Law Librarj- on building subjects, ingeniously and most lucidly compressed in a .single volume." — Tlie Building World. . 1 1- j • " No more useful book for architect, contractor, or building owner, has been published than Emden s Law of Building, Building Leases, and Building Contracts,' and its re-issue as a revised and extended work will be generally appreciated." — The Architect. " A second edition of Mr. Alfred Emden's useful work on The Law relating to Building Leases, and Building Contracts, has just been issued by Messrs. Stevens & Haynes, Bell Yard, Temple Bar. The first edition soon became exhausted, and the learned author has entirely rewritten, remodelled, and considerably enlarged the previous edition. There is a good collection of precedents with respect to matters connected with building, together with the Statute Law relating to building, with notes, and the latest cases under the various sections. A new and comprehensive index has been compiled, and last, but not least, is an excellent glossarj' of architectural and building terms used in the Building Act, building leases and contracts, &c." — Law Tivies. . "We have been asked from time to time which is the text-book of the Law relating to Bmldnig, Building Leases, and Building Contracts, and we have had to reply that, so far as we know, the com- prehensive work published by Messrs. Stevens & Haynes, of Bell Yard, Temple Bar, by Mr. Alfred Emden, is the best and most generally useful we know. We mention this fact because a second edition has just been published, ' rewritten, remodelled, and enlarged,' on the law relating to buildings, with new- chapters on damage to property or person caused by building, gas and water, support, party walls, and light. Voluminous precedents are also given, with a comprehensive view of the Statute Law, which has materially changed since the first edition was published in 1882. It is well that those engaged in the building trade should bear this in mind, as much litigation would therefore be avoided, with its consequent expense and annoyance. The book is rendered more valuable from its glossary and well-arranged index.' — Building Times. . • , , "The present treatise of Mr. Emden deals with the subject in an exhaustive manner,^ which leaves nothing to be desired. . . . The book contains a number of forms and precedents for building leases and agreements which are not to be found in the ordinary collection of precedents." — Tlie Times. " Mr. Emden has obviously given time and labour to his task, and therefore will save time and labour to those who happen to be occupied in the same field of enquiry." — Law Jotirnal. "It may safely be recommended as a practical text-book and guide to all ^people whose fortune or misfortune it is to be interested in the construction of buildings and other woxV'i." —Saturday Review. _ "To supply this want is the writer's object in publishing this work, and we have no hesitation in expressing our opinion that it will be found valuable by several distinct cla-sses of persons . ... it seems to us a good and useful book, and we recommend the purchase of it without hesitation."— 7V;« BuiUier. " From the point of view of practical utility the work cannot fail to be of the greatest use to all who require a little law in the course of their building operations. They will find both a sound arrangement and a clear sensible style, and by perusing it with ordinary attention many matters of which they were before doubtful will become quite comprel.ensible." — City Press. STEVENS &- HAYNES, BELL YARD, TEMLLE EAR. In royal 8vo, iioo pages, price 52J. 6nJ>ensatio7i, Mr. Eyre Lloyd has long since left all competitors in the distance, and his book may ttoiv be considered the standard work upon the sub- ject. The plan of Mr. Lloyds book is generally known, and its lucidity is appreciated ; the present quite fulfils all the promises of the preceding editions, and contains in addition to other matter a complete set of forms under tJie Artizans and Labourers Act, 1875, and specimens of Bills of Costs, whichwill be found a nov'd feature, extremely useful to legal practitioners." — Justice of the Peace. In 8vo, price "js., cloth, THE SUCCESSION LAWS OF CHRISTIAN COUNTRIES, WITH SPECIAL reference TO THE LAW OF PRIMOGENITURE AS IT EXISTS IN ENGLAND. By eyre LLOYD, B.A., of THE I.NNER TE.MPLE, BARRISTER-AT-LAW ; Al'THOR OK " THE LAW OF COMI'ENSATION UNDER THE LANDS CLAUSES CONSOLIDATION ACTS," ETC. In crown Svo, price 6y. , cloth, ESSAYS IN JURISPRUDENCE AND LEGAL HISTORY. By JOHN W. SALMOND, M.A., LL.B. (Lond.), A ItARRlSTER OF THE SUPREME COURT OF NEW ZEALAND. 14 STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. In one volume, royal 8vo, price 42^-., cloth, PRINCIPLES OF THE LAW OF NEGLIGENCE. By THOMAS BEVEN, OF THE INNER TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF "THE LAW OF EMPLOVEr's LIABILITY FOR THE NEGLIGENCE OF SERVANTS CAUSING INJURY TO FELLOW SERVANTS." " He has treated the well-known subject of Negligence in a scientific way, and has not been content with merely collecting, in more or less relevant positions, a number of cases which anyone could find for himself in any Digest of Law Reports, but has endeavoured to reduce from the chaos of decided cases a systematic study of the subject, with clear enunciations of the principles he finds governing the various decisions. In the arrangement of the book the author has been very happy in his method, a by no means easy task in the treatment of a subject in which each branch of it in reality overlaps another. . . . A good index and clear type increase the value of a book which will without doubt receive the hearty commendation of the profession as a successful completion of the author's ambitious task." — Laiu Times. " The reader who takes these as samples of the work, will find how careful and exhaustive Mr. Beven has been, and how valuable a contribution he has made to the important branch of the law with which he has undertaken to ^&3\." — Solicitor s Joiirnai. " In respect of the style of treatment of the subject, the book must be highly commended. It will be of service to everj- lawyer who wishes rather to get an intelligent understanding of the Law of Negligence, than merely to find correct and reliable legal propositions for practical use and that whether he be a student or a practitioner. To the student the work is valuable for the searching and well-sustamed discussion of the cases ; and to the practitioner there are presented all the cases that bear on most points for which he may be in .search of authority. One of the chief merits of the work is, that all the available authority on each point is collected and so arranged that it can be easily found." — yiiT^dical Review. " Contains evidence of much serious work, and ought to receive a fair trial at the hands of the profes- sion."— Zaiw QuaHerly Review. " This is the most elaborate work on the Law of Negligence which has yet appeared in England. . . . His treatment is original, and has evidently not been adopted without great research, care, and revision." — Law Joiirttnl. In one large vol., 8vo, price 32^., cloth, I INSTITUTES AND HISTORY OF ROMAN PRIVATE LAW, I WITH CATENA OF TEXTS. By Dr. CARL SALKOWSKI, Professor of Laws, Konigsberg. Translated and Edited by E. E. \YiiiTFlELD, i\LA. (Oxon.). In 8vo, price 4^. 6J., cloih, THE NEWSPAPER LIBEL AND REGISTRATION ACT, 1881. With a statement of the Law of Libel as affecting Proprietors, Publishers, and Editors of Newspapers. By G. Elliott, Barrister-at-Law, of the Inner Temple. In one volume, royal 8vo, price 30^., cloth, CASES AND OPINIONS ON CONSTITUTIONAL LAW, AND VARIOUS POINTS OF ENGLISH JURISPRUDENCE. Collected and Digested from Official Documents and other Sources; with Notes. By William Forsyth, ALA., M.P., Q.C., Standing Counsel to the Secretary of State in Council cf India, Author of " Hortensius," "History of Trial by Jury," "Life of Cicero," etc., late Fellow of Trinity College, Cambridge. STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. Fifth Edition, in 8vo, price \os. 6hlc ivork can he had, price \os. 6d., cloth. I f 1 ^ I In 8vo, price 15^., cloth, ! THE LAW AND PRACTICE RELATING TO THE ADMINISTRATION OF DECEASED PERSONS BY THE CHANCERY DIVISION OF THE HIGH COURT OF JUSTICE; WITH AN ADDENDA giving the alterations effected hy the NEW EULES of 1883, And an APPENDIX OF ORDERS AND FORMS, Annotated by References to the Text. By ^V. GREGORY WALKER and EDGAR J. ELGOOD, OF Lincoln's inn, barristers-at-la\v. " In this volume the most important branch of the administrative business of the Chancery Divi- sion is treated with conciseness and care. _ Judging from the admirable clearness of expression which characterises the entire work, and the labour which has evidently been bestowed on every detail, we do not think that a literary executorship could have devolved upon a more able and conscientious repre- sentative .... Useful chapters are introduced ' Parties to administration actions,' ' The proofs of claims in Chambers,' and ' The cost of adminis- tration actions.' To th)e last-mentioned chapter we gladly accord special praise, as a clear and succinct summarj- of the law, from which so far as we have tested it, no proposition of any importance has been omitted .... An elaborately constructed table of cases, with references in separate columns to all the reports, and a fairly good index, much increase their appropriate places, dealing with the ! the utility of the work."— 5(7//c/V^ri' 7^7/^«rt/. In Foolscap Svo, superfine paper, bound in Vellum, price y. 6d. nett. *,* A limited number of copies have beat printed upon large paper, price 'js. 6d. nett. SCINTILLAE JURIS. By CHARLES J. DARLING, Q.C., M.P. With a Frontispiece and Colophon by Frank Lockwood, Q.C, M.P. Fourth Edition (Enlarged). " ' Scintillae Juris' is that little bundle of humorous essays on law and cognate matters which, since the day of its first appearance, some years ago, has been the delight of legal circles. . . . It has a quality of style which suggests much study of Bacon in his lighter vem. Its best essays would not be unworthy of the Essays, and if read out, one by one, before a blindfolded connoisseur, might often be assigned to that wonderful book." — Daily Ne'ws. STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. 19 Second Edition, in 8vo, price 25s., cloth, THE rKIXCIPLES OF THE LAW OF RATING OF HEREDITAMENTS IN THE OCCUPATION OF COMPANIES. By J. H. BALFOUR BROWNE, OF THE MIDDLE TEMI'I.E, Q.C., And D. N. McNAUGHTON, of the Middle Temple, Barrister-at-Law. that such a work is much needed, and we are sure that all those who are interested in, or have to do with, public rating, will find it of great service. Much credit is therefore due to Mr. Browne for his able treatise — a work which his experience as Registrar of the Railway Commission peculiarly qualified him to undertake." — Law Magazine. "The tables and specimen valuations which are printed in an appendi.v to this volume will be of great service to the parish authorities, and to the legal practitioners who may have to deal with the rating of those properties which are in the occupa- tion of Companies, and we congratulate Mr. Browne on the production of a clear and concise book of the system of Company Rating. There is no doubt In 8vo, 1875, price 75. dd., cloth, THE LAW OF USAGES & CUSTOMS : % |rattical fab Sratt. By J. H. BALFOUR BROWNE, OF THE MIDDLE TEMI'LE, Q.C. "We look upon this treatise as a valuable addition to works written on the Science of 'La.\!"— Canada Laiv Journal. , . . , , • j j "As a tract upon a ver>' troublesome department of Law it is admirable— the principles laid down are sound, the illustrations are well chosen, and the decisions and dicta are harmonised so far as possible and distinguished when necessary'."— /r;V/ jCrtW 7Vw«. -it, u <■ "As a book of reference we know of none so comprehensive dealing with this particular branch ol Common Law In this way the book is invaluable to the practitioner."— Z,aty Magazine. " Mr. Browne's book is handy and convenient in form, and well arranged for the purpose of refer- ence : its treatment of the subject is fully and carefully worked out : it is, so far as we have been able to test it, accurate and trustworthy. It is the work of a man of capable legal attainments, and by official position intimate with his subject ; and we therefore think that it cannot fail to meet a real want and to prove of service to the legal profession and the public." — Law Magazine. 1 t— . "This is a work of considerable importance to all Municipal Corporations, and it is hardly too much to say that every member of these bodies should have a copy by him for constant reference. I'robably at no very distant date the property of all the existing gas and water companies will pass under municipal control, and therefore it is exceedingly desirable that the principles and conditions under which such transfers ought to be made should be clearly under- stood. This task is made easy by the present volume. The stimulus for the publication of such a work was given by the action of the Parliamentafy Committee which last session p.assed the preanible of the 'Stockton and Middlesborouijh Corporations Water Bill, 1876.' The volume accordingly con- tains a full report of the case as it was presented In one volume, Svo, 1875, price iSj-., cloth, THE PRACTICE BEFORE THE RAILWAY COMMISSIONERS UNDER THE REGULATION OF RAILWAY ACTS, 1873 & 1S74; With the Amended General Orders of the Commissioners, Schedule of Forms, and Table of Fees : together with the Law of Undue Preference, the Law of the Jurisdiction of the Railway Commissioners, Notes of their Decisions and Orders, Precedents of Forms of Applications, Answers and Replies, and Appendices of Statutes and Cases. By j. H. BALFOUR BROWNE, OF THE MIDDLE TEMPLE, Q.C. In Svo, 1S76, price 7^-. dd., cloth, ON THE COMPULSORY PURCHASE OF THE UNDERTAKINGS OF COMPANIES BY CORPORATIONS, And the Practice in Relation to the Passage of Bills for Compulsory Purchase through Parhament. By J. II. Bai.kour Browne, of the Middle Temple, Q.C. both by the promoters and opponents, and as this was the first time in which the principle of com- pulsory purchase was definitely recognised, there can be no doubt that it will long be regarded as a leading case. As a matter of course, many inci- dental points of interest arose during the progress of the case. Thus, besides the main question of compulsory- purchase, and the question as to whether there was or was not any precedent for the Bill, the questions of water compensations, of appeal.-, fiom one Committee to another, and other kindred sub- jects were discussed. These arc all treated at length by the Author in the body of the work, which is thus a complete legal compendium on the large subject with which it so ably deals." 20 STEVENS d- HAYNES, BELL YARD, TEMPLE BAR. Now ready, in crown 8vo, price lo^., dd. cloth, THE LAW OF EVIDENCE, By S. L. PHIPSON, M.A., of the Inner Temple, Barrister-at-Law. "This book condenses a head of law into a "We are of opinion that Mr. Phipson has pro- comparatively small compass — a class of literary undertaking to which every encouragement should be given. . . . The volume is most portable, most compendious, and as far as we have been able to examine it, as accurate as any laiv book can be expected to be." — Law Times. duced a book which will be found very serviceable, not only for practitioners, but also for students. We have tried it in a good many places, and we find that it is well brought down to date." — Lai'j Journal. In 8vo, 1878, price 6j-., cloth, THE LAW RELATING TO CHARITIES, ESPECIALLY WITH REFERENCE TO THE VALIDITY AND CONSTRUCTION OF CHARITABLE BEQUESTS AND CONVEYANCES. By F ERDINAND M. WHITEFORD, of Lincoln's Inn, Barrister-at-Law. In 8vo, 1S72, price 75. dd., cloth, AN EPITOME AND ANALYSIS OF SAYIGNY'S TREATISE ON OBLIGATIONS IN ROMAN LAW. By ARCHIBALD BROWN, M.A. EDIN. AND OXON., AND B.C.L. OXON., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. " Mr. Archibald Brown deserves the thanks the French translation consisting of two volumes, of all interested in the science of Law, whether with some five hundred pages apiece, as compared as a study or a practice, for his edition of with Mr. Brown's thiu volume of a hundred and Herr von Savigny's great work on ' Obligations.' fifty pages. At the same time the pith of Von Mr. Brown has undertaken a double task— the ; Savigny's matter seems to be verj' successfully pre- translation of his author, and the analysis of his i served, nothing which might be useful ^ to the author's matter. That he has succeeded in reducing , English reader being apparently omitted."— Z«w the bulk of the original will be seen at a glance ; Journal. THE ELEMENTS OF ROMAN LAW. Second Edition, in crown 8vo, price 6j., cloth, A CONCISE DIGEST OF THE INSTITUTES OF GAIUS AND JUSTINIAN. With copious References arranged in Parallel Columns, also Chronological and Analytical Tables, LAsts of Laws, &^c. &^c. Primarily designed for the Use of Students preparing for Examination at Oxford, Cambridge, and the Inns of Court. By SEYMOUR F. HARRIS, B.C.L., M.A., WORCESTER COLLEGE, OXFORD, AND THE INNER TE.MI'LE, BARRISTER-AT-LAW AUTHOR OF " UNIVERSITIES AND LEGAL EDUCATION." " Mr. Harrises digest ought to have very great success among law sttidents both in the Inns of Cottrt and the Universities. His book gives evidence of fraisrworthy accuracy and laborious condettsation.'" — Law Journal. " This book contains a summary in English of the elements of Roman Laiv as contained in the works of Gains and Justinian, and is so an-anged that the reader can at once see what art the opinions of either of these two writers on each point. From the very exact and accurate references to titles and sections given he can at once refer to the original writers. The concise manner in which Mr. Harris has ananged his digest will render it most useful, not only to the students for whom it was originally written, but aho to thou persons 'who. though they have not the time to 'Made through the larger treatises of Posit, Sanders, Ortolan, and others, yet desire to obtain some kno'd.'ledge of Roman Law. '' — Oxford and Cambridge Undergraduates' Journal. ''^ Mr. Harris deserves the credit of having produced an epitome which will be of service to those numerous students who have no time or suffi-cient ability to analyse the Institutes for themselves."— Lwv Times. WORKS FOR LAW STUDENTS. 21 Fourth Edition, in 8vo, price 2Ij., cloth, ENGLISH CONSTITUTIONAL HISTORY: FROM THE TEUTONIC INVASION TO THE PRESENT TIME. pcstgncb as a ALcxt-booh iax (Stubcnts nub other?, By T. p. TASWELL-LANGMEAD, B.C.L., OF Lincoln's inn, barrister-at-law, formerly vinerian scholar in the university AND late professor OF CONSTITUTIONAL LAW AND HISTORY, UNIVERSITY COLLEGE, LONDON. Fourth Edition, Revised throughout, with Notes and Appendices. By C. H. E. Carmichael, M.A. Oxox. "Mr. Carmichael has performed his allotted task with credit to himself, and the high standard of excellence attained by Tasvvell-Langmend's treatise is worthily maintained. This, the third edition, will be found as useful as its predecessors to the large class of readers and students who seek in its pages accurate knowledge of the history of the constitution." — Lmu Times. " To the student of constitutional law this work will be invaluable The book is remarkable for the raciness and vigour of its style. The editorial contributions of Mr. Carmichael are judicious, and add much to the value of the work." — Scottish Lww Revieiv. " The work will continue to hold the field as the best class-book on the subject." — Contemporary Review. " The book is well known as an admirable introduction to the study of constitutional law for students at law Mr. Carmichael appears to have done the work of editing, made necessary by the death of Mr. Taswell-Langmead, with care and judgment." — La7v yoiirnal. " The work before us it would be hardly possible to praise too highly. In style, arrangement, clearness, and size, it would be difficult to find anything better on the real history of England, the history of its constitutional growth as a complete story, than this volume." — Boston {l/.S.) Literary World. "As it now stands, we should find it hard to name a better text-book on English Constitutional History." — Solicitors' yoiirnal. " Mr. Taswell-Langmead's compendium of the rise and development of the English Constitution has evidently supplied a want The present Edition is greatly improved. . . . We have no hesitation in saying that it is a thoroughly good and useful work." — Spectator. "It is a safe, careful, praiseworthy digest and manual of all constitutional history- and law." — Globe. "The volume on English Constitutional History, by Mr. Taswell-Langmead, is exactly what such a history should be." — Standard. ■ "Mr. Taswell-Langmead has thoroughly grasped the bearings of his subject. It is, however, in dealing with that chief subject of constitutional history — parliamentary government — that the work exhibits its great superiority over its rivals." — Academy. Second Edition, in 8vo, price 6i., cloth, HANDBOOK TO THE INTERMEDIATE AND FINAL LLB. OF LONDON UNIVERSITY ; (PASS AND HONOURS), Including A COMPLETE SUMMARY OF "AUSTIN'S JURISPRUDENCE," AND THE EXAMINATION PAPERS of LATE YEARS ix ALL BRANCHES. By A B.A., LL.B. (Lond.). " Increased in size and usefulness. . . . The book will undoubtedly be of help to those students who prepare themselves for examination. . . . The Appendix contains a good selection of papers set at the different examinations." — Law Times. "A very good handbook to the Intermediate and Final LL.B. by a B.A., LL.B." — La'M Notes. In Crown 8vo, price 3.?. ; or Interleaved for Notes, price 4J., CONTRACT LAW. QUESTIONS ON THE LAW OF CONTRACTS. With Notes re the Answers. Founded on *' Anson," ^^ Chilly, " and ''Pollock.'' By Philip Foster Aluked, D.C.L., Hertford College and Gray's Inn; late E.xaminer for the University of Oxford. "This appears to us a verj' admirable selection of questions, comparing favourably with the average run of those set in examinations, and useful for the purpose of testing progress." — Law Jourv/tL WORKS FOR LAW STUDENTS. Tenth Edition, in 8vo, price 25^-., cloth, THE PRINCIPLES OF EQUITY. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. By EDMUND H. T. SNELL, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. TENTH EDITION. By ARCHIBALD BROWN, M.A. Edin. & Oxon., & B.C.L. Oxon., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF "a NEW LAW DICTIONARY," "an ANALYSIS OF SAVIGNY ON OBLIGATIONS," AND THE " LAW OF FIXTURES." REVIEWS. " Mr. Brown's long experience (he has edited seven editions of this book) has enabled him so to treat the subject as to be invaluable to students." — Law Jottriial. "This work on the 'Principles of Equity' has, since the publication of the First Edition, been recognised as the best elementary treatise on the subject, and it would not be necessary to say more of this Edition, than to mention the fact of its publication, were it not for the fact that the author, i\Ir. Snell, is dead, and the late Editions have been brought out under the care of Mr. Brown. It seldom happens that a new editor is able to improve on the work of his predecessor in its plan or its details. But in the case of the present work we find that each edition is a manifest improvement on the former ones, and well as Mr Snell did his work we discover that Mr. Brown has done it better."— AwA La^u Times. •'This is the Ninth Edition of certainly one of the best, and probably the most widely read, text-book which deals with any part of the English law." — Oxford Rlagazine. " It is ample proof of the popularity of ' Snell's Principles of Equity,' that it has now reached its Ninth Edition in the hands of Mr. Archibald Brown." — La^u Times. " This is now unquestionably the standard book on Equity for students." — Sainrtiay Revieiv. " On the whole we are convinced that the Sixth Edition of Snell's Equity is destined to be as highly thought of as its predecessors, as it is, in our opinion, out and out the best work on the subject with which it deals." — Gibson's Law Notes. " We know of no better introduction to the Principles of Equity.''^ — Canada Law Journal. •' Within the ten years which have elapsed since the appearance of the first edition of this work, its reputation has steadily increased, and it has long since been recognised by students, tutors, and practitioners, as the best elementary treatise on the important and difficult branch of the law which forms its subject." — Law Magazine and Review. Fourth Edition, in 8vo, price 6s., cloth, AN ANALYSIS OF SNELL'S PRINCIPLES OF EQUITY. Founded on the Tenth Edition. By E. E. Blyth, LL.D., Solicitor. With Notes thereon. " Mr. Blyth's book will undoubtedly be very useful to readers of Snell." — La7v Times. ^ " This is an admirable analysis of a good treatise — read with. Snell, this little book will be found very profitable to the student." — Law Journai. In 8vo, price 2s., sewed, QUESTIONS ON EQUITY. FOR STUDENTS PREPARING FOR EXAMINATION. FOUNDED ON THE NINTH EDITION OF SNELL'S "PRINCIPLES OF EQUITY." By W. T. WAITE, B.\RR1STEK-.\T-L.^W, HOLT SCHOLAR OF THE HONOURABLE SOCIETY OF GRAV'S INN. WORKS FOR LAW STUDENTS. 23 Second Edition, in one volume, 8vo, price \%s., cloth, PRINCIPLES OF CONVEYANCING. AN ELEMENTARY WORK FOR THE USE OF STUDENTS. By henry C. DEANE, OF Lincoln's inn, barrister-at-la\v, sometime lecturer to the incorporated law society OF THE UNITED KINGDOM. " We hope to see this book, like Snei/'s Equity, a stajtdani class-book in all Law Schools ivhere English la'u is taught.''^ — Canada Law Journal. " We like the work, it is well written and is an excellent student's book, and being only just pub- lished, it has the great advantage of having in it all the recent important enactments relating to convey- ancing. It possesses also an excellent index." — Law Stiidoits' Jourtial. " Will be found of great use to students entering upon the difficulties of Real Property Law. It has an unusually exhaustiv-e index covering some fifty pages." — La2u Tiiites. " In the parts which have been re-written, Mr. Deane has preserved the same pleasant style marked by simplicity and lucidity which distinguished his first edition. After ' Williams on Real Property,' there is no book which we should so strongly recommend to the student entering upon Real Pro- perty Law as Mr. Deane's ' Principles of Convey- ancing,' and the high character which the first edition attained has been fully kept up in this second." — Law youriial. Fourth Edition, in 8vo, price \os., cloth, A SUMMARY OF THE LAW & PRACTICE IN ADMIRALTY. FOR THE USE OF STUDENTS. By EUSTACE SMITH, OF THE INNER TEMPLE; AUTHOR OF "a SUMMARY OF CO.MPANY LAW." "The book is well arranged, and forms a good introduction to the subject." — Solicitors' Journal. " It is however, in our opinion, a well and carefully written little work, and should be in the hands of every student who is taking up Admiralty Law at the Final." — Law Students Jotiriial. " Mr. Smith has a happy knack of compressing a large amount of useful matter in a small compass. The present work will doubtless be received with satisfaction equal to that with which his previous ' Summary ' has been met." — Oxford and CaDitrid^e Undergraduates' yournal. Third Edition, in 8vo, price Js. 6d. , cloth, A SUMMARY OF THE LAW AND PRACTICE IN THE ECCLESIASTICAL COURTS. FOR THE USE OF STUDENTS. By EUSTACE SMITH, OF THE INNER TEMPLE; AUTHOR OF "a SUMMARY OF COMPANY LAW," AND "a SUMM.'VRY OF THE LAW AND PRACTICE IN ADMIKALTV." " His object has been, as he tells us in his preface, to give the student and general reader a fair outline of the scope and extent of ecclesiastical law, of the principles on which it is founded of the Courts by which it is enforced, and the procedure Ijy which these Courts are regulated. We think the book well fulfils its object. Its value is much enhanced by a profuse citation of authorities for the propositions contained in it." — Bar Examination Journal. Fourth Edition, in Svo, price "js. 6d., cloth, AN EPITOME OF THE LAWS OF PROBATE AND DIVORCE, FOR THE USE OF STUDENTS FOR HONOURS EXAMINATION. By J. CARTER HARRISON, Solicitor. " The work is considerably enlarged, and we think improved, and will be found cf great assistance to students." — Law Students' Journal. 24 WOKA'S FOR LAW STUDENTS. Sixth Edition. In one volume, Svo, price 20^., cloth, PRINCIPLES OF THE COMMON LAW. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. SIXTH EDITION. By JOHN INDERMAUR, Solicitor, AUTHOR OF "A MANUAL OF THE PRACTICE OF THE SUPREME COURT," " EPITOMES OF LEADING CASES," AND OTHER WORKS. "The student will find in Mr. Indermaur's book a safe and clear guide to the Prin- ciples of Common Law." — Laic Journal, 1892. "The present edition of this elementary treatise has been in general edited with praise- worthy care. The provisions of the statutes affecting the subjects discussed, which have been passed since the publication of the last edition, are clearly summarised, and the effect of the leading cases is generally very well given. In the difficult task of selecting and distinguishing principle from detail, Mr. Indermaur has been very successful ; the leading principles are clearly brought out, and very judiciously illustrated."— 3"<7/?V?V(jrj' Jouniai. " The work is acknowledged to be one of the best written and most useful elementary works for Law Students that has been published." — Law Times. " The praise which we were enabled to bestow upon Mr. Indermaur's very useful com- pilation on its first appearance has been justified by a demand for a second edition." — Laiv Magazine, " We were able, four years ago, to praise the first edition of Mr. Indermaur's book as likely to be of use to students in acquiring the elements of the law of torts and contracts. The second edition maintains the character of the book." — Law Journal. "Mr. Indermaur renders even law light reading. lie not only possesses the faculty I of judicious selection, but of lucid exposition and felicitous illustration. And while his ; works are all thus characterised, his ' Principles of the Common Law ' especially displays those features. That it has already reached a second edition, testifies that our estimate of the work on its first appearance was not unduly favourable, highly as we then signified approval ; nor needs it that we should add anything to that estimate in reference to the general scope and execution of the work. It only remains to say, that the present edition evinces that every care has been taken to insure thorough accuracy, while including all the modifications in the law that have taken place since the original publication ; and that the references to the Irish c'ecisions which have been now introduced are calculated to render the work of greater utility to practitioners and students, both English and Irish." — Irish Law Tivies. " This work, the author tells vs in his Preface, is written mainly with a view to the exafuinations of the Incorporated Law Society ; but zve think it is likely to attain a wider 7iscfulncss. It seems, so far as zve can Judge f-om the farts we have examined, to be a careful and clear otitliiie of the principles of the common law. It is very readable ; and not only siudettts, but many practitioners and the public, might benefit by a perusal of its- tages." — Solicitors' Journal. WORKS FOR LA IV STUDENTS. 2-i Fifth Edition, in 8vo, price I2J. 6hcn's Commentaries, and intendc' convictions,' with tables of offences, punishments, and statutes. The work is divided into four books. Hook I. treats of crime, its divisions and essentials ; of persons capable of committing crimes ; and of principals and accessories. Hook II. deals with ofTences of a public nature ; offences against private persons ; and offences against the property of individuals. Each crime is discussed in its turn, with as much brevity as could well be used consistently with a proper explanation of the legal characteristics of the several offences. Book III. explains criminal procedure, including the jurisdiction of Courts, and the various steps in the apprehension and trial of criminals from arrest to punishment. This part of the work is extremely well done, the description of the trial being e.xcellent, and thoroughly calculated to impress the mind of the iininitiated. liook IV. contains a short sketch of ' summary convictions before magistrates out of quarter sessions.' The table of offences at the end of the volume is most useful, and there is a very full index. Altogether we must congratulate Mr. Harris on his adventure." — La~M Journal. ''''Mr. Harris has undertaken a work, in our opinion, so much needed that he might diminish its bulk in the next edition by obliterating the apologetic pi'eface. The appearance of his volume is as well timed as its execution is satisfactory. The author has show}t an ability of omission wliich is a good test of skill, and from the ovei~vhelming tnass of the criminal law he has discreetly selected just so much only as a learner needs to kno-w, and has presettted it in terms which render it capable of being easily taken into the mind.'' — Solicitors' Journal. 28 WORKS FOR LAW STUDENTS. Second Edition, in crown 8vo, price 51. 6c/., cloth, THE STUDENTS' GUIDE TO BANKRUPTCY; Being a Complete Digest of the Law of Bankruptcy in the shape of Questions and Answers, and comprising all Questions asked at the Solicitors' Final Examinations in Bankruptcy since the Bankruptcy Act, 1883, and all important Decisions since that Act. By John Lndermaur, Solicitor, Author of " Principles of Common Law," &c., &c. In i2mo, price ^s. 6(/., cloth, A CONCISE TREATISE ON THE LAW OF BILLS OF SALE, FOR THE USE OF LAWYERS, LAW STUDENTS, & THE PUBLIC. Embracing the Acts of 1878 and 1882. Part I.— Of Bills of Sale generally. Part II.— Of the Execution, Attestation, and Registration of Bills of Sale and satisfaction thereof. Part III. — Of the Effects of Bills of Sale as against Creditors. Part IV. — Of Seizing under, and Enforcing Bills of Sale. Appendix, Forms, Acts, &c. By John Indermaur, Solicitor. ' • The object of the book is thoroughly practical. Those who want to be told exactly what to do and where to go when they are registering a bill of sale will find the necessary information in this little book." — Laiv Journal. In 8vo, price is. 6d., cloth, A COLLECTION OF LATIN MAXIMS, LITERALLY TRANSLATED. INTENDED FOR THE USE OF STUDENTS FOR ALL LEGAL EXAMINATIONS. " The book seems admirably adapted as a book of reference for students who come across a Latin maxim in their reading." — Lazv Journal. In one volume, Svo, price 9^., cloth, LEADING STATUTES SUMMARISED, FOR THE USE OF STUDENTS. By ERNEST C. THOMAS, BACON SCHOLAR OF THE HON. SOCIETY OF GRAV'S INN, LATE SCHOLAR OF TRINITY COLLEGE, OXFORD ; AUTHOR OF " LEADING CASES IN CONSTITUTIONAL LAW BRIEFLY STATED." Second Edition, in 8vo, enlarged, price 6j., cloth, LEADING CASES IN CONSTITUTIONAL LAW Briefly Stated, with Introduction and Notes. By ERNEST C THOMAS, BACON SCHOLAR OF THE HON. SOCIETY OF CRAY's INN, LATE SCHOLAR OF TRINITY COLLEGE, OXFORD. " Mr. E. C. Thomas has put together in a slim octavo a digest of the principal cases illustrating Con- stitutional Law, that is to say, all questions as to the rights or authority of the Crown or persons under it, as regards not merely the constitution and structure given to the governing body, but also the mode in which the sovereign power is to be exercised. In an introducton,' essay Mr. Thomas gives a ver>- clear and intelligent survey of the general functions of the Executive, and the principles by which they are regulated ; and then follows a summary of leading cases." — Saturday Revieiu. "Mr. Thomas gives a sensible introduction and a brief epitome of the familiar leading cases." — Laiu Times. In Svo, price 8^., cloth, AN EPITOME OF HINDU LAW CASES. With Short Notes thereon. And Introductory Chapters on Sources of Law, Marriage, Adoption, Partition, and Succession. By William M. P. Coghlax, Bombay Civil Service, late Judge and Sessions Judge of Tanna. STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. 29 Second Edition, in crown 8vo, price \2.s. 6d., cloth, THE BANKRUPTCY ACT, 1883, With Notes of all the Cases decided under the Act ; The consolidated RULES and FORMS, 1886 ; The Debtors Act, 1869, so far as applicable to bankruptcy matters, with rules and forms thereunder; the Bills ok Sale Acts, 1878 and 1882; Board of Trade Circulars and Forms, and List of Official Receivers ; Scale of Costs, Fees, and Percentages, 1886; Orders of the Bankruptcy Judge of the High Court ; and a Copious Index. By WILLIAM HAZLITT, Esq., and RICHARD RINGWOOD, M.A., SENIOR REGISTRAR IN BANKRUITCY, OF THE MIDDLE TEMPLE, ESO., BARRISTER-AT-LAW. Second Edition, by R. RINGWOOD, M.A., Barrister-at-Law. " This is a very handy edition of the Act and Rules The cross references and marginal references to correspondingprovisioiis of the Actof 1S69 areexceedingly useful There is a ver)' full index, and the book is admirably printed." — Solicitors' Jourtial. Part I., price ']s. 6ican Law Rcz'icw. "We are happy to welcome his(Mr. May's) work as an addition to the, we regret to say, brief cata- logue of law books con.^cientiously executed. We can corroborate his own description of his labours, ' that no pains have been spared to make the book as concise and practical as possible, without doing so at the expense of perspicuity, or by th« omission cf any important points.' " — Law Times. 3D STEVENS &^ HAYNES, BELL YARD, TEMPLE BAR. In one volume, medium 8vo., price 38^., Cloth ; or in Half-Roxburgh, 42^., A HISTORY OF THE FORESHORE AND THE LAW RELATING THERETO. With a Hitherto Unpublished Treatise by Lord Hale, Lord Hale's " De Jure Maris," and the Third Edition of Hall's Essay on the RIGHTS OF THE CROWN IN THE SEA-SHORE. With Notes, and an Appendix relating to Fisheries. By STUART A. MOORE, F.S.A., OF THE INNER TEMPLE, BARRISTER-AT-LAW. "This work is nominally a third edition of the late Mr. Hall's essay on the rights of the Crown in the Sea-shore, but in reality is an absolutely new production, for out of some 900 odd pages Hall's essay takes up but 227. Mr. Moore has written a book of great importance, which should mark an epoch in the history of the rights of the Crown and the subject in the liUis maris, or foreshore of the kingdom. Hall's treatise (with Loveland's notes) is set out with fresh notes by the present editor, who is anything but kindly disposed towards his author, for his notes are nothing but a series of e.xposures of what he deems to be Hall's errors and misrepre- sentations. Mr. Moore admits his book to be a brief for the opposite side of the contention sup- ported by Hall, and a more vigorous and argu- mentive treatise we have scarcely ever seen. Its arguments are clearly and broadly disclosed, and supported by a wealth of facts and cases which show the research of the learned author to have been most full and elaborate. . . . There is no doubt that this is an important work, which must have a considerable influence on that branch of the law with which it deals. That law is contained in ancient and most inaccessible records ; these have now been brought to light, and it may well be that important results to the subject may flow therefrom. The Profession, not to say the general public, owe the learned author a deep debt of gratitude for providing ready to hand such a wealth of materials for founding and building up arguments. Mr. Stuart Moore has written a work which must, unless his contentions are utterly un- founded, at once become the standard text-book on the law of the Sea-shore." — Law Times, Dec. ist. " Mr. Stuart Moore in his valuable work on the Foreshore." — The Times. " Mr. Stuart Mooie's work on the title of the Crown to the land around the coast of England lying between the high and low water-mark is something more than an ordinary law book. It is a history, and a very interesting one, of such land and the rights exercised over it from the earliest times to the present day ; and a careful study of the facts contained in the book and of the argu- ments brought forward can scarcely fail to convince the reader of the inaccuracy of the theory, now so constantly put forward by the Crown, that without the existence of special evidence to the contrary, the land which adjoins riparian property, and which is covered at high tide, belongs to the Crown and not to the owner of the adjoining manor. The list which Mr. Moore gives of places where the question of foreshore has been already raised, and of those as to which evidence on the subject exists amongst the public records, is valu- able, though by no means exhaustive ; and the book should certainly find a place in the library of the lord of every riparian manor." — Morning' Post. In one volume, 8vo, price I2J-., cloth, A TREATISE ON THE LAW RELATING TO THE POLLUTION AND OBSTRUCTION OF WATER COURSES ; Together with a Brief Summary of the Various Sources of Rivers Pollution. By clement HIGGINS, M.A., F.C.S., OF THE INNER TEMPLE, BARRISTER-AT-LAW. "As a compendium of the law upon a special and rather intricate subject, this treatise cannot but prove of great practical value, and more especially to those who have to advise upon the institution of proceedings under the Rivers Pollu- tion Prevention Act, 1876, or to adjudicate upon those proceedings when brought." — liish Laiv Times. "We can recommend Mr. Higgins' Manual as the best guide we possess." — Public Health. "County Court Judges, Sanitarj- Authorities, and Riparian Owners will find in Mr. Higgins' Treatise a valuable aid in obtaining a clear notion cf the Law on the Subject. Mr. Higgins has accomplished a work for which he will readily be recognised as having special fitness on account of his practical acquaintance both with the scientific and the legal aspects of his subject." — Law Maga- zine and Rc^'iew. "The volume is very carefully arranged through- out, and will prove of great utility both to miners and to owners of land on the banks of rivers." — The Mining Joutnal. "Mr. Higgins writes tersely and clearly, while his facts are so well arranged that it is a pleasure to refer to his book for information ; and altogether the work is one which will be found very useful by all interested in the subject to which it relates." — Engineer, "A compact and convenient manual of the law on the subject to which it relates." — Solicitors' Journal. STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. 31 In 8vo, Fourth Edition, price 25s., cloth, MAYNE'S TREATISE ON THE LAW OF DAMAGES. FOURTH EDITION. liY JOHN D. MAYNE, OF THE INNER TEMPLE, BARRISTER-AT-LA\V ; AND LUMLEY SMITH, OF THE INNER TEMPLE, Q.C. " Few books have been better kept up to the current law than this treatise. The eariier part of the book was remodelled in the last edition, and in the present edition the chapter on Penalties and Liquidated Damages has been re-written, no doubt in consequence of, or with regard to, the elaborate and exhaustive judgment of the late Master of the Rolls in Wallis v. Smith (31 W. R. 214 ; L. R. 21 Ch. D. 243). The treatment of the subject by the authors is admirably clear and concise. Upon the point involved in Wallis \. Smilk they say 'The result is that an agreement with various covenants of different importance is not to be governed by any infile.\ible rule peculiar to itself, but is to be dealt with as coming under the general rule, that the intention of the parties themselves is to be considered. If they have said that in the case of any breach a fixed sum is to be paid, then they will be kept to their agreement, unless it would lead to such an absurdity or injustice that it must be assumed that they did not mean what they said.' This is a very fair summary of the judgments in Wallis v. Smith, especially of that of Lord Justice Cotton ; and it supplies the nearest approach which can be given at present to a rule for practical guidance. We can heartily conuiiend this as a carefully edited edition of a thoroughly good book." — Solicitors' Journal. " The editors have, with their well-known care, eliminated much obsolete matter, and revised and corrected the text in accordance with the recent changes in procedure and legislation. The chapter on penalties and liquidated damages has been to a great extent re-written, and a new chapter has been added on breach of statutory obligations. As of former editions of this valua- ble work, we can but speak of it with strong commendation as a most reliable authority on a very important branch of our law — the Right to Damages as the result of an Action at Law." — Law Journal. " Duringthc huenty-two years 'which have elapsed since the publicaiion of this zucll-known work, its reputation has been steadily growing, and it has long since become the recognised authoiity oti the important subject of which it treats." — Law Magazine and Review. "This edition of what has become a standard work has the advantage of appearing under the supervision of the original author as well as of Mr. Lumley Smith, the editor of the .second edition. The result is most satisfactory. Mr. Lumley Smith's edition was ably and conscientiously pre- pared, and we are glad to find that the reader still enjoys the benefit of his accuracy and learning. At the same time the book has doubtless been improved by the reappearance of its author as co- editor. The earlier part, indeed, has been to a considerable extent entirely rewritten. "Mr. Mayne's remarks on damages in actions of tort are brief. We agree with him that in such actions the courts are governed by far looser princi- ples than in contracts ; indeed, sometimes it is impossible to say they are governed by any princi- ples at all. In actions for injuries to the person or reputation, for example, a judge cannot do more than give a general direction to the jury to give what the facts proved in their judgment required. And, according to the better opinion, tliey may give dam.iges 'for example's sake,' and mulct a rich man more heavily than a poor one. In actions for injuries to property, however, 'vindictive' or 'exemplary' damages cannot, except in very rate cases, be awarded, but must be limited, as in con- tract, to the actual harm sustained. "It is needless to comment upon the arrangement of the subjects in this edition, in which no alteration has been made. The editors modestly express a hope that all the English as well as the principal Irish decisions up to the date have been included, and we believe from our own examination that the hope is well founded. We may regret that, warned by the growing bulk of the book, the editors have not included any fresh .American cases, but we feel that the omission was unavoidable. We shouUl add that the whole work has been thoroughly revised" — Solicitors' Journal. " This text-book is so well knozvn, not only as the highest authority on the subject treated of but as one of the best text-boohs ever written, that it would be idle for us to speak cf it in the words of commendation that it deserves. It is a work that no practising lawyer can do without." — Canada L.\w Journal. 32 STEVENS ^ HAYNES, BELL YARD, TEMPLE BAR. In crown 8vo, price 4^'. dd., cloth, ABSTRACT DRAWING. Containing Instructions on the Drawing of Abstracts of Title, and an Illustrative Appendix. By C. E. ScOTT, Solicitor. " This little book is intended for the assistance of those who have the framing of abstracts of title entrusted to their care. It contains a number of useful rules, and an illustrative appendix." — Laiu Times. " t^ handy book for all articled clerks." — Lniv Sttcdents Journal. " .Solicitors who have articled clerks would save themselves much trouble if they furnished their clerks with a copy of this little book before putting them on to draft an abstract of a heap of title deeds." — Laiv Notes. " The book ought to be perused by all law students and articled clerks." — Red Tape. Second Edition, in crown 8vo, price 75., cloth, THE LAW RELATING TO CLUBS. By the late JOHN WERTHEIMER, Barrister-at-Law. Second Edition, by A. W. CHASTER, Barrister-at-Law, "A convenient handbook, drawn up with great judgment and perspicuity." — horning Post. " Both useful and interesting to those interested in club management." — Law Times. " Mr. Wertheimer's history of the cases is com- plete and well arranged." — Saturday Review. " This is a very neat little book on an interesting subject. The law is accurately and well expressed." — Laiv Journal. " This is a very handy and complete little work. This excellent little treatise should lie on the table of every club." — Pump Court. In Svo, price 2s., sewed, TABLE of the FOREIGN MEKGANTILE LAWS and CODES in Force in the Principal States of EUROPE and AMERICA. By Charle.s Lyox-Caen, Professeur agrege a la Faculte de Droit de Paris ; Professeur a I'Ecole libre des Sciences politiques. Translated by Napoleon Argles, Solicitor, Paris. In Svo, price u., sewed, A GUIDE TO THE FRENCH LAWS OF 1889, ON NATION- ALITY AND MILITARY SERVICE, as affecting British Subjects. By A. Pavitt, Solicitor, Paris. In one volume, demy Svo, price \os. 61/., cloth, PRINCIPLES OF THE LAW OF STOPPAGE IN TRANSITU, RETENTION, and DELIVERY. By John Houston, of the Middle Temple, Barrister-at-Law. In Svo, price \os., cloth, THE TRIAL OF ADELAIDE BARTLETT FOR MURDER ; Complete and Revised Report. Edited by Edward Beal, B.A., of the Middle Temple, Barrister-at-Law. With a Preface by Edward Clarke, Q.C., M.P. In Svo, price \os. 6d., cloth, A REPORT OF THE CASE OF THE QUEEN v. GURNEY AND OTHERS, In the Court of Queen's Bench before the Lord Chief Justice Cockburn. With Intro- duction, containing History of the Case, and E.xamination of the Cases at Law and Equity applicable to it. By W. F. FiNLASON, Barrister-at-Law. In royal Svo, price 105. 6d., cloth, THE PRACTICE OF EQUITY BY WAY OF REVIVOR AND SUPPLEMENT. With Forms of Orders and Appendi.x of Bills. By LoFTUS Leigh Pemberton, of the Chancery Registrar's Office. STEVENS 6- HAYNES, BELL YARD, TEMPLE BAR. 33 In 8vo, price 6s. 6d., cloth, THE ANNUAL DIGEST OF MERCANTILE CASES FOR THE YEAR 1886. Being a Digest of the Decisions of the English, Scotch and Irish Courts ON Matters Relating to Commerce. By JAMES A. DUNCAN, M.A., LL.B., Trin. Coll., Camb., AND OF THE INNER TEMPI E, BARRISTER- AT-LAW. " We hope the present issue may be the first of a series which will naturally increase in value with the progress of time." — Saturday Review. "There can only be one opinion, and that a very decided one indeed, in favour of the value of this book to men of business and to members of the legal profession." — Liverpool Merc it>y. "A work of such handy reference, well mdexed, and containing the essence of a year's decisions will be found a valuable addition to office libraries. —Liverpool Daily Post, The Annual Digest of Mercantile Cases, for 1885, can also be had, price 6s., cloth. THE LAW AND PRACTICE OF ELECTION PETITIONS, With an Appendix containing the Tarliamentary Elections Acts, the Corrupt and Illegal Practices Prevention Acts, the General Rules of Procedure made by the Election Judges in England, Scotland, and Ireland, Forms of Petitions, &c. Third Edition. By Henry Hardcastle, of the Inner Temple, Barrister-at-Law. "Mr. Hardcastle gives us an original treatise with foot-notes, and he has evidently taken verj- considerable pains to make his work a reliable guide. We can thoroughly recommend Mr. Hardcastle's book as a concise manual on the law and practice of election petitions." — Law Times. Vols. I., II., & III., price 73^. ; and Vol. IV., Pts. I. to IV., price 14J., REPORTS OF TPIE DECISIONS OF THE JUDGES FOR THE TRIAL OF ELECTION PETITIONS IN ENGLAND AND IRELAND. PURSUANT TO THE PARLIAMENTARY ELECTIONS ACT. 1868. By EDWARD LOUGHLIN O'MALLEY and HENRY HARDCASTLE. *,* Vol. LV. Parts LIT and LV. Edited by]. S. Sandars, Banisicr-at-Law. In Svo, price \zs., cloth, THE LAW OF FIXTURES, in the rRINClPAL RELATION OF LANDLORD AND TENANT, AND IN AM. OTHER OR GENERAL RELATIONS. FOURTH EDTTLON. By ARCHIBALD BROWN, M.A. Edin. and Oxon., and B.C.L. Oxon. OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. " A new chapter has been added with reference to the Law of Ecclesiastical Fixtures and Dil.ipida- tians. The book is worthy of the success it has achieved."— /.rtw Times. "The treatise is commendable as well for origi- nality as for laboriousness."— Z.«7u yourital. t STEVENS c- HAYNES, BELL YARD, TEMPLE BAR. (Stcbfns aub gjarucs' ,Sfvics ai gilcpvtnts of \\\z (Eadji ^Ifyovtcrs. SIR BARTHOLOMEW SHOWER'S PARLIAMENTARY CASES. In Svo, 1876, price 4/. 4J., best calf binding, SHOWER'S CASES IN PARLIAMENT RESOLVED AND ADJUDGED UPON PETITIONS b' WRITS OF ERROR. FOURTH EDITION. CONTAINING ADDITIONAL CASES NOT HITHERTO REPORTED. REVISED AND EDITED BY RICHARD LOVELAND LOVELAND, OF THE INNER TEMPLE, BARRISTER-AT-LAW ; EDITOR OF " KELYNG'S CROWN CASES," AND "hall's essay on the rights OF THE CROWN IN THE SEASHORE." " Messrs. Stevens & Haynes, the successful publishers of the Reprints of Bellewe, Cooke, Cunningham, Brookes's New Cases, Choyce Cases in Chancery, William Kelynge and Kelyng's Crown Cases, determined to issue a new or fourth Edition of Shower's Cases in Parliament. " The volume, although beautifully printed on old-fashioned Paper, in old-fashioned type, instead of being in the quarto, is in the more convenient octavo form, and contains several additional cases not to be found in any of the previous editions of the work. " These are all cases of importance, worthy of being ushered into the light of the world by enterprising publishers. " Shower's Cases are models for reporters, even in our day. The statements of the case, the arguments ofcounsel, and the opinions of the Judges, are all clearly and ably given. " This new edition with an old face of these valuable reports, under the able editorship of R. L. Loveland, Esq., should, in the language of the advertisement, 'be welcomed by the profession, as well as enable the custodians of public libraries to complete or add to their series of English Law Reports.'"- — Catiada Laui yournal. BELLEWE'S CASES, T. RICHARD II. In Svo, 1869, price 3/. 35., bound in calf antique, LES ANS DU ROY RICHARD LE SECOND. Collect' ensembl' hors les abridgments de Statham, Fitzherbert et Brooke. Per Richard Bellewe, de Lincolns Inne. 1585. Reprinted from the Original Edition. " No public library in the world, where English I highly creditable to the spirit and enterprise of law finds a place, should be without a copy of this I private publishers. The work is an important link edition of Bellewe." — Catiada Law Journal. in our legal historj' ; there are no year books of the reign of Richard II., and Bellewe supplied the only " We have here s./ac-siinile edition of Bellewe, substitute by carefully extracting and collecting all and it is really the most beautiful and admirable 1 the cases he could find, and he did it in the most reprint that has appeared at any time. It is a convenient form — that of alphabetical arrangement perfect gem of antique printing, and forms a most | in the order of subjects, so that the work is a digest interesting monument of our early legal histor>% as well as a book of law reports. It is in fact a It belongs to the same class of works as the Year ] collection of cases of the reign of Richard II., Book of Edward I. and other similar works which arranged according to their subjects in alphabetical have been printed in our own time under the , order. It is therefore one of the most intelligible auspices of the Master of the Rolls ; but is far , and interesting legal memorials of the Middle superior to any of them, and is in this respect 1 Ages." — Latu Times. CUNNINGHAM'S REPORTS. In Svo, 1 87 1, price 3/. 3j-., calf antique, Cunningham's (T.) Reports in K. B., 7 to 10 Geo. II.; to which is prefi.xed a Proposal for rendering the Laws of England clear and certain, humbly offered to the Consideration of both Houses of Parliament. Third edition, with numerous Corrections. By Thomas Townsend Bucknill, Barrister-at-Law. " The instructive chapter which precedes the cases, entitled ' A proposal for rendering the Laws of England clear and certain,' gives the volume a degree of peculiar interest, independent of the value of many of the reported cases. That chapter begins with words which ought, for the information of every people, to be printed in letters of gold. They peace and prosperity of everj' nation than good laws and the due execution of them.' The historj' of the civil law is then rapidly traced. Next a historj' is given of English Reporters, beginning with the reporters of the Year Books from i Edw. III. to 12 Hen. VIII. — being near 200 years — and afterwards to the time of the author." — Canada are as follows: 'Nothing conduces more to the Laiv journal. STEVENS cr» HAYNES, BELL YARD, TEMPLE BAR. ^tcbcns nub gjajntcs' ^Scriss of glcpi^iitts at the (Eailij gkpovtcrs. CHOYCE CASES IN CHANCERY. In 8vo, 1S70, price 2/. 2J-., calf antique, THE PEACTIOE OF THE HiaH COURT OF CHANCERY. With the Nature of the several Offices belonging to that Court. And the Reports of many Cases wherein Relief hath been there had, and where denyed. "This volume, in paper, type, and binding (like ' Bellewe'sCases') is a fac -simile of the antique edition. All who buy the one should buy the other." — Canada Law Journal. In 8vo, 1872, price 3/. 35. , calf antique, SIR G. COOKE'S COMMON PLEAS REPORTS IN THE REIGNS OF QUEEN ANNE, AND KINGS GEORGE I. and II. The Third Edition, with Additional Cases and References contained in the Notes taken from L. C. J. Eyre's MSS. by Mr. Justice Nares, edited by Thomas TowNSEND BucKNiLL, of the Inner Temple, Barrister-at-Law. an old volurre of Reports maybe produced by these modern publi>her5;, whose good taste is onlyequalled by their enterprise." — Canada Laiu Joiirnal. " Law books never can die or remain long dead so long as Stevens and Haynes are willing to con- tinue them or revive them when dead. It is cer- tainly surprising to see with what facial accuracy BROOKE'S NEW CASES WITH MARCH'S TRANSLATION. In 8vo, 1S73, price 4/. 4J., calf antique, Brooke's (Sir Robert) New Cases in the time of Henry VIII., Edward VI., and Queen Mary, collected out of Brooke's Abridgement, and arranged under years, with a table, together with March's (John) Translation t?/ Brooke's New Cases in the time of Henry VIII., Edward VI., and Queen Mary, collected out of Brooke's Abridgement, and reduced alphabetically under their proper heads and titles, with a table of the princij^jal matters. In one handsome volume. Svo. 1873. Stevens and Haynes have reprinted the two books in one volume, uniform with the preceding volumes of the series of Early Reports." — Canatla Law Journal. " Both the original and the translation having long been very scarce, and the mispaging and other errors in March's translation making a new and corrected edition peculiarly desirable, Messrs. KELYNGE'S (W.) REPORTS. In Svo, 1873, price 4/. 4^., calf antique, Kelyxge's (William) Reports of Cases in Chancery, the King's Bench, &c., from the 3rd to the 9lh year of his late Majesty King George II., during which time Lord King was Chancellor, and the Lords Raymond and Hanlwicke were Chief Justices of England. To which are added, seventy New Cases not in the First Edition. Third Edition. In one handsome volume. Svo. 1873. KELYNG'S (SIR JOHN) CROWN CASES. In Svo, 1873, price 4/. 4.C, calf antique, Kelyng's (Sir J.) Reports of Divers Cases in Pleas of the Crown in the Reign of King Charles II., with Directitms to Justices of the Pe.ice, and others ; to which are added, Three Modern Cases, viz., Armstrong and Lisle, the King and Plummer, the Queen and Mawgridge. Third Edition, conlainiiii^ several adilitional Cases never before priittcd,\ogin\\cx with a Treatise upon the Law and Proceed- ings IN Cases of 1Iu;h Treason, first published in 1793. The whole carefully revised and edited by RiCHARO LovELAND LovELAND, of the Inner Temple, Barrister-at-Law. "We look upon this volume as one of th- most important and valuable of the uni'^ue reprints of Messrs. Stevens and Haynes. Little do we know of the mines of legal wealth that lie buried in the c'.d law books. Hut a careful examination, either of the reports or of the treatise embodied in the volume now before us, will give the reader sorie idea of the good service rendered by Messrs. Stevensand Haynes to the profession. . . . Should occasion arise, the Crown prosecutor, as well as counsel for the prisoner, will find in this volume a complete vtule mccum_ of the law of high treason and proceedings in relation thereto."— C««rt//'-day requirements of the English Practitioner. The whole volume, although designed for the use of the practitioner, is so moderate in size— an octavo of 500 1 pages only — and the arrangsment and development of the subject so well conceived and executed, that it will amply repay perusal by those whose immediate object may be not the actual decisions of a knotty point but the satisfactory disposal of an examination paper." — Oxford and Cambridge Undergraduates' 1 Joicmal. ] "Since the publication, some twenty years ago, of Mr. Westlake's Treatise, Mr. Foote's book is, ir. j oar opinion, the best work on private international law which has appeared in the English language. . . 1 The work is executed with much ability, and will doubtless be found of great value by all pei-sons who have to consider questions on private international law." — Athenirum. STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. 37 THE QUARTERLY DIGEST OF ALL REPORTED CASES. Price FIVE SHILLINGS each Number. No. CCXVIII. (Vol. I, No. I. of the New Quarterly Series.) November, 1875. No. CCXIX. (Vol. I, 4th Series No. II.) P'ebruary, 1876. N.B. — These two Numbers arc out of print. No. CCXX. (Vol. I, 4th Series No. III.) P'or May, 1876, No. CCXXI. (Vol. I, 4th Series No. IV.) For August, 1876. Nos. CCXXII. to CCXLV. (Vol. 2, 4th Series, to Vol. 7,4th Series, Nos. V. to XXVIII.), \ November, 1876, to August, 1882. Nos. CCXLVI. to CCXLIX. (Vol. 8, 4th Series Nos. XXIX. to XXXII.), November, 1882, to August, 1883. Nos. CCL. to CCLIII. (Vol. 9, 4th Series, Nos. XXXIII. to XXXVI.), November, 1883, to August, 1S84. Nos. CCLIV. to CCLVII. (Vol. 9, 4th Series, Nos. XXXVII. to XL.), November, 1884, to August, 1885. Nos. CCLVIII. to CCLXI. (Vol. X., 4th Series, Nos. XLI. to XLIV.), November, 1885, to August, 1886. Nos. CCLXII. to CCLXV. (Vol. XL, 4th Series, Nos. XLV. to XLVIIL), November, 1886, to August, 18S7. Nos. CCLXVL, to CCLXIX. (Vol. XH-, 4lh Series, Nos. XLIX. to LIL), . November, 1887, to August, 1888. Nos. CCLXX. to CCLXXIII. (Vol. XIII. , 4th Series, Nos. LIII. to LVL), Novemljcr, 1888, to August, 18S9. No. CCLXXIV. to CCLXXVII. (Vol. XIV., 4th Series, Nos. LVII. to LX.), November, 1889, to August, 1890. No. CCLXXVIII. to CCLXXXI. (Vol. XV., 4th Series, Nos. LXI. to LXIV.), November, 1890, to August, 1891. No. CCLXXXII to CCLXXXV. (Vol. XVL, 4th Series, Nos. LXV. to. LXVIIL). November, 1891, to August, 1892. An Annual Subscription of 203., paid in advance to the Publishers, will secure the receipt of the LAW MAGAZINE, free by post, within the United Kingdom, or for 24s. to the Colonies and Abroad. 38 STEVENS d- HAYNES, BELL YARD, TEMPLE BAR. Fifth Edition, in one vol., 8vo. In preparation. A TREATISE ON HINDU LAW AND USAGE. By John D. Mayne, of the Inner Temple, Barrister-at-Law, Author of "A Treatise on Damages," &c. "A new work from the pen of so established an autl^ority as Mr. Mayne cannot fail to be welcome to the legal profession. In his present volume the late Officiating Advocate- General at Madras has drawn upon the stores of his long experience in Southern India, and has produced a work of value alike to the practitioner at the Indian Bar, or at home, in appeal cases, and to the scientific jurist. '■ To all who, whether as practitioners or administrators, or as students of the science of jurisprudence, desire a thoughtful and suggestive work of reference on Hindu Law and Usage, we heartily recommend the careful perusal of Mr. Mayne's valuable treatise." — Law Magazine and Rcviezv. In 8vo, 1877, price 15^., cloth, A DIGEST OF HINDU LAW, AS ADMINISTERED IN THE COURTS of the MADRAS PRESIDENCY. ARRANGED AND ANNOTATED By H. S. CUNNINGHAM, M.A., Advocate-General, Madras. DUTCH LAW. In 2 Vols., Royal 8vo, price 905., cloth, VAN LEEUWEN'S COMMENTARIES ON THE ROMAN-DUTCH LAV/. Revised and Edited with Notes in Two Vohnnes by C. W. DECKER, Advocate. Translated from the original Dutch by J. G. KoTZfi, LL.B., of the Inner Temple, Barrister-at-Law, and Chief Justice of the Transvaal. With Fac- simile Portrait of Decker from the Edition of 1780. *^* Vol. II. can be had separately, price 50J. Buchanan (J.), Reports of Cases decided in the Supreme Court of the CAPE OF GOOD HOPE. 1868, 1869, 1S70-73, and 74. Bound in Three Vols. Royal 8vo. 1875, 1876, 1879, etc. Menzies' (W.), Reports of Cases decided in the Supreme Court of the CAPE OF GOOD HOPE. Vol. I., VoL II., Vol. HI. Buchanan (T-), Index and Digest of Cases decided in the Supreme Court of the CAPE OF GOOD HOPE, reported by the late Hon. William Menzies. Compiled by James Buchanan, Advocate of the Supreme Court. In One Vol., royal 8vc. In 8vo, 1878, cloth, PRECEDENTS IN PLEADING: being Forms filed of Record in the Supreme Court of the Colony of the Cape of Good Hope. Collected and Arranged by James Buchanan. In Crown 8vo, price "^is. bd., boards, THE INTRODUCTION TO DUTCH JURISPRUDENCE OF HUGO GROTIUS, with Notes by Simon van Groenwegen van der Made, and References to Van der Keesel's Theses and Schorer's Notes. Translated by A. F. S. Maasdorp, B.A., of the Inner Temple, Barrister-at-Law. In i2mo, price 15-S'. "''/, boards, SELECT THESES ON THE LAWS OF HOLLAND & ZEELAND. Being a Commentary of Hugo Grotius' Introduction to Dutch Jurisprudence, and intended to supply certain defects therein, and to determine some of the more celebrated Controversies on the Law of Holland. By DiONYSlUS Godefridus van der Kessel, Advocate, and Professor of the Civil and Modern Laws in the Universities of Leyden. Translated from the original Latin by C. A. LORRNZ, of Lincoln's Inn, Barrister-at-Law. Second Edition, With a Biographical Notice of the Author by Professor J. De Wal, of Leyden. Sl'EVENS &- HAYNES, BELL YARD, TEMPLE BAR. 39 THE 3$ar examination Annual FOR 1893. (In Continuation of the Bar Examination Journal.) EXAMINATION PAPERS, 1892. FOR Pass, Honors, and Barstow Scholarship. j RESULT OF EXAMINATIONS. I NAMES OF SUCCESSFUL CANDIDATES. EXAMINATION REGULATIONS FOR 1893. I A GUIDE TO THE BAR. 1 LEADING DECISIONS AND STATUTES OF 1892. NEW BOOKS AND NEW EDITIONS. W. D. EDWARDS, LL.B., OF Lincoln's inn, barrister-at-law. Now published, in Svo, price i8j. each, cloth, THE BAR EXAMINATION JOURNAL, VOLS. IV., Y., VI., VII., VIII., IX. & X. Containing the Examination Questions and Answers from Easter Term, 1878, to Hilary Term, 1892, with List of Successful Candidates at each examination, Notes on the Law of f'roperty, and a Synopsis of Recent Le - Second Edition, in Svo, price 8j.', cloth, THE PARTITION ACTS, 1868 & 1876. A Manual of the Law of Partition and of Sale, in Lieu of Partition. With the Decided Cases, and an Appendi.x containing Judgments and Orders. By W. Gregory Walker, B.A., of Lincoln's Lin, Barrister-at-La\v. "This is a very good manual— practical, clearly I has carefully brought together the cases, and dis- written, and complete. The subject lends itself cussed the difficulties arising upon the language of well to the mode of treatment adopted by Mr. the different provisions." — Solid tors' Jon rttal. Walker, and in his notes to the various sections he Second Edition, in Svo, price 22s. cloth, A TREATISE ON THE LAW AND PRACTICE RELATING TO INFANTS. By ARCHIBALD H. SIMPSON, M.A., OF Lincoln's inn, barristek-at-law, and fellow of ciirist's college, camhridge. SECOND EDITION. Bv E. J. Elgood, B.C.L., ^LA., of Lincoln's Lin, Barrister-at-Law. " Mr. Simpson's book compri'^es the whole of the law relating to infants, both as regards their per- sons and their property, and we have not observed any very important omissions. The author has evidently e.vpcncled much trouble and care upon his work, and has brought together, in a concise and convenient form, the law upon the subject down to the present time." — Solicitors' "yournal. " Its law is unimpeach.ible. We have detected no errors, and whilst the work might have been done more scientifically, it is, beyond all question, a compendium of sound legal principles." — Law Times. " Mr. Simpson has arranged the whole of the Law relating to Infants with much fulness of detail, and yet in comparatively little space. The result is due mainly to the businesslike condensation of his style. Fulness, however, has by no means been sacrificed to brevity, and, so far as we have been able to test it, the work omits no point of any im- liortance, from the earliest cases to the List. In the essential qualities of clearness, completeness, and orderly arrangement it leaves nothing to be desired. " Law^-ers in doubt on any point of law or prac- tice will find the information they require, if it can be found at all, in Mr. Simpson's book, and a writer of whom this can be said may congratulate himself on having .ichieved a considerable success." — Law Magazine, February, 1876. Ji STEVENS c^ HAYNES, BELL YARD, TEMPLE EAR. In one volume, royal 8vo, 1S77, price 30J., cloth, THE DOCTRINES & PRINCIPLES OF THE LAW OF INJUNCTIONS. By WILLIAM JOYCE, OF Lincoln's inn, uarrister-at-law. 'Mr. Joyce, whose learned and exhaustive work on 'The Law and Practice of Injunctions' has g.^ined such a deservedly high reputation in the Profession, now brings out a valuable companion volume on the ' Doctrines and Principles' of this important branch of the Law. In the present work the Law is enunciated in its abstract rather than its concrete form, as few cases as possible being cited ; while at the same time no statement of a principle is made unsupported by a decision, and for the most part the very language of the Courts has been adhered to. Written as it is by so acknowledged a master of his subject, and with the conscientious carefulness that might be expected from him, this work cannot fail to prove of the greatest assistance alike to the Student — who wants to grasp principles freed from their superincum- bent details — and to the practitioner, who wants to refresh his memory on points of doctrine amidst the oppressive details of professional work." — Law Magazine and Re-neiu. BY THE SAME AUTHOR. In two volumes, rcyal 8vo, 1S72, price 70J., cloth, THE LAW & PRACTICE OF INJUNCTIONS. EMIiRACING ALL THE SUBJECTS IN WHICH COURTS OF EQUITY AND COMMON LAW HAVE JURISDICTION. By WILLIAM JOYCE, OF Lincoln's inn, earrister-at-law. REVIEWS. " .\ work which aims at being so absolutely complete, as that of Mr. Joyce upon a subject which is of almost perpetual recurrence in the Courts, cannot fail to be a welcome offering to the profession, and doubtless, it will be well received and largely used, for it is as absolutely complete as it aims at being This work is, therefore, eminently a work for the practitioner, being full of practical utility in every page, and every sentence, of it We have to congratulate the pro- fession on this new acquisition to a digest of the law, and the author on his production of a work of permanent utility and fame." — Law Magazine and Revieiu " Mr. Joyce has produced, not a treatise, but a complete and compendious exposition of the Law and Practice of Injunctions both in equity and common law. "Part III. is devoted to the practice of the Courts. Contains an amount 0/ valuable and technical matter nowhere else collected. " From these remarks it will be sufficiently per- ceived what elaborate and painstaking industry, as well as legal knowledge and ability, has been necessary in the compilation of !Mr. Joyce's work. No labour has been spared to save the practitioner labour, and no research has been omitted which could tend towards the elucidation and exemplifi- cation of the general principles of the Law and Practice of Injunctions." — Lazu Jcurnal. " He does not attempt to go an inch beyond that for which he has express written authority ; he al- lows the cases to speak, and does not speak for them. "The work is something: more than a treatise on the Law of Injunctions, it gives us the general law on almost every subject to which the process of injunction is applic:d;le. Not only English, but American decisions are cited, the aggregate number being 3,500, and the statutes cited 160, whilst the index is, we think, the most elaborate we have ever seen — occupying nearly 2'jo pages. The work is probably entirely exhaustive." — Law Times. "This work, considered either as to its matter or manner of execution, is no ordinary work. It is a complete and exhaustive treatise both as to the law and the practice of granting injunctions. It must supersede all other works on the subject. The terse statement of the practice will be found of incalculaiile value. We know of no book as suitable to supply a knowledge of the law of injunctions to our common law friends as Mr. Joyce's exhaustive work. It is alike indispensable t o members of the Common Law and Equity Bars. Mr. Joyce's great work would be a casket without a key unless accompanied by a good index. His index is very full and well arranged. We feel that this work is destined to take its place as a standard text-book, and the text-book on the particular subject of which it treats. The author I'eserves great credit for the very great labour bestowed upon it. The publishers, as usual, have a i;uitted themselves in a manner deserving of the high reputation they bear." — Canada Law Joutnal. STEVENS &^ HAYNES, BELT. YARD, TEMPLE BAR. 45 Third Edition, in 8vo, price 20s., cloth, A TREATISE UPON THE LAW OF EXTRADITION, WITH THE CONVENTIONS UPON THE SUBJECT EXISTING BETWEEN ENGLAND AND FOREIGN NATIONS, AND THE CASES DECIDED THEREON. By Sir EDWARD CLARKE, OF LINCOLN S " Mr. Clarke's accurate and sensible book is the best authority to which tlie English reader can turn upon the subject of Extradition." — Saturday Rcvieiu. "The opinion we expressed of the merits of this work when it first appeared has been fully justified by the reputation it has gained. It is seldom we come across a book possessing so much interest to the general reader and at the same time furnishing so useful a guide to the lawyer." — Solicitors' Journal. "The appearance of a second edition of this treatise does not surprise us. It is a useful book, well arranged and well written. A student who INN, S.-G.,-Q.C., M.P. I wants to learn the principles and practice of the ' law of extradition will be greatly helped by Mr. Clarke. Lawyers v/ho have extradition business will find this volume an excellent book of reference. Magistrates who have to administer the extradition law will be greatly assisted by a careful perusal of 'Clarke upon Extradition." This may be calltd a warm commendation, but those who have read the book will not say it is unmerited." — Lnzv Journal. 1 The Times of September 7, 1874, in a long article upon " Extradition Treaties," makes con- siderable use of this work and writes of it as " Mr. Clarke's useful IVork on Extradition." In 8vo, price 2s. 6d., cloth, TABLES OF STAMP DUTIES FROM 1815 TO 1878. By WALTER ARTHUR COPINGER, OF THE MIDDLE TEMPLE, ESQUIRE, BARRISTER-.\T-LAW I AUTHOR OF " THE LAW OF COPYRIGHT IN WORKS OF LITERATURE AND ART," " INDEX TO PRECEDENTS IN CONVEYANCING," "TITLE DEEDS," &C. "We think this little book ought to find its way into a good many chambers and offices." — Soli- citors' Journal. ■' This Ijook, or at least one containing the same amount of valuable and well-arranged information, should find a place in every Solicitor's office. It is of especial value when examining the abstract of a large number of old title-deeds." — Lain Times. " His Tables 0/ Stamp Duties, /70in 1815 to 1878, have already been tested in Chambers, and being now published, will materially lighten the labours of the profession in a tedious department, yet one re- quiring great care." — Law Magazine and Rez'iew. In one volume, 8vo, price 14^-., clotli, TITLE DEEDS: THEIR CUSTODY, INSPECTION, AND PRODUCTION. AT LAW, IN EQUITY, AND IN MATTERS OF CONVEYANCING, Including Covenants for the Production of Deeds and Attested Coiiies ; with an Appendi.t of Precedents, the Vendor and Purchaser Act, 1874, &c. , &c. , &c. By Walter Arthur Copinger, of the Middle Temple, Barrister-at-Law ; Author of " The Law of Copyright" and "Index to Precedents in Conveyancing." " The literary execution of the work is good 1 here. Mr. Copinger has supplied a much-felt want, enough to invite quotation, but the volume is not large, and we content ourselves with recommending it to the profession."— jC(77(,i 'Times. " .'V really good treatise on this subject must be essential to the lawyer ; and *his is what we have by the compilation of this volume. We have not space to go into the details of the book ; it apiwars well arranged, clearly written, and fully elaborated. With these few remarks we recommend his volume to our readers." — La7u Journal. Third Fd .lon, in 8vo, considerably enlarged, price '^'S.i., cloth, THE LAW OF COPYRIGHT In Works of Literature and Art ; including that of the Drama, Music, Engraving, Sculpture, Painting, Photography, and Ornamental and Useful Designs ; together with International and I-'orcign Copyright, \\ith the Statutes Relating thereto, and References to the English and American Decisions. By Walter Arthuk Copinger, of the Middle Temple, Barrister-at-Law. " Mr. Copinger's book is very comprehensive, dealing with every branch of his subject, and even extending to copyright in foreign countries. So far as we have ex.amined, we have found all the recent authorities noted up with scrupulous care, and there is an unusually good index. These are merits which will, doubtless, lead to the placing of this edition on the shelves of the members of the profession whose business is concerned with copy- right ; and deservedly, for the book is one of cjn- siderable value." — Solicitors' Journal. 46 STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. Third Edition, iii One large Volume, Svo, price 32^-., cloth, A MAGISTERIAL AND POLICE GUIDE: BEING THE LAW RELATING TO THE PROCEDURE, JURISDICTION, and DUTIES OF MAGISTRATES AND POLICE AUTHORITIES, IN THE METROPOLIS AND IN THE COUNTRY. With an Introduction showing the General Procedure before Magistrates both in Indictable and Summary Matters. By henry C. greenwood, STIPENDIARY MAGISTRATE FOR THE DISTRICT OF THE STAFFORDSHIRE POTTERIES ; AND TEMPLE CHEVALIER MARTIN, CHIEF CLERK TO THE MAGISTRATES AT LAMBETH POLICE COURT, LONDON ; AUTHOR OF "the LAW OF MAINTENANCE AND DESERTION," " THE NEW FORMULIST," ETC. Third Edition. Including the Session ,52 & 53 Vict., and the Cases Decided in the Superior Courts to the End of the Year 1889, revised and enlarged. By temple chevalier MARTIN. "A second edition has appeared of Messrs. Greenwood and Martin's valuable and comprehensive magisterial and police Guide, a book which Justices of the peace should take care to include in their Libraries." — Saturday Review. ' ' Hence it is that we rarely light upon a work which commands our confidence, not merely by its research, but also by its grasp of the subject of which it treats. The volume before us is one of the happy few of this latter class, and it is on this account that the public favour will certainly wait upon it. We are moreover convinced that no effort has been spared by its authors to render it a thoroughly efficient and trustworthy guide."— Law Journal. "Magistrates will find a valuable handbook in Messrs. Greenwood and Martin's ' Maf^isterial and Police Guide," of which a fresh Edition has just been published." — The Times. " A very valuable introduction, treating of proceedings before Magistrates, and largely of the Summary Jurisdiction Act, is in itself a treatise which will repay perusal. We expressed our high opinion of the Guide when it first appeared, and the favourable impression then produced is increased by our examination of this Second Edition." — Law Times. " For the form of the work we have nothing but commendation. We may say we have here our ideal law book. It maybe said to omit nothing which it ought to contain."— Law Times. " This handsome volume aims at presenting a comprehensive magisterial handbook for the whole of England. The mode of arrangement seems to us excellent, and is well carried out." — Solicitors' Journal. " The Mas;is1crial and Police Guide, by Mr. Henry Greenwood and Mr. Temple Martin, is a model work in its conciseness, and, so far as we have been able to test it, in' completeness and accuracy. // oughr to be in the hands of all who, as magistrates or otherwise, have authority in matters of police."— Daily News. " This ivork is eminently prcutical, and supplies a real ivant. It plainly and concisely states the law on all points upon which Magistrates arc called upon to adjudicate, syste- matically arranged, so as to be easy of reference. It ought to find a place on every Justice's table, and we cannot hut think that its usefulness will speedily ensure for it as large a sale as its merits deserve.'''' — Midland Counties Herald. " The exceedingly arduous task of collecting together all the enactments on the subject has been ably and elficiently performed, and the arrangement is so methodical and precise that one is able to lay a finger on a Section of an Act almost in a moment. It is wonderful what a mass of information is comprised in so comparatively small a space. We have much pleasure in recommending the volume not only to our professional, but also to our general readers ; nothing "can be more useful to the public than an acquaintance with the outlines of magisterial jurisdiction and procedure."— She_^eld Post. SJEFJSiVS &- HAYNES, BELL YARD, TEMPLE BAR. 47 In one thick volume, 8vo, price 32s., cloth, THE LAW OF RAILWAY COMPANIES. Ccmprising the Companies Clauses, the Lands Clauses, the Railways Clauses Consoli- dation Acts, the Railway Companies Act, 1867, and the Regulation of Railways Act, 1 868 ; with Notes of Cases on all the Sections, brought down to the end of the year 1868 ; together with an Appendix giving all the other material Acts relating to Railways, and the Standing Orders of the Houses of Lords and Commons ; and a copious Index. By Henry Gouefroi, of Lincoln's Inn, and John Shortt, of the Middle Temple, Barristers-at-Law. In a handy volume, crown Svo, 1870, price 10^. 6 £: s TO TIIK BAR F INAL EXAMINA TION. No. 1.— SECOND EDITION, Revised and Enlarged. Published at 5s. 6d. ; cash, 4s. 6d. ; postage, 3d. extra. The Student's Guide to Trusts & Partnerships By JOHN INDERMAUR, Solicitor. First Prizeman, Michaelmas, 1872 ; Author of " Principles of Common Lav:" ^''Manual of Practice," dc, and Joint Editor of-' The Law Students' Journal." It consists of (1.) General Advice and Details of Iteading ; (2.) List of Important Statutes : (3.) Kpitome of the Trustee Act, 18S8 ; (4.) Sltetch of the Subject of Trusts ; (o.) Digest of Questions and Answers on Trusts, chietiy selected from the prior Examinations ; (fi.) Sl