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A four months' course of reading for the Solicitors' Final Examination is recommended, and a longer period is often advisable, particularly when the Student is specially desirous of obtaining Honours, or has neglected his reading. A three months' course of reading is recommended for the Bar Final, and for the Solicitors' Intermediate. Dates of classes, particulars as to fees, &c, are from time to time advertised in the Law Students' Journal, and any further information or particulars can be obtained, either personally or by letter, from Messrs. Indermaur & Thwaites at their Chambers, 22 Chancery Lane, London. AN EPITOME LEADING CONVEYANCING AXD EQUITY CASES; WITH SOME SHOKT NOTES THEREON: CHIEFLY INTENDED AS gt Cfittfoc to "tutor's Hcatring Cases on Conunjancmg," anfc "Wftitz anb ^Tutor's Heading Cases in Ssquitij." JOHN INDERMAUR, SOLICITOR (FIRST PRIZEMAN, MICHAELMAS TERM, 1872), A UTHOR OF "AN EPITOME OF LEADING COMMON LA W CASES," "SELF-PREPARATION FOR THE FINAL EXAMINATION," "PRINCIPLES OF THE COMMON LAW," "MANUAL OF PRACTICE," "SELF-PREPARATION FOR THE INTERMEDIATE EXAMINATION," "MANUAL OF THE PRINCIPLES OF EQUITY," &>c. &c. EIGHTH EDITION. LONDON: STEVENS & HAYNES, 2Lafo Publishers, BELL YARD, TEMPLE BAR. 1807. T TvTAL 1^97 Printed by Bali.antyne, Hanson 6 s Co. At the Ballantyne Press t'l w'<> PREFACE TO EIGHTH EDITION. The seventh edition of this work has been out of print for some little time, and I should have published this edition earlier had it not been that I thought it advisable to await the new edition of "White and Tudor's Leading- Equity Cases." By the courtesy of the Publishers of that work, I was favoured with an advance copy of the new (seventh) edition, and hence some considerable further delay has been saved. I have gone carefully into the new edition of "White and Tudor," and made all such additions and alterations in this Guide as were necessary, and as seemed to me advisable. Huntingdon v. Hunting- don has been omitted from " White and Tudor " now, and I also have left it out of this edition. I have, however, added Scott v. Tyler, and also Howard v. Harris from " White and Tudor," and I have given Low v. Bouverie in preference to Burrowes v. Lock. The Editors of the new edition of " White and Tudor " 761243 vi PREFACE TO EIGHTH EDITION. have considerably altered the arrangement of the cases, but I have not attempted to follow their arrangement, though I have considerably altered my own, by endeavour- ing to make the cases follow on in more appropriate order. In the Index to Cases Epitomized I have added a note of the subject of each case, which may prove useful. I have very carefully revised the whole of the notes to the principal cases, and made considerable alterations and additions, giving various statutory enact- ments, and recent cases, dealing with the various subjects. I trust students will continue to find this Epitome of service to them, but I would still urge upon them the advisability of a thorough study of the large volumes, and some may find it a very useful plan to have this small work interleaved with blank pages, and as they read add to the notes at their discretion. J. I. 22, Chancery Lane, London, November 1897. PREFACE TO FIRST EDITION. In the same way that his " Epitome of Leading Common Law Cases" is intended by the Author as a guide to " Smith's Leading Cases," so this Epitome is meant to constitute a stepping-stone to the study of the well- known " Leading Cases " in Equity by Messrs. White and Tudor, and the " Conveyancing Cases" by Mr. Tudor, and it contains all the cases set out in those volumes — except some few which have been thought not now of so much practical importance — together with several additional ones. If it will induce the student to explore the mines of learning to be found in those valuable works, the Author's object will be fully attained. The Conveyancing and Equity cases are here epito- mized together, because they generally bear such a close relationship, many of those indeed which are given in the Equity volumes, more especially, bearing quite as Vlll PREFACE TO FIRST EDITION. much on Conveyancing : thus, in the Final Examination at Michaelmas Term last, under the head of " Convey- ancing," two questions were asked directly on Messrs. White and Tudor's Equity Cases, and it is also very- convenient to consider them together. April 1873. INDEX TO THE CASES EPITOMIZED. / Name of Case ACKEOYD v. SMITHSON . Agra Bank(Lim.) v. Barky . Alexander v. Alexander . Aleyn v. Belcher Ancaster (Duke op) v. Mayer .... Aylespord (Earl of) v. Morris .... Bassett v. Nosworthy Beauchamp (Earl) v. Winn Blandy v. Widmore . Bowles' (Lewis) Case Brace v. Duchess of Marl- borough .... Braybroke (Lord) v. Inskip Brice v. Stokes . Brodie v. Barry . Cadell v. Palmer Chancey's Case Chesterfield (Earl of) v. Janssen .... Cooper v. Cooper Corbyn v. French cuddee v. rutter Dering v. Winciiilsea (Earl of) . Dyer v. Dyer Elibank (Lady) v. Monto- LIEU Elliott v. Davenport — v. Merryman Ellison v. Ellison . Subject »f Case PAGE Conversion . 125 Mortgages . 112 Powers . 17 Powers . 17 Administration . 118 Expectant heirs . 98 Bond-file purchaser for value 116 Mistake .... 157 Performance 138 Waste .... 4 TackiDg of mortgages, &c. . 103 Trust estates 46 Trustees and executors 7* Election .... 121 Perpetuities "J 2 Satisfaction 134 Expectant heirs . 98 Election .... 121 Charities . 28 Specific performance . 140 Contribution between sureties 84 Implied trusts . 71 Equity to a settlement 88 Lapse .... 43 Trustees' receipts 74 "Voluntary trusts 61 X INDEX TO CASES EPITOMIZED Name of Case Eyee v. Shaftesbuby (Countess op) Fletchee v. Ashbuenee . Fox v. Chestee (Bishop of) • v. Mackeeth Gabdnee v. Sheldon . Gaeth v. Cotton Glenoechy (Loed) r. Bos- VILLE goedon v. goedon Geiffiths v. Veee Hanson v. Geaham Haeding v. Glynn hooley v. hatton howaed v. haeeis HOWEfl. Daetmouth (Eael of) KUGUENIN V. BASELEY . Hulme v. Tenant Keech v. Sandfoed Lake v. Ceaddock v. Gibson . Lansdowne v. Lansdowne . Lechmeee v. Lechmeee Le Neve v. Le Neve . Lestee v. Foxceoft . Leventhoepe v. Ashbie low v. bouveeie Mackeeth r. Symons . Maesh v. Lee MOELEY V. BlED . mueeay v. elibank (loed) . Pawlett v. Pawlett . Peachey v. Someeset (Duke of) .... Penn v. Baltimoee . pusey v. pusey . Pye, Ex parte klchaedson v. langeidge . Robinson v. Pett RUSSEL V. RUSSEL Subject of Case Infants Conversion . Simony Trustees Estates by implication Equitable waste Executed and executory trusts Family compromises . Accumulation of income . Vested and contingent legacies Precatory trusts . Cumulative and substitutional legacies .... Mortgages .... Conversion by trustees Constructive fraud Married women's separate estate Constructive trusts Joint tenancies and tenancies in common .... Mistake .... Performance Registration — Notice Specific performance Gift of personalty Trustees — Equitable estoppel Vendor's lien Tacking of mortgages Joint tenancies and tenancies in common .... Equity to a settlement Portions .... Forfeitures and penalties . Specific performance . Specific delivery of chattels Satisfaction Tenancies at will and for years Trustees and executors Equitable mortgages . INDEX TO CASES EPITOMIZED XI Name ok Case Scott v. Tyler . Seton v. Slade . Shelley's Case . Sloman v. Walter Somerset (Duke op) Cookson . Speight, Be, Speight v. Gaunt Stapilton v. Stapilton Stapleton v. Cheales Strathmore (Countess op) v. Bowes .... Sury v. Pigot Talbot v. Shrewsbury (Duke op) tollet v. tollet Topham v. Portland (Duke op) townley v. sherboubne . Tullett v. Armstrong Tyrell's Case Tyrringham's Case Viner v. Francis Vint v. Padgett . Wild's Case Woollam v. Hearn Subject of Case i-age Conditions in restraint of mar- riage ..... 101 Specific performance . . . 1 40 Effect of word " heirs " . 32 Penalties 153 Specific delivery of chattels . 144 Trustees 79 Family compromises . . .150 Vested and contingent legacies . 40 Fraud on husband's marital rigms . Easements . 11 Satisfaction . 133 Powers . 17 Powers .... 18 Trustees .... 78 Anticipation clause annexed tc > gift to married woman . 91 Uses ..... 15 Commons .... 8 Gifts to a class . 38 Consolidation of mortgages . 106 Construction of will . 34 Specific performance . 14 Note.— The edition of "Tudor's Leading Cases on Conveyanc- ing " to which reference is made in this Epitome is the 3rd, published in 1879 ; and the edition of " White and Tudor's Leading Cases in Equity" to which reference is made is the 7th, published in 1897. INDEX TO OASES REFERRED TO IN THE NOTES. Abbott, Re, Peacock v. Frigout Agar-Ellis, Re, Agar-Ellis i Lascelles . Allcard v. Skinner Antrobus v. Smith Ashwell v. Lomi . Audsley v. Horn . Avis v. Newman Baker v. Gray . . 106 Baker v. Sebright . Barnes v. Dowling Barrow V. Isaacs . Batarcl v. Hawes . Bate, Be Beauclerk v. Mead Besant, Be, Besant v. Wood Bills v. Tatham Bolton v. Curre Bowen, Be, Lloyd-Phillips v Davies Bowen v. Anderson Bowes, Re, Earl of Strathmor v. Vane Bown, Be, O'Halloran v King .... Bradshaw v. Huish Brothwood v. Keeling- . Brown v. Burdett . Brown v. Gellatly . ; Brown v. Hammond Burrowes v. Lock . Calham v. Smith . Cann v. Cann I'AGE 23 149 97 61 97 35 6 107 6 6 155 84 118 126 148 63 81 27 51 94 135 118 31 130 44 83 135 1 Cartwright, Be, Avis v. New- man .... Chichester v. Bickerstaff Christison v. Bolam Christ's Hospital v. Grainger City of London Brewery Co Tennant Clark v. Sewell Coaks v. Boswell . Coatsworth v. Johnson Cogan v. Stevens . Collyer v. Isaacs . Collyer, Be, Milliken v. Snel ling .... Corp. of London v. Riggs Corsellis, Re, Lawton v Elwes Coventry v. Chichester . Cradock v. Piper . Credland v. Potter Cross v. London Antivivi section Society . Cummins v. Fletcher Dashwood v. Magniac . De Visme, Re Derry v. Peek Diggles, Be, Gregory v. Ed mondson . Doherty v. Allman Downes v. Jennings Duncuft v. Albrecht Duncan Fox & Co. v. North & South Wales Bank . 6 128 105 27 10 135 06 2 127 95 41 11 69 136 69 113 31 n is 6 71 82 57 6 87 142 85 XIV INDEX TO CASES REFERRED TO IN THE NOTES I'AGE 44 . 24 123 Eager v. Furnival . Errington v. Errington . Faber v. Montagu . Fearon, Be, Hotchkiss Mayor Fletcher, Be, Gillings Fletcher Flood's Trust, Be . Foveaux, lie , Cross v. London Antivivisection Society Fowkes v. Pascoe . Frost v. Frost Fry v. Lane . Galmoye v. Cowan Gardiner's estate, Be Gillings v. Fletcher Gimblett v. Purton Green v. Paterson . Gregory v. Edmondson . Gregson, Be, Christison v. Bolam .... Grieve v. Grieve . Griffiths v. Hughes Griffiths v. Ricketts Grissell. Be . Hamilton, Be, Trench v. Hamilton .... Harding v. Glynn . Harter v. Colman . Harvey v. Armstrong . Heath v. Crealock Heath v. Lewis Hensler, Be, Jones v. Hensler Hensman r. Fryer Hepworth v. Hepworth Hodges v. Hodges Hodson & Howe, Be Hoghton v. Hoghton Holloway ?•. Radcliffe . Honeywood v. Honeywood . Hood-Barrs v. Heriot Horlock, Be, Calham v. Smith 135 Hotchkiss v. Mayor . . 94 Huish, Be, Bradshaw r. Huish 135 Tnd v. Emmerson . . . 11G . 94 v. . 135 94, 100 . 31 . 73 26, 27 . 100 . 92 . 38 . 135 . 38 . 61 . 57 v. . 105 . 34 . 81 . 126 . 93 57 19 108 63 116 102 44 119 72 94 111 64 128 6 95 PACE Jacques w. Harrison . . 144 James v. James . . .110 James v. Smith . . .73 Jennings v. Jordan . . 107 Jones, Ex parte, Be Grissell . 93 Jones v. Hensler . . .44 Kelk v. Parsons . . .10 Kemble v. Farren . . .154 Keys v. Williams . . . 110 Kirkman ?■. Booth . . . 130 Knight v. Davis . . .45 Lacon v. Lacon . . . 136 Lancefield v. Iggulden . . 119 Lawton r. Elwes . . . 69 Legg v. Goldwire . . . 59 Leng, Be, Tarn r. Emmer- son 120 Leventhorpe v. Ashbie . . 33 Liles r. Terry . . .97 Lloyd v. Pughe . . .72 Lloyd-Phillips v. Davies . 27 Lock v. Pearce . . . 155 London & Yorkshire Bank (Limited) v. Pritt . . 156 London (Corporation of) v. Riggs . . . .11 Lynes, Be ... . 93 Lysaght v. Edwards . 46. 47 Martin r. Lacon , . . 30 McManus r. Cooke . . 142 Meyers. Simonson . . 130 Milliken v. Snelling . . 41 Milroy v. Lord . . . ()>'» Montagu, Be, Faber v. Mon- tagu 123 Nevill v. Snelling . . . 100 Newill v. Newill . . .35 Noys r. Mordaunt , . . 122 O'Brien v. Shiel . . . 73 O'Halloran v. King . . 94 Oldham?'. Stringer . .111 Oliver v. Brickland . . 139 Orrell v. Orrell . . . 122 Palliser r. Gurney . . . 93 Parfitt r. Lawless ... 97 INDEX TO CASKS REFERRED TO IN THE NOTES XV PAGIO Parry, Be, Powell v. Parry . 25 Parsons v. Miller . . .118 Patrick, Be, Bills v. Tathaoi . (5:! Peacock v. Frigout . . 23 Pike v. Fitzgibbon . . 93 Pledge v. White . . .106 Pollard's Settlement, 1! . 94 Pooley, lie . . . .68 Powell v. Parry . . .25 Presland v. Bingham . .12 Reid v. Reid . . . 89, 90 Richards v. Delbridge . . 62 Robinson v. Harkin . 80, 81 Robinson v. Wheelwright . 94 Sackville - West v. Viscount Holmsdale . . . .59 Saffron Walden Building Society v. Rayner . .114 Salt v. Marquis of North- ampton . . . .104 Salt, lie, Brothwood v. Keel- ing 118 Sayre v. Hughes . . .71 Seeley v. Jago . . . 128 Scott v. Morley ... 92 Sleeman v. Wilson . . 147 Smith, He, Smith v. Thomp- son 69 Somes, Be. . . .21 Stock v. M'Avoy . . 72, 73 Stokes, Be, Parsons v. Miller 118 Strathmore (Earl of) v. Vane 51 PAGE Streatfield v. Streatfield 122 , 123 Swain v. Ayres 2 Swift ii. Swift 149 Talbot v. Frere 105 Tarn v. Emmerson 120 Taylor v. Pugh 87 Trench v. Hamilton 57 Tyars v. Alsop 97 Torrance's Settlement, ll< 94 Vance v. Vance 72 Van Grutten v. Foxwell 33 Vaughan, Be, Vaughan i Thomas 31 Walker v. Walker . 69 Wallis v. Smith . 154 Wallwyn v. Lee 116 Walsh v. Lonsdale 2 Warren's Settlement, Be 94 Weatherall v. Thornburgh 25 Weeke's Settlement, Be 19 Wenmoth's Estate, Be, Wen moth v. Wenmoth . c 8, 39 Whitby v. Mitchell . 26, 27 Whiteley v. Edwards 95 Whitely, Be, Whilley v. Lea royd .... 69 Wilder v. Piggott . 124 Wilmot, «e,Wilmot v. Better ton .... 35 Witten, Be . L49 Woodhouse v. Walker . & York Union Bank v. Artley IK) AN EPITOME OF LEADING CONVEYANCING AND EQUITY CASES. RICHARDSON v. LANGRIDGE. {Lead. Cas. Conv. 4.) (4 Taunt. 128.) Decided : — That if an agreement be made to let premises so long as both parties like, and reserving a compensation accruing de die in diem, and not referable to a year or any aliquot part of a year, it does not create a holding from year to year, but a tenancy at will strictly so called ; but if there is a general letting at a yearly rent, though pay- able half-yearly or quarterly, and though nothing is said about the duration of the term, it is an implied letting from year to year. Notes. — Tenancies from year to year owe their origin to the inconveniences found to result from tenancies at will, which were only partially remedied by the doctrine of emblements, and the Courts at a very early period raised an implied con- tract for a tenancy from year to year (Lead. Cas. Conv. 23). The above case shows the rule for determining when a tenancy A 2 AN EPITOME OF is for years and when at will. The leaning of the Courts is always to construe the tenancy as from year to year. Although a tenancy originally be at will, yet it may afterwards, by payment of rent or other circumstances, be converted into a tenancy for years (see Epitome of Lead. Common Law Cases, 8th edit. 77), The cases of Walsh v. Lonsdale (21 Ch. D. 9 ; 52 L. J. Ch. 2) and Coatsworth v. Johnson (55 L. J. Q. B. 220) should be here noticed. The first case decides that, when a tenant goes into possession under an agreement for a lease, and before a lease has been actually granted, there are now, since the fusion of Law and Equity effected by the Judicature Acts, no longer two estates, one at Law, and another in Equity, under the agreement; but there being one Court only, there can be but one estate, and that, substantially, if the tenant has a right to a lease, he is in the same position as if that lease were granted. The second case decides that the exact position of a tenant under such circumstances is, that at first, on entering, he is but a tenant at will, though he may have a right to specific performance of the agreement, and that when he has paid rent referable to any aliquot part of a year, he is then a yearly tenant on such terms of the agreement as are applicable to the yearly tenancy — this, again, subject to any right he may have to get specific performance of the agree- ment. (See also Swain v. Ayres, 21 Q. B. D. 289 ; 57 L. J. Q. B. 428.) The proper notice to determine a yearly tenancy is half a year, expiring at the end of the current year of the tenancy. However, under the Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), a year's notice, expiring at the end of the current year of the tenancy, is substituted for the usual half-year's notice (sect. 38) in those tenancies to which the Act applies — viz., tenancies wholly or in part agricultural, or pastoral, or cultivated as a market-garden (sect. 54), and provided that the landlord and tenant have not, by writing under their hands, agreed that this provision shall not apply (sect. 33). A notice to quit part only of the premises included LEADING CONVEYANCING AND EQUITY CASES. 3 in a lease is bad, except that, under provisions of the Act just mentioned (sect. 41), a notice may be given by the landlord with a view to certain uses to be made of the land in the Act specified, to be stated in the notice, which may relate to part only of the holding ; but the tenant may, within twenty-eight days of the receipt of the notice, serve on the landlord a counter-notice, in writing, to the effect that he accepts the same as a notice to quit the entire holding at the end of the current year of the tenancy. A monthly tenancy merely requires a month's notice, and^a weekly tenancy a week's notice {Bowen v. Anderson (1894), 1 Q. B. 104). In the case of lodgings a reasonable notice only is required, and what is a reasonable notice depends on the circumstances of each par- ticular case. If a tenancy determines, and the landlord has made a demand and given notice in writing for possession, and the tenant holds over, he is liable to pay double the yearly value of the premises, unless he had a bond fide belief that he had a right to so hold over (4 Geo. 2, c. 28, sect. 1) ; and if a tenant gives notice to quit, and does not give up possession at the proper time, he is liable to pay double the yearly rent of the premises (11 Geo. 2, c. 19, sect. 18). AN EPITOME OF LEWIS BOWLES' CASE. [Lead. Gas. Gonv. 37.) (11 Co. 79 b.) The following were the chief points resolved : — 1. That a tenant in tail, after possibility of issue extinct, shall not be punished for waste. 2. That if a tenant for life fells timber, or pulls down the house, the lessor shall have the timber ; but if the house falls down, the particular tenant has a special property in the timber to rebuild the house. 3. That a tenant for life without impeachment of waste, has as great power to do waste and convert it at his own pleasure, as has a tenant in tail. 4. That the property in severed trees vests in a tenant for life without impeachment of waste. GARTH v. COTTON. (2 Lead. Gas. Eg. 970.) (1 Ves. 524,546.) Mr. Garth, the father of the plaintiff, was tenant of lands for ninety -nine years, if he should so long live, with- out impeachment of waste, except voluntary vjastc ; remainder to trustees to preserve contingent remainders ; remainder to his first and other sons in tail ; remainder to defendant in fee. Mr. Garth (before the birth of a son), and the LEADING CONVEYANCING AND EQUITY CASES. 5 defendant, according to an agreement, cut down timber and divided the profits between them. The plaintiff was afterwards born, and, having suffered a recovery, brought this bill against defendant to refund his share of the profits of the timber received by him. Decided : — That he was so entitled to recover from the defendant. Notes on these two Cases. — The first of the above two cases is the leading case as to waste and the powers of persons having estates not of inheritance ; it contains several important re- solutions, and is always referred to on the subject. " Waste " is defined in Mr. Tudor's notes to Lewis Bowies' Case as " the destructive or material alteration of things forming an essential part of the inheritance " ; and it is either voluntary, which is by the tenant's own act, or permissive, as by letting the premises go to ruin. The remedy for waste is either by action for damages for waste already committed, or an in- junction may be obtained against future waste. An injunction cannot, however, be granted in cases of permissive waste, but the party injured must, if he has any right, be left to his remedy for damages. Waste is also divided with reference to the remedy into Legal and Equitable waste. The liability of different owners for waste stands as follows : — 1. A tenant in fee simple being as nearly as can be absolute owner of his estate, can commit any act of waste he pleases, except indeed when there is an executory devise over, in which case he cannot commit equitable waste. 2. A tenant in tail may also commit any act of waste, but if he becomes tenant in tail after possibility of issue extinct, as he cannot bar the entail, he is not allowed to commit equitable waste. It seems, however, that tenants in tail restrained by statute from barring the entail, are not liable even for equitable waste. 3. A tenant for life is liable for all acts of voluntary waste, b AN EPITOME OF unless indeed the property consists of a timber estate, planted for the purpose of timber being cut periodically, when he is justified in cutting it at proper times (Honeyvjood v. Honey- wood, L. R. 18 Eq. 309; 43 L. J. Ch. 652; Dashwood v. Magniac, 60 L. J. Ch. 210). A tenant for life is not liable for permissive waste {Barnes v. Bowling, 44 L. T. 809 ; Re Cart- wright, Avis v. Newman, 41 Ch. D. 532 ; 58 L. J. Ch. 590), unless some obligation with regard to the same is specially thrown upon him (Woodhouse v. Walker, 5 Q. B. D. 404; 49 L. J. Q. B. 609) ; and even when he holds his estate with- out impeachment of waste, he cannot commit equitable waste. If, however, it is necessary, for proper purposes of thinning and the like, to cut ornamental timber, he is justified in doing so, and if any such timber is properly cut it belongs to him {Baker v. Sebright, 13 Ch. D. 183; 49 L. J. Ch. 165). 4. A tenant from year to year is also of course liable for waste, but as to permissive waste, all that he is, in the absence of covenant, bound to do, is fair and tenantable repairs to keep the house wind and water tight, not any substantial or lasting repairs. On the other hand, the landlord is under no liability to repair in the absence of covenant to that effect. With regard to farms, a promise is implied by the law on the part of a yearly tenant, to use the farm in a husbandlike manner, and cultivate it according to the custom of the county (see Woodfall's Lid. k Tent., 639-641). Voluntary waste may be committed, although it does no real injury to the inheritance, or even improves it. This is styled ameliorative waste, and really the liability in respect of it is more nominal than substantial, for the Court will not usually at the present day grant an injunction to restrain such waste (Doherty v. Allman, L. R. 3 App. Cas. 709), but will simply leave the reversioner or remainderman to recover the damages (if any) which he has sustained, and it is mani- fest that in most cases any such damages would be but nominal. By the Judicature Act, 1873 (36 & 37 Vict. c. 66), s. 25 (3), it is provided that " an estate for life without impeachment of LEADING CONVEYANCING AND EQUITY CASES. / waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right shall expressly appear by the instrument creating such estate." This is a provision arising naturally from the union of the former Courts of Law and Equity. Equitable waste was only recognisable and relievable against in Equity, the principle upon which Equity always interfered to prevent such acts being, that an implied trust was created in favour of the person or persons taking the ulterior interest. Law, however, knew no such doctrine, and suffered such acts to be committed with impunity, and in this we find an instance of the conflict between Law and Equity. All the former Courts being, by the Judicature Act, 1873, fused into one High Court of Justice, it would have been an anomaly to have allowed a remedy in the Chancery Division only. Therefore the object of the pro- vision is to establish uniformity in all the Divisions, and the effect is to give a remedy for acts still known as equitable waste, in every Division of the Court. In connection with the subject of waste, the provision con- tained in section 35 of the Settled Land Act, 1882 (45 & 46 Vict. c. 38), should be noticed. It is as follows : " Whex-e a tenant for life is impeachable for waste in respect of timber, and there is on the settled land timber ripe and fit for cutting, the tenant for life, on obtaining the consent of the trustees of the settlement or an order of the Court, may cut and sell that timber or any part thereof. Three-fourths of the net proceeds of the sale shall be set aside as and be capital money arising under this Act, and the other fourth part shall go as rents and profits." See also sects. 28 (2) and 29. As regards joint owners of an estate, as each has a right to enjoy the estate as he pleases, the Court will not in general grant an injunction to restrain any one of them from commit- ting ordinary waste, but it will interfere to prevent malicious or destructive waste (2 Lead. Cas. Eq. 1007). AN EPITOME OF TYRRINGHAM'S CASE. Lead. Gas. Conv. 120.) (4 Co. 36 a.) The following were the chief points resolved : — 1. That prescription does not make a thing appendant to another unless it agree in nature and quality with it, as a thing corporeal cannot be appendant to another corporeal thing, nor vice versd, but a thing incorporeal may be appendant to a thing corporeal, or d converse-; though a thing incorporeal cannot be appendant to a thing corporeal which does not agree with it in nature, so that a common of turbary cannot be appendant to land, but to a house it may. 2. That common appendant is of common right, and need not be prescribed for ; but that it only belongs to ancient arable land, and for horses and oxen to plough, and cows and sheep to manure the land. 3. Common appendant is apportionable by the com- moners purchasing part of the lands to which, &c, but not common appurtenant, for there by the purchase all the common is extinguished. 4. Unity of possession of the whole land is an ex- tinguishment of common appendant. 5. Common by vicinage is not common appendant; but inasmuch as it ought to be by prescription time out of mind, it in this respect resembles common appendant. LEADING CONVEYANCING AND EQUITY CASES. V 6. Common appendant remains, though a house be afterwards built on the land, or the arable land be after- wards converted into pasture ; but in pleading it ought to be claimed as appendant to land. Note. — The above case is the leading authority as to commons, and rights of common. In Mr. Tuclor's notes to this case a right of common is defined as "a right which one person has of taking some part of the produce of land, while the whole property of the land itself is vested in another." There are properly four kinds of common — viz. (1) Common of pasture; (2) Common of piscary; (3) Common of turbary; and (4) Common of estovers ; and to these is sometimes added a fifth sort — viz., Common in the soil. Common of pasture, which is the most usual and important sort, may be either (1) Appen- dant, (2) Appurtenant, (8) Because of vicinage, or (4) In gross. A person acquires a right of common either by grant, or by prescription. As to a grant, that speaks for itself; and with regard to prescription, that presupposes a grant. There is a considerable difference between prescription and custom. " In the Common Law," says Lord Coke, "prescription which is personal, is for the most part applied to persons, being made in the name of a certain person and of his ancestors, or of those whose estate he has ; or in bodies politic or corporate and their predecessors j but a custom, which is local, is alleged in no person, but laid within some manor or other place." A pre- scription to take a profit in another's land — e.g., to work quarries — is good ; but a custom to that effect, except in the case of copyholders, or to search for and work mines under a local custom, is clearly bad, for it must have been illegal to commence with, and with regard to copyholders any custom must be reasonable. (Lead. Cas. Conv. 137.) Formerly the right to common by prescription could be defeated by showing that enjoyment commenced since the beginning of the reign of Richard I, (for the reason for which, see Best on Evidence, 480) ; but now under the Prescription 10 AN EPITOME OF Act (2 & 3 Will. 4, c. 71), the time for which a right of common must be enjoyed, to constitute a good title to it, is thirty years, after which it is only defeasible by reason of dis- ability, and after sixty years it is indefeasible unless the holding be by consent given by deed or writing. This statute has not altered the nature of the right, or the principles upon which it is to be determined whether the right has been infringed, but has merely substituted a statutory title for the previous ficti tious one (per Lord Selborne in City of London Brewery Co. v. Tennant, L. R. 9 Ch. App. 219 ; per James, L.J., in Kelk v. Pearson, L. R. 6 Ch. App. 809 ; Goodeve's Modern Law of Real Property, 4th edit. 341). Rights of common are subject to extinguishment in various ways, of which the following are the chief : — (1) By unity of ownership of land to which a Right of Common is annexed, with the land subject to the right; (2) By release; (3) By a Common Law enfranchisement; (4) By demise; (5) By encroachment on the waste, and possession thereof for twenty years; (6) By enclosure. (Edwards' Compendium of the Law of Property in Land, 3rd edit. 295.) LEADING CONVEYANCING AND EQUITY CASES. 11 SURY v. PIGOT. {Lead. Cas. Conv. 154.) (Poph. 16G.) The following were the chief points determined : — 1. That a watercourse having its origin ex jure naturce, and not from grant or prescription, is not extinguished by- unity of possession ; but 2. A right of way having its origin either by grant or prescription, will be extinguished by unity of possession, unless it be a way of necessity, as a way to market or church. 3. Where a person has a house and ancient windows in it, and another person erects a new house and stops up the light, an action will lie. Notes. — This case is the leading authority upon the law of easements. An easement is defined by Mr. Tudor in his notes to it as " a right which the owner of one tenement, which is called the dominant tenement, has over another, which is called the servient tenement, to compel the owner thereof to permit to be done, or to refrain from doing, something on such tene- ment for the advantage of the former." Easements may arise by express or implied grant, or by prescription, or by Act of Parliament, or by reason of necessity. An instance of the last kind would be if A. grants to B. land surrounding a field which he retains : here A. has of necessity a reasonable right of way to get to the field he thus retains, though only, indeed, for the purpose of continuing the user of it in the same state. (Corp. of London v. Riggs, 13 Ch. D. 798 ; 49 L. J. Oh. 297.) An easement may be either affirmative, as a right of way ; or negative, as a right to light. A negative easement may 12 AN EPITOME OF also be described as a continuous easement, and an affirmative one as a discontinuous easement. The time for which enjoyment of an easement must be had to constitute a good title was formerly the same as with regard to a right of common (ante, pp. 9,10), but it is now fixed by the same statute as applies to rights of common — viz., the Prescrip- tion Act (2 & 3 Will. 4, c. 71). By that statute twenty years' uninterrupted enjoyment is to confer a title, except in the case of disability, and the right is to be absolute after forty years, unless the holding is by consent given by deed or writing. In the one case of light the right is to be absolute after twenty years' uninterrupted enjoyment, unless it has been enjoyed by consent in writing. As to an "interruption" it is provided that no act shall be deemed an " interruption " unless acquiesced in for one year after notice. (See as to the effect of this statute, ante, p. 10 ; and see as to what will and will not be an " interruption," and the onus of proof thereon, Presland v. Bingham, 41 Ch. D. 268 ; 60 L. T. 433.) The chief ways in which an easement may be extinguished are as follows: — (1) By unity of possession; (2) By the authority of an Act of Parliament ; (3) By release ; and (4) By the abandonment of the enjoyment of the easement by non-user. Sury v. Pigot itself, although a general authority on the subject of easements, yet goes, it will be noticed, par- ticularly to the point of extinguishment of easements, showing that easements will be extinguished by unity of possession, except where the easement is one actually of necessity, or it is some right arising ex jure naturce. With regard to what will constitute an abandonment of an easement, it is not necessary to show any definite period of non-user, but what period is sufficient must depend on all the surrounding circumstances of the case (Goodeve's Modern Law of Real Property, 4th edit. 345). A person can only gain a right to a view or prospect, by grant, covenant, or contract, and not by prescription. (See further as to easements, Goodeve's Modern Law of Peal Pro- perty, 4th edit. 343-355 ; Edwards' Compendium of the Law of Property in Land, 3rd edit. 298-306.) LEADING CONVEYANCING AND EQUITY CASES 13 FOX v. BISHOP OF CHESTER. (Lead. Gas. Conv. 238.) (6 Bing. 1.) Here, whilst the incumbent of the living was in extremis, but before he died, the next presentation was sold, but without the privity of, and without any inten- tion to present, the particular clerk to the church when vacant. Decided: — That this sale was not void on the ground of simony. Notes. — But had the sale been when the living was actually vacant, it would have been simoniacal and bad. Simony is an offence consisting in the corrupt and unlawful presentation to a living, and this case may be quoted generally on the point, and also particularly as shewing how far one may go without being guilty of simony. But although a next presentation may be sold whilst the incumbent is living, yet it is simoniacal to purchase it with the intention of presenting any particular person. A person also cannot purchase a next presentation and present himself. An advowson is real property, but a next presentation is personal property, It may be useful to here notice the subject of Resignation Bonds. These are bonds executed by a minister who is appointed to a living, when he agrees to resign it in a certain person's favour, and they are frequently had recourse to when the patron has some relative he may wish to present the living to, but who is not yet ordained, or some other circum- stances render it impossible or inconvenient for him to take to the living at once. A general resignation bond is bad, but by 9 Geo. 4, c. 94, such a bond is to be good if in favour of any one person named,'; or one of two persons, each being by 14 AN EPITOME OF blood, or marriage, an uncle, son, grandson, brother, nephew, or grand-nephew of the patron or one of the patrons. One part of the instrument by which the engagement is made must be deposited within two calendar months in the office of the registrar of the diocese, and the resignation when made must refer to the engagement, and state for whose benefit it is made. LEADING CONVEYANCING AND EQUITY CASES. 15 TYRRELL'S CASE. {Lead. Cas. Conv. 335.) (Dyer, 155 a.) Decided : — That there cannot be a use upon a use. Notes.— The Statute of Uses (27 Hen. 8, c. 10) provided that where any person should stand seised of any heredita- ments to the use, confidence, or trust of any other persons, &c, the persons, &c., who had any such use, confidence, or trust, should be deemed in lawful seisin and possession of the same hereditaments, for such estates as they had in the use, trust, or confidence. The above case decided that, the statute executing the first use declared, subsequent uses were void ; and it was in consequence of this that the Court of Chancery stepped in, and thus arose the modern doctrine of uses and trusts. It will be observed that in consequence of the above case a person named before a use is declared takes no estate ; he is, in fact, but a seisinee to use, or, it is said he is a conduit pipe through whom the estate passes to the owner of the use. But it must be borne in mind that there must be passed through the seisinee to uses, the same estate as it is desired to vest in the owner of the use. Thus a grant to A. to the use of B. and his heirs, will not give B. the fee simple, but only an estate for the life of A. The grant should be to A. and his heirs, to the use of B. and his heirs. Whilst considering this case the student should bear in mind why it was that lands were, previously to the passing of the Statute of Uses, so commonly conveyed to uses. There were three prominent advantages gained by so conveying lands — viz. (1) The use, unlike the estate, was not liable to be forfeited for treason, &c. ; (2) The use might be given to a charity ; (3) Though the legal estate could not be disposed of by will, the land could be conveyed to such uses as should be appointed by will, and a will then made of the use. The 16 AN EPITOME OF object of the Statute of Uses was of course to put an end t® the practice which had previously existed of conveying lands to uses. Practically, however, by the decision in the above case, and the consequent holding of the Court of Chancery, the object of the Statute of Uses was frustrated. The imme- diate real effect of the statute may be illustrated thus : — If it were desired that A. should be constituted trustee of land for B., it would before the statute have been limited to A. to the use of B. Now, however, it would be limited unto and to the use of A., to the use of or in trust for B. In this case, though A. is no doubt in by the Common Law, yet the giving to him also of a use, makes the use to B. a subsequent or second use, and gives to B. the equitable or beneficial estate. The Statute of Uses speaks only of one man being seised to the use of another ; if, therefore, land is limited " unto and to the use of A. and his heirs," though A. takes the legal estate, it is not by force of the Statute of Uses, but by force of the Common Law. The declaration of a use here, however, prevents the possibility of any resulting use to the grantor. If it were a voluntary conveyance "unto A. and his heirs" simply, the use, and consequently the legal estate, would result to the grantor : adding the words " and to the use of " prevents this. A good consideration as well as a valuable consideration is, however, sufficient to prevent a resulting use. It must be recollected that there are three modes of convey- ance which operate only over the use, and do not pass the legal estate ; that is to say, that although the person named gets the legal estate, it is not by the conveyance of the property, but by the force of the statute — viz. (1) A bargain and sale ; (2) A covenant to stand seised to uses ; and (3) An appoint- ment under a power. Thus, if a person having a power of appointment over land appoints to " A. to the use of B.," here A. has the legal estate, and B. the equitable. LEADING CONVEYANCING AND EQUITY CASES. ALEXANDER v. ALEXANDER. (Lead. Cas. Conv. 395.) (2 Ves. 640.) Here, under a power to appoint amongst children, the appointor had appointed part to children, and part to grandchildren. Decided: — That the appointment to grandchildren was bad ; but that a power may be good in part, and bad in part, the excess only being void, where the execution is complete and the bounds between it and the excess clear. TOLLET v. TOLLET. (2 Lead. Cas. Eq. 289.) (2 P. Wms. 489.) Here a husband had a power to make a jointure to his wife by deed, and he did it by will, and she had no other provision. Decided : — That Equity will make this defective execu- tion good ; but that it will not assist in the case of non- execution of a power. ALEYN v. BELCHIER. (2 Lead. Cas. Eq. 308.) (1 Eden, 132.) Here a power of jointuring was executed in favour of a wife, but with an agreement that the wife should only 18 AN EPITOME OF receive a part as an annuity for her own benefit, and that the residue should be applied to the payment of the husband's debts. Decided: — That this was a fraud upon the power, and the execution was set aside, except so far as related to the annuity, the bill containing a submission to pay it, and only seeking relief against the other objects of the appointment. TOPHAM v. DUKE OF PORTLAND. (1 De G. J. 6 L. J, Q. B. 745) furnishes an illustration of its application. The origin and history of the rule was examined in this case by Lord Macnaghten, who said: "The better view seems to be that it is a rule of tenure founded on feudal principles, and that its purpose was to prevent the lord being defrauded of the chief fruits of seignory." The rule in Shelley's Case has, of course, no application to personal property, but with regard to personal property a rule has sprung up similar to it : thus, if personalty is settled in t rust for A. for life, and after his decease in trust for his executors, administrators, and assigns, A. will simply be entitled absolutely. There cannot in fact be estates in per- sonal property, and the only exception is a bequest of a term of years to one for life and then to another, which is allowed. The only course is to vest the property in trustees on trust. If leaseholds were settled simply on trusts to correspond with the uses of freeholds in a strict settlement, the result would be that they would vest absolutely in the first tenant in tail immediately upon his birth. This is usually avoided in practice by means of a trust for sale and for reinvestment in the purchase of freeholds, to be settled on the same uses as the settled freeholds, with power to postpone the sale, and a direction that the rents and enjoyment until sale shall belong to the persons who would be entitled to the rents of the substituted freeholds ; or as regards personalty generally, it may be vested in trustees upon trust to correspond with the uses of the freeholds, postponing the period of vesting until the first tenant in tail by purchase attains twenty-one, a limitation which is necessary to prevent a possible infringement of the rule against perpetuities (Goodeve's Modern Law of R. P., 4th edit. 79, 80 ; see also notes to Leventhorpe v. Ashbie, post, p. 40). 34 AN EPITOME OF WILD'S CASE. {Lead. Cas. Conv. GG9.) (6 Co. 16 h.) Decided : — That where there is a devise to a person and his children or issue, and he has no issue at the time of the devise, there such person will take an estate tail ; but if he has issue at the time, he and his children take joint estates. Notes. — This decision is known as the " Rule in Wild's Case," and the reason of it is, that as the devisor evidently intended that the devisee's children should take, and they cannot take as immediate devisees, for they are not in existence, nor by way of remainder, because that was not intended, the words shall be taken as words of limitation. However, the rule in Wild's Case is of a flexible character, and will yield to a contrary intention appearing upon the face of the will. As an instance of this may be taken the case of Grieve v. Grieve (L. R. 4 Eq. 180 ; 3G L. J. Ch. 982). There a testator devised a house to his nieces and to their children, and if they had not any, then to their brother William and his children ; the furniture to go with the house. Neither of the nieces had a child at the date of the will, and it was held that the rule in Wild's Case being flexible, and yielding to the intention of the testator, the nieces took the house and furniture for their lives, with immediate remainders to the children of each coming into existence during the lives of the nieces. The following extract from the judgment shows the principle on which this decision was based : " By giving an estate tail the testator's intention would be defeated. The rule in Wild's Case may be departed from, and in this case the direction that the furniture shall go with the house appears to me to be sufficient reason for not giving estates tail. The LEADING CONVEYANCING AND EQUITY CASES. 35 devise of the house and the gift of the furniture must be taken together, and by holding that the children take as pur- chasers, the intention of the testatrix will be carried out as far as is consistent with the rules of law." See also Re Wibnot, Wilmiot v. Bettertou (70 L. T. 415; 45 W. R. 492). The rule in Wild's Case does not apply to personalty (Audsley v. Horn, 29 L. J. Ch. 201), and under a gift of personalty to A. and his children, whether he has any or not at the time, it is a joint tenancy amongst them all, unless the context leads to the con- clusion that A. was meant to take for life, with remainder to his children {Newill v. JVewill, 41 L. J. Ch, 432. 36 AN EPITOME OF GARDNER v. SHELDON. [Lead Cas. Conv. 625.) (Yaughan, 259.) Decided: — That a devise to B. after the death of A. gives A. an estate for life by implication if B. he heir-at- law of the testator ; but no estate if he be not heir-at-law. An heir-at-law cannot be disinherited except by neces- sary implication. Notes. — The reason of the above decision is, that if B. is not the heir-at-law, it might possibly be considered that the testator intended that during A.'s life the property should descend to his heir-at-law ; but if the subsequent devise be to the heir-at- law, it could not be so considered. However, even in this case no estate by implication will arise if there be a residuary devise, for then it would be considered that the residuary devisee was intended to take. An estate by implication of law takes place only in limitations of uses, either by assurances operating merely by the statute, or by the medium of a conveyance to serve the uses, and in disposi- tions by will ; for as is indeed laid down by the above case, " the law (that is the Common Law) does not in conveyances of estates admit of estates to pass by implication regularly, as being a way of passing estates not agreeable to the plainness required by law in transferring estates from one to another." (Leading Cases Conv. 640.) On the same principle cross-remainders cannot be implied in a deed, but in a will they may be raised by implication, on the ground that the testator being inops concilii, by construction his words ought to be made to answer his intent appearing in other parts of his will as nearly as may be. Thus, if Blackacre is devised to A. in tail, and Whiteacre is devised to B. in tail, and if they both die without issue, to C, here A. and B. have LEADING CONVEYANCING AND EQUITY CASES. 37 cross-remainders by implication, and if A. dies first, without issue, Blackacre goes to B., and if B. dies first, without issue, Whiteacre goes to A., C.'s remainder being postponed until the issue of both fail (1 Stephen's Com. 12th edit. 55")). Cross-remainders may be defined as a reciprocal contingency of succession, arising on a grant of land, to two or more as tenants in common, each having a remainder over in the other's share. 38 AN EPITOME OF VINER v. FRANCIS. {Lead. C'as. Conv. 70s.) (2 Cox, 190.) Here a testator bequeathed unto the children of his late sister the sum of £2000, to be equally divided among them, and the question was, what children should take ? Decided: — That those children should take who were living at the death of the testator. Notes. — It may be useful here to state shortly the rules for construction of testamentary gifts to children : — (1) That an immediate gift to children, whether of a living or a deceased person, comprehends all those living at testator's death, and those only. (2) That where a particular interest is carved out, with a gift over to the children of any person, such gift will embrace not only those living at the testator's death, but all who come into existence before the period of distribution. (3) That where the period of distribution is postponed until the attainment of a given age by the children, the gift will apply to all who come into existence before the first child attains that age, but only to those. (See Gimblett v. Purton, L. R. 12 Eq. 427 ; 40 L. J. Oh. 55G ; Re Gardiner's Estate, L. R. 20 Eq. 647.) This rule is not, however, applicable to bequests of income similarly distributable. {Re Wenmoth 1 s Estate, Wenmoth v. Wenmoth, 21 Ch. D. 266 ; 57 L. J. Ch. 649.) (4) That where there is an immediate gift to children by will, and at the period when distribution takes place there are no children in existence, all the children born at any future period will take. (5) The words " to be born " will have the effect of extending LEADING CONVEYANCING AND EQUITY CASES. 39 the gift to all the children who shall ever come into existence. (2 Jarman on Wills, 4th edit. 154-167.) With regard to the third rule given above, it must be remembered that it is a rule of convenience, and that as there is much injustice in excluding, for the mere sake of the con- venience of others, those children born after the eldest one of them attains the given age, the Court is not inclined to extend the operation of the rule. (Lead. Cas. Conv. 805.) This is shown by the recent case of Re Wenmoth's Estate, Wenmoth v. Wenmoth {ante, p. 38), where the Court held that a distinction ought to be made between gifts of corpus and gifts of income, there being nothing which required the rule to be applied to income, as no difficulty with regard to that could arise, as might with regard to corpus. 40 AN EPITOME OF LEVENTHORPE v. ASHBIE. (Lead. Cos. Gonv. 801.) (Eolle'sAbr. SSI, pi 1.) A. devised a term of years to B. and the heirs male of his body begotten. Decided /—That B. was absolutely entitled to the term, and that on his death it went to his executors. Notes. — It is now well established, in accordance with the above case, that a bequest to a person of chattels, whether real or personal, in such terms as would in the case of a devise of real estate have conferred upon him an estate tail, will, as a general rule, give him an absolute interest, which on his death will go, not to his heir in tail, but to his personal representa- tive. There can, indeed, be no estates in personal property, for such property is essentially the subject of absolute owner- ship ; and besides the fact of a grant to one and the heirs of his body, conferring an absolute interest, so even if any chattel be assigned to one for his life, that person will at once become entitled at law to the whole, and this would be so even were the chattel a term of years of any length. To this rule there is an exception in the case of a bequest of a term of years to one for life, for on the death of the legatee for lif e the term is held to shift away and to vest in the person next entitled by way of executory bequest ; and although the above-mentioned strict doctrine of the indivisibility of chattels was retained in the Courts of Law, yet in modern times it was not observed in Equity, for the object there has always been to carry out the intention of the parties ; and if a chattel is given to A. for life, and afterwards to B., B. has a vested interest in remainder, which he may dispose of at pleasure ; and if mov- able goods were thus given, the Court would compel the life owner to furnish and sign an inventory of the goods and LEADING CONVEYANCING AND EQUITY CASKS. 41 undertake to take proper care of them. With regard to this difference between Law and Equity, the student will remember that the rules of Equity now prevail. (Judicature Act, 1873, sect. 25, sub-sect. 11.) However, if a gift is made of articles quce ipso usu consumuntur, as wines, &c., this will always vest in the first donee the absolute interest (see also herein notes to Shelley's Case, ante, pp. 32, 33). In one case (which is, how- ever, clearly distinguishable from the statement just made), a testator directed that the tenant for life of a house should have as much of his wine as she required for consumption in the house, and that any wine not so consumed on the death of the tenant for life should go with the house to the devisee in remainder. It was held that the tenant for life had only been given so much of the wine as she could use during her life, and that she was not entitled to sell any of the wine. {Be Colyer, MiUiken v. Snelling, 55 L. T. 344.) With regard to a gift of personalty to one for life and then to another, such a gift of specific personalty must be distin- guished from a gift as a whole or as a residue. (As to the rule in that case, see Howe v. Earl of Dartmouth, post, p. 129.) It may be convenient to here refer to a personal annuity, which, though personal property, is yet the subject of certain peculiarities. A personal annuity consists of an annual pay- ment not charged on real estate ; but it may nevertheless be limited to the heirs, or the heirs of the body, of the grantee. In former times it was doubted whether an annuity was not a mere chose in action, and therefore incapable of assignment, but this objection has been long overruled. When limited to the heirs of the grantee it will, on his intestacy, descend, like real estate, to his heir ; but it is still personal property, and will pass by his will under a bequest of all his personal estate. When given to the grantee and the heirs of his body, the grantee does not acquire an estate tail, for this kind of in- heritance is not a tenement within the meaning of the statute de Bonis. The grantee has merely a fee simple, conditional on his merely having issue, such as a grantee of lands would have had under a similar grant prior to the statute de Bonis, 42 AN EPITOME OF or as a copyholder would now take in manors where there is no custom to entail. When the grantee has issue, he may therefore alien the annuity in fee simple by a mere assignment, but should he die without issue the annuity will fail. A per- sonal annuity given to a man for ever will devolve on the executor, and not on the heir of the grantee. (Williams' Personal Property, 14th edit. 268, 269.) LEADING CONVEYANCING AND EQUITY CASES. 43 ELLIOTT v. DAVENPORT. {Lead. Cas. Conv. !)02.) (1 P. Wins. 83.) Testatrix by her will bequeathed unto Sir William Elliott, his executors, administrators, and assigns, the sum of £400 which he owed her, provided that he should thereout pay several sums to his children ; and she directed her executors to deliver up the security and not to claim any part of the debt, but to give such release as the said Sir William Elliott should think fit. Sir William Elliott died in the lifetime of testatrix. Decided: — That this was a lapsed legacy; and it was admitted on both sides, and agreed to by the Court, that the mere addition of the words ' ; executors, administrators, and assigns " will not prevent a lapse, for they are but surplusage. Notes. — The same doctrine applies to a limitation to a man "and his heirs." A mere declaration that a gift shall not lapse will have no effect if there be no substitution for the person dying in testator's lifetime ; but if, together with such a declaration, the gift is to a person and his executors, &c, this will prevent a lapse. The intention of substitution also will be implied, and a lapse thus prevented, where there is a gift to a person " or " his personal representatives. It must be borne in mind that by 1 Vict. c. 26 (sects. 32 and 33) no lapse is to occur (1) in the case of the devise of an estate tail where any issue are living at testator's death who would be inheritable under such entail, and (2) in the case of a devise or bequest to a child or other issue of the testator who dies leaving issue living at testator's death. 44 AN EPITOME OF With regard to this second case, the effect of the provision is not necessarily to make the child of the deceased child take, but to render the subject of the devise or bequest the absolute property of the deceased devisee or legatee. The effect of the provision is well shown by two cases — viz., Eager v. Furnivall (L. R. 17 Ch. D. 115; 50 L. J. Ch. 537) and Re Hensler, Jones v. Hensler (L. R. 19 Ch. D. 612 ; 51 L. J. Ch. 303). In this latter case a testator devised property to his son, who died during his lifetime, leaving issue, and having devised all his real estate to his father, the testator. It was held that the son took the property under the 33rd section of the Wills Act, as he must by force of that provision be deemed to have survived his father, and on this principle, that though his father actually survived him, yet he must be deemed to have died before him, so that the devise in the son's will failed, and the estate went to the son's heir, who of course was his child ; but this child took, not under the 33rd section, but by force of his position as heir to property to which his father was by reason of that section absolutely entitled. No point as to lapse arises if there is a bequest or devise to two or more as joint tenants and one predeceases the testator, for the survivor or survivors take the whole (Jarman on Wills, 4th edit. vol. i. 340). And the 33rd section of the Wills Act does not apply to prevent a lapse in cases of gifts to a class ; thus, if a father gives £10,000 " equally between my children," and then a child dies leaving issue, nevertheless this enures for the benefit of the other children, and a lapse of the share of the deceased child is not prevented. (Brown v. Hammond, 1 Johns. 210.) Property comprised in a lapsed devise or bequest falls into the residue if the will contains a residuary clause, and if it does not it goes to the heir or next of kin, according to whether it is real or personal property. The student must be careful not to confuse a lapse with the subject of ademption of a legacy. By the ademption of a legacy is meant the failure of a specific legacy by the disposal of the subject- matter of it during the testator's lifetime. A LEADING CONVEYANCING AND EQUITY CASES. 45 mere pledge of the subject of the legacy will not amount to an ademption, and the legatee is entitled to have the amount for which it is pledged discharged out of the testator's general estate {Knight v. Davis, 3 Myl. & K. 358). There is no ademption of a demonstrative legacy, for if the specified fund ceases to exist, the legacy then takes effect out of the general estate. (See also as to the doctrine of ademption or satisfac- tion, jwst, pp. 133-13G.) 46 AN EPITOME OF LORD BRAYBROKE v. INSKIP. {Lead. Cas. Conv. 986.) (8 Yes. 417.) " Decided: — That by a devise in general terms a trust estate will pass, unless an intention to the contrary can be inferred from expressions in the will, or the purposes or objects of the testator. Notes. — This decision must be taken as originally establishing the rule, not only as to ordinary trust estates, but also as to mortgaged estates — viz., that they would all pass under a general devise unless there were a contrary intention ; and with regard to what would amount to such a contrary in- tention, if a testator charged the property comprised in the residuary devise with debts, legacies, or annuities, or other- wise, or subjected his residuary estate to a series of com- plicated limitations, this being incompatible and inconsistent with his duties or powers in dealing with either trust or mortgaged estates, was held to show a contrary intention, and prevent the trust or mortgaged estates passing. A constructive trust was held to pass equally with an express trust under a general devise, provided there was no contrary intention ; and it was also decided that under a general devise of trust estates, an estate of which testator was only constructive trustee would pass (Lysaght v. Edioards, L. R. 2 Ch. D. 490 ; 45 L. J. Ch. 554). In that case the facts were as follows : In 1874 the plaintiffs entered into a contract for the purchase of real estate. After the title had been accepted, and before completion, the vendor died, having by his will, dated in 1873, given his personal estate to E., whom he appointed executor, and devised all his real estate to H. and M., upon trust for sale, and having also devised to H. alone all the real estate which at his death LEADING CONVEYANCING AND EQUITY CASKS. 47 might be vested in him as trustee. It was held by Jessel, M.R., that the vendor was a constructive trustee of the estate he had contracted to sell, and that it passed to H. under the devise of trust estates. The above is still the law in the case of deaths prior to January 1, 1882; but with regard to deaths on or since that date, sections 4 and 30 of the Conveyancing Act, 1881 (44 & 45 Vict. c. 41), very much alter the position (subject, however, to the Copyhold Act, 1894, presently mentioned). Section 30 of the Conveyancing Act, 1881, dealing with the whole subject of trust and mortgaged estates generally (including copyholds), enacted that any such estates vested solely in any person shall, notwithstanding any testamentary disposition, vest absolutely in his personal representatives, so that under this enactment any devise of trust and mortgaged estates became superfluous and of no effect. This enactment comprised all cases, not only of mortgaged estates and estates held upon express trust, but also constructive trust estates, so as to govern such a case as that of Lysaght v. Edwards, ante, p. 46. In addition, section 4 of the Conveyancing Act, 1881, enacts that where at the death of any person there is subsisting a contract enforceable against the heir or devisee, for the sale of a fee simple or other freehold interest descendible to his heirs general in any land, his per- sonal representative shall have power to convey the land, for all the estate and interest vested in him at his death, in any manner proper for giving effect to the contract. It will be observed that, though section 4 of the Con- veyancing Act, 1881, did not apply to copyholds, section 30 did. This, however, was altered, for the Copyhold Act, 1887 (50 & 51 Vict. c. 73, sect. 45), repealed section 30 of the Con- veyancing Act, 1881, as regards copyholds; and though this statute is itself repealed by the Copyhold Act, 1894 (57 & 58 Vict. c. 4(5), that Act (sect. 88) provides that section 30 of the Conveyancing Act, 1881, shall not apply to copyhold or cus- tomary land vested in the tenant on the court) rolls by way of trust or by way of mortgage ; and therefore as regards copy- hold trust or mortgaged property that will now pass to the 48 AN EPITOME OF devisee under the trustee's or mortgagee's will, or if there is no will it will devolve on the customary heir. The doctrine of the principal case, therefore, applies generally as to all deaths prior to January 1, 1882, and also now to all cases of copyhold trust and mortgaged property, but it has no application to freeholds. With regard to property that will vest in the personal representatives of a deceased person, it appears convenient to here notice the recent enactment of the Land Transfer Act, 181)7 (60 & 61 Vict. c. 65, Part I. sects. 1-3) which applies to all deaths occurring on or after January 1, 1898. This statute provides that where real estate (other than copyholds) is vested in any person without a right in any other person to take by survivorship, it shall on his death, notwithstanding any testamentary disposition, devolve to and become vested in his personal representatives from time to time as if it were a chattel real, and shall be administered by the personal repre- sentatives as if it were personalty. Subject to this the personal representatives are to hold the real estate as trustees for the persons beneficially entitled thereto, who may in due course require and compel transfer to them. LEADING CONVEYANCING AND EQUITY CASES 49 PAWLETT v. PAWLETT. [Lead. Cas. Conv. 810.) (1 Vern, 321.) Lord Pawlett, by settlement, limited certain lands for the purpose (amongst other things) of raising portions for younger children, payable at twenty-one or marriage. One of the daughters died under twenty-one, and un- married, and her administratrix instituted this suit to obtain payment of her portion. Decided : — That her portion should not be raised for the benefit of her administratrix, though it would have been otherwise in the case of a legacy. STAPLETON v. CHEALES. (Lead. Cas. Conv. 820.) (Free. Chan. 17.) Decided: — (1) That if a legacy is bequeathed to an infant "payable" or "to be paid" at the age of twenty- one years, it is a vested interest, the time of payment only being postponed, so that it shall go to the personal representatives of the infant, though he dies before that (2) But if a legacy is bequeathed to an infant "at" twenty-one, or "if" or "when" he shall attain the age of twenty-one, this is a contingency, and if the legatee dies before the appointed age the legacy is lapsed, and 50 AN EPITOME OF shall not go to the personal representatives, unless interest is given in the meantime. HANSON v. GRAHAM. (Lead, Cas. Conv. 822.) (6 Yes. 239.) Decided : — That the word " when," standing alone and unqualified in a will, is conditional ; but that it may be controlled by expressions and circumstances, so as to post- pone, not the vesting, but the payment only, as where the interest of the legacy in the interval, is directed to be laid out at the discretion of the executors for the benefit of the legatees. Notes on these three Gases : — " The result of the question whether a gift is vested or contingent is most important; because in the former case, although the devisee or legatee die before the event happens which gives him actual possession or enjoyment, the property devised or bequeathed becomes transmissible to his representatives; whilst, on the other hand, if the gift be contingent upon the happening of a certain event which never takes place, the property will go to others." (Lead. Cas. Conv. 832.) The case of Pawlett v. Pawlett goes to shew that, when the beneficiary dies, a portion shall not be raised, though a legacy under similar circumstances would ; while the two latter cases shew when it is that a legacy will be considered an actually vested interest, with payment only postponed, and when it will be but a contingency. The circumstance that a legacy is given for some particular purpose does not render it contingent; thus if a legacy is given to an infant to apprentice him, and he dies before he is apprenticed, his representatives will still get the legacy. (See LEADING CONVEYANCING AND EQUITY CASES. 51 hereon the recent case Re Bowes, Earl of Strathmore v. Vane (1896), 1 Ch. 507 ; 65 L. J. Ch. 298.) The student should, in considering the cases of Stapleton v Gheales and Hanson v. Graham, observe that the rules there laid down only apply to purely personal legacies, and not to legacies which are charged on land. As regards legacies charged on land and payable infuturo, the rule is that if the postponement is with reference to some event personal to the legatee, then if that event never happens, the legacy is not to be raised ; but if the postponement has reference to the circum- stances of the estate, then it is otherwise (Indermaur's Manual of Eq., 4th edit. 117, 118). 52 AN EPITOME OF MORLEY v. BIRD. {Lead. Cas. Conv. 876.) (3 Yes. 629.) Decided: — That notwithstanding the leaning of the Court to a tenancy in common, in preference to a joint tenancy, an interest simply given to two or more, either by way of legacy or otherwise, is joint, unless there are words of severance, as " equally among," or words to the like effect, or unless an inference of that sort arises in Equity from the nature of the transaction, as in partner- ship, &c. LAKE v. GIBSON. LAKE v. CRADDOCK. (2 Lead. Cas. Eq. 952.) (1 Eq. Gas. Ab. 29±,.pl. 3.) Here five persons purchased West Thorock Level from the Commissioners of the Sewers, and the conveyance was to them as joint tenants in fee, but they contributed rate- ably to the purchase, which was to the intent of draining the level. Several of them died. Decided : — That they were tenants in common in Equity, for the purchase was for the purpose of a joint under- taking ; and though one of these five persons deserted the partnership for thirty years, yet he was afterwards let in on terms. LEADING CONVEYANCING AND EQUITY CASES 53 Notes on these Cases : — The rule at law with regard to two or more persons taking property has always been that they are joint tenants, the maxim being Jus accrescendi prcefertur ultimce voluntatis, except indeed in the case of merchants, where there has always been an exception to the rule of survivorship, for Jus accrescendi inter mercatores pro beneficio commercii locum non habet. The above case of Morley v. Bird decides that where property is given to several without anything^ else, that must be a joint tenancy; and Lake v. Gibson and Lake v. Craddock shew the leaning of Equity to a tenancy in com- mon, and that a purchase for a joint undertaking, though the conveyance be to the parties as joint tenants, will con- stitute a tenancy in common ; and this decision forcibly illus- trates the maxim, " Equality is equity." Although, if persons purchase an estate and pay equal portions of the purchase- money, and take a conveyance in their joint names, this is a joint tenancy (unless for the purpose of some joint under- taking), yet if the purchase-money is paid in mtequal proportions, there will be no survivorship, but they hold the estate in proportion to the sum which each advanced : and in the case of a mortgage to two or more jointly, even though the money is advanced equally, there is no survivor- ship, but the survivor or survivors will be a trustee or trustees for the personal representatives of the deceased. To prevent the application of this rule it has been the practice, when two or more trustees advance money on mortgage, to insert a declaration in the deed that the money is advanced on a joint account, and that the receipt of the survivor shall be a sufficient discharge; for in this case it would be very in- convenient for the representatives of a deceased trustee to have an interest, and to be necessary parties in reconveying- when the mortgage-money is paid off. Although in practice words to this effect are still inserted in such mortgages, yet there is strictly now no need for them, as by section Gl of the Conveyancing Act, 1881 (44 & 45 Vict. c. 41), it is provided that where a mortgage is made to two or more persons jointly, 54 AN EPITOME OF and not in shares, the mortgage-money shall be deemed to belong to them on a joint account as between them and the mortgagor, and the receipt of the survivor shall be a sufficient discharge, notwithstanding any notice to the payer of a severance of the joint account. This provision, however, only applies to mortgages made on or since January 1, 1882. The purchase by joint mortgagees of the equity of redemption is unlike an ordinary joint purchase, for they will in Equity still be tenants in common, because the purchase is founded on the mortgage. Notwithstanding the leaning of Equity to a tenancy in common as giving really the true equality, yet if property, instead of having been purchased for a partnership, has been devised to the partners as joint tenants, and used by them for partnership purposes, they will still be joint tenants, and not tenants in common, unless by express agreement, or by their course of dealing with it for a long period, an intention to sever the joint tenancy may be inferred (2 Lead. Cas. Eq. 964). In those cases in which Equity considers a tenancy in common to be created, the survivor is treated as a trustee for the representatives of the deceased person, an implied trust being created founded upon an unexpressed but presumable intention. With regard to purchases by partners of property for partnership purposes, the usual plan is to take the conveyance to the partners as joint tenants " as part of their partnership property," but it is sometimes conveyed to the partners as tenants in common, in shares corresponding with their shares in the partnership property, without mentioning that it is for partnership purposes. If there are a number of partners it may sometimes be found advisable to vest the property in some of them only, with a separate declaration of trust (1 Prideaux, 16th edit. 272, 274). It may be noticed ithat land purchased for the purposes of a partnership has long been considered by the Court to have the quality of personal estate, and this principle is embodied in LEADING CONVEYANCING AND EQUITY CASES 55 the Partnership Act, 1890 (53 & 54 Vict. c. 39), which provides (section 22) that where land or other heritable interest therein has become partnership property, it shall, unless the contrary intention appears, be treated as between the partners (including the representatives of a deceased partner), and also as between the heirs of a deceased partner and his executors or administrators, as personal or movable, and not real or heritable estate. 5G AN EPITOME OF HARDING v. GLYNN. (2 Lead. Cas. Eq. 335.) (1 Atk, 469.) A testator by his will gave personal property to his wife, but did desire her, at or before her death, to give the same unto and among such of his own relations as she should think most deserving and approve of. Decided : — That the wife was only intended to take beneficially during her life, and that so much of the property not disposed of in accordance with the power, ought to be divided equally amongst such of the relations of the testator as were his next of kin at the time of his wife's death. Notes. — In the above case words which merely expressed the wish or desire of the testator were held to constitute a trust; but frequently it is very difficult to determine when and when not a trust will be created by words of that nature. The general rule is, that where property is given absolutely, accompanied with words of recommendation, entreaty, or wish, that the donee will dispose of that property in favour of another, such words shall be held to create a trust; but (1) the words must be so used that upon the whole they ought to be construed as imperative ; (2) the subject of the recommendation or wish must be certain ; and (3) the objects of the recommendation or wish must be certain. Such trusts are called Precatory Trusts. Words of recommendation, &c, will not be construed as imperative if an intention appear in any part of the will to give the devisee a right or power to spend the property. Precatory trusts come properly under the definition of LEADING CONVEYANCING AND EQUITY CASES 57 Express trusts, these being defined as trusts clearly expressed by the author or creator, or capable of being fairly collected from a written document. They cannot, of course, be said to be clearly expressed, but yet on a correct interpretation of the whole instrument they may fairly be collected from it. " The cases on the subject of precatory trusts are numerous, and it is difficult, if not impossible, to reconcile all of them, but there is no doubt that the tendency of modern decisions is against construing precatory words as binding trusts, and rather to leave them as a wish or desire, and nothing more." (Indermaur's Manual of Equity, 4th edit. 31 ; and see Re Diggles, Gregory v. Edmondson, 39 Ch. D. 253 ; 59 L. T. 884 ; Re Hamilton, Trench v. Hamilton (1895), 2 Ch. 370 ; 04 L. J. Ch. 3G5.) See also numerous cases referred to, 2 Lead. Cas. Eq. 339). 58 AN EPITOME OF LORD GLENORCHY v. BOSVILLE. (2 Lead. Cas. Eq. 763.) (Cas. temp. Talbot, 3.), Here Sir Thomas Pershall devised real estates to trustees upon trust, upon the happening of the marriage of his grand-daughter Arabella Pershall, to convey the said estates with all convenient speed to the use of the said ^ Arabella Pershall for life, remainder to husband for life, remainder to the issue of her body, with remainder over. Bedded: — That though Arabella Pershall would have taken an estate tail had it been the case of an immediate devise, yet that the trust, being executory, was to be executed in a more careful and accurate manner, and that a conveyance to Arabella Pershall for life, remainder to her husband for life, with remainder to their first and every other son, with remainder to the daughters, would best serve the testator's intent. Notes. — The above case clearly shews the distinction between executed and executory trusts. " A trust executed is one which is fully and finally declared by the instrument creating it, one in which the creator of the trust may be said to have been his own conveyancer, but a trust executory is one which, whilst containing an indication or idea of the trust intended, is yet incomplete in its character, and requires some other instru- ment to perfect it." (Indermaur's Manual of Eq., 4th edit. 43.) The distinction between these two kinds of trusts forms the I best illustration that can be given of the true meaning of the j maxim, " Equity follows the Law " ; for as regards an executed trust, the same construction will be put on it in Equity as at Law ; but as regards an executory trust, only where an analogy LEADING CONVEYANCING AND EQUITY CASES 59 plainly subsists, and there is no equitable reason to deviate from the rule. (See Sackville-West v. Viscount Holmsdale, L. R. 4 H. L. 543.) A very material distinction should here be noted between trusts executory in marriage articles and trusts executory in wills ; for in the former, from the nature of the transaction, the intention of the parties can always be presumed, whilst in the latter it can only be gathered from the words used in the will ; and therefore in wills very frequently a construction must be put on such a trust according to the literal meaning, because there is nothing to guide the Court to any other construction; though if the same words had been used in marriage articles, the construction would have been different, the object of the marriage articles forming a guide to the intention. Thus, if in marriage articles an estate is limited to the husband and the heirs of his body, the Court will yet construe this as only giving a life estate to the husband, and an estate tail to the first and other sons, because marriage articles are naturally intended as a provision for the children of the marriage, and to give the husband an estate tail would be to frustrate the very object of the articles, because he might at once bar it. But in the case of a like provision in a will, although in the nature of an executory trust, the husband will take an estate tail, unless some intention can be found from the words used in the will that he is only to take a life estate, for there is nothing from the nature of the instrument, like there is in the case of marriage articles, to shew that he was only intended to take a life estate. (2 Lead. Cas. Eq. 775.) "With regard to marriage articles, it may be observed that, where there are articles entered into before marriage, and after marriage a settlement is executed, and there is a difference between them, the articles govern ; but where both the articles and the settlement are made before the marriage, the parties are generally concluded by the settlement, unless it recites that it is made in pursuance of the articles, when, if it differs, it will be made subservient to them (see Legg v. Gold- wire, 2 Lead. Cas. Eq. 770). However, evidence is admissible 60 AN EPITOME OF to shew that the articles constitute the final agreement be- tween the parties, and that the discrepancy between the articles and the settlement arose from mistake, and upon this being proved the Court will rectify the settlement and make it conformable to the real intention of the parties, but the evidence must be clear, and the onus lies on the party seeking to alter the .settlement. (2 Lead. Cas. Eq. 798, 709.) LEADING CONVEYANCING AND EQUITY CASES. 61 ELLISON v. ELLISON. (2 Lead. Cits. Eq. 835.) (6 Ves. 65G.) Decided : — That there is this distinction as to volunteers — viz., The assistance of the Court cannot be had, without consideration, to constitute a party cestui que trust, as upon a mere voluntary covenant to transfer stock, &c. ; but if the legal conveyance is actually made constituting the relation of trustee and cestui que trust, as if the stock is actually transferred, &c, though without consideration, the equitable interest will be enforced. Notes. — A person who makes a voluntary gift by instrument inter vivos, must make it in a complete manner to render it binding on him, for if it is in any way incomplete he may draw back from it, and it cannot be enforced (see Green v. Paterson, 32 Ch. D. 95 ; 54 L. T. 738). Where, however, a settlor actually constitutes himself a trustee for volunteers, a Court of Equity will enforce the trusts declared ; and such cases as these must be carefully distinguished from those in which it is intended to confer upon persons the whole interest without trustees ; thus, if a person disposes of property informally in favour of a volunteer, no assistance will be given in Equity, but if he simply declares himself to be a trustee of that property, a complete trust is created, and the Court will act upon it. An instance of an informal attempt to dispose of an interest is found in the case of Antrobus v. Smith (12 Yes. 39). In that case one Crawford made the following indorsement upon a receipt for one of the subscriptions in the Forth and Clyde Navigation : "I do hereby assign to my daughter Anna Crawford all my right, title, and interest of and in the enclosed 62 AN EPITOME OF call, and all other calls of my subscription in the Clyde and Forth Navigation." This was no complete legal assignment, but it was attempted to be argued that the father meant to make himself a trustee for his daughter of these shares. It was, however, held that there was no trust created, the Master of the Rolls saying : " Mr. Crawford was not otherwise a trustee than as any man may be called so who professes to give property by an instrument incapable of conveying it. He was not in form declared a trustee, nor was that mode of doing what he proposed in his contemplation. He meant a gift. He says he assigns the property. But it was a gift not complete. The property was not transferred by the act. Could he himself have been compelled to give effect to the gift by making an assignment 1 There is no case in which a party has been compelled to perfect a gift, which, in the mode of making, he has left imperfect. There is a locus pcenitentice as long as it is incomplete." An instructive case on this subject is that of Richards v. Delbridge (L. R. 18 Eq. 686), in which Jessel, M.R., held that certain words professing to make a gift (which was an imper- fect gift), constituted no valid declaration of trust. The following portion of his Lordship's judgment seems especially useful : " The principle is a very clear one. A man may transfer his property without valuable consideration in one of two ways : he may either do such acts as amount in law to a conveyance or assignment of the property, and thus com- pletely divest himself of the legal ownership, in which case the person who by those acts acquires the property takes it beneficially, or on trust, as the case may be; or the legal owner of the property may, by one or other of the modes recognised as amounting to a valid declaration of trust, constitute himself a trustee, and without any actual transfer of the legal title, may so deal with the property as to deprive himself of its beneficial ownership, and declare that he will hold it from that time forward on trust for the other person. It is true he need not use the words, ' I declare myself a trustee,' but he must do something which is equiva- LEADING CONVEYANCING AND EQUITY CASES. 63 lent to it, and use expressions which have that meaning ; for however anxious the Court may be to carry out a man's inten- tions, it is not at liberty to construe words otherwise than according to their proper meaning. . . . The true distinction appears to me to be plain and beyond dispute ; for a man to make himself a trustee, there must be an expression of inten- tion to become a trustee, whereas words of present gift shew an intention to give over property to another, and not to retain it in the donor's own hands for any purpose, fiduciary or otherwise." (See also Milroy v. Lord, 4 De G. F. & J. 264.)| Where a person makes an assignment of outstanding debts, no doubt notice should always be given to the debtor, but even though the assignment is voluntary, and this notice is not given, yet the assignment is substantially a complete one so as to vest the debts in the assignee ; and if the assignor after the assignment receives the amount of the debts, the assignee can sue him for the amount, which after the assign- ment he had no right to receive. (Re Patrick, Bills v. Tatham, (1891) 1 Ch. 82; 60 L. J. Ch. 111.) In the absence of an express power of revocation, a con- veyance or a declaration of trust in favour of a volunteer cannot be revoked or avoided (Harvey v. Armstrong, 18 Ch. D. 688), except that in the case of an assignment of property in favour of creditors, it is revocable until the creditors have assented to the trust, and this whether they are individually named or not. Such a provision is sometimes styled an illusory trust, as being really an arrangement for the settlor's own con- venience, rather than the creation of a trust in the proper meaning of the word. It must be borne in mind that, although, as decided in the above case, Equity will not enforce any executory trust raised by covenant or agreement unless there is a valuable considera- tion, yet that this does not apply to executory trusts arising under wills, for those will be carried out. If application is made to the Court to set aside some voluntary instrument on the ground of fraud, the onus lies 64 AN EPITOME OF on the defendant to prove that such voluntary instrument was fairly and honestly made, without any fraud or pressure on his part ; and if he stood in a fiduciary capacity towards the person making such voluntary instrument, he must, in addition, shew how the intention to make it was produced in the other person. (Roghton v. Hoghton, 15 Beav. 299.) LEADING CONVEYANCING AND EQUITY CASES. 65 FOX v. MACKRETH. (2 Lead. Cos. Eq. 709.) (2 Cox, 320.) In this case the defendant, Mackreth, being a trustee for the plaintiff 1 , Fox, of certain property, agreed to buy such property of him for a sum of £39,500, and such agreement was duly carried out by conveyances being subsequently executed. Mackreth immediately after- wards sold the property to a Mr. Page for £50,500, and the plaintiff, discovering this, filed his bill to have advan- tage of it. Decided : — That Mackreth having purchased the estate from his cestui que trust while the relation of trustee and cestui que trust continued to subsist between them, and without having communicated to the plaintiff the value of the estate acquired by him as trustee, he must be and was declared a constructive trustee as to the sum produced by the sale to Mr. Page. Notes. — The true ground of the above decision was not the under-value, but as stated above ; but it must be noted that a trustee can purchase from a cestui que trust who is sui juris, and has discharged him from all the obligations which attached to him as trustee ; but even then any such trans- action will be viewed by the Court with jealousy, and the trustee must shew that there is a clear and distinct contract, ascertained to be such, after the fullest examination of all the circumstances, that the cestui que trust intended the trustee should buy, and that there was no fraud, concealment, E 66 AN EPITOME OF ■or possible advantage taken by the trustee of any information acquired by him in his character of trustee. Practically the only safe way for a trustee to buy is by leave of the Court, on application shewing the full particulars and the advantage to the cestui que trust. Such an application may now be made by an originating summons in Chambers under Order lv. Rule 8 (see Indermaur's Manual of Practice, 7th edit. 267) ; and a trustee or other person occupying a position of a fiduciary or quasi fiduciary nature, who, disclosing all facts which he ought to disclose, obtains the leave of the Court to purchase, is safe. (Coaks v. Boswell, L. P. 11 App. Cas. 232; 55 L. J. H. L. 761.) LEADING CONVEYANCING AND EQUITY CASES. KEECH v. SANDPORD. (2 Lead. Gas. Eg. 693.) (Select Cas, in Chancery, (51.) Here the lease of Rumford Market had been bequeathed to B. in trust for an infant. B. before the expiration of the term applied to the lessor for a renewal of the lease for the benefit of the infant, and this was refused. B. then got a lease made to himself. On this suit being brought by the infant to have the lease assigned to him — Decided: — That B. was a trustee of the lease for the infant, and must assign the same to him. ROBINSON v. PETT. (2 Lead. Cas. Eq. (50(3.) (P. Wms. 132.) Decided : — That the Court never allows an executor or trustee for his time and trouble ; neither will it alter the case that the executor renounces, and yet is assisting to the executorship ; and this, even though it appears that the executor or trustee has benefited the trust to the pre- judice of his own affairs. Notes on these two Cases. — The above two cases are here placed to immediately follow Fox v. Mackreth, as although that case certainly bears on a subject that they do not — viz., purchases by a trustee — yet they all in common are decisions on the position of a trustee, and go to shew that he can make no profit from his trust. If he does so, he becomes a con- 68 AX EPITOME OF structive trustee of that profit for his cestui que trust. And this furnishes a good instance of a constructive as opposed to an implied trust properly so called (as to which see Dyer v. Dyer, post, p. 71), for the trust is raised here to satisfy the demands of justice without reference to any presumable intention of the parties. A fair contract between trustees, or executors, and their cestuis que trust who are sui juris, to receive some compensation for acting, is, however, good, and trustees and guardians managing the estates of West India proprietors are entitled to a commission not above £Q per cent., so long as they personally take care of the management and improvement of the estates committed to their charge ; but not if they leave the place and trust the management to others acting as attorneys (2 Lead. Cas. Eq. ij'22). An executor appointed in the East Indies was formerly entitled to a commission of £5 per cent, upon the receipts or payments, but this is not so now, unless expressly given him by the testator (ibid. 023). The Judicial Trustee Act, 1890 (59 & 60 Vict. c. 35, sect. 1) now also provides that in any proper case the Court may appoint an official trustee, who may be remunerated. Where an executor or trustee is a solicitor, the usual course is to expressly authorise him by the trust instrument to make his proper professional charges, and if he is so authorised he is entitled to do so ; but even here he is only allowed for strictly professional charges, and will not be allowed to charge for doing acts which a trustee or executor would ordinarily do personally without employing a solicitor. If by a will a solicitor is appointed executor or trustee, and the will contains a clause authorising him to make his charges for acting as solicitor, and he attests the will, he loses the right to make profit charges, as he is really a person taking a benefit under the will (Be Pooley, 40 Ch. I). 1 ; 58 L. J. Ch. 1). If a solicitor is appointed trustee without the proper provision being made for his charges, the rule is just the same as if he were a private person — viz., that he can charge nothing but reasonable expenses out of pocket. However, it has been decided that where a trustee is a solicitor he may be employed LEADING CONVEYANCING AND EQUITY CASES. 69 by his cestuis que trust, or co-trustees, in an action relating to the trust affairs, and make the usual charges, if this does not increase the costs (Cradock v. Piper, 15 L. T. Rep. 61); and although this case has not been altogether approved of, yet it has recently been recognised as a binding authority {Re Corsellis, Laivton v. Elwes, 34 Ch. D. 675 ; 56 L. J. Ch. 294). Still its principle is not to be at all extended (ibid.), and does not apply where the trustee acts for himself and his co-trustee in the administration of the trust estate out of Court (2 Lead. Cas. Eq. 613). As regards the investments that trustees may make of moneys in their hands, irrespective of the express provisions of the trust instrument, the subject is now governed by the Trustee Act, 1893 (56 & 57 Vict. c. 53, sect. 1), which applies to trusts created before as well as to those created since its passing. (See Indermaur's Manual of Equity, 4th edit. 73, 74.) And as regards capital money under the Settled Land Act, 1882 (45 & 46 Yict. c. 38), certain exceptional securities are also allowed in which ordinary trustees cannot invest (ibid. 75). With regard to trustees' investments on mortgage, this sub- ject is now also governed by the Trustee Act, 1893. Under this Act (sect. 8) trustees must get the property surveyed by a surveyor they personally select (Walker v. Wcdker, 59 L. J. Ch. 386 ; 62 L. T. 449), but who need not be a local man. The report of the surveyor must state the value of the property, and advise that an advance be made, and then the trustees must not advance more than two-thirds of such value. If they advance more than two-thirds, then the excess is to be deemed a proper security for the sum they ought only to have advanced, and they are only liable to make good the sum advanced in excess thereof with interest. Generally, irre- spective of the Act, the trustees must act with prudence as regards the class or nature of the property on which they advance (lie Whitely, Whitely v. Learoyd, 33 Ch. D. 347 ; 55 L. J. Ch. 4 AN EPITOME OF fund as an annuity though the corpus belongs to her (Re Bown, O'Hallaran v. King, 27 Ch. D. 411 ; 53 L. J. Ch. SSI). As a general rule, however, where there is a gift of a sum of money to a married woman without power of anticipa- tion, if there is no further indication that the income only is to be paid to her during coverture, the clause against antici- pation will be rejected and the corpus paid over to her (Re Fearon, Hotchkin v. Mayor, 45 W. R. 232; see further hereon Indermaur's Manual of Equity, 4th edit. 380-382). With regard, however, to the anticipation clause, it has now been provided by the Conveyancing Act, 1881 (sect. 39), as to judgments or orders made on or after 1st January 1882, that, "notwithstanding that a married woman is re- strained from anticipation, the Court may, if it thinks fit, where it appears to the Court to be for her benefit, by judgment or order, with her consent, bind her interest in any property." It seems this section was primarily intended to alter the law as declared in Robinson v. Wheelwright, (6 De G. M. & G. 535), where it was held that the Court could not permit a married woman to alienate her restrained property even to the manifest advantage of her estate, but a very wide meaning has been given to the provision (Re Flood's Trust, 11 L. R. Ir. 355; Re Torrance's Settlement, SI L. T. Newspaper, 118; Law Students' Journal, July 1886, p. 167; Hodges v. Hodges, 20 Ch. D. 749; 51 L. J. Ch. 549). But this enactment does not mean that the Court has a general power of removing the restraint on anticipation, but only a power to make binding a particular disposition of property by a married woman if it be for her benefit (Re Warren's Settlement, 52 L. J. Ch. 928) ; and it may be stated that the tendency of the Court now is to act more strictly in the exercise of its power than has formerly been the case (Re Pollard's Settlement (1896), 2 Ch. 552; 65 L. J. Ch. 796). It may be noticed that a restraint on anticipation in a settlement, does not prevent the exercise by a married woman of any power under the Settled Land Act, 1882 (45 & 46 Vict, c. 38, sect. 61). LEADING CONVEYANCING AND EQUITY CASES. ( .b r ) The Married Women's Property Act, 1893 (56 & 57 Vict. c. 63, sect. 2), now provides that in any action or proceeding instituted by or on behalf of a married woman, the Court before which such action or proceeding is pending shall have jurisdiction by judgment or order from time to time to order payment of the costs of the opposite party out of property which is subject to a restraint on anticipation (see hereon Hood-Barrs v. Heriot (185)7) A. 0. 177 ; 66 L. J. Q. B. 35G). Subject to this, under a judgment against a married woman, property which she is restrained from anticipating cannot be attached. If, however, a judgment is obtained after any income has become in arrear, that can be attached {Hood- Barrs v. Heriot (1896), A. C, 174; 65 L. J. Q. B. 352), but subsequently accruing income cannot be {Whiteley v. Edwards (1896), 2 Q. B. 48 ; 65 L. J. Q. B. 457) ; and where a creditor obtained an order for judgment under Order xiv. against a married woman before income had accrued due, but deferred signing judgment until it was in arrear, it was recently held that such income could not be attached, as the judgment related back to, and depended on the order (Collyer v. Isaacs, Law Times Newspaper, 28 August 1897). 90 AN EPITOME OF HUGUENIN v. BASELY. (1 Lead, Cas. Eg. 247.) (14 Ves. 273.) Here the plaintiff, Mrs. Huguenin, whilst a widow, constituted the defendant her agent, and he undertook the management of her property and affairs ; and she afterwards executed a voluntary settlement in favour of him and his family. Mrs. Huguenin having now married, this suit was brought by her and her husband for the purpose of setting aside the settlement. Decided: — That the settlement should be set aside as obtained by undue influence and abused confidence in the defendant as an agent undertaking the management of her affairs, upon the principles of public policy and utility, applicable to the relation of guardian and ward. Note. — The above case forms an instance of a constructive fraud, and proceeds upon the ground of the confidential rela- tion existing between the parties ; for it is a rule, that when any such confidence exists, and the party in whom it is reposed makes use of it to obtain an advantage to himself at the ex- pense of the party confiding, he will never be allowed to retain any such advantage, however unimpeachable such transaction would have been if no such confidence had existed. And this rule, which is founded upon general principles of public policy, applies to all relationships of a confidential nature, such as counsel or solicitor and client, promoters and directors of public companies, medical men and their patients, and ministers of religion and those confiding in them, and indeed every case in which influence is acquired and abused, or confidence is reposed and betrayed (Indermaur's Manual of Equity, 4th edit. LEADING CONVEYANCING AND EQUITY CASES. 97 220). But if, though such a relationship may have originally existed as might have induced the Court to set the transaction aside, yet afterwards the party having the right to seek the Court's assistance confirms what has been done, or is guilty of laches, the Court will not interfere (Allcard v. Skinner, 36 Ch. D. 145; 56 L. J. Ch. 1052). A solicitor because of his position must not take a gift from his client (Tyars v. Alsop, 37 W. R. 339), and this rule has recently been held to apply to a gift to the solicitor's wife. (Liles v. Terry (1895), 2 Q. B. 679 ; 65 L. J. Q. B. 34). The rules of Equity in relation to gifts inter vivos, by which fraud is presumed when they are obtained from persons stand- ing in certain relations to the donors, have been held not applicable to gifts by will {Parfitt v. Lawless, L. R. 2 P. & D. 462 ; Ashwell v. Lomi, L. R. 2 P. & D. 477). 98 AN EPITOME OF EARL OF CHESTERFIELD v. JANSSEN. (1 Lead. Gas. Eq. 289.) (2 Ves. 125.) In this case one Mr. Spencer, at the age of 30, had borrowed £5000 of defendant on the terms of paying c€l 0,000 if he survived his grandmother, from whom he had large expectations, and who was then of the age of 78 years, and nothing if he did not. He did survive her, and after her death gave a bond for payment of the £10,000, and paid a part. Mr. Spencer having since died, his executor brought this suit to be relieved against this contract as usurious and unconscionable. Decided : — Not usurious, and (without deciding whether relief would have been given against the original trans- action) no relief could now be given, Mr. Spencer having by his acts after his grandmother's death ratified the transaction. EARL OF AYLESFORD v. MORRIS. (L. R. 8 Ch. App. 484 ; 42 L. J. Ch. 54C.) Here the plaintiff, soon after he came of age, and whilst his father was living, borrowed from the defendant, who was a money-lender, sums amounting to about £7000, for which he gave bills, which, with interest and discount, together exceeded 60 per cent. These bills were renewed, and after the death of plaintiff's father, defendant sued LEADING CONVEYANCING AND EQUITY CASES. 99 plaintiff on the bills, and this suit was brought for an injunction to restrain the action on payment by the plaintiff of the sums advanced, and interest at 5 per cent. Decided: — That the plaintiff was entitled to the relief sought, and that the fact of his being an actual tenant in tail in remainder (as the case was), instead of being merely an expectant heir, made no difference. Notes on these two Cases. — Chesterfield v. Janssen is a leading ■case on the subject of constructive fraud, which may be defined as something said, done, or omitted which is construed as a fraud by the Court, because if generally permitted it would be pre- judicial to the public welfare (Indermaur's Man. of Eq., 4th edit. 210). Although in this case no relief was given, because of confirmation by Mr. Spencer of the transaction, yet the particular subject of bargains with expectant heirs was there much considered. As to these the rule in Equity is to set them aside, unless the purchaser can prove that he paid full consideration, or that the bargain, being made known to those to whose estate the expectant was hoping to succeed, was approved of by them ; in which latter case there will at any rate be a strong presumption in favour of the bona fides of the transaction, though it must not be placed higher than this. The relief thus given to expectant heirs was formerly also given in the case of the sale of remainders and reversions, but by 31 "Vict. c. 4 (sect. 1), it is enacted that " no purchase, made bond Jide and without fraud or unfair dealing, of any reversionary interest in real or personal estate, shall hereafter be opened or set aside merely on the ground of undervalue ; " and by sect. 2 the word " purchase " used in sect. 1 has an extended meaning. Therefore, if there is an honest sale or mortgage of a rever- sionary interest, this is always good, unless there is some fraud or unfair dealing ; and the practical effect is, that if the trans- action is an unconscionable one, this is fraud and unfair deal- ing, and it is as much liable to be upset as it was before the 100 AN EPITOME OF statute. And where the circumstances attending the dealing with a reversion raise a presumption of fraud, the onus is on the purchaser to prove that the transaction was in fact fair, just, and reasonable (Fry v. Lane, 40 Ch. D. 312 ; 37 W. R. 135). The case of Earl of Aylesford v. Morris is a modern decision on the subject of bargains with expectant heirs ; and whilst the former principles and rules on the subject are confirmed, they seem also to be somewhat extended, for in that case the plaintiff was not simply an expectant heir, but he was an actual tenant in tail in remainder, and yet it was held that this made no difference, and relief was given. A more recent case on the subject is, however, that of JSTeviU v. Snelling (L. R. 15 Ch. D. 679 ; 49 L. J. Ch. 777). In that case the plaintiff was the youngest son of a Marquis, who was a large landed proprietor, but he (the plaintiff) had no property or expectations except such as might be founded on the position of his father. The defendant had lent him money without any thought of payment by the borrower from his own personal resources, but on the credit of his general expec- tations, and in the hope of extorting payment from the father to avoid the exposure attendant on the son's being made a bankrupt. Relief was given, the Court holding that the principle on which Equity has granted relief from an unconscionable bargain, entered into with an expectant heir or reversioner for the loan of money, applied equally to the case of such a transaction as this, though the plaintiff was not an expectant in the strict sense of the term. Actions to set aside unconscionable bargains are treated as redemption actions, and relief is given upon payment of the sum actually advanced with interest, usually at 5 per cent, per annum, money expended by the defendant in lasting and permanent improvements on the premises being also allowed (1 Lead. Cas. Eq. 323). LEADING CONVEYANCING AND EQUITY CASES. 101 SCOTT v. TYLER. (1 Lead. Gas. Eq. 535.) (2 Bro. Ch. 431.) Here a legacy had been given to a daughter, one moiety of which was to be paid to her at 21 if then unmarried, and the other moiety at 25 if then unmarried ; but in case she married before 21 with the consent of her mother, to be settled upon her as mentioned in the will. The daughter married under 21 without the consent of her mother. Decided : — That the legacy did not vest in the daughter upon the marriage, and that she never came under the description to which the gift of the legacy was attached. Notes. — Conditions and contracts operating unduly in re- straint of marriage are generally void, on principles of public policy, as constructive frauds. Not only are conditions which are in general restraint of marriage void, but so also are con- ditions which are calculated to lead to a prohibition of marriage — e.g., not to marry a man of a particular profession or calling. But conditions in reasonable limited restraint of marriage are good — e.g., not to marry a particular person, or not to marry before 21 or some other reasonable age (1 Lead. Cas. Eq. 554, 555). If land is devised, or money given to be raised out of land, on condition of marrying with a certain person's consent, the gift will not take effect unless the condition is complied with, even though there is no gift over ; and the position appears to be the same with regard to a gift of purely personal estate (1 Lead. Cas. Eq. 556-558). If a legacy is given subject to a condition subsequent in 102 AN EPITOME OF general restraint of marriage, the condition is void, and the legatee retains the interest given to him discharged from the condition, even though there is a limitation over. But if the condition subsequent is in limited restraint of marriage, and there is a gift over, the condition is good. If there is no con- dition over it is deemed to be In terror em and bad. In the case, however, of a devise of land a condition subsequent in limited restraint of marriage is good, even though there is no gift over, and possibly a condition here in general restraint of marriage is also good. The reason for the distinction is that as to devises and legacies charged on land, the rules of the •Common Law are followed, whilst with regard to personal legacies the rules observed are those of Equity, adopted from the Civil Law (1 Lead. Cas. Eq. 558-5G1). A limitation to a person until marriage must be dis- tinguished from a condition, for where property is limited to a person until marriage, and upon marriage then over, this is good (Heath v. Lewis, 3 De G. M. & G. 954). Where a gift is made upon condition of marriage with the consent of a certain person, that person is entitled to exercise a fair and honest discretion in granting or withholding such consent, and is not obliged to shew the reason for his refusal to consent. But where the refusal proceeds from any vicious, corrupt, or unreasonable cause, the Court will inter- fere, and if the person whose consent is necessary refuses either to consent or dissent, the Court will direct a reference to inquire and state to the Court whether the marriage is a proper one (1 Lead. Cas. Eq. 5GG, 567). Upon principles of public policy similar to those which forbid contracts and conditions in general restraint of marriage, it has been held that where a bequest is made to a married woman upon condition of her living separate from her husband, the condition is void, and the legatee takes the legacy freed from the condition. LEADING CONVEYANCING AND EQUITY CASES. 103 HOWARD v. HARRIS. (2 Lead. Cas. Eq. 11 ) (1 Vem. 100.) Decided : — That no agreement in a mortgage can make it irredeemable, either after the death of the mortgagor or upon failure of issue male of his body. MARSH v. LEE. (2 Lead. Cas. Eq. 107.) (2 Ventris, 337.) Decided : — That if a third mortgagee, having advanced his money without notice of a second mortgage, afterwards buy in a first mortgage or statute, yet he (the third mortgagee) having obtained the first mortgage or statute, and having the law on his side and equal equity, he shall thereby squeeze out and gain priority over the second mortgagee. BRA.CE v. DUCHESS OP MARLBOROUGH. (2 P. Wins. 491.) Decided: — That if a judgment creditor, or creditor by statute or recognizance, buys in the first mortgage, he shall not tack this to his judgment, &c, and thereby gain a preference, for he did not advance his money on the immediate credit of the land ■ but if* a first mortgagee 104 AN EPITOME OF lends a further sum to the mortgagor upon a statute or judgment, he shall retain against a mesne mortgagee till both the mortgage and statute or judgment be paid. Notes on these three Cases. — The firstly above-mentioned case is merely given as illustrative of the rule or maxim, " Once a mortgage always a mortgage," which means that when a transaction is clearly meant to be a mortgage, then a mortgage it must remain, any provision to the contrary notwithstanding. (See also Salt v. Marquis of Northampton (1892), A. C. 1 ; 61 L. J. Ch. 49.) In the third of the above cases the doctrine of tacking was much considered, and a number of rules on the subject were .stated, but the points above set out are the most important to remember in connection with the decision in Marsh v. Lee. It is very important to know accurately when tacking will be allowed, and when not, and the student will be more likely to remember the distinction if he bears in mind that tacking is not allowed when the money was not originally advanced on the immediate credit of the land. The doctrine of tacking forms a good illustration of the maxim, " Where the equities are equal the law shall prevail ; " for the third mortgagee, being without notice of the interven- ing incumbrance, has as good a title in conscience as such incumbrancer, and by getting hold of the first mortgage, &c, he has the law on his side. Tacking was abolished by the Vendor and Purchaser Act ]). Provision is also made by the Divorce Act (20 & 21 Vict. c. 85, sect. 35) enabling the Divorce Court, in any divorce, judicial separation, or nullity of marriage proceedings, to make such provision as it may deem just and proper with respect to the custody, maintenance, and education of the children, the marriage of whose parents is the subject of the proceedings. And by the Summary Jurisdiction (Married Women) Act, 1S95 (5-S & 59 Vict. c. 39, sect. 5), it is provided that on a magistrate making an order under that Act, which is to have the effect of a judicial separation between husband and wife, he may also give to the wife the custody of the children of the marriage up to the age of sixteen years. It is also provided by .36 Vict. c. 12 (sect. 2) that no agreement in a separation deed for the father giving up the custody of his children to the mother shall be invalid, but the same is not to be enforced by the Court if it is of opinion that it will not be for the benefit of the infant or infants to give effect to it. Formerly the rule was that he could not contract away the obligation with regard to his children thrown upon him by the law, unless he had been guilty of such gross misconduct as totally to unfit him to have their custody and control, when in fact the Court, on being applied to, would have deprived him of their custody {Sioift v. Swift, 34 Beav. 266). It has been held that an ante-nuptial agreement made by a father, to have the children of the marriage brought up in a particular religion, cannot be enforced, since a father cannot abdicate his right to have his children brought up in accord- ance with his own religious views {lie Ayar-Ellis, Agar-EUis v. Lascelles, 10 Ch. D. 49 ; 4S L. J. Ch. 1). 150 AN" EPITOME OF STAPILTON v. STAPILTON. (1 Lead. Gas. Eq. 223.) (1 Atk. -J.) Decided : — That an agreement entered into upon a sup- position of a right, or of a doubtful right, though it after- wards appears that the right was on the other side, shall be binding, and the right shall not prevail against the agreement of the parties ; for the right must always be on one side or the other, and therefore the compromise of a doubtful right is a sufficient foundation of an agree- ment. That where agreements are entered into to save the honour of a family, and are reasonable ones, a Court of Equity will, if possible, decree a performance of them. GOBDON v. GORDON. (8 Swanst. 400.) Here there had been an agreement between two brothers for the settlement of the family estates, as the younger disputed the elder's legitimacy. At the time of the agree- ment, however, the younger brother was aware of a private marriage that had taken place, and this was not communi- cated to the other. The legitimacy of the elder brother was afterwards established, and, although some nineteen years had elapsed, — Decided: — That the agreement must be rescinded LEADING CONVEYANCING AND EQUITY CASES. 151 because of the concealment by the younger brother of the fact of the private marriage, and that it mattered not whether the omission to disclose it originated in design, or in an honest opinion of the invalidity of the ceremony, and a want of obligation on his part to make the com- munication. Notes on these two Cases. — The rule as to family compromises is laid down in Snell's Principles of Equity (11th edit. 458) thus : — " In order that a family arrangement may be supported, there must be a full and fair communication of all material circumstances affecting the subject-matter of the agreement which are within the knowledge of the several parties, whether such information be asked for by the other party or not. There must not only be good faith and honest intention, but full disclosure ; and without full disclosure honest intention is not sufficient." StapiUon v. Stapilton is given in Messrs. White and Tudor's book as the leading case on this subject ; but the facts and decision in Gordon v. Gordon are also given above, as it is thought that case constitutes a more forcible illustration of the subject. 1 5 2 AN EPITOME OF PENN v. LORD BALTIMORE. (1 Lead. fas. Eq. 755.) (1 Yes. 444 ) Here the plaintiff and defendant, being in England, had entered into articles for settling the boundaries of two provinces in America — Pennsylvania and Maryland — and the plaintiff sought a specific performance of the articles. The principal objection was that the property was out of the jurisdiction of the Court. Decided: — That the plaintiff was entitled to specific performance of the articles, for though the Court had no original jurisdiction on the direct question of the original right of the boundaries, the property being abroad, yet that did not at all matter, as the suit was founded on the articles, and the Court acted in personam. Notes. — The above case forms a good illustration of the well- known maxim or principle, " Equity acts in ])ersonam ; " a maxim which, indeed, shews the great difference in the juris- diction of Equity to that of Law : thus at law the only remedy on a breach of contract was an action for damages; but in Equity, as the Court acted in personam, the party could always, when proper, be compelled to do the very act. So in this case, although the property was abroad, and therefore the Court really in respect of the property had no jurisdiction, yet, the parties being here, the Court was able to award the appropriate remedy, acting not at all on the property, but directly on the persons. LEADING CONVEYANCING AND EQUITY CASES. 153 PEACHEY v. DUKE OP SOMERSET. (2 Lead. Gas. Eq. 250.) (1 Stra. 447.) Here the plaintiff was tenant of copyhold lands in a manor of which the defendant was lord. He committed acts of forfeiture by making leases contrary to the custom, without licence, and by felling timber, &c, and he now brought this suit, offering to make compensation and praying relief from the forfeitures. Decided: — That the plaintiff was not entitled to relief; and that the true ground of relief against penalties is from the original intent of the case, where the penalty is designed only to secure money, and the Court can give by way of recompense all that was expected or desired. SLOMAN v. WALTER. (2 Lead. ('as. Eq. 257.) (1 Bro. C. 0. 418.) The plaintiff and defendant were partners in the Chapter Coffee House, and it had been agreed that defendant should have the use of a particular room when he wanted it, and the plaintiff gave a bond to secure this. Upon breach of the agreement, defendant brought an action for the penalty of the bond, and the plaintiff brought this suit for an injunction, and for the actual damage sus- tained by defendant to be assessed. If) 4 AN EPITOME OF Decided: — That plaintiff was entitled to an injunction, and that the rule is, that where a penalty is inserted merely to secure the enjoyment of a collateral object, the enjoyment of the object is considered as the principal intent of the deed, and the penalty only as additional, and to secure the damages really incurred. Notes on these two Cases. — The relief given by the Court in the case of penalties and forfeitures furnishes a good illustration of the maxim, " Equity regards the spirit and not the letter." The rule as to when Equity will relieve in such cases is well stated in the latter of the above two decisions, whilst the former shews an instance beyond the relief of Equity — viz., the for- feiture of an estate or interest as distinguished from a penalty. It should be observed also that Sloman v. Walter shews that the jurisdiction of Equity as to relief against penalties, is not so limited as to extend only to those penalties intended to secure payment of a sum of money, as might appear from Peacheyv. Duke of Somerset, but that it also extends to penalties to secure performance of some collateral act. Care must be taken to distinguish between a penalty and a sum which is really liquidated damages ; not that it follows that, because parties stipulate that a sum shall be paid on breach of a contract "as and for liquidated damages," the Court will always so consider the sum, for, notwithstanding it is so called, it may be a penalty in the disguise of liquidated damages (see Kemble v. Farren, 6 Bing. 141). But where the .sum stipulated to be paid is really and in fact liquidated damages, then the Court will not interfere. The question of liquidated damages or a penalty is, however, one very often most difficult to determine, and depends upon the construction of the whole instrument taken together (see Wallis v. Smith, 21 Ch. D. 258 j 52 L. J. Ch. U9). The doctrines of Chancery in giving relief in the case of penalties and forfeitures are not now peculiar to the Chancery LEADING CONVEYANCING AND EQUITY CASES. 155 Division, but the same construction will be put with regard to them in all Divisions of the Court (Judicature Act, 187:5, sect. 25 (7). By reason of the Conveyancing Act, 188 1 (44 & 45 Vict. c. 41, sect. II), a right of re-entry or forfeiture under a lease is not enforceable until service on the lessee of a notice specifying the breach ; and if capable of remedy, requiring the lessee to remedy it ; and in any case requiring the lessee to make com- pensation in damages for the breach, and the lessee fails within a reasonable time to conform with the notice. It is only necessary that the notice should point out the breach and require it to be remedied, it need not also demand compensation (Lock v. Pearce (1893), 2 Ch. 271; 62 L. J. Ch. 582). The Court has also, under the same provision, full power of granting relief against the forfeiture. This provision does not, however, extend to a covenant or condition against assigning, under- letting, or parting with the land, or to a condition for forfeiture on bankruptcy or execution, nor in the case of a mining lease to a covenant or condition for access, or inspection of books, accounts, weighing-machines, Arc. With regard, however, to forfeitures for bankruptcy or execution see the amending provision of the Conveyancing Act, 1892 (55 & 56 Vict. c. l>i r sect. 2), under which, with certain exceptions, the forfeiture cannot be enforced for a year, and not at all if the lessee's interest is sold within the year. Section 14 of the Conveyancing Act, 1881, does not affect the law relating to forfeiture for non-payment of rent, as to which the Court of Chancery at an early date assumed jurisdiction to give relief within six months, and by the Common Law Procedure Act, 1860 (23 & 24 Vict. c. 126, sect. 1), it is provided that in an action of ejectment similar relief may be given. The case of Barrow v. Isaacs ((1891) 1 Q. B. 417; 60 L. J. Q. B. 179) illustrates very strongly the principle laid down in Peachey v. Duke of Somerset. In that case the covenant was not to assign or underlet without licence, which was not, however, to be arbitrarily withheld, and there was a condition of re-entry on breach of such covenant. This, a* 156 AN EPITOME OF has been noticed, is one of the covenants excepted in sect. 14 of the Conveyancing Act, 1881. Through forgetfulness an underletting was made without licence, but no harm was done the lessor, and had the licence been applied for it could not have been withheld. Yet the Court of Appeal held the lessee had forfeited his estate, and that the forfeiture could not be relieved against. Where a person contracts to do or not to do an act, and, should he not conform to his contract, binds himself to pay a certain sum, it is not in his option to break his contract and pay the money. And even where there is no direct contract to do or' not to do an act, but the party binds himself in a certain penalty should he not do it, or should he do it, as the case may be, the rule is still the same, as a contract can be in substance extracted from the whole instrument {London and Yorkshire Bank Limited v. Pritt, 56 L. J. Ch. 087; 36 W. R. 135). LEADING CONVEYANCING AND EQUITY CASES. 157 LANSDOWNE v. LANSDOWNE. (2 Jacob & Walker, 205.) In this case the plaintiff, who was a son of the eldest brother of a deceased intestate, had a dispute with his uncle, a younger brother, respecting the right to inherit the real estate of the deceased. They referred the matter to a schoolmaster, who, acting on the axiom, " Land cannot ascend, but always descends," awarded in favour of the uncle (the younger brother). This bill was filed by the son of the elder brother to be relieved. Decided : — That the plaintiff was entitled to relief, and decreed accordingly, notwithstanding the maxim, Ignomntia legis own excusat. EARL BEAUCHAMP v. WINN. (L. E. Eng. d- It. App. 223.) The late Earl Beauchamp and the defendant had entered into an exchange of property, including a certain warren of conies, both proceeding upon the belief that the Earl had only the right of warren over the lands, and that defendant had the right to the lands themselves. Subsequently the original lease was found, and the Earl considered that it passed to him not merely the right of warren, but the right to the land itself. This suit was 1 5 8 AN EPITOME OF commenced to rescind the agreement for exchange as being entered into in mutual ignorance and mistake. It was held by the judges that the words in the lease did not carry the soil, but only the right of warren ; but had it been otherwise, relief might have been given to the plain- tiff ; and the following points on the subject of mistake were laid down : — 1. Where in the making of an agreement between two parties there has been a mutual mistake as to their rights, occasioning an injury to one of them, the rule of Equity is in favour of interposing to grant relief. 2. Although the parties have subsequently to the agree- ment dealt with the property, or other circumstances have intervened, so that it may be difficult to restore them to their original condition, the Court will not, if a ground for relief is established, decline to grant such relief. 3. The rule, Ignorantia Ugis non excusat, though apply- ing where the alleged ignorance is that of a well-known rule of law, does not so apply where the mistake is of a matter of law ai'ising upon the doubtful construction of a grant. 4. Acquiescence in what has been done will not be a bar to relief where the party alleged to have acquiesced has acted, or abstained from acting, through being igno- rant that he possessed rights which would be available against that which he permitted to be enjoyed. Notes. — A mistake as remediable in Equity may be defined as some unintentional act, or omission, or error, arising from LEADING CONVEYANCING AND EQUITY CASES. 159 ignorance, surprise, imposition, or misplaced confidence (Inder- maur's Man. of Eq., 4th edit. 201). It is usually said that " Ignorant ia facti excused" but " Igno- rantiet legis non excused " ; but these two simple maxims do not at all adequately answer the question, When will Equity give relief in cases of mistake ? This is, indeed, a question rather difficult to answer properly in a short space ; but the law on the subject seems to be as follows : — Mistakes may be divided into (1) Mistakes in matters of fact, and (2) Mistakes in matters of law ; and as to the latter no relief will be given, except when the mistake is one of title arising from ignorance of a principle of law of such constant occurrence as to be supposed to be understood by the community at large. The case of Letns- doione v. Lemsdowue given above is on this exception ; and even here the real reason of relief being given seems to be that the mistake is of such a kind that it gives rise to an almost irre- buttable presumption of undue influence, imposition, mental imbecility, surprise, or confidence abused, so that to some extent it may fairly be said that the exception is more apparent than real, that the mistake of law is not the foundation of the relief, but is the medium of proof to establish some other proper ground of relief. The rule of " Ignoretntia legis non excused " also does not apply where the mistake is of a matter of law arising upon some point of doubtful construction, for the ignorance before a decision of what was the true construc- tion, cannot deprive a person of his right to relief. It is very different to a well-known ride of law (see Eeirl Beemchamp v. Winn, emte, p. 157.). With regard to mistakes of fact, the mistake may be either unilateral or on one side only — in which case if relief is given it is more on the ground of surprise or fraud practised on the other party than strictly on the ground of mistake — or it may be a mutual mistake on the part of both pax-ties. In all cases, however, to entitle a person to relief, the fact on which there was the mistake must have been one material to the matter. Acquiescence in a mistake will deprive a person of any right to be relieved against it. In Earl fieeiuchamp v. Winn the 160 LEADING CONVEYANCING AND EQUITY CASES. alleged mistake had existed for more than sixty years, and it was argued in that case that the appellant was barred by his acquiescence, which might be implied from length of time, but it was decided that the ignorance of the appellant prevented any acquiescence on his part. The remedy given by the Court in cases of mistake is some- times rescission of the contract, and sometimes rectification of its terms. The general rule is that when a mistake is mutual the Court will rectify the instrument by substituting the terms really agreed on ; but when the mistake is unilateral then the remedy is rescission, though the Court may if it thinks fit to do so, in lieu of rescission, give the defendant the option of having the contract rectified, so as to make it in fact what the plaintiff intended it should have been (Indermaur's Man. of Eq. 4th edit. 203). GENERAL INDEX. A. Accident, Belief given in the case of defective execution of powers, 17, 19 But not usually in the case of non-execution, 19 Accumulation: See Executory Interest; Berpetuities. Beriod allowed for, previously to the Thellusson Act, 22, 23 Beriod allowed by that statute, 22, 23 Construction of that statute, 22-25 Exceptions contained in it, 24 Brovision as to, by Act 1892 : 24, 25. Acquiescence. By cestui que trust in breach of trust discharges a trustee, 78, 81 In a mistake, 158 Ademption of Legacy, What it is, 44, 45 Distinguished from a lapse, 44, 45 Doctrine of, or Satisfaction : See Satisfaction or Ademption. Administration, Of assets, 118, 119 As to order of paying debts of a deceased, 120 Advancement, Bresumption of, as against resulting trust, 71 In whose favour it arises, 71 Agent, Notice to, 114 Ancient Windows, 11, 12 Annuity, Various peculiarities of a personal annuity, 41, 42 Anticipation, Restraint on: See Separate Estate. 162 INDEX. Appointment, Under a power operates only over the use, 1G Assets, The order in which they are applied in payment of debts, 118, 119 When the general personal estate is not the primary fund, 119 B. Bankruptcy, Administration of estate of deceased insolvent in, 120 Bargain and Sale, Operates only over the use, 16 Bona-pide Purchaser, Equity allows great strength to the defence of, 116 Breach of Trust, Acquiescence in, discharges trustee, 78. 81 c. Capital Money, Investment of, under Settled Land Act, 1882 : 69 Cestui que Trust : See Trustee. By acquiescing in breach of trust, discharges trustee, 78, 81 Charge of Debts, Purchaser of personalty exonerated, though a, 74 But not formerly where trust or charge on real estate, unless general, 74 Statutes hereon, 74, 75 Charities: See Mortmain. Defective execution of powers remedied in favour of, 19 Not subject to perpetuity rule, 27 Children : See Infants. Bequest to, as a class, 38 Kules for construction of testamentary gifts to, 38, 39 Class : See Children. No lapse in case of gift to, 43, 44 Commons, Generally as to, 8, 9 Things to be appendant by prescription must agree in nature and quality, 8 INDEX. 163 Commons — (continued). But a thing incorporeal may be appendant to a thing corporeal or e converse/, 8 Common appendant is of common right, 8 Difference between common appendant and appurtenant, 8 Unity of possession extinguishes common appendant, 8 Definition of a right of common, 9 Of five kinds, 9 Common of pasture of four kinds, 9 Acquired by grant or prescription, 9 Difference between prescription and custom, 9 Profit A prendre cannot be claimed by custom except in the case of copyholds, 9 Time of enjoyment, 9 Prescription Act, 9, 10 Effect of Prescription Act, 10 How rights of, extinguished, 10 Compensation : See Election. Compromises : See Family Arrangements. Agreements entered into upon the supposition of a right, good although it afterwards turn out that right on other side. 150 Compulsory Registration of title, 115 Conditions In restraint of marriage, 101, 102 Consideration, Conveyance or trust, though without, cannot be revoked, 63 Exception, 63 Onus of proof always lies on person taking under a voluntary instrument if it is sought to be set aside, 63 Consolidation op Mortgages, Distinction of, from tacking, 104, 105 Cases as to, and limitations of original doctrine, 106-109 Provision of Conveyancing Act, 1881, as to, 109 Constructive Fraud : See Fraud. Constructive Notice : See Notice. Constructive Trusts : See Trusts. Contingent Legacy : See Legacies. Contingent Remainder, Limitation failing as, may now be good as executoz-y interest, 25, 20 164 INDEX. Contingent Remainder— {continued). But the rule as to, is distinct from that as to executory interests,. 26, 27 A limitation by way of, must never infringe the rule as to executory interests, 27 Contract : See Specific Performance. Conversion, Doctrine of, 125, 126 When the objects of conversion fail, the property results in its original quality, 125, 126 Proceeds upon the maxim, " Equity looks on that as done which ought to be done," 126 Definition of, 126 Direction for, must be imperative, 126 Date from which conversion takes place, 126 May depend on a future option, 126 Effect of agreement to sell property previously devised, 126 The cases of Fletcher v. Ashhurner and Ackroyd v. Smitltson dis- tinguished and explained, 127 Reconversion, 127, 128 Of terminable and reversionary property, 129, 130 Copyhold Trust, or Mortgaged Property, Does not now pass to personal representative on death, 47, 48 Corporation, Requires a licence or statutory power to hold land, 28 Covenant, To stand seised, operates only over the use, 16 Cross Remainders, Can be implied in a will, but not in a deed, 36 Instance thereof, 36, 37 Definition of, 37 Custody of Children, General law and provisions with regard to, 146-149 Cy pres, Doctrine of, in excessive execution of powers, 19 Debts, Purchaser, when bound to see to payment of, 74, 75. See Purchaser. INDEX. 165 Debts — {continued). As to order of paying on death, 120 Satisfaction of, by legacies, 133-135. See Satisfaction. Delegatus non potest delegare, applied to position of trustees, 80 "Die without Issue," Effect of expression now under Conveyancing Act, 1882 : 23 Discovery, May be obtained in an action of ejectment though defendant pleads that he is a bond-fide purchaser for value, 116, 117 Distributions, Statute of, Effect of, 122 Election occurs notwithstanding person takes under, 122, 123 Donatio Mortis Causa, Property the subject of, liable for debts, 119 E. Easements, Generally as to, 11, 12 Right of way extinguished by unity of possession, unless a way of necessity, 11 As to ancient windows, 11 Definition of, 1 1 May arise by grant, or prescription, or Act of Parliament, 11 May be affirmative or negative, 11 Or continuous or discontinuous, 11 Time of enjoyment, 12 What will constitute an interruption, 12 How they may be extinguished, 12 As to abandonment of, 12 Right to prospect, 12 Election, Originates in inconsistent or alternative gifts, 122 Person must elect notwithstanding he takes under Statute of Distributions, 122 Principle of compensation, and not forfeiture, governs the doctrine, 123 Need not necessarily be made in express words, 123 But acts to be binding as, must be done with a knowledge of one's rights, 123 Position as to persons under disability with regard to, 123, 124 Equality is Equity, 53 Equitable Estoppel, 82, 83 166 INDEX. Equitable Mortgage, May be created by deposit of title-deeds notwithstanding Statute of Frauds, 110 Principle upon which allowed, llo Remedy in respect of, 110, 111 Equitable Waste, 3-7 Provision in Judicature Act, 1873, as to, 6 Principle upon which Equity relieved in the case of, 6, 7 Equity acts in Personam, 152 Equity follows the Law, 58 Equity imputes an Intention to fulfil an Obligation, 138 Equity looks on that as done which ought to be done, 126 Equity regards the spirit and not the letter, 154 Equity to a Settlement, The right of a married woman to, 88-90 If decree made for, and wife dies, it will be carried out for the children, 88 But children have no independent equity of their own, 88, 89 What it is. 88, 89 No settlement decreed if previous settlement adequate 8 Settlement of property on wife after marriage in consideration of when good, 89 Forms an instance of maxim, " He who seeks equity must do equity," 89 Origin of, 89 How it may be waived, 89 Or lost, 89 Out of what property the right exists, 90 Effect of Married Women's Property Act, 1882, on 90 Estates, There can be none in personal property, 40 Estate Tail, Words that would confer such an estate in real property give an absolute interest in personalty, 40 Estoppel, 82, 83 Excessive Execution of Powers, as to, 17-19 Exclusive Appointments, 20, 21 Executed Trust : A'ee Trusts. Definition of, 58 INDEX. 167 Executors, No remuneration allowed to, 67 Exceptions, 68 Conversion of terminable and reversionary property by, 129, 130 Distinction between receipts of, and trustees, 78, 80 Executory Interests : See Perpetuities ; Accumulation. Must take effect within a life or lives in being, and twenty-one years, with a further period for gestation, if it exists, 22 Provision of the Thellusson Act, 23, 24 Effect of void direction to accumulate, 24, 25 Provision of 40 & 41 Vict. c. 33 : 25, 26 Effect of this statute practically illustrated, 26 Eule as to, distinct from rule as to contingent remainders, 26, 27 Executory Trust : See Trusts. Definition of, 58 Expectant Heirs, Bargains with, set aside on the ground of constructive fraud, 98- 101 Provisions of, 31 Vict. c. 4 : 99 Recent extension of doctrine with regard to, 100 Extinguishment. Of rights of commons, 10 Of easement, 12 F. Family Arrangements, Will be carried out by the Court, if reasonable, 150, 151 To be good, there must be a full disclosure on all sides, 150, 151 Father and Child : See Infants. Foreclosure, Is the proper remedy of equitable mortgagee, 110 May be obtained by originating summons in Chambers, 111 Forfeitures : See Penalties. Provisions of Conveyancing Act, 1881, as to, under leases, 155 Strict consequences in cases excepted from this provision, 155, 156 Fraud, Constructive, by reason of position of trustee, 67, 68 Constructive, by reason of confidential relationship, 96 Rule as to such cases, 96, 97 Principle on which rule exists, 96, 97 168 INDEX. Fraud — (continued). The rule is not applicable in the case of wills. 97 On the husband's marital right, 86, 87 Exception to the rule laid down in Countess of Strathmore v. Howes, 86, 87 Effect of Married Women's Property Act, 1882, with regard to, 87 Constructive in the case of bargains with expectants, 98-100 Same relief formerly given to reversioners and remaindermen, 99 Position now under 31 Vict. c. 4 : 99, 100 G. General Bequest, Made to one for life, and then over, of personal property, conver- sion ordered, 129, 130 General Legacies, Abate for payment of debts before specific legacies, 118 General Personal Estate, Usually the primary fund for payment of debts, 118 When not so, 119 Guardianship, Nature of guardianship under 12 Car. 2, c. 24 : 146, 147 If given to several, belongs to survivor, 146 Different kinds of, 146, 147 A stranger can practically, to a certain extent, appoint a guardian, 147 Mother has now power to appoint guardian, 147 Provisions with regard to custody of children, 148, 149 Effect of agreement by father as to, 149 H. He who seeks Equity must do Equity, 89 Heir, Can only be disinherited by necessary implication, 36 Real estate converted for purposes which fail, results to, 125, 126 I. IGNORANTIA PACTI EXCUSAT, 159: See MISTAKE. Ignorantia legis non excusat, 157-159 : See Mistake. INDEX. 169 Illusory ArroiNTMENTS, 20 Illusory Trust, 63 Implication, Estates by, how they arise, 36 Devise to heir-at-law after death of another person, gives latter a life estate by implication, 36 Secus where devisee is not the heir, 36 Eeason of this, 36 Estates by implication can only arise in conveyances to uses, or by will, 36 Of cross-remainders, 37 Implied Trusts : See Trusts. Infants, Course where an infant has to elect, 123 Different kinds of guardianship, 146 Guardian may be appointed to, under 12 Car. 2, c. 24 : 146, 147 Nature of such guardianship, 147 Guardian may now also be appointed by mother, 147 Provisions of 2 & 3 Vict. c. 54, 20 & 21 Vict. c. 85, 36 Vict. c. 12, and 58 & 59 Vict. c. 39 : 148, 149 As to contract by father to resign custody of, 149 As to contract by father as to religion in which to be brought up, 149 Investments by Trustees, 69 J. Joint Owners, One cannot ordinarily restrain another from committing ordinary waste, 7 Joint Tenancy, Is created by a gift to two or more simply, 52 None, where purchase for a joint undertaking, 52 Equity does not favour, 53 Maxims with regard to, 53 None where purchase-money advanced in unequal shares, 53 None in mortgages, 53 Provisions of Conveyancing Act, 1881, hereon, 53, 54 None on a purchase by joint mortgagees of equity of redemp- tion, 54 But if property devised to partners jointly, they will be joint tenants 51 170 INDEX. Joint Tenancy — (continued). When survivor trustee for representatives of deceased joint owner, 54 Position as to partnership property, 54, 55 JUS ACCRESCENDI Inter mercatores pro beneficio commercii locum non habet, 53 Pra'fertur ultimce voluntatis, 53 L. Land Transfer Act, 1897 : 75, 115, 119 Lapse, Arises by death of devisee or legatee during testator's lifetime, 43 How it may be prevented, 43 Exceptions introduced by statute, 43, 44 Effect of 33rd section of the Wills Act, 44 No lapse where gift to two or more as joint tenants or to several as a class, 44 What becomes of property comprised in a lapsed devise or be- quest, 44 Distinction between, and ademption, 44, 45 Leaseholds. Generally as to distinctions between estates for years and at will, 1, 2, Provisions of Agricultural Holdings Act, 1883 : 2, 3 Notice necessary before proceeding to take advantage of clause of re-entry in, 155 Legacies : See Satisfaction. When vested, and when contingent, 49, 50 If bequeathed " at," " if," or " when," usually contingent, 49, 50 Not contingent because given for a particular object, 50 Position when charged on land and legatee dies before date of payment, 51 If two of same amount given by same instrument, usually con- sidered a repetition, 131 But parol evidence admissible to show the contrary, 131 But if by different instruments, usually considered an augmenta- tion, 131 And here parol evidence not admissible to show the contrary, 131, 132 INDEX. 171 Legal Estate, Importance of having, 103, 104 Where the equities are equal the law shall prevail, 104 Lien, Vendor's, for unpaid purchase-money, 76 Vendor may lose his, by taking another security, but proof is on the purchaser, 76 Vendor has lien, although the deed expresses that purchase-money is paid, 76 Vendor's, is now primarily payable out of the land, 77 Vendor's, may be classified as either an implied or a constructive trust, 77 Lunatics, As to election by, 124 M. Marital Rights, Fraud on the husband's arises by secret conveyance by intended wife, 86 Except in case of seduction, 86 Former supposed exception in the case of settlement on children by former marriage, 87 Effect of Married Women's Property Act, 1882, on this subject, 87 Marriage, Conditions in restraint of, 101, 102 Marriage Articles. Distinction between executory trusts in, and in wills, 59 If before marriage, and settlement afterwards, articles govern, 59 Seem if both after marriage, unless settlement expressed to be in pursuance thereof, 59 Married Woman: See Equity to a Settlement; Separate Estate. Course where a married woman has to elect, 123. 124 For what debts her separate estate will be liable, 91, 92 Effect of separate estate clause and clause against anticipation, 92-95 As to judgment and execution against, 94, 95 What separate estate of, liable for her debts, 9J, 95 Maxims of Equity, Equality is equity, 53 Equity follows the law, 58 172 INDEX. Maxims op Equity — {continued). He who seeks equity must do equity, 89 Where the equities are equal the law shall prevail, 104 Equity acts in personam, 152 Equity imputes an intention to fulfil an obligation, 138 Equity looks on that as done which ought to be done, 126 Equity regards the spirit and not the letter, 154 Mistake, Generally as to, 157, 158 When acquiescence in, wili bar claim to relief, 158 Definition of, 158, 159 Ignoranti a facti excusat, 159 Ignorantia legis non excusat, 159, 160 But mistake arising upon the doubtful construction of a grant will be relieved against, 159 Division of, 159 No relief usually in cases of mistakes of law, 159 Exception, 159 Of fact, as a general rule relieved against in Equity, 159 Of fact of two kinds, 159 May be unilateral or mutual, 159 As to acquiescence in, 159 The remedy in cases of, 160 Monthly Tenancy, Proper notice to determine, 2 Mortgage, Estate formerly passed under a general devise, unless a contrary intention, 46 But now under Conveyancing Act, 1881, it goes to personal repre- sentatives, 47 But otherwise now as regards copyhold land, 47 Equitable, by deposit of title-deeds, notwithstanding Statute of Frauds, 110 Principle upon which equitable mortgage allowed, 110 Kemedy of equitable mortgagee, 110, 111 Mortmain, Legacy towards discharge of mortgage, bad, 28 Early provisions as to, 28 Provision of Act of 1888 as to, 29 Further provisions of the Working Classes' Dwellings Act, 1890 : 30 Decisions on what constitutes an interest in land, 30, 31 Distinction between, and superstitious uses, 31 As to what are charitable trusts, 31 INDEX. 173 Movable Effects, Owner of, for life, can be compelled to furnish inventory, 40, 41 Museum, How land may be given for benefit of, 30 N. Notice, To be given to determine yearly tenancy, 2 Person formerly charged with notice of vendor's lien, because receipt not indorsed on deed, but not so now, 76, 77 Former settlement of land in Middlesex preferred, though not registered, because of notice, 112 But otherwise now as regards land in Yorkshire, 115 Effect of not having deeds produced, 112, 113 Designedly abstaining from inquiry may amount to, 113 Registration not of itself, 113 Either actual or constructive, 113, 114 What is constructive, 114 To solicitor, 114 Provision of Conveyancing Act, 1881, as to, 114 To agent or trustees, 114 Purchaser for valuable consideration without, 116 0. Option : See Election. P. Paraphernalia, Liable for debts on deficiency of assets, 119 Parks, How land may be given for, 30 1'arol Evidence : See Specific Performance ; Legacies ; Satis- faction. Parol Variation : See Specific Performance. Partners, Mode of conveyance when property purchased by, 54 Penalties, When Equity will and will not relieve against, 153-156 Maxim of ''Equity regards the spirit and not the letter," 154 174 INDEX. Penalties — (continued). Distinction between penalty and liquidated damages, 154 The doctrines as to relief in case of, not now peculiar to Chancery Division only, 154, 155 Provision of Conveyancing Act, 1881, with regard to forfeitures under leases, 155 Performance, Generally as to, 137-139 Distinction between, and satisfaction, 138 Equity imputes an intention to fulfil an obligation, 138 Covenant to purchase land, and land is purchased, 138, 139 Covenant to leave by will, and share under Statute of Distri- butions, 139 Perishable Property, When a conversion will be ordered, 129, 130 Perpetuities, Rule against, 22 Further restriction as to, accumulations, 23, 24 Generally as to, 24, 25 Rule as to, is distinct from contingent remainder rule, 26, 27 A limitation by way of contingent remainder must not infringe rule as to, 27 Rule of, does not apply to charities, 27 Personal Annuity, Various peculiarities of, 41, 42 Personal Estate, Effect of giving it to one and the " heirs of his body," 40 Or for life, 40 General personal estate is the primary fund to pay debts, 118 Except in certain cases, 119 Distinction between bequest of specific personalty to one for life and then over, and of whole estate in that way, 129, 130 Portion-. See "Satisfaction or Ademption." Not to be raised if the party dies, though in similar cases a legacy might be, 49, 50 Powers, Excessive execution of, 17, 19 If execution excessive, part may be good, and excess only bad, 17, 19 Equity will assist in case of defective execution, 17, 19 But not in the case of non-execution except in two cases, 17, 19 Special power must be executed bona fide, 17-19 INDEX. 175 Powers — (continued) . Doctrine of cypres with regard to excessive execution of powers, 19 Of three kinds, 19, 20 Also general and special, 20 As to perpetuities in case of, 20 Illusory appointments under, 20 Provisions of Conveyancing Acts, 1881 and 1882, as to disclaiming or releasing 20, 21 Liability of person purchasing under power of sale to see to appli. cation of purchase-money, 74, 75 Precatory Trusts When created, 56 Recommendation must be imperative, 56 The subject and object of recommendation must be certain, 56 Are properly styled express trusts, 56, 57 Tendency of modern decisions, 57 Prescription, Former law, and present position as to, 9, 10, 12 Prospect, Right to, cannot be acquired by prescription, 12 Public Parks, How land may be given for benefit of, 30 Purchase, By one person in the name of another, generally as to, 71-73 As to admitting parol evidence hereon, 72, 73 Such a purchase forms good instance of an implied trust, 73 Purchaser, His liability to see to application of purchase-money before statutes 74 Trustees' powers of giving receipt to, under 22 & 23 Vict. c. 35 and 56 & 57 Vict. c. 53 : 74 This latter Act retrospective, 74 As to discovery against purchaser without notice, 116 E. Receipts by Trustees, 68, 69 : See Trustee ; Executors. Reconversion, Definition and instance of, 127, 128 176 INDEX. Registration in Middlesex or Yorkshire, Generally as to, llz-115 Is not of itself notice, 113 A further charge is a conveyance requiring registration, 113 Where a general search is made it is a presumption of notice received, 114 Time for registering wills, 114 Not necessary to require will to be registered when devisee also heir-at-law, 114 Provision of- Vendor and Purchaser Act, 1874, thereon, 115 Great importance of registering in Yorkshire, 115 Registration op Title under Land Transfer Act, 1897 : 115 Religion, Father cannot relinquish his right to have his children brought up in his own, 149 Remaindermen, Formerly entitled to same relief as expectant heirs, 99 Statute of 31 Vict. c. 4, as to, 99, 100 Renewal of Lease, Trustee renewing in his own name, a constructive trustee of renewed lease, 67 Rent, Court will relieve against breach of covenant for payment of, 155 Residuary Bequest, To one for life and then over, conversion ordered, 129, 130 Residuary Devise, Remains in effect specific notwithstanding the Wills Act, 119 Resignation Bonds, 13, 14 Resulting Trusts : See Trusts. Reversionary Property, Conversion of, by trustees, 129, 130 Former rule as to sale of, and statutory provision, 99, 100 Reversioners, Formerly entitled to same relief as expectant heirs, 99, 100 Statute as to, 99, 100 Right of Common : See Commons. Right of Way : See Easements. INDEX. 177 Rule in Shelley's Case, Terms of, 32 Applies to equitable estates, 32 But not when one limitation legal and other equitable, 32 Has no application to personal property, but a rule exists similar to it, 33 Mode of settling personal estate to avoid this, 33 Rule in Wild's Case, Terms of, 34 Reason, 34, 35 s. Satisfaction oe Ademption, Of legacy to child occurs if money afterwards advanced, 133 But not in the case of a stranger, 133 Of debts by legacies, 133, 134 Definition of, 134 Equity leans against double portions, 134 But does not favour presumption of satisfaction of debts by legacies, 134, 135 Principle upon which the doctrine of satisfaction or ademption exists, 135 When the doctrine is styled "Satisfaction" and when "Ademp- tion," 135, 136 As to the admissibility of extrinsic evidence, 136 Distinction between, and performance, 138 SCHOOLHOUSE, How land may given for the benefit of, 30 Separate Estate, For what debts liable, 91-95 Effect of separate use clause and of clause against anticipation, 91-95 No personal decree can be made against a married woman, 92 Married woman cannot be made a bankrupt, even though she may have separate estate, unless she is carrying on a trade apart from her husband, 92, 93 Power of Court to remove anticipation clause, 94 Settlement, Of personal property, 33 Shelley's Case, The rule in, 32 The rule in, applies to equitable as well as legal estates, 32 M 178 INDEX. Shelley's Case — (continued). But it does not apply where one limitation legal and the other equitable, 32 Meaning of the rule in, 32, 33 Has no application to personalty, but there is a rule somewhat analogous, 33 Simony, Definition, 13 Sale of next presentation, incumbent being in extremis, not bad, 13 But bad if living actually vacant, 13 A person may purchase an advowson to present himself, but not next presentation, 13 Resignation bonds, 13, 14 Solicitor, Appointed executor with power to charge, must not attest will, 68 Specific Delivery op Chattels, When decreed, 144, 145 Will be decreed, though of no peculiar value, if fiduciary relation subsist, 144, 145 Powers given to Common Law Courts, and how different from the powers in Equity, 145 Position as to, under Judicature Act, 1873 : 145 Specific Legacy, Liable to ademption, 44 If subject of, pledged, legatee entitled to have it redeemed, 44,45 Specific Performance, Generally as to, 140-143 Court will not decree specific performance of a contract for the sale of stock, 140 Maybe decreed notwithstanding terms not strictly observed, 106, 140 Of parol contract decreed after acts of part performance, 141 The Court will decree specific performance of a contract for the sale of railway shares, 142 Also in other cases when damages will not compensate, 142 Nature of the acts of part performance, 142 When the decree will be with compensation, 142 When plaintiff may obtain decree with parol variations, 141, 143 Defendant may go into parol evidence, in resisting, 143 But plaintiff cannot usually do so, 143 Fraud or mistake may be shown as a defence to, 143 Of contract relating to land abroad may be enforced here, for Equity acts in person am. 152 INDEX. 1*79 Statutes : 7 Ed. 1, St. 2 (De Religiosis), 28 15 Rich. 2, c. 5 (Mortmain), 28 27 Hen. 8, c. 10 (Statute of Uses), 15 ■43 Eliz. c. 4 (Charities), 31 12 Car. 2, c. 24 (Guardianship), 147 29 Car. 2, c. 3 (Statute of Frauds), 111) 2 & 3 Anne, c. 4 (Registration), 114 6 Anne, c. 35 (Registration), 114 7 Anne, c. 20 (Registration), 114 4 Geo. 2, c. 28 (Landlord and Tenant), 3 8 Geo. 2, c. 6 (Registration), 114 9 Geo. 2, c. 36 (Mortmain), 28 11 Geo. 2, c. 19 (Landlord and Tenant), 3- 39 & 40 Geo. 3, c. 98 (Thellusson Act), 23, 24 9 Geo. 4, c. 94 (Resignation Bonds), 13 1 Wm. 4, c. 46 (Illusory Appointments), 20 2 & 3 Wm. 4, c. 71 (Prescription Act), 10, 12 1 Vict. c. 26 (Wills Act), 23, 43, 147 2 & 3 Vict. c. 54 (Infants), 148 17 & 18 Vict. c. 113 (Locke King's Act), 119 17 & 18 Vict. c. 125 (Common Law Procedure Act, 1854), 145 19 & 20 Vict. c. 97 (Mercantile Law Amendment Act, 1856), 85, 145 20 & 21 Vict. c. 57 (Married Women), 89 20 & 21 Vict. c. 85 (Divorce Act), 149 22 & 23 Vict. c. 35 (Lord St. Leonards' Act), 74 23 & 24 Vict. c. 126 (Common Law Procedure Act, 1860), 155 25 & 26 Vict. c. 89 (Companies), 28 30 & 31 Vict. c. 69 (Locke King's Amendment Act), 77, 119 31 Vict. c. 4 (Reversioners, &c), 99 36 Vict. c. 12 (Infants), 148. 149 36 & 37 Vict. c. 66 (Judicature Act, 1873), 6, 41, 85, 145, 155 37 & 38 Vict. c. 37 (Powers' Act 1874), 20 37 & 38 Vict. c. 78 (Vendor and Purchaser Act, 1874), 104, 115 38 & 39 Vict. c. 77 (Judicature Act, 1875), 121 38 & 39 Vict. c. 87 (Land Transfer Act, 1875), 104 40 & 41 Vict. c. 33 (Contingent Remainders' Act, 1877), 25 40 & 41 Vict. c. 34 (Locke King's Acts Amendment Act), 76, 119 44 & 45 Vict. c. 41 (Conveyancing Act, 1881), 20, 47, 53, 77, 94, 109, 111, 124, 155, 156 45 & 46 Vict. c. 38 (Settled Land Act, 1882), 7, 69, 94 45 & 46 Vict. c. 39 (Conveyancing Act, 1882), 20, 23, 114 45 & 46 Vict. c. 75 (Married Women's Property Act, 1882), 87, 90, 92, 124 46 & 47 Vict. c. 52 (Bankruptcy Act, 1883), 120 180 INDEX. Statutes — (continued). 46 & 47 Vict. c. 61 (Agricultural Holdings Act, 1883), 2 47 & 48 Vict. c. 54 (Yorkshire Registries Act, 1884), 115 48 & 49 Vict. c. 26 (Yorkshire Registries Act, 1885), 115 49 & 50 Vict. c. 27 (Guardianship of Infants Act, 1886), 147, 149 50 & 51 Vict. c. 73 (Copyhold Act, 1887), 47 51 & 52 Vict. c. 42 (Mortmain Act, 1888), 28, 29, 30 53 & 54 Vict. c. 16 (Working Classes' Dwellings Act, 1890), 28, 30 53 & 54 Vict. c. 39 (Partnership Act, 1890), 55 53 &54 Vict. c. 71 (Bankruptcy Act, 1890), 120 54 & 55 Vict. c. 73 (Mortmain Act, 1891), 30 55 &56 a Vict. c. 13 (Conveyancing Act, 1892), 155 55 & 56 Vict. c. 58 (Accumulation Act, 1892), 24 56 & 57 Vict. c. 53 (Trustee Act, 1893), 69, 74, 75, 79, 81 56 & 57 Vict. c. 63 (Married Women's Property Act, 1893), 94 56 & 57 Vict. c. 71 (Sale of Goods Act, 1893), 145 57 & 58 Vict. c. 46 (Copyhold Act, 1894), 47 58 & 59 Vict. c. 39 (Married Women's Property Act, 1895), 149 59 & 60 Vict. c. 35 (Judicial Trustee Act, 1896), 68 60 & 61 Vict. c. 65 (Land Transfer Act, 1897), 75, 115, 119 Superstitious Use, Distinguished from Mortmain, 31 Suretyship, Contribution in Equity founded on general justice and not on implied contract, 84 Surety entitled to enforce contribution, although ignorant that there were no co-sureties, 84 At Law contribution was founded on contract, 84 Different effects of insolvency at Law and in Equity, 84 Provision of Judicature Act, 1873 : 84, 85 Contribution against representatives of a deceased surety, 85 Right of sureties who pay principal's debt, 85 Discharge of surety, 85 Provision in the Rules of Court of 1883 as to course to be taken by one or more sureties when sued without other or others, 85 Survivorship, None in joint undertakings, 52, 53 None in purchases when money advanced in unequal shares, 53 None in mortgages, 53 Maxims on the subject, 53 Provision of Conveyancing Act, 1881 : 53 Does exist if property devised to partner, 54 INDEX. 181 T. Tacking, Doctrine of, 103, 104 Third mortgagee who advanced without notice of second may buy in first mortgage and tack, 103, 104 Judgment creditor cannot tack, for he did not lend his money on security of the land, 103, 104 First mortgagee lending further sum on a judgment may tack against mesne incumbrancer, 103, 104 Exemplifies maxim that where the equities are equal the law shall prevail, 104 Abolished by the Vendor and Purchaser Act, 1874, but revived by Land Transfer Act, 1875: 104 Distinction between, and consolidation of mortgages, 104, 105 Mortgagee selling after mortgagor's death not allowed to retain surplus towards another debt, 105 Tenancy at Will, May arise by simply letting premises and reserving a compensation accruing de die in diem, 1 Rule for determining when tenancy at will and when for years, 1 Tenancy from Year to Year, On a general letting, is implied on payment of a yearly rent, 1 Or on a general letting at a yearly rent, though payable half-yearly or quarterly, 1 The Courts lean to a tenancy from year to year in preference to a tenancy at will, 1 Proper notice to determine, 2 Tenancy in Common : See Joint Tenancy. Equity leans towards, in preference to joint tenancy, 52-54 Thellusson Act, The, 23, 24 Trust Estate, Would formerly pass under a general devise unless a contrary intention, 46 What would be a contrary intention, 46 Constructive trust would pass under general devise, or under a devise of trust estates, 46 Alteration of the law hereon by Conveyancing Act, 1881 : 47 Provision of Copyhold Act, 1894 : 47 Trusts : See Trustee ; Voluntary Conveyances or Trusts. How the modern doctrine of uses and trusts arose, 15, 16 Precatory, 56, 57 182 INDEX. Trusts — (continued). Trust property formerly passed under a general devise, 46 But now goes to the personal representative under Conveyancing Act, 1881 : 47 But otherwise now as regards copyhold trust property, 47, 48 Executed and executory, 58, 59 Illustration of maxim that Equity follows the Law, 58, 59 Distinction between trusts executory in marriage articles and in wills, 59 Illustration thereof, 59 Rule as to voluntary trusts, 61-63 Though voluntary, cannot be revoked unless for creditors, 63 If purchase made and conveyance taken in a stranger's name, resulting trust arises, 71 Unless certain relations exist, 71 Purchase by a husband in name of himself and wife, 72 Parol evidence admissible to contradict resulting trust, and generally as to admission of parol evidence, 72, 73 An express trust of land must always be in writing, 73 Constructive, in case of vendor's lien, 76, 77 Trustee : See Trusts. Cannot generally purchase from cestui que trust, 65 But may when cestui que trust is sui juris and has discharged him, 65 Practically he can only safely purchase under order of Court, 66 Cannot renew lease for his own benefit, 67 Must not make any advantage out of trust, 67 No remuneration allowed to, 67, 68 Exceptions to rule, 68 When he, being a solicitor, may act and make his charges, 68, 69 What investments he can make by statute, 69 Position of, as regards advancing money on mortgage, 69 Liability if he neglects to invest, 70 Can now give valid receipts for all moneys payable to him under his trust, 74 If vendor, need not now attend appointment to complete, 77 Not liable for a co-trustee's receipts apart from him, 78, 80 But must not let money remain in his hands, 78, 80 His liability as regards act of agents, 79-81 Distinction between receipts of trustees and executors, 80 Not generally able to delegate his powers, 80, 81 Acquiescence in breach of trust discharges, 81 INDEX. 183 U. USES: See TRUSTS. Statutes of, 15 Use upon a use, 15 How the modern doctrine of uses and trusts arose, 15 Objects in originally conveying land to uses, 15 Objects of Statute of Uses, 15 Effect of that statute, 15, 16 Effect of grant, " Unto and to the use of A," 16 Conveyances which operate only over the use, 16 Vendor's Lien : See Lien. Vested Legacy : See Legacies. Voluntary Conveyances or Trusts, Generally as to, 61-64 Distinction between a creation of a trust and an informal attempt to dispose of property, 61, 62 Cannot be revoked, 63 Except when for creditors, 63 When sought to be set aside, onus of proof lies on person taking benefit, 63, 64 w. Waste, Tenant in tail not punishable for, 4 The rights of tenants for life as to, 4, 5 Definition of, 5 Is either voluntary or permissive, 5 Or legal or equitable, 5 Statement of the liability of different owners for, 5, 6 Ameliorative waste, 6 Principle upon which Equity always relieved in the case of equit- able waste, 6, 7 Provisions of the Judicature Act, 1873, as to equitable waste, 6, 7 Provisions of Settled Land Act, 1882, as to, 7 By one of several joint-owners, 7 Wasting Property, When a conversion will be ordered, 129, 130 Weekly Tenancy, Proper notice to determine, 3 184 INDEX. Where the Equities are equal the Law shall prevail, 104 Wild's case, The Rule in, and generally as to, 34 Working Classes' Dwellings Act, 1890: 30 Y. Year to Year, Distinction between tenancy from year to year and at will, 1, 2 Notice to be given to determine tenancy from year to year, 2 Printed by Ballantyne, Hanson &■ Co. London & Edinburgh Telegraphic Address: " POLYG RAPHY, LONDON. 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CLUB LAW— Wertheimer 3 2 CODES— Argles 3 2 COLLISIONS AT SEA— Kay . . 17 COLONIAL LAW— Cape Colony 3^ Forsyth ■ .... 14 Tarring 41 COMMERCIAL AGENCY— Campbell 9 COMMERCIAL LAW— Hurst and Cecil COMMON LAW— Indermaur COMPANIES LAW— Brice Buckley Reilly's Reports Smith COMPENSATION— Browne Lloyd COMPULSORY PURCHASE— Browne CONSTABLES— .Sm POLICE GUIDE. CONSTITUTIONAL LAW AND HISTORY— Forsyth Taswell-Langmead Thomas CONSULAR JURISDICTION — Tarring CONVEYANCING— Copinger, Title Deeds . . . . Deane, Principles of . . . . COPYRIGHT— Copinger CORPORATIONS— Brice .... • • • • Browne COSTS, Crown Office- Short COVENANTS FOR TITLE— Copinger CREW OF A SHIP— Kay CRIMINAL LAW— Copinger Harris CROWN LAW— Forsyth Hall ■ Kelyng Taswell-Langmead .... Thomas CROWN OFFICE RULES— Short CROWN PRACTICE— Corner Short and Mellor CUSTOM AND USAGE— Browne Mayne DAMAGES— Mayne DICTIONARIES— Brown , • 11 2 4 16 17 29 39 19 13 19 14 21 28 42 45 2 3 45 16 19 41 45 17 4 2 27 14 •30 35 21 28 10 10 19 38 3 l 26 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS-^«^«^. DIGESTS - page Law Magazine Quarterly Digest . 37 DISCOVERY— Peile 7 DIVORCE— Harrison 23 DOMESTIC RELATIONS— Eversley 9 DOMICIL— See PRIVATE INTER- NATIONAL LAW. DUTCH LAW 38 ECCLESIASTICAL LAW— Brice 33 Smith 23 EDUCATION ACTS— See MAGISTERIAL LAW. ELECTION LAW and PETITIONS— Hardcastle 33 O'Malley and Hardcastle ... 33 Seager 47 EQUITY— Blyth 22 Choyce Cases 35 Pemberton 32 Snell 22 Story 43 Williams 7 EVIDENCE— Phipson 20 EXAMINATION OE STUDENTS— Bar Examination Journal ... 39 Indermaur 24 and 25 Intermediate LL.B 21 EXECUTORS— Walker and Elgood 6 EXTRADITION— Clarke 45 See MAGISTERIAL LAW. FACTORIES— See MAGISTERIAL LAW. FISHERIES— See MAGISTERIAL LAW. FIXTURES— Brown 33 FOREIGN LAW— Argles 32 Dutch Law 38 Foote 3 6 Pavitt 3 2 FORESHORE— Moore ^o FORGERY— See MAGISTERIAL LAW. FRAUDULENT CONVEYANCES— May 29 GAIUS INSTITUTES— Harris 20 GAME LAWS— See MAGISTERIAL LAW. GUARDIAN AND WARD— Eversley 9 HACKNEY CARRIAGES— See MAGISTERIAL LAW. HINDU LAW— Coghlan 28 Cunningham 38 and 42 Mayne 38 HISTORY— Taswell-Langmead 21 HUSBAND AND WIFE— Eversley 9 INFANTS— Eversley 9 Simpson 43 INJUNCTIONS— Joyce -44 INSTITUTE OF THE LAW— Brown's Law Dictionary . . , 26 INSURANCE— Porter 6 INTERNATIONAL LAW— Clarke 45 Cobbett 43 Foote 3° INTERROGATORIES— Peile 7 INTOXICATING LIQUORS— See MAGISTERIAL LAW. JOINT STOCK COMPANIES— See COMPANIES. 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Martin 7 I MARRIAGE and LEGITIMACY— Foote 36 MARRIED WOMEN'S PRO- PERTY ACTS— Brown's Edition of Griffith . . 40 MASTER AND SERVANT- Eversley 9 MERCANTILE LAW— Campbell 9 Duncan 33 Hurst and Cecil 11 Slater 7 See SHIPMASTERS. MERCHANDISE MARKS - Daniel 42 MINES — Harris 47 MONEY LENDERS— Bellot and Willis 11 MORTMAIN— See CHARITABLE TRUSTS. NATIONALITY— A< PRIVATE IN- TERNATIONAL LAW NEGLIGENCE— Beven 8 Campbell ... .... 40 NEGOTIABLE INSTRUMENTS— Willis 14 NEWSPAPER LIBEL— Elliott 14 OBLIGATIONS— Brown's Savigny 20 PARENT AND CHILD— Eversley 9 21 28 43 17 PARLIAMENT— Taswell-Langmead . . Thomas PARTITION— Walker PASSENGERS— See MAGISTERIAL LAW. „ RAILWAY LAW. PASSENGERS AT SEA— Kay PATENTS— Daniel 4 2 Frost I 2 PAWNBROKERS— See MAGISTERIAL LAW. 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PAGE PROBATE— Hanson 10 Harrison 23 PUBLIC WORSHIP— Brice H 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 RATING— Browne 19 REAL PROPERTY— Deane 23 Edwards 16 Tarring 26 RECORDS— Inner Temple n REGISTRATION— Elliott (Newspaper) .... 14 Seager (Parliamentary) .... 47 REPORTS— Bellewe 34 Brooke 35 Choyce Cases 35 Cooke . . . 35 Cunningham 34 Election Petitions 33 Finlason 32 Gibbs, Seymour Will Case . . 10 Kelyng, John 35 Kelynge, William 35 Reilly 29 Shower (Cases in Parliament) . 34 ROMAN DUTCH LAW— Van Leeuwen 38 ROMAN LAW— Brown's Analysis of Savigny . . 20 Campbell 47 Harris 20 Salkowski 14 Whitfield 14 SALVAGE— Jones 47 Kay 17 SAVINGS BANKS— Forbes J 8 SCINTILLAE JURIS— Darling (C. J.) 18 SEA SHORE— page Hall 30 Moore 30 SHIPMASTERS AND SEAMEN- Kay 17 SOCIETIES— See CORPORATIONS. STAGE CARRIAGES— See MAGISTERIAL LAW. STAMP DUTIES— Copinger 45 STATUTE OF LIMITATIONS— Banning 42 STATUTES— Hardcastle, by Craies .... 9 Marcy 26 Thomas 28 STOPPAGE IN TRANSITU— Campbell 9 Houston 32 Kay ,17 STUDENTS' BOOKS . 20—28, 39, 47 SUCCESSION DUTIES— Hanson 10 SUCCESSION LAWS- Lloyd 13 SUPREME COURT OF JUDICA- TURE, Practice of— Indermaur 25 TELEGRAPHS— See MAGISTERIAL LAW. TITLE DEEDS— Copinger 45 TORTS— Ratanlal (Indian) 26 Ring wood 13 TRADE MARKS— Daniel . 42 TRAMWAYS AND LIGHT RAIL- WAYS— Brice 19 TREASON— Kelyng 35 Taswell-Langmead ..... 21 TRIALS— Bartlett, A. (Murder) . . 32 Queen v. Gurney 32 ULTRA VIRES— Brice 16 USAGES AND CUSTOMS— Browne 19 VOLUNTARY CONVEYANCES— May 29 WATER COURSES— Higgins 1O WILLS, CONSTRUCTION OF— Gibbs, Report of Wallace v. Attorney-General 10 WORKING CLASSES, Housing of Lloyd . , 13 6 STEVENS 6* HAYNES, BELL YARD, TEMPLE BAR. Third Edition, in 8vo, price 21$., cloth, THE LAWS OF INSURANCE: jfixt, ILtfr, .^rritintt, airti (Kuarantrr. EMBODYING CASES IN THE ENGLISH, SCOTCH, IRISH, AMERICAN, AND CANADIAN COURTS. By JAMES BIGGS PORTER, OF THE INNER TEMPLE, BARRISTER-AT-LAW. ASSISTED BY W. FEILDEN CRAIES, M.A., and THOMAS S. LITTLE, OF THE INNER TEMPLE, BARRISTERS-AT-I.AW. " We find little change in the scope of the book, but the cases decided since 1887, some of them are of considerable importance, together with the new Statute Law relating to the subject, have all been properly placed, and make the third edition as valuable as its predecessor. We do not hesitate to recommend this book to the continued favourable attention of the Legal profession."— Law Journal. " This work, which in the present edition has been brought down to the latest date, was originally published by Mr. Porter in 1884, with the view of supplying a concise treatise on the Laws of In- surances within the compass of a moderate sized volume, and we have no hesitation in saying how excellently the author has attained that object, while overlooking or omitting nothing of importance. The book is one of great value." — Irish Law Times. " The issue of a third edition calls for little more than a record of the fact, for the previous editions of the book established its reputation as a lucid and exhaustive examination of the subject dealt with. It is still, so far as we know, the only book which embraces the whole Law of Insurance (excepting marine) and the present edition is as clear and concise as ever." — Manchester Guardian. _ " The third edition of Porter's most excellent and concise treatise on the laws relating to Insurance is now before us, and those with any knowledge of. or experience in, insurance affairs of any class or description, will know that, with the name of the author quoted, the contents will be at once inclusive, clear, concise and reliable Should certainly be on the shelves of every insurance office, and in the possession of every broker, as well as a necessary addition to a lawyer's library." — Liverpool Journal of Commerce. In Royal i2mo, price 2.0s., cloth, QUARTER SESSIONS PRACTICE, A VADE ME CUM OF GENERAL PRACTICE IN APPELLATE AND CIVIL CASES AT QUARTER SESSIONS. By FREDERICK JAMES SMITH, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, AND RECORDER OF MARGATE. Third Edition. In one volume, 8vo, price 21s., cloth, A COMPENDIUM OF THE LAW RELATING TO EXECUTORS AND ADMINISTRATORS, with an Appendix of Statutes, Annotated by means of References to the Text. By W. Gregory Walker, B.A., Barrister-at-Law, and Edgar J. Elgood, B.C.L., M.A., Barrister-at-Law. Third Edition by E. J. Elgood, B.C.L., M.A. "We higMy approve of Mr. Walker's arrange- j " Mr. Walker is fortunate in his choice of a sub- ment The Notes are full, and as far as we ' ject, and the power of treating it succinctly ; for have been able to ascertain, carefully and accurately ] the ponderous tomes of Williams, however satisfac- compiled We can commend it as bearing tory as an authority, are necessarily inconvenient on its face evidence of skilful and careful labour, for reference as well as expensive On the and we anticipate that it will be found a very whole we are inclined to think the book a good and acceptable substitute for the ponderous tomes useful one." — Law Journal. of the much esteemed and valued Williams." — Law Times. In royal i2mo, price 4^., cloth, A DIGEST OF THE LAW OF PRACTICE UNDER THE JUDICATURE ACTS AND RULES, and the cases decided in the chancery and common law divisions from november 1875 to august 1s80. By W. II. HASTINGS KELKE, M.A., Barrister-at-Law. STEVENS &> HAYNES, FELL YARD, TEMPLE BAR. 7 Second Edition, in 8vo, price gs. , clcth, THE LAW OF MAINTENANCE AND DESERTION, AND THE ORDERS OF THE JUSTICES THEREON. Second Edition, including the LAW OF AFFILIATION and BASTARDY. With an Appendix of Statutes and Forms, including the Summary Jurisdiction (Married Women's) Act of, 1895. % Temple Chevallier Martin, Chief Clerk of the Lambeth Police Court, Editor of the "Magisterial and Police Guide," &c, and George Temple Martin, M.A., of Lincoln's Inn, Barrister-at-Law. Third Edition. Crown 8vo, price 6s. 6d., cloth, THE LAW OF ARBITRATION AND AWARDS; With Appendix containing the STATUTES RELATING TO ARBITRA- TION, and a collection of Forms and Index. Third Edition. By JOSHUA Slater, of Gray's Inn, Barrister-at-Law. Second Edition. Crown 8vo, price 6s. , cloth. THE PRINCIPLES OF MERCANTILE LAW. By Joshua Slater, of Gray's Inn, Barrister-at-Law. In 8vo, price 12s. , cloth, THE LAW AND PRACTICE OF DISCOVERY m the SUPREME COURT of JUSTICE. With an Appendix of Forms, Orders, &c, and an Addenda giving the Alterations under the New Rules of Practice. By Clarence J. Peile, of the Inner Temple, Barrister-at-Law. In one volume, 8vo, price 185., cloth, THE LAW AND PRACTICE RELATING TO PETITIONS IN CHANCERY AND LUNACY, Including THE SETTLED ESTATES ACT, LANDS CLAUSES ACT, TRUSTEE ACT, WINDING-UP PETITIONS, PETITIONS RELATING TO SOLICITORS, INFANTS, Etc., Etc. With an Appendix of Forms and Precedents. By Sydney E. Williams, Barrister-at-Law. Second Edition, in 8vo, price 285., 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 ; and an Introductory Treatise on the Present Rules and Principles of Pleading as illustrated by the various Decisions down to the Present Time. By J. CUNNINGHAM and M. W. MATTINSON. SECOND EDLT/ON. BY MILES WALKER MATTINSON, of Gray's Inn, Barrister-at-Law, and STUART CUNNINGHAM MACASKIE, of Gray's Inn, Barrister-at-Law. REVIEWS. "The notes are very pertinent and satisfactory : the introductory chapters on the present system of pleading are excellent, and the precedents will be found very useful." — Irish Law Times. _ _ "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 Forms which have to a great extent gone 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 and Review. 8 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. Second Edition, in two volumes, royal 8vo, price 70^., cloth. NEGLIGENCE IN LAW Being the Second Edition of "Principles of the Law of Negligence," Re-arranged and Re-written. By THOMAS BEVEN, CF THE INNER TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF " THE LAW OF EMPLOYERS' LIABILITY FOR THE NEGLIGENCE OF SERVANTS CAUSING INJURY TO FELLOW SERVANTS." REVIEWS. " These volumes, says Mr. Beven in the preface, maybe regarded as a second edition of his ' Principles of the Law of Negligence,' in so far as the subjects treated of in both books are the same ; and the materials collected in the one have been used without reserve in the other. As to anything beyond this, he continues, the present is a new work. The arrangement is altogether different from that previously adopted. Nearly a half of the contents of these volumes is absolutely new, and of the remainder there is very little which has not been materially modified, if not in substance, yet in expression. "Upon its first appearance, the 'Principles of the Law of Negligence ' was at once recognized as a work of the highest importance, and the ability and industry which Mr. Beven had brought to bear upon his task laid the profession under no ordinary obligation. The service which he then rendered has been greatly increased by the production of this second edition, and the book deserves a place in the first rank among authoritative expositions of the law. " The chief characteristic of Mr. Beven s method is thoroughness. He is not himself in a hurry, and it is certainly useless for his readers to be so. The law is to be found in his pages, and, when found, it is clearly enunciated ; but it is always deduced from a full and discriminating examination of multitudinous cases — English and American — and readers must be content to survey, leisurely and cautiously, with Mr. Beven, the whole field of judicial exposition, and to follow his own careful and elaborate criticism, if they would gain the full benefit of the results at which he arrives. The book is not meant to be taken up for a hasty reference, and often the lawyer may find it more convenient to resort to a treatise more concise. On the other hand, it will be an invaluable companion in the consideration of any matter which requires research, and the style and arrangement are such that, whether the book is used for purposes of business or of general study, it cannot fail to prove deeply interesting. . . . "The above account is but a sketch of Mr. Beven's great work. It is impossible within the present hauls to give an adequate idea of the variety of topics which are included, of the learning and patience with which they are discussed. Negligence may only be an aspect of the law ; but the treatment here accorded to it throws into prominence a host of questions of the utmost importance, both practically and theoretically. By his contribution to the due understanding of these Mr. Beven has placed the profes- sion under a lasting obligation, an obligation which no reader of his work will fail to realize." — Solicitors' Journal. The book upon which this is founded, and which is in a measure a former edition of the present volumes, has made Mr. Beven an authority on the subject of the law of negligence. He has, in writing tuese volumes, made full use of his former labours ; but he claims that in reality the present work is a new one, and his claim is justified. . . . Just occasionally a well-written and ably-conceived law book is published, and such a one is this of Mr. Beven's. We think that to compare it with other books on the subject would be impossible ; it stands easily the best book on the subject. In clear exposition of law, for good classification of subject-matter, for accuracy of detail, and for every arrangement to facili- tate reference it cannot be beaten. We may congratulate Mr. Beven upon the accomplishment of his laborious task ; he has given to the profession a valuable work, and one which will enhance his reputation as a writer on the Law of Negligence." — Law Journal, August 3, 1895. " 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."— Laru Times. " In respect of the style of treatment of the subject, the book must be highly commended. It will be of service to every 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-sustained 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." — Juridical Rez'iew. _ ' Contains evidence of much serious work, and ought to receive a fair trial at the hands of the profes- sion." — Law Quarterly Review. STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. 9 Second Edition, in royal 8vo, price 385., cloth, THE LAW OF THE DOMESTIC RELATIONS, INCLUDING HUSBAND AND WIFE: PARENT AND CHILD: GUARDIAN AND WARD : INFANTS : AND MASTER AND SERVANT. By WILLIAM PINDER EVERSLEY, B.C.L, M.A., OF THE INNER TEMPLE, BARRISTER-AT-LAW. "We are glad to see a second edition of Mr. Eversley's useful work. There is a convenience in having the various subjects of which it treats collected in one volume, while at the same time each is handled with such fulness as to give the reader all the information he could expect in a separate volume. Mr. Eversley states the law with the most painstaking thoroughness, and has made an exhaustive survey of all the relevant statutes and cases. . . Great care has been taken to make the present edition complete and accurate, and a very full index adds to its utility." — Solicitors' Journal. "Important statutes and cases have come into operation since the first edition, and this has induced Mr. Eversley to give the contracts of married women separate treatment. Careful revision to date now makes this treatise comprehensive and thoroughly reliable." — Law Times. " This is an important and almost a leading treatise on domestic law. The former edition was received with merited favour. Its value has become well known, and now, after an interval of eleven years, the learned author has brought out a second edition."— Law Journal. "It is only necessary to refer to Mr. Eversley's learned and scholarlike work on 'The Domestic Rela- tions,' a book which, though technically belonging to the forbidding ranks of ' Law Books,' is yet full of human interest, and written, moreover, in the English language." — Edinburgh Review. Second Edition, in one volume, royal 8vo, price 32s., cloth, THE LAW RELATING TO THE SALE OF GOODS AND COMMERCIAL AGENCY. SECOND EDLTION. By ROBERT CAMPBELL, M.A., of Lincoln's inn, barrister-at-law ; advocate of the scotch bar, author of the " law of negligence," etc. "An accurate, careful, and exhaustive handbook on the subject with which it deals. The excellent index deserves a special word of commendation." — Law Quarterly Review. " We can, therefore, repeat what we said when reviewing the first edition— that the book is a contribu- tion of value to the subject treated of, and that the writer deals with his subject carefully and fully." — Law Journal. Second Edition, in one volume, Svo, price 28^., cloth, A TREATISE ON THE CONSTRUCTION AND EFFECT OF STATUTE LAW. WITH APPENDICES CONTAINING WORDS AND EXPRESSIONS USED IN STATUTES WHICH HAVE BEEN JUDICIALLY OR STATUTABLY CONSTRUED, AND THE POPULAR AND SHORT TITLES OF CERTAIN STATUTES. By HENRY HARDCASTLE, Harris ter-at-Law. SECOND EDITION, REVISED AND ENLARGED, by W. F. CRAIES, BARRISTER- AT- LAW. "The result of Mr. Craies' industry is a sound and good piece of work, the new light thrown on the subject since 1879 having been blended with the old in a thoroughly workmanlike manner. Though less a student's manual than a practitioner's text book, it is the sort of volume an intelligent perusal of which would educate a student better than the reading of much substantial law." — Saturday Review. 10 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. Fourth Edition, in 8vo, price 30^., cloth, HANSON'S DEATH DUTIES; being the Fourth Edition of the Acts relating to Estate Duty Finance, Probate, Legacy, and Succession Duties. Comprising the 36 Geo. III. c. 52 ; 45 Geo. III. c. 28 ; 55 Geo. III. c. 184; and 16 & 17 Vict. c. 51 ; the Customs and Inland Revenue Acts, 43 Vict. c. 14; and 44 Vict. c. 12; also the New Estate Duty Finance Acts, 57 & 58 Vict. c. 30, and 59 & 60 Vict. c. 28 ; with an Introduction, Copious Notes, and References to all the Decided Cases in England, Scot- land, and Ireland. An Appendix and a full Index. By Alfred Hanson, of the Middle Temple, Esq., Barrister-at-Law, Comptroller of Legacy and Suc- cession Duties. Fourth Edition by Lewis T. Dibdin, M.A., D.CL. , and F. H. L. Errington, M. A., Barristers-at-Law. " It is remarkable how surely a really good legal 1 reputation with the Profession, and all interested treatise finds favour with the Profession. The late | in a somewhat difficult subject." — Law Times. Mr. Hanson's edition of the Acts relating to " Es- " Of all the various treatises on the subject to tate, Probate, Legacy and Succession Duties," is I which the recent Acts have given birth, the one one of these The passing of the Finance ! under review strikes us as the fullest and best, and Acts of 1894 and 1896 has caused the introduction I we heartily recommend it to all seeking instruction of new matter. We recognise a decided improve- ! on these difficult statutes." — Irish Law Times. ment in the work, which we think will enhance its In one Volume, royal 8vo, price 50^. net, THE LAW AND PRACTICE IN LUNACY; with the Lunacy Acts, 1890-91 (Consolidated and Annotated) ; the Rules of Lunacy Commissioners ; the Idiots Act, 1886 ; the Vacating of Seats Act, 1886 ; the Rules in Lunacy ; the Lancashire County (Asylums and other powers) Act, 1891 ; the Inebriates Act, 1S79 and 1888 (Consolidated and Annotated) ; the Criminal Lunacy Acts, 1 800-1 884 ; and a Collection of Forms, Precedents, &c. By A. Wood Renton, Barrister-at-Law. In 8vo, price 30c, cloth, THE PRACTICE ON THE CROWN SIDE Of the Queen's Bench Division of Her Majesty's High Court of Justice (Founded on Corner's Crown Office Practice), including Appeals from Inferior Courts; with Appendices of Rules and Forms, By F. H. SHORT, Chief Clerk of the Crown Office, and FRANCIS HAMILTON MELLOR, M.A., Barrister-at-Law. In 8vo, price 125., cloth, THE CROWN OFFICE RULES AND FORMS, 1886. The Supreme Court of Judicature Acts and Rules of the Supreme Court, 1S83, relating to the Practice on the Crown side of the Queen's Bench Division ; including Appeals from Inferior Courts, Tables of Court Fees, Scales of Costs ; together with Notes, Cases, and a Full Index. By F. H. SHORT, Chief Clerk of the Crown Office. In royal 8vo, 1S77, price \Os., cloth, THE CASE OF LORD HENRY SEYMOUR'S WILL (WALLACE v. THE ATTORNEY-GENERAL). Reported by FREDERICK WAYMOUTH GIBBS, C.B., Barrister-at-Law, I. ATE FELLOW OF TRINITY COLLEGE, CAMBRIDGE. In 8vo, 1S67, price 165., cloth, CHARITABLE TRUSTS ACTS, 1853, 1855, 1860; THE CHARITY COMMISSIONERS' JURISDICTION ACT, 1862; THE ROMAN CATHOLIC CHARITIES ACTS: Together with a Collection of Statutes relating to or affecting Charities, including ihe Mortmain Acts, Notes of Cases from 1853 to the present time, P'onns of Decla- rations of Trust, Conditions of Sale, and Conveyance of Charily Land, and a very copious Index. Second Edition. By HUGH COOKE and R G. IIARWOOD, of the Charity Commission. STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 11 Just Published, Demy 8vo, 152 pp. Price js. 6d. THE LAW RELATING UNCONSCIONABLE BARGAINS MONEY-LENDERS. INCLUDING the History of Usury to the Repeal of the Usury Laws, with Appendices, and containing a Digest of Cases, Annotated ; relating to Unconscionable Bargains, Statutes, and Forms for the use of Practitioners. By Hugh H. L. Bellot, M.A., B.C.L., and R. James Willis, Banisters-at-Law. INNER TEMPLE RECORDS. A Calendar of the. Edited by F. A. Inderwick, Q.C. Vol. I., 21 Hen. VII. (1505)— 45 Eliz. (1603). Imperial 8vo. Roxburghe binding. 1896. 20s. net. Tn one Volume, 8vo, price 20s., cloth, THE PRINCIPLES OF COMMERCIAL LAW; WITH AN APPENDIX OF STATUTES, ANNOTATED BY MEANS OF REFERENCES TO THE TEXT. By JOSEPH HURST and LORD ROBERT CECIL, OF THE INNER TEMPLE, BARRISTERS-AT-LAW. "Their compendium, we believe, will be found a really useful volume, one for the lawyer and the business man to keep at his elbow, and which, if not giving them all that they require, will place in their hands the key to the richer and more elaborate treasures of the Law which lie in larger and more exhaus- tive works." — Law Times. "The object of the authors of this work, they tell us in their preface, is to state, within a moderate compass, the principles of commercial law. Very considerable pains have obviously been expended on the task ; and the book is in many respects a very serviceable one." — Law Journal. Second Edition, in royal 8vo, price 25^., cloth, THE RELATIONSHIP OF LANDLORD AND TENANT. By EDGAR FOA, OF THE INNER TEMPLE, BARRISTER-AT-LAW. "Will be found of much value to practitioners, and when a second edition has given the author the opportunity of reconsidering and carefully revising his statements in detail, we think it will take its place as a very good treatise on the modern law of landlord and tenant." — Solicitors Journal. " Mr. Foa is a bold man to undertake the exposition of a branch of law so full of difficulties and encum- bered by so many decisions as the Law of Landlord and Tenant. But his boldness is justified by the excellent arrangement and -by the lucid statements which characterise his book." — Law Quarterly Review. "Mr. Foa's is a compact work, treating (i) of the creation of the relationship; (2) the incidents of creation (distress) and determination of the relationship ; (3) modes and incidents of determi lation. We commend it to the attention of the Profession and predict for Foa on Landlord and Tenant a very useful and very permanent future." — Law Times. " We have nothing but praise for the work, and we shall be astonished if it does not take rank in course of time as one of the best — if not the best — work for every-day practice on the subject of Landlord and Tenant." — Law Notes. "Without making any invidious comparison with existing works on the subject, we may frankly say ihat Mr. Foa's work indisputably possesses merit. . . . Our verdict on the book must be a deeidedly favourable one." — Law Students' Journal. " 'The Relationship of Landlord and Tenant," written by Mr. Edgar Foa, Barrister-at-Law, affords a striking instance of accuracy and lucidity of statement. The volume should be found useful not only by lawyers but by landlords and tenants themselves, the law in each particular being stated with a simplicity and clearness which bring it within the grasp of the lay mind." — Law Gazette. C 2 12 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. Second Edition. In royal 8vo, price 305., cloth, A TREATISE ON THE LAW AND PRACTICE RELATING TO LETTERS PATENT for INVENTIONS. WITH AN APPENDIX OF STATUTES, INTERNATIONAL CONVENTION, RULES, FORMS AND PRECEDENTS, ORDERS, &c. By ROBERT FROST, B.Sc. (Lond.), FELLOW OF THE CHEMICAL SOCIETY ; OF LINCOLN'S INN, ESQUIRE, BARRISTER- AT-LAW. " In our view a good piece of work may create a demand, and without disparaging existing literature upon the subject of patents, we think the care and skill with which the volume by Mr. Frost has been compiled entitles it to recognition at the hands of the profession. . . . Judging Mr. Frost on this ground, we find him completely satisfactory. A careful examination of the entire volume satisfies us that great care and much labour have been devoted to the production of this treatise, and we think that patent agents, solicitors, the bar and the bench, may confidently turn for guidance and instruction to the pages of Mr. Frost." — Law Times. . " Few practice books contain so much in so reasonable a space, and we repeat that it will be found generally useful by practitioners in this important branch of the law. ... A capital index concludes the book." — Law Journal. " The book is, as it professes to be, a treatise on patent law and practice, the several topics being con- veniently arranged and discussed in the thirteen chapters which form the body of the work, to which are appended statutes, rules, and forms. The statements of the law, so far as we have been able to test them, appear to be clear and accurate, and the author's style is pleasant and good. . . . The book is a good one, and will make its way. The index is better than usual Both paper and type are also excellent." — Solicitors Journal. Second Edition. In two volumes, royal 8vo, price 505-., cloth, A PRACTICAL TREATISE ON THE LAW OF BUILDING AND ENGINEERING CONTRACTS, And of the DUTIES and LIABILITIES of ENGINEERS, ARCHITECTS, SURVEYORS and VALUERS, WITH AN APPENDIX OF PRECEDENTS, annotated by means of reference to the text and to contracts IN USE. AND AN APPENDIX OF UNREPORTED CASKS ON BUILDLNG AND ENGINEERING CONTRACTS. By ALFRED A. HUDSON, OF THE INNER TEMPLE, BARRISTER-AT-LAW. " This is a book of great elaboration and completeness. It appears from the preface that the author has the twofold qualification of technical knowledge of building, gained as an architect, and devotion to the legal aspects of building, engineering, and shipbuilding contracts since he became a member of the bar. The list of cases cited covers fifty large pages, and they include, not merely English, but American and Colonial decisions The book as a whole represents a large amount of well-directed labour, and it ought to become the standard work on its subject." — Solicitors' Journal. _ " A very full index completes the book. Mr. Hudson has struck out a new line for himself, and pro- duced a work of considerable merit, and one which will probably be found indispensable by practitioners, inasmuch as it contains a great deal that is not to be found elsewhere. The Table of Cases refers to all the reports."— Law Journal. . " Mr. Hudson, having abandoned his profession of an architect to become a barrister, hit upon the idea of writing this work, and he has done it with a thoroughness which every houseowner would like to see bestowed upon modern houses The Index and Table of Cases reveal a vast amount of industry expended upon detail, and we shall be much surprised if Mr. Hudson does not reap the reward of his labours by obtaining a large and appreciative public."— Law Timet. STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 13 Third Edition. In Svo, price io.f. 6d. , cloth, OUTLINES OF THE LAW OF TORTS. By RICHARD RINGWOOD, M.A., OF THK MIDDLE TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF "PRINCIPLES OF BANKRUPTCY," &C, AND LECTURER ON COMMON LAW TO THE INCORPORATED LAW SOCIETY. " We have always had a great liking for this work, and are very pleased to see by the appearance of a new Edition that it is appreciated by students. We consider that for the ordinary student who wants to take up a separate work on Torts, this is the best book he can read, for it is clear and explanatory, and has good illustrative cases, and it is all contained in a very modest compass. . . . This Edition appears to have been thoroughly revised, and is, we think, in many respects improved." — Law Students' Journal. " The work is one we well recommend to law students, and the able way in which it is written reflects much credit upon the author." — Law Times. "Mr. Ringwood's book is a plain and straightforward introduction to this branch of the law." — Law "Journal. *** Prescribed as a text-book by the Incorporated Law Society of Ireland. Sixth Edition, in 8vo, price 2 if., cloth, THE LAW OF COMPENSATION FOR LANDS, HOUSES, ftc. UNDER THE LANDS CLAUSES CONSOLIDATION ACTS, THE RAILWAYS CLAUSES CONSOLIDATION ACTS, THE PUBLIC HEALTH ACT, 1875 ; THE HOUSING OF THE WORKING CLASSES ACT, 1890; THE METROPOLIS LOCAL MANAGEMENT ACT AND OTHER ACTS, WITH A FULL COLLECTION OF FORMS AND PRECEDENTS. By EYRE LLOYD, OF THE INNER TEMPLE, BARRISTER-AT-LAW. SIXTH EDITION. By W. J. BROOKS, OF THE INNER TEMPLE, BARRISTER-AT-LAW. " In providing the legal profession with a book which contains the decisions of the Courts oj Law and Equity upon t/ie various statutes relating- to the Law of Compensation, Mr. Eyre Lloyd has long since left all competitors in the distance, and his book may now be considered the standard work upon tlie sub- ject. The plan of Mr. L loyefs book is generally known, and its lucidity is appreciated ; the present gutte fulfils all the promises of the preceding editions, and contains in addition to otlier matter a complete set of forms under the Artisans and Labourers Act, 1875, and specimens of Bills of Costs, whichwill be found a novel 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 PRIMOGENI TURE AS IT EXISTS IN ENGLAND. By EYRE LLOYD, B.A., Barrister-at-Law. In crown Svo, price 6s. , cloth, ESSAYS IN JURISPRUDENCE AND LEGAL HISTORY. By JOHN W. SALMOND, M.A., LL.B. (Lond.), A BARRISTER OF THK SUPREME COURT OF NEW ZEALAND. Iii crown Svo, price 6s., cloth. THE FIRST PRINCIPLES OF JURISPRUDENCE. By JOHN W. SALMOND, M.A., LL.B., BARRISTER-AT-LAW ; AUTHOR OF "ESSAYS IN JURISPRUDENCE AND LEGAL HISTORV " 14 STEVENS &* HAYNES, BELL YARD, TEMPLE BAR, In 8vo, price "js. 6J., cloth, THE LAW OF NEGOTIABLE SECURITIES, CONTAINED IN A COURSE OF SIX IECTURES. Delivered by WILLIAM WILLIS, Esq., Q.C., AT THE REQUEST OF THE COUNCIL OF LEGAL EDUCATION. In one large vol., 8vo, price 32^., cloth, INSTITUTES AND HISTORY OF ROMAN PRIVATE LAW, WITH CATENA OF TEXTS. By Dr. CARL SALKOWSKI, Professor of Laws, Konigsberg Translated and Edited by E. E. Whitfield, M.A. (Oxon.). In 8vo, price 4^. 6d., cloth, 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, 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, M.A., M.P., Q.C., STANDING COUNSEL TO THE SECRETARY OF STATE IN COUNCIL OF 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. 15 Seventh Edition, in 8vo, price ick. 6ci., cloth, THE PRINCIPLES OF BANKRUPTCY. WITH AN APPENDIX, CONTAINING THE CONSOLIDATED RULES OF 1886, 1890 & 1891, SCALE OF COSTS, AND THE BILLS OF SALE ACTS, 1878, 1882, 1890 k 1891, AND THE RULES THEREUNDER; THE DEEDS OF ARRANGEMENT ACT, 1887, AND THE RULES THEREUNDER, BY RICHARD RINGWOOD, M.A., OF THE MIDDLE TEMPLE, BARRISTER-AT-LA W, LATE SCHOLAR OF TRINITY COLLEGE, DUBLIN. "We welcome a new edition of this excellent student's book. We have written favourably of it in reviewing previous editions, and every good word we have written we would now reiterate and perhaps even more so. . . . In conclusion, we congratulate Mr. Ringwood on this edition, and have no hesitation in saying that it is a capital student's book." — Law Students' Journal. "This edition is a considerable improvement on the first, ajnd although chiefly written for the use of Students, the work will be found useful to the practitioner." — Law Times. Seventh Edition, in 8vo, price 21s., cloth, A TREATISE UPON THE LAW OF BANKRUPTCY BILLS OF SALE. WITH AN APPENDIX CONTAINING THE BANKRUPTCY ACTS, 1883— 1890; GENERAL RULES, FORMS, SCALE OF COSTS AND FEES ; RULES UNDER S. 122 of 1888; DEEDS OF ARRANGEMENT ACTS, 1887— 1890; RULES AND FORMS; BOARD OF TRADE AND COURT ORDERS ; DEBTORS ACTS, 1869, 1878 ; RULES and FORMS; BILLS OF SALE ACTS, 1878— 1891, Etc., Etc. By EDWARD T. BALDWIN, M.A., OF THE INNER TEMPLE, BARRISTER-AT-LAW. "The seven editions simply record the constant progress of case growth and statute law. It is a remarkably useful compendium." — Law Times, July 20, 1S95. "As a well-arranged and complete collection of case law this book should be found of great use. — Law Journal, July 20, 1895. " Carefully brought down to date." — Solicitors' Journal, November 9, 1S95. " We have always considered the work an admirable one, and the present edition is quite up to the previous high standard of excellence. We know of no better book on bankruptcy for the practitioner's library." — Law Students' Journal, August, 1895. " Practitioners may, we feel sure, safely rely on its accuracy. A distinct acquisition for reference purposes to the shelf of any practitioner." — Law Notes. 36 STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. Third Edition, in one vol., price 20s., cloth, A COMPENDIUM OF THE LAW OF PROPERTY IN LAND. FOR THE USE OF STUDENTS AND THE PROFESSION. THLRD ED1TL0N WLTH ADDENDA, GLV1NG THE LAND TRANSFER ACT, 1897, WITH REFERENCES TO THE TEXT. By WILLIAM DOUGLAS EDWARDS, LL.B., of Lincoln's inn, barrister-at-law. ' : Mr. Edwards' treatise on the Law of Real Property is marked by excellency of arrangement and conciseness of statement We are glad to see, by the appearance of successive editions, that the merits of the book are appreciated." — Solicitors Journal. _ . " So excellent is the arrangement that we know of no belter compendium upon the subject of which it treats." — Law Times. "We welcome the third edition of Mr. Edwards' book. It has by this time secured a first place amongst students' books on Real Property, both by its admirable arrangement of topics and by the clearness of its statements. The present edition incorporates the Statutes and Cases for 1896." Cambridge Review. "An established place in legal literature is occupied by Mr. W. D. Edwards' 'Compendium of the Law of Property in Land,' the third edition of which has just been published." — The Globe. " We consider it one of the best works published on Real Property Law."— Law Students' Journal. "Another excellent compendium which has entered a second edition is Mr. Edwards' 'Compendium of the Law of Property in Land.' No work on English law is written more perspicuously."— Law Times. " The author has the merit of being a sound lawyer, a merit perhaps not always possessed by the authors of legal text-books for students." — Law Quarterly Review. "Altogether it is a work for which we are indebted to the author, and is worthy of the improved notions of law which the study of jurisprudence is bringing to the front." — Solicitors' Journal. Third Edition, royal 8vo, price 38*., cloth, THE LAW OF CORPORATIONS AND COMPANIES. A TREATISE ON THE DOCTRINE OF ULTRA VIRES: BEING An Investigation of the Principles which Limit the Capacities, Powers, and Liabilities of CORPORATIONS, AND MORE ESPECIALLY OF JOINT STOCK COMPANIES. By SEWARD BRICE, M.A., LL.D, London, OF THE INNER TEMPLE, ONE OF HER MAJESTY'S COUNSEL. THIRD EDITION. REVISED THROUGHOUT AND ENLARGED, AND CONTAINING THE UNITED STATES AND COLONIAL DECISIONS. REVIEWS. " . . • . On the whole, We consider Mr. B rice's exhaustive work a valuable addition to the literature oj the profession." — Saturday Review. " It is the Law of Corporations that Mr. Brice treats of (and treats of more fully, and at the same time more scientifically, than any work with which we are acquainted), not the law of principal and agent ; and Mr. Brice does not do his book justice by giving it so vague a title." — Law Journal. "On this doctrine, first introduced in the Common Law Courts in East Anglian Railway Co. v. Eastern Counties Railway Co., Brice on Ultra Vires may be read with advantage." — Judgment of Lord Justice Bramwell, in the Case of Evcrshed v. Z. £r> I\l. IV. Ry. Co. (L. R., 3 Q. B. Div. 141.). STEVENS &» HAYNES, BELL YARD, TEMPLE BAR. Seventh Edition, in royal 8vo, price t,6s. , cloth, BUCKLEY ON THE COMPANIES ACTS. THE LAW AND PRACTICE UNDER THE COMPANIES ACTS, 1862 to 1893; and THE LIFE ASSURANCE COMPANIES ACTS, 1870 to 1872; including THE COMPANIES (MEMORANDUM OF ASSOCIATION) ACT; THE COMPANIES (WINDING-UP) ACT, and the DIRECTORS' LIABILITY ACT. %, %vc.\t\*e 011 the |E;ito of Joint -Stock (Companies. CONTAINING THE STATUTES, WITH THE RULES, ORDERS, AND FORMS, TO REGULATE PROCEEDINGS. SEVENTH EDITION BY THE AUTHOR, and A. C. CLAUSON, Esq., M.A., OF LINCOLN'S INN, BARRISTER-AT-LAW. Second Edition, with Supplement, in royal 8vo, price 46^., cloth. THE LAW RELATING TO SHIPMASTERS AND SEAMEN. THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS, LIABILITIES, AND REMEDIES, By the late JOSEPH KAY, Esq., M.A., Q.C, Second Edition. WITH A SUPPLEMENT Comprising THE MERCHANT SHIPPING ACT, 1894, The Rules of Court made thereunder, and the {proposed) Regulations for Preventing Collisions at Sea. By the Hon. J. VV. MANSFIELD, M.A., and G. W. DUNCAN, Esq., B.A., OF THE INNER TEMPLE, BARRISTERS-AT-LAW. REVIEWS OF THE SECOND EDITION : "It will, however, be a valuable book of refer- ence for any lawyer desiring to look up a point connected with the rights and duties of a ship- master or a seaman— the list of cases cited covers nearly seventy pages — while any shipmaster, ship- agent or consul who masters this edition will be well posted up ^Ve hope this new Edition will be quickly appreciated, for the Editors have carried out an arduous task carefully and well.'" — Law Journal, April, 1894. " It has had practical and expert knowledge brought to bear upon it, while the case law is brought down to a very iate date. Considerable improvement has been made in the index." — Law Times, April, 1S94. In royal 8vo, price \os. 6d., cloth, THE MERCHANT SHIPPING ACT, 1894; With the Rules of Court made thereunder. Being a Supplement to KAY'S LAW RELATING TO SHIPMASTERS AND SEAMEN. To which are added the (proposed) Regulations for Preventing Collisions at Sea. With Notes. By Hon. J. W. Mansfield, M.A., and G. W. Duncan, B.A., of the Inner Temple, Barristers- at-Law. 18 STEVENS <5f HAYNES, BELL YARD, TEMPLE BAR. Fourth Edition, in royal 8vo, price 405., cloth, THE JUDGMENTS, ORDERS, AND PRACTICE OF THE SUPREME COURT, CHIEFLY in RESPECT to ACTIONS ASSIGNED to the CHANCERY DIVISION, By LOFTUS LEIGH PEMBERTON, ! One of the registrars of the Supreme Court of Judicature ; and Author of " The Practice in Equity by way of Revivor and Supplement." "The work under notice ought to be of considerable service to the profession The forms 1 throughout the work — and they are the most important element in it— appear to us to be accurate, and of I the most approved type. This fact alone will commend the new edition to practitioners in the Chancery Division. There is a useful table of the Lord Chancellors and Judges at the beginning of the book, and a ver y full index concludes it."— Lam Times. In demy i2mo, price $s., THE STATUTORY LAW RELATING TO TRUSTEE SAVINGS BANKS (1863-1891), together with the Treasury Regu- lations (1888— 1889), and the Scheme for the Appointment of the Inspection Committee of Trustee Savings Banks. By Urquhart A. Forbes, of Lincoln's Inn, Esq., Barrister-at-Law, Author of " The Law Relating to Savings Banks ; " the "Law of Savings Banks since 1878;" and joint Author of "The Law Relating to Water." In demy 121110, price 6s., cloth, THE LAW OF SAVINGS BANKS SINCE 1878; With a Digest of Decisions made by the Chief Registrar and Assistant Registrars of Friendly Societies from 1878 to 1882, being a Supplement to the Law relating to Trustee and Post Office Savings Banks. By U. A. FORBES, of Lincoln's Inn, Barrister-at-Law. %* The complete ivork can be ha d, price \os. 6d., cloth. In 8vo, price 151., 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 by the NEW KULES of 1883, And an APPENDIX OF ORDERS AND FORMS, Annotated by References to the Text. By W. GREGORY WALKER and EDGAR J. ELGOOD, of Lincoln's inn, barristers-at-la\v. In Svo, price i6j., THE LAW OF PRINCIPAL AND SURETY. By S. A. T. ROWLATT, M.A., LATE FELLOW OF KING'S COLLEGE, CAMBRIDGE ; OF THE INNER TEMPLE, BARRISTER-AT-LAW. " He brings out fully in all its ramifications the nature o f the law of gu arantee."— Saturday Review. In Foolscap Svo, superfine paper, bound in Vellum, price y. 6d. net. * * A limited number of copies have been printed upon large paper, price Js. 6d. net. SCINTILLAE JURIS. 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 vein. 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 Nevus. STEVENS cV L/AYXES, BELL YARD, TEMPLE BAR. 19 In Svo, price \zs. 6d., cloth, THE LAW SPECIALLY RELATING TO TRAMWAYS AND LIGHT RAILWAYS: AND CONTAINING THE TRAMWAYS ACT, 1870, and the BOARD OF TRADE RULES AND REGULATIONS RELATING TO TRAMWAYS, WITH NOTES ; and the LIGHT RAILWAYS ACT, 1896, and the BOARD OF TRADE RULES AND REGULATIONS RELATING TO LIGHT RAILWAYS, WITH NOTES; AND A FULL COLLECT/OX OF PRECEDENTS. By SEWARD BRICE, M.A., LL.D., London, ONE OF HER MAJESTY'S COUNSEL, Author of " A Treatise on the Doctrine of Ultra Vires," &-Y. Second Edition, in 8vo, price 25^., cloth, THE PRINCIPLES OF THE LAW OF RATING OF HEREDITAMENTS IN THE OCCUPATION OF COMPANIES. By J. H. BALFOUR BROWNE, OF THE MIDDLE TEMPLE, Q.C, And D. N. McNAUGHTON, of the Middle Temple, Barrister-at-Law. "The tables and specimen valuations which are piinted in an appendix 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 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. In 8vo, 1875, price "js. 6d., cloth, THE LAW OF USAGES & CUSTOMS: %. fractkal |Tato Cract. By J. H. BALFOUR BROWNE, OF THE MIDDLE TEMPLE, Q.C. "We look upon this treatise as a valuable addition to works written on the Science of Law." — Canada Law yournal. "As a tract upon a very 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." — Irish Law 'Times. "As a book of reference we know of none so comprehensive dealing with this particular branch of Common Law In this way the book is invaluable to the practitioner." — Law Magazine. In one volume, Svo, 1875, price i8j., cloth, THE PRACTICE BEFORE THE RAILWAY COMMISSIONERS UNDER THE REGULATION OF RAILWAY ACTS, 1873 & 1874 ; 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, 1876, price 7j. 6d. , 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 Parliament. By J. H. Balfour Browne, of the Middle Temple, Q.C. 20 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. Second Edition, in crown 8vo, price \2.s. 6d., cloth. THE LAW OF EVIDENCE, By S. L. PHIPSON, M.A., of the Inner Temple, Barrister-at-Law. " This is a very compendious and accurate volume on a subject which we fear is not studied as much as it should be. The arrangement is excellent, illustrations and examples being given in parallel columns. Its success is thoroughly justified." — Law Times. ... c "The work is compact yet reasonably full, and the rules of law are accompanied by a large number ot well-chosen illustrations. The book is somewhat longer than its predecessor, the text being amplified, the index enlarged, and the number of cases cited considerably increased."— Law Joitrnal. " This second edition of Mr. Phipson's work seems to have been brought down to date with great care, and to have the English and Irish cases carefully collated The author's mode of contrasting in parallel columns the decisions for or against a particular question, or drawing nice distinctions, can hardly be excelled. The author seems to have succeeded in producing a book handy in size, easy of reference, and replete with information." — Irish Law Tunes. In 8vo, price 55., cloth, THEORIES AND CRITICISMS OF SIR HENRY MAINE. By MORGAN O. EVANS, Barrister-at-Law, Contained in his six works, "Ancient Law,"' "Early Law and Customs," '^Early History of Institutions," "Village Communities," "International Law," and "Popular Government," which works have to be studied for the various examina- tions. In 8vo, 1872, price "js. 6d., cloth, AN EPITOME AND ANALYSIS OF SAVIGNY'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 thin 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 very successfully pre- translation of his author, and the analysis of his served, nothing which might be useful to the author's matter. That he has succeeded in reducing , English reader being apparently omitted. —Law the bulk of the original will be seen at a glance ; ' Journal. THE ELEMENTS OF ROMAN LAW. Third Edition, in crown 8vo, 6s. A CONCISE DIGEST OF THE INSTITUTES OF GAIUS AND JUSTINIAN. With copious References arranged in Parallel Columns, also Chronological and Analytical Tables, Lists 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." " This book contains a summary in English of the elements of Roman Law as contained in the works of Gains and Justinian, and is so arranged that the reader can at once see what are the opinions of cither 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 arranged his digest will render it most useful, not only to the students for whom it was originally 'written, but also to those persons zvho, though they have not the lime to wade through the larger treatises of Poste, Sanders, Ortolan, and others, yet desire to obtain some knoxvledge of Roman Law.' — Oxford and Cameridgf Undergraduates' Journal. WORKS FOR LAW STUDENTS. 21 Fifth Edition, in crown 8v<>, price 1 5^., cloth, ENGLISH CONSTITUTIONAL HISTORY: FROM THE TEUTONIC INVASION TO THE PRESENT TIME. ^cstgncb as a %txk-book for ,Stubents anb other:?, By T. P. TASWELL-LAN(;MEA1), B.C.L., of Lincoln's ink, barrister-at-law, formerly vinerian scholar in the university and late professor of constitutional law and history, university college, london. Fifth Edition, Revised throughout, with Notes, By Philip A. Ashworth, BARRISTER-AT-LAW ; TRANSLATOR OF GNEIST's " HISTORY OF THE ENGLISH CONSTITUTION." " We heartily commend this valuable book to the study of all, whether Conservative or Liberal in politics, who desire to take an intelligent part in public life." — The New Saturday. " 'Taswell-Langmead ' has long been popular with candidates for examination in Constitutional History, and the present edition should render it even more so. It is now, in our opinion, the ideal students' book upon the subject." — Law Notes. '"Mr. Carmichael has performed his allotted task with credit to himself, and the high standard ot excellence attained by Taswell-Langmead'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." — Law 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. Law Review. "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." — Law Journal. " 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 (U.S.) Literary World. "As it now stands, we should find it hard to name a better text-book on English Constitutional History." — Solicitors' Journal. " 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 sucn 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 6s., cloth, HANDBOOK TO THE INTERMEDIATE AND FINAL LL.B. OF LONDON UNIVERSITY ; (PASS AND HONOURS), Including A COMPLETE SUMMARY OF "AUSTIN'S JURISPRUDENCE," and the EXAMINATION PAPERS of LATE YEARS in ALL BRANCHES. By a B.A., LL.B. (Lond.). In crown 8vo, price 3-r. ; or Interleaved for Notes, price 4s., CONTRACT LAW. QUESTIONS ON THE LAW OF CONTRACTS. With Notes to the Answers. Founded on "Anson," " C kitty" and "Pollock." By rillLlP Fostek Aluked, D.C.L., Hertford College and Gray's Inn. 22 WORKS FOR LAW STUDENTS. Twelfth Edition, in 8vo, price 21s., cloth, THE PRINCIPLES OF EQUITY. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. By EDMUND H. T. SNELL, OF THK MIDDLE TEMPLE, BAP.RISTER-AT-LAW. TWELFTH EDITION. By ARCHIBALD BROWN, M.A. Edin. & Oxon., & B.C.L. Oxon., OF THE MIDDLE TEMPLE, BARRISTER- AT-I.AW ; AUTHOR OF "a NEW LAW DICTIONARY," "AN ANALYSIS OF SAVIGNY ON OBLIGATIONS," AND THE "LAW OF FIXTURES." REVIEWS. "The Twelfth Edition of this work will be welcomed. . . . The book is now a standard work on the ' Principles of Equity,' and we suppose that very few aspirants for the Bar and the Rolls present them- selves for examination without reading the book more than once. . . . There is no book on Equity which can come near ' Snell.' "— Law Notes. " ' Snell ' remains, as it has been for a generation, the indisputable introduction to the study of Equity." — Oxford Magazine. "The fact that ' Snell's Principles of Equity ' has reached the Twelfth Edition is in itself sufficient to show the warm approval of the profession. It is a wonderful compendium of Equity Principles, so arranged as to lead the reader steadily on from simpler to more abstruse questions ; and is most useful, not only to the student, but also to the barrister in his every day work." — IrisA Law Times. " The student who has mastered ' Snell ' will know as much about Equity as most practitioners, and more than some. . . . This edition appears to have been brought well up to date. It is, moreover, furnished with an excellent index. This is fortunate, as ' Snell holds the field as a treatise on Equity." — Laiv Journal. " This is the Eighth Edition of this student's text-book which the present editor has brought out. . . . the book is a good introduction to Equity, and is additionally useful by having a full index." — Solicitors' Journal. " Whether to the beginner in the study of the principles of Equity, or to the practising lawyer in the hurry of work, it can be unhesitatingly recommended as a standard and invaluable treatise." — Cambriiige Review. " This is now unquestionably the standard book on Equity for students." — Saturday Review. " We know of no better introduction to the Principles of Equity."— Canada Law Journal. Sixth Edition, in 8vo, price 6s., cloth, AN ANALYSIS OF SNELL'S PRINCIPLES OF EQUITY. Founded on the Twelfth Edition. With Notes thereon. By E. E. Blyth, LL.D., Solicitor. " Mr. Blyth's book will undoubtedly be very useful to readers of Snell." — Law Times. "This is an admirable analysis of a good treatise ; read with Snell, this little book will be found very profitable to the student."— La7v Journal. In 8vo, price 2s., sewed, QUESTIONS ON EQUITY. FOR STUDENTS PREPARING FOR EXAMINATION. FOUNDED ON THE NINTH EDITION OF SNELL'S "PRINCIPLES OF EQUITY." Bv W. T. WAITE. BARRISTF.R-AT-LAW, HOLT SCHOLAR OF THE HONOURABLE SOCIETY OF GRAY'S INN. WORKS FOR LAW STUDENTS. 23 Second Edition, in one volume, 8vo, price i8j-., cloth, PRINCIPLES OF CONVEYANCING. AN ELEMENTARY WORK FOR THE USE OF STUDENTS. By HENRY C. DEANE, of Lincoln's inn, barrister-at-law, sometime lecturer to the incorporated law society of the united kingdom. ii We hope to see this book, like SnelTs Equity, a standard class-book in all Law Schools where English laiv is taught." — Canada Law Journal. " We like the work, it is well written and is an " In the parts which have been re-written, Mr. excellent student's book, and being only just pub- Deane has preserved the same pleasant style marked lished, it has the great advantage of having in it all by simplicity and lucidity which distinguished his the recent important enactments relating to convey- first edition. After ' Williams on Real Property,' ancing. It possesses also an excellent index." — | there is no book which we should so strongly Law Students' Journal. " Will be found of great use to students entering upon the difficulties of Real Property Law. It has an unusually exhaustive index covering some fifty pages." — Law Times. 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 Journal. 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 COMPANY LAW." "The book is weli 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' Journal. : ' 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 Cambridge Undergraduates' Journal. Fourth Edition, in 8vo, price 8.?. , cloth, A SUMMARY OF THE LAW AND PRACTICE IN THE ECCLESIASTICAL COURTS. FOR THE USE OF STUDENTS. By EUSTACE SMITH, THE INNER TEMPLE J AUTHOR OF "a SUMMARY OF COMPANY LAW " AND "a SUMMARY OF THE LAW AND PRACTICE IN ADMIRALTY." " 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 by 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 8vo, price 7-r. 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 of great assistance to students." — Law Students' Journal. 24 WORKS FOR LAW STUDENTS. Eighth Edition. In one volume, 8vo, price 2ar., cloth, PRINCIPLES OF THE COMMON LAW. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. EIGHTH 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." — Law 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."— Solicitors' Journal. " 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."— Law 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. He not only possesses the faculty 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 decisions which have been now introduced are calculated to render the work of greater utility to practitioners and students, both English and Irish." - — Irish Law Times. " This work, the author tells us in his Preface, is 'written mainly with a view to the examinations of the. Incorporated Law Society ; but we think it is likely to attain a wider usefulness. It seems, so far as we can judge from the farts we have examined, to be a careful and clear outline of the principles of the common law. It is very readable ; and not only students, but many practitioners and the public, might benefit by a perusal of its pages." — Solicitors' Journal. WORKS FOR LAW STUDENTS. 25 Seventh Edition, in 8vo, price 14?., cloth, A MANUAL OF THE PRACTICE OF THE SUPREME COURT OF JUDICATURE, IN THE QUEEN'S BENCH AND CHANCERY DIVISIONS. Seventh Edition. Intended for the use of Students and the Profession. By John Indermaur, Solicitor. "Mr. Indermaur has brought out a sixth edition of his excellent 'Manual of Practice' at a very opportune time, for he has been able to incorporate the effect of the new Rules of Court which came into force last November, the Trustee Act, 1893, and Rules, and the Supreme Court Fund Rules, 1893, as well as that of other Acts of earlier date. A very complete revision of the work has, of course, been necessary, and Mr. Indermaur, assisted by Mr. Thwaites, has effected this with his usual thoroughness and careful attention to details. The book is well known and valued by students, but practitioners also find it handy in many cases where reference to the bulkier ' White Book ' is unnecessary."— Law Times, February, 1894. . "This well-known students' book may very well be consulted by practitioners, as it contains a considerable amount of reliable information on the practice of the Court. It is written so as to include the new Rules, and a supplemental note deals with the alterations made in Rule XI. by the Judges in January last. The praise which we gave to previous editions is quite due to the present issue." — Law Jou rnal, February, 1894. Eighth Edition, in 8vo, price 6s., cloth, AN EPITOME OF LEADING COMMON LAW CASES; WITH SOME SHORT NOTES THEREON. Chiefly intended as a Guide to " Smith's Leading Cases." By John Indermaur, Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872). " We have received the third edition of the ' Epitome of Leading Common Law Cases,' by Mr. Inder- maur, Solicitor. The first edition of this work was published in February, 1873, the second in April. 1874; and now we have a third edition dated September, 1875. No better proof of the value of this book can be furnished than the fact that in less than three years it has reached a third edition."— Law Journal. Eighth Edition, in 8vo, price 6s., cloth, AN EPITOME OF LEADING CONVEYANCING AND EQUITY CASES; WITH SOME SHORT NOTES THEREON, FOR THE USE OF STUDENTS. By John Indermaur, Solicitor, Author of "An Epitome of Leading Common Law Cases." "We have received the second edition of Mr. Indermaur's very useful Epitome of Leading Convey- ancing and Equity Cases. The work is very well done." — Law Tunes. "The Epitome well deserves the continued patronage of the class— Students— for whom it is especially intended. Mr. Indermaur will soon be known as the ' Students' Friend.' " — Canada Law Journal. Sixth Edition, 8vo, price 6s., cloth, THE ARTICLED CLERK'S GUIDE TO AND SELF-PREPARATION FOR THE FINAL EXAMINATION. Containing a Complete Course of Study, with Books to Read, List of Statutes, Cases, Test Questions, &c, and intended for the use of those Articled Clerks who read by themselves. By John Indermaur, Solicitor. "In this edition Mr. Indermaur extends his counsels to the whole period from the Intermediate examination to the Final. His advice is practical and sensible : and if the course of study he recommends is intelligently followed, the articled clerk will have laid in a store of legal knowledge more than sufficient to carry him through the Final Examination." — Solicitors' Journal. ^ Now ready, Fifth Edition, in 8vo, price 10s., cloth, THE ARTICLED CLERK'S GUIDE TO AND SELF- PREPARATION FOR THE INTERMEDIATE EXAMINATION, As it now exists on Stephen's Commentaries. Containing a complete course of Study, with Statutes, Questions, and Advice. Also a complete Selected Digest of the whole of the Questions and Answers set at the Examinations on those parts of " Stephen " now examined on, embracing a period of fourteen and a half years (58 Examinations), inclusive of the Examination in April, 1894, &c. &c, and intended for the use of all Articled Clerks who have not yet passed the Inter- mediate Examination. By John Indermaur, Author of " Principles of Com- mon Law," and other works. In Svo, 1875, P"ce 6s., cloth, THE STUDENTS' GUIDE TO THE JUDICATURE ACTS, AND THE RULES THEREUNDER: Being a book of Questions and Answers intended for the use of Law Students. By John Indermaur, Solicitor. 26 WORKS FOR LAW STUDENTS. In Demy Svo, cloth gilt, pp. 600, price gs. net, THE LAW OF TORTS. ARRANGED ON THE PRINCIPLES OF THE ENGLISH COMMON LAW, AND OF THE INDIAN CASE LAW. By RATANLAL RANCHHODDAS, B.A., LL.B., PLEADER, HIGH COURT. The Right Hon. Lord Herschell, Ex-Lord High Chancellor ot England:— ' ' Wherever I have tested it, the statements of law appear accurate and clear. " The Right Hon. Lord Russell of Killowen, Lord Chief Justice of England : — " It seems to me to be carefully done and to be well arranged." The Right Hon. Lord Davey, of Her Majesty's Privy Council : — " I have pleasure in saying that it appears to me to be well arranged and carefully done, and I have no doubt that it will prove useful both to the student and to the practitioner." The Hon. Mr. Justice Parsons, of the Bombay High Court : — " I am sure the book will prove most useful to all who wish to acquire a knowledge of this subject, and from the great pains you have evidently bestowed upon it, it seems quite entitled to rank as the text-book of the subject in India." The Hon. Air. Justice P.C. Chattcrjec, of the Panjab Chief Court : — " It is a work ot considerable originality and merit. I believe the general accuracy of your book is beyond question." Fifth Edition, in crown Svo, price \zs. 6d., cloth, AN EPITOME OF CONVEYANCING STATUTES. Extending from 13 Edw. I. to the End of 55 & 56 Victoria. Fifth Edition, with Short Notes. By George Nichols Marcy, of Lincoln's Inn, Barrister-at-Law. Second Edition, in 8vo, A NEW LAW DICTIONARY, AND INSTITUTE OF THE WHOLE LAW; Embracing French and Latin Terms and References to the Authorities, Cases, and Statutes. Second Edition, revised throughout, and considerably enlarged. By Archibald Brown, M.A. Edin. and Oxon., and B.C.L., Oxon., Barrister-at-Law ; Author of the " Law of Fixtures," etc. In royal 8vo, price 5.?., cloth, ANALYTICAL TABLES OF THE LAW OF REAL PROPERTY; Drawn up chiefly from STEPHEN'S BLACKSTONE, with Notes. By C. J. TARRING, of the Inner Temple, Barrister-at-Law. 'Great care and considerable skill have been shown in the compilation of these tables, which will be found of much service to students of the Law of Real Property.'' — Law Times. WORKS FOR LAW STUDENTS. Eighth Edition, in 8vo, price 20s. , cloth, PRINCIPLES OF THE CRIMINAL LAW. INTENDED AS A LUCID EXPOSITION OF THE SUBJECT FOR THE USE OF STUDENTS AND THE PROFESSION. By SEYMOUR F. HARRIS, B.C.L., M.A. (Oxon.), AUTHOR OF "A CONCISE DIGEST OF THE INSTITUTES OF GAIUS AND JUSTINIAN." EIGHTH EDITION. Bv C; L. ATTENBOROUGH, of the Inner Temple, Barrister-at-Law. REVIEWS. " Messrs. Stevens & Haynes have just issued the Seventh Edition of their well known text-book, ' Harris's Principles of the Criminal Law.' For the present edition Mr. Charles L. Attenborough, of the Inner Temple, Barrister-at-Law, is responsible. He has brought the work up to date, and ensured for it a further career of usefulness as the leading student's text-book upon the Criminal Law." — Law Times. "This work is pretty well known as one designed for the student who is preparing for examination, and for the help of young practitioners. Among articled clerks it has long enjoyed a popularity which is not likely to be interfered with. . . . We have been carefully through the new edition and can cordially commend it." — Law Student's "Journal. " The book must be good, and must meet a demand, and Harris's Criminal Law remains as it has always been, an excellent work for obtaining that kind of theoretical knowledge of the criminal law which is so useful at the University Examinations of Oxford and Cambridge." — Law Notes. "The characteristic of the present Edition is the restoration to the book of the character of ' a concise exposition ' proclaimed by the title-page. Mr. Attenborough has carefully pruned away the excrescences which had arisen in successive editions, and has improved the work both as regards terseness and clearness of exposition. In both respects it is now an excellent student's book. The text is very well broken up into headings and paragraphs, with short marginal notes — the importance of which, for the convenience of the student, is too often overlooked." — Solicitors' Journal " The favourable opinion 'we expressed of the first edition of this work appears to have been justified by the reception it has met with. Looking through this tiew Edition, we see no reason to modify the praise we bestowed on the former Edition. The recent cases have been added and the provisions of the Summary jurisdiction Act are noticed in the chapter relating to Summary Convictions. The book is one of the best manuals of Criminal Law for the student." — Solicitors' Journal. " There is no lack of Works on Criminal Law, but there was room for such a useful handbook of Principles as Mr. Seymour Harris has supplied. Accustomed, by his previous labours, to the task of analysing the law, Mr. Harris has brought to bear upon his present xvork qualifications well adapted to secure the successful accomplishment of the object 'which he had set before him. That object is not an ambitious one, jor it does not pretend to soar above utility to the young practitioner and the student. For both these classes, and for the yet wider class who may require a book of reference on the subject, Mr. Harris has produced a clear and convenient Epitome of the Law." — Law Magazine and Review. "This work purports to contain 'a concise exposition of the nature of crime, the various offences punish- able by the English law, the law of criminal procedure, and the law of summary convictions,' with tables of offences, punishments, and statutes. The work is divided into four books. Book I. treats of crime, its divisions and essentials ; of persons capable of committing crimes ; and of principals and accessories. Book II. deals with offences 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 excellent, and thoroughly calculated to impress the mind of the uninitiated. Book 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." — Law Journal. 28 WORKS FOR LAW STUDENTS. Second Edition, in crown 8vo, price $s. 6 HAYNES, BELL YARD, TEMPLE BAR. In one volume, medium 8vo, price 38^., cloth ; or in half-roxburgh, 425., 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 litus 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 exposures 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- mentative 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. 1st. " Mr. Stuart Moore in his valuable work on the Foreshore." — The Times. " Mr. Stuart Moore'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 12s. , 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 cf 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." — Irish Law Times. "We can recommend Mr. Higgins' Manual as the best guide we possess." — Public Health. " County Court Judges, Sanitary Authorities, and Riparian Owners will find in Mr. Higgins' Treatise a valuable aid in obtaining a clear notion of 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 Review. "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 Journal. "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. SI EVENS &> HAYNES, BELL YARD, TEMPLE BAR. 31 In 8vo, Sixth Edition, price 28*., clolh. MAYNE'S TREATISE ON THE LAW OF DAMAGES. SIXTH EDITION. REVISED AND PARTLY REWRITTEN. BY JOHN D. MAYNE, OF THE INNER TEMPLE, BARRISTER-AT-I.AW J AND His Honor Judge LUMLEY SMITH, Q.C. " ' Mayne on Damages ' has now become almost a classic, and it is one of the books which we cannot afford to have not up to date. We are therefore pleased to have a new Edition, and one so well written as that before us. With the authors we regret the increasing size of the volume, but bulk in such a case is better than incompleteness. Every lawyer in practice should have this book, full as it is of practical learning on all branches of the Common Law. The work is unique, and this Edition, like its predecessors, is indispensable." — Law Journal April, 1894. " Few books have been better kept up to the current law than this treatise. The earlier part of the book was remodelled in the last edition, and in the present edition the chapter on Penalties and Liquidated Damages has been rewritten, 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 v. Smith they say : * The i result is that an agreement with various covenants of different importance is not to be governed I by any inflexible 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 commend this as a carefully edited edition of a thoroughly good book." — Solicitors' Journal. " During the twenty-tivo years tvhich have elapsed since the publication of this well-known work, its reputation has been steadily growing, and it has long since become the recognised authority on 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 prin- ciples than in contracts ; indeed, sometimes it is impossible to say they are governed by any prin- ciples at all. In actions for injuries to the person or reputation, for example, a judge cannot do more what the facts proved in their judgment required. And, according to the better opinion, they may give damages 'for example's sake,' and mulct a rich nian more heavily than a poor one. In actions for injuries to property, however, 'vindictive' or 'exemplary' damages cannot, except in very rare 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 should add that the whole work has been thoroughly revised," than give a general direction to the jury to give I Solicitors' Journal. " This text-book is so well known, not only as tin highest authority on the subject healed of but as one of the best text-books ever written, that it zoould be idle Jor us to speak of it in the words of commendation that it deserves. It is a work that no practising lawyer can do without." — Canada Law Journal. 32 STEVENS & HAYNES, BELL YALiD, TEMPLE BAR. In crown 8vo, price 45. 6d., 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."— Law Times. " A handy book for all articled clerks." — Law Students' 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." —Lam Notes. " The book ought to be perused by all law students and articled clerks." — Red Tape. Second Edition, in crown 8vo, price "js., cloth, THE LAW RELATING TO CLUBS. By the late JOHN WERTHEIMER, Barrister-at-Law. Second Edition, by A. W. CHASTER, Barrister-at-Law. " This is a very neat little book on an interesting subject. The law is accurately and well expressed." — Law Journal. "This is a very handy and complete little work. This excellent little treatise should lie on the table of every club." — Pump Court. "A convenient handbook, drawn up with great judgment and perspicuity." — Morning 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 Reiietv. In 8vo, price 2s, , sewed, TABLE of the FOREIGN. MERCANTILE LAWS and CODES in Force in the Principal States of EUROPE and AMERICA. By Charles Lyon-Caen, Professeur agrege a la Faculte de Droit de Paris ; Professeur a l'Ecole libre des Sciences politiques. Translated by Napoleon Argles, Solicitor, Paris. In 8vo, price if., 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 8vo, price los. 6d., cloth, PRINCIPLES OF THE LAW OF STOPPAGE IN TRANSITU, RETENTION, and DELIVERY. By John Houston, of the Middle Temple, Barrister-at-Law. In 8vo, price 105., 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 8vo, price 10s. 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 Examination of the Cases at Law and Equity applicable to it. By W. F. Finlason, Barrister-at-Law. In royal 8vo, price los. 6d., cloth. THE PRACTICE OF EQUITY BY WAY OF REVIVOR AND SUPPLEMENT. With Forms of Orders and Appendix of Bills. By Loftus Leigh Pemberton, of the Chancer)' Registrar's Office. STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 33 In 8vo, price 12s. 6 ( /., cloth, THE ANNUAL DIGEST OF MERCANTILE CASES FOR THE YEARS 1885 AND 1886. Being a Digest of the Decisions ok the English, Scotch and Ikish Courts on Matters relating to Commerce. By JAMES A. DUNCAN, M.A., LL.B., Trin. Col!., Camb., AND OF THE INNER TEMPLE, BARRISTER-AT-I.AW. In Svo, 187S, price 6s., cloth, the LAW RELATING TO CHARITIES, especially with reference to the validity and construction of CHARITABLE BEQUESTS AND CONVEYANCES. By FERDINAND M. WHITEFORD, of Lincoln's Inn, Barrister-at-Law. Vols. I., II., III., IV., and V., Part I., price 5/. Is. REPORTS OF THE 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. IV. Part III. and all after are Edited by]. S. Sandars and A. P. P. Keep, Bat~risters-at-Laiv. In 8vo, price 12s., cloth, THE LAW OF FIXTURES, in the principal relation of Landlord and Tenant, and in all other or general relations. Fourth Edition. By Archibald Brown, M.A. Edin. and Oxor.., and B.C.L. Oxon., of the Middle Temple, Barrister-at-Law. In one volume, Svo, price 28s., cloth, THE LAW RELATING TO PUBLIC WORSHIP ; With special reference to Matters of Ritual and Ornamentation, and the Means of Securing the Due Observance thereof, and containing in extenso, with Notes and References, The Public Worship Regulation Act, 1874 : The Church Discipline Act ; the various Acts of Uniformity ; the Liturgies of 1549, 1552, and 1559, compared with the Present Rubric ; the Canons ; the Articles ; and the Injunc- tions, Advertisements, and other Original Documents of Legal Authority. By Seward Brice, LL.D., of the Inner Temple, Barrister-at-Law. 34 STEVENS c~ HAYNES, BELL YARD, TEMPLE BAR. cSicbcns anb gtjagnes' (Scries of gjUprinte of the (Earlg ^Reporters. SIR BARTHOLOMEW SHOWER'S PARLIAMENTARY CASES. In 8vo, 1876, price 4/. 4s., best calf binding, SHOWER'S CASES IN PARLIAMENT RESOLVED AND ADJUDGED UPON PETITIONS cV WRITS OF ERROR. FOURTH EDITION. CONTAINING ADDITIONAL CASES NOT HITHERTO REPORTED. REVISED AND EDITED BY RICHARD LOVELAND LOVELAND, OF THE INKER 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 of counsel, 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.'" — Canada Law Journal. BELLEWE'S CASES, T. RICHARD II. In 8vo, 1869, price 3/. y. , 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 private publishers. The work is an important link edition of Bellewe."— Canada Law Journal. \ in our legal history ; there are no year books of the reign of Richard II., and Bellewe supplied the only "We have here a. facsimile edition of Bellewe, : substitute by carefully extracting and collecting all and it is really the most beautiful and admirable 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 j in the order of subjects, so that the work is a digest interesting monument of our early legal history. | as well as a book of law reports. It is in fact a It belongs to the same class of works as the Year j 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 j and interesting legal memorials of the Middle superior to any of them, and is in this respect 1 Ages."— Z.aw Times. TuTmngham's reports." In 8vo, 1 87 1, price 3/. y., calf antique, Cunningham's (T.) Reports in K. B., 7 to 10 Geo. II.; to which is prefixed 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 are as follows : ' Nothing conduces more to the peace and prosperity of every nation than good laws and the due execution of them.' The history of the civil law is then rapidly traced. Next a history is given of English Reporters, beginning with the reporters of the Year Books from 1 Edw. III. to 12 Hen. VIII.— being near 200 years— and afterwards to the time of the author." — Canada Law Journal. STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 35 cStcbcns anb IJagnw' (Scries of Reprints of the (garljo glcporters. CHOYCE CASES IN CHANCERY. In 8vo, 1870, price 2/. 2J., calf antique, THE PRACTICE OF THE HIGH 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's Cases') 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. ' ' Law books never can die or remain long dead an old volume of Reports may be produced by these so long as Stevens and Haynes are willing to con- modern publishers, whose good taste is only equalled tinue them or revive them when dead. It is cer- by their enterprise."— Canada Law Journal. tainly surprising to see with what facial accuracy BROOKE'S NEW CASES WITH MARCH'S TRANSLATION. In 8vo, 1873, price 4/. 4s., 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 of 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 principal matters. In one handsome volume. 8vo. 1873. Stevens and Haynes have reprinted the two books in one volume uniform with the preceding volumes of the series of Early Reports."— Canada Law "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. Journal. KELYNGE'S (W.) REPORTS. In Svo, 1873, price 4/. 45., calf antique, Kelynge's (William) Reports of Cases in Chancery, the King's Bench, &c, from the 3rd to the 9th year of his late Majesty King George II., during which time Lord King was Chancellor, and the Lords Raymond and Hardwicke 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 8vo, 1873, price 4/. 4J., calf antique, Kelyng's (Sir J.) Reports of Divers Cases in Pleas of the Crown in the Reign of King Charles II., with Directions to Justices of the Peace, and others ; to which are added, Three Modern Cases, viz., Armstrong and Lisle, the King and Plummer, the Queen and Mawgridge. Third Edition, containing several additional Cases never before printed, together with a Treatise upon the Law and Proceed- ings in Cases of High Treason, first published in 1793. The whole carefully revised and edited by Richard Loveland Loveland, of the Inner Temple, Barrister-at-Law. "We look upon this volume as one of the most | goodservice rendered by Messrs. Stevensand Haynes important and valuable of the unique reprints of to the profession. . . . Should occasion arise, the Messrs. Stevens and Haynes. Little do we know I Crown prosecutor, as well as counsel for the prisoner, of the mines of legal wealth that lie buried in the I will find in this volume a complete vade tnecutu of old law books. But a careful examination, either of the law of high treason and proceedings in relation the reports orof the treatise embodied in the volume I thereto."— Canada Law Journal. now before us, will give the reader some idea of the 36 STEVENS &• HAYNES, BELL YARD, TEMPLE BAR. Second Edition, in 8vo, price 26^., cloth, A CONCISE TREATISE ON PRIVATE INTERNATIONAL JURISPRUDENCE, BASED ON THE DECISIONS IN THE ENGLISH COURTS. By JOHN ALUERSON FOOTE, of Lincoln's inn, barrister-at-law ; chancellor's legal medallist and senior whewell scholar OF INTERNATIONAL LAW, CAMBRIDGE UNIVERSITY, 1873 ; SENIOR STUDENT IN JURISPRUDENCE AND ROMAN LAW, INNS OF COURT EXAMINATION, HILARY TERM, 1874. "This work seems 10 us likely to prove of considerable use to all English lawyers who have to deal with questions of private international law. Since the publication of Mr. Wesllake's valuable treatise, twenty years ago, the judicial decisions of English courts bearing upon different parts of this subject have greatly increased in number, and it is full time that these decisions should be examined, and that the conclusions to be deduced from them should be systematically set forth in a treatise. Moreover, Mr. Foote has done this well." — Solicitors' Journal. " Mr. Foote has done his work very well, and the book will be useful to all who have to deal with the class of cases in which English law alone is not sufficient to settle the question."— Saturday Review, March 8, 1879. " The author's object has been to reduce into order the mass of materials already accumulated in the shape of explanation and actual decision on the interesting matter of which he treats ; and to construct a framework of private international law, not from the dicta of jurists so much as from judicial decisions in English Courts which have superseded them. And it is here, in compiling and arranging in a concise form this valuable material, that Mr. Foote's wide range of knowledge and legal acumen bear such good fruit. As a guide and assistant to the student of international law, the whole treatise will be invaluable : while a table of cases and a general index will enable him to find what he wants without trouble." — Standard. " The recent decisions on points of international law (and there have been a large number since Westlake's publication) have been well stated. So far as we have observed, no case of any importance has been omitted, and the leading cases have been fully analysed. The author does not hesitate to criticise the grounds of a decision when these appear to him to conflict with the proper rule of law. Most of his criticisms seem to us very just On the whole, we can recommend Mr. Foote's treatise as a useful addition to our text-books, and we expect it will rapidly find its way into the hands of practising lawyers." — The Journal of Jurisprudence and Scottish Law Magazine. " Mr. Foote has evidently borne closely in mind the needs of Students of Jurisprudence as well as those of the Practitioners. For both, the fact that his work is almost entirely one of Case-law will commend it as one useful alike in Chambers and in Court." — Law Magazine and Review. "Mr. Foote's book will be useful to the student. ..... One of the best points of Mr. Foote's book is the ' Continuous Summary,' which occupies about thirty pages, and is divided into four parts — Persons, Property, Acts, and Procedure. Mr. Foote remarks that these summaries are not in any way intended as an attempt at codification. However that may be, they are a digest which reflects high credit on the author's assiduity and capacity. They are ' meant merely to guide the student ; ' but they will do much more than guide him. They will enable him to get such a grasp of the subject as will render the reading cf the text easy and fruitful." — Law Journal. "This book is well adapted to be used both as a text-book for students and a book of reference for practising barristers." — Bar Examination Journal. "This is a book which supplies the want which has long been felt for a really good modern treatise on Private International Law adapted to the every-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 pages only — and the arrangement 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' Journal. "Since the publication, some twenty years ago, of Mr. Westlake's Treatise, Mr. Foote's book is, in our opinion, the best work on private international law which has appeared in the English language The work is executed with much ability, and will doubtless be found of great value by all persons who have to consider questions on private international law." — Athenceum. STEVENS 6- ffAYNES, BELL YARD, TEMPLE BAR. 37 THE Eato jMaga^tne ant) &etneuj :> AND QUARTERLY DIGEST OF ALL REPORTED CASES. Price FIVE SHILLINGS each Number. No. CCXV1II. (Vol. i, No. I. of the New Quarterly Series.) November, i No. CCXIX. (Vol. I, 4th Series No. II.) February, 1876. N.B. — These two Numbers are out of print. No. CCXX. (Vol. 1, 4th Series No. III.) For May, 1876. No. CCXXI. (Vol. 1, 4th Series No. IV.) For August, 1876. Nos. CCXXII. to CCXLIX. (Vol. 2, 4U1 Series, to Vol. 8, 4th Series, Nos. V. tc XXXII.) November, 1876, to August, 1883. Nos. CCL. to CCLIII. (Vol. 9, 4th Series, Nos. XXXIII. to XXXVI.), November, 1883, to August, 1884. Nos. CCLIV. to CCLVII. (Vol. 9, 4th Series, Nos. XXXVII. to XL.), November, 1884, to August, 1885. Nos. CCLVIII. to CCLXI. (Vol. X., 4 th Series, Nos. XLI. to XLIV.), November, 1885, to August, 1886. Nos. CCLXII. to CCLXV. (Vol. XL, 4 th Series, Nos. XLV. to XLVIIL), November, 1886, to August, 1887. Nos. CCLXVI. to CCLXIX. (Vol. XII., 4 th Series, Nos. XLIX. to LIL), November, 18S7, to August, 1888. Nos. CCLXX. to CCLXXIII. (Vol. XIII. , 4th Series, Nos. LIII. to LV.L), November, 1888, to August, 1889. Nos. CCLXXIV. to CCLXXVII. (Vol. XIV., 4th Series, Ncs. LVII. toLX.), November, 18S9, to August, 1890. Nos. CCLXXVIII. tc CCLXXXI. (Vol. XV., 4 th Series, Nos. LXI. to LXIV.), November, 1890, to August, 1891. Nos. CCLXXXII. to CCLXXXV. (Vol. XVI., 4 th Series, Nos. LXV. to LXVIIL), November, 1891, to August, 1892. Nos. CCLXXXVL to CCLXXXIX. (Vol. XVII., 4 th Series, Nos. LXIX. to LXXII.), November, 1892, to August, 1893. Nos. CCXC. to CCXCiri. (Vol. XVIII., 4th Series, Nos. LXXIII. to LXXVI.).. November, 1893, t0 August, 1894. Nos. CCXCIV. to CCXCVII. (Vol. XIX., 4th Series, Nos. LXXVII. to LXXX.), November, 1894, to August, 1895. Nos. CCXCVIII. to CCCV.(Vols. XX. & XXL, 4 th Series, Nos. LXXXI. toLXXXVIII.), November, 1895, to August, 1S97. 38 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. Fifth Edition, revised and enlarged, 8vo. 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 authority 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 Review. 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. DUT CH LAW . In 1 Vol., 8vo, price 40^., cloth, THE OPINIONS OF GROTIUS, As contained in the Hollandsche Consultatien en Advijsen. Collated, translated, and annotated by D. P. DE Bruyn, B.A., LL.B., Ebden Essayist of the University of the Cape of Good Hope ; Advocate of the Supreme Court of the Colony of the Cape of Good Hope, and of the High Court of the South African Republic. With Facsimile Portrait of Mr. Hugo de Groot. In 2 Vols., Royal 8vo, price 90^., cloth, VAN LEEUWEN'S COMMENTARIES ON THE ROMAN-DUTCH LAW. Revised and Edited with Notes in Two Volumes by C. W. Decker, Advocate. Translated from the original Dutch by J. G. Kotze, LL.B., of the Inner Temple, Barrister-at-Law, and Chief Justice of the Transvaal. With Fac- simile Portrait in the Edition by Decker of 1780. * # * Vol. II. can be had separately, price 50J. In 8vo, price 1^. 6d., net. VOET'S TITLES ON VINDICATIONES AND INTERDICTA, Or the Roman Dutch Law of Actions to Assert Rights of Property, including Injunc- tions and Possessory Actions, translated into English with side-notes ; viz. , Book VI. Titles I. to III., Book VII. Title VI., Book VIII. Title V., Book XX. Title IV, and Book XLIII. Titles I., XVI. to XXXIII. , of Voet's Commentary on the Pandects, with a Scientific and General Introduction, Notes Explanatory of the Roman Civil and Roman Dutch, and English Law, Notes of Ceylon Enactments and Practice, and Decisions of the Supreme Court, Ceylon, etc. By John J. Casie Chitty, Barrister-at-Law, Advocate, High Court, Madras, and Supreme Court, Ceylon. In 8vo, price 42^., cloth, THE JUDICIAL PRACTICE OF THE COLONY OF THE CAPE OF GOOD HOPE AND OP SOUTH AFRICA GENERALLY. With suitable and copious Practical Forms, subjoined to, and illustrating the Practice of the several Subjects treated of. By C. H. Van Zyl, Attorney-at-Law, Notary Public, and Conveyancer, etc. etc. In Crown 8vo, price 31*. 6d., 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.C net, 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 D. G. van der Kessel, Advocate. Translated by C. A. Lorenz, Barrister-at-Law. Second Edition. With a Biographical Notice of the Author by Professor J. De Wal, of Leyden. STEVENS &■» HAYNES. BELL YARD, TEMPLE BAR. 39 THE Bar Examination Annual FOR 1894. (In Continuation of the Bar Examination Journal.) Price 35. EXAMINATION PAPERS, 1893 for Pass, Honors, and Barstow Scholarship. RESULT OF EXAMINATIONS. NAMES OF SUCCESSFUL CANDIDATES. EXAMINATION REGULATIONS FOR 1894. A GUIDE TO THE BAR. LEADING DECISIONS AND STATUTES OF 1894. NEW BOOKS AND NEW EDITIONS. W. D. EDWARDS, LL.B., of Lincoln's inn, barrister-at-law. In 8vo, price l8.r. each, cloth, THE BAR EXAMINATION JOURNAL, VOLS. IV.,V., 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 Property, and a Synopsis of Recent Legis- lation of importance to Students, and other information. By A. D. TYSSEN and W. D. EDWARDS, Barristers-at-Law. In 8vo, price 8s., cloth, SHORT PRACTICAL COMPANY FORMS. By T. Eustace Smith, of the Inner Temple and Lincoln's Inn, Barrister-at-Law, Author of " A Summary of the Law of Companies," etc., assisted by Roland E. Vaughan Williams, of the Inner Temple, Barrister-at-Law. REVIEW. " This collection of Company Forms should certainly prove of service to secretaries, directors, and others interested in the practical working of companies. . . . The forms themselves are short and to the point." — Law Times. Sixth Edition. In 8vo, price o.r. cloth, A SUMMARY OF JOINT STOCK COMPANIES' LAW. By T. EUSTACE SMITH, OF THE INNER TEMPLE, BARRISTER-AT-LAW " The author of this handbook tells us that, when an articled student reading for the final examina- tion, he felt the want of such a work as that before us, wherein could be found the main principles of law relating to joint-stock companies . . . Law students may well read it ; for Mr. Smith has very wisely been at the pains of giving his authority for all his statements of the law or of practice, as applied to joint-stock company business usually transacted in solicitors' chambers. In fact, Mr. Smith has by his little book offered a fresh inducement to students to make themselves — at all events, to some extent — acquainted with company law as a separate branch of study." — Law Times. "These pages give, in the words of the Preface, ' as briefly and concisely as possible a genera view both of the principles and practice of the law affecting companies.' The work is excellently printed , and authorities are cited ; but in no case is the very language of the statutes copied. The plan is good, and shows both grasp and neatness, and, both amongst students and laymen, Mr. Smith's book ought to meet a ready sale."— Law Journal. " Thebook is one from which we have derived a large amount of valuable information, and we can heartily and conscientiously recommend it to our readers." — Oxford and Cambridge Undergra- duates' Journal. 40 STEVENS &* HAYNES, BELL YARD, TEMPLE BAR. In 8vo, Sixth Edition, price Qs., cloth, THE MARRIED WOMEN'S PROPERTY ACTS; 1870, 1874, 1882 and 1884, With Copious and Explanatory Notes, and an Appendix of thk Acti relating to married women. By Archibald Brown, M.A., Edinburgh and Oxon., and the Middle Temple, Barrister-at-Law. Being the Sixth Edition of The Married Women's Property Acts. By the late J. R. Griffiths, B.A. Oxon., of Lincoln's Inn, Barrister- at-Law. " Upon the whole., we are of opinion that this is the best work upon the subject which has been issued since the passing of the recent Act. Its position as a well-established manual of acknowledged worth gives it at starting a considerable advantage over new books ; and this advantage has been well maintained by the intelligent treatment of the Editor." — Solicitors' Journal. "The notes are full, but anything rather than tedious reading, and the law contained in them is good, and verified by reported cases. ... A distinct feature of the work is its copious index, practically a summary of the marginal headings of the various paragraphs in the body of the text. This book is worthy cf all success." — Law Magazine. In 8vo, price lis. , cloth, THE LAW OF NEGLIGENCE. SECOND EDITION. By Robert Campbell, of Lincoln's Inn, Barrister-at-Law, and Advocate of the Scotch Bar. " No less an authority than the late Mr. Justice new edition brought down to date. It is indeed an Willes, in his judgment in Oppenlieim v. White able and scholarly treatise on a somewhat difficult Lion Hotel Co., characterised Mr. Campbell's branch of law, in the treatment of which the ' Law of Negligence ' as a 'very good book ;' and author's knowledge of Roman and Scotch Juris- since very good books are by no means plentiful, prudence has stood him in good stead. We con- when compared with the numbers of indifferent ndently recommend it alike to the student and the ones which annually issue from the press, we think practitioner." — Law Magazine. the profession will be thankful to the author of this In 8vo, price \os. 61. net. THE LAW AND PRIVILEGES RELATING TO THE ATTORNEY-GENERAL AND SOLICITOR-GENERAL OF ENGLAND, with a History from the Earliest Periods, and a Series of King's Attorneys and Attorneys and Solicitors-General from the reign of Henry III. to the 60th of Victoria. By J. W. Norton-Kyshe, of Lincoln's Inn, Barrister-at-Law. BIBLIOTHECA LEGUM. In i2mo (nearly 400 pages), price 2s. , cloth, A CATALOGUE OF LAW BOOKS. Including all the Reports in the various Courts of England, Scotland, and Ireland ; with a Supplement to December, 1884. By Henry G. Stevens and Robert W. IIaynes, Law Publishers. In small 4to, price 2s., cloth, beautifully printed, with a large margin, for the special use of Librarians, CATALOGUE OF THE REPORTS IN THE VARIOUS COURTS OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND, arranged both in alpha- betical &-> CHRONOLOGICAL ORDER. By Stevens & Haynes, Law Publishers. STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. 41 Second Edition, much enlarged, in Svo, price 20s., cloth, CHAPTERS ON THE LAW RELATING TO THE COLONIES. To which are appended Topical Indexes of Cases decided in the Privy Council on Appeal from the Colonies, Channel Islands and the Isle of Man, and of Cases relating to the Colonies decided in the English Courts otherwise than on Appeal from the Colonies. By CHARLES JAMES TARRING, M.A., ASSISTANT JUDGE OF H.B.M. SUPREME CONSULAR COURT, CONSTANTINOPLE, AND H.M.'S^ CONSUL J AUTHOR OF "BRITISH CONSULAR JURISDICTION IN THE EAST," "a TURKISH GRAMMAR, ETC. CONTENTS. Table of Cases Cited. Chapter IV.— The Judiciary and the Bar. Table of Statutes Cited. Chapter V.— Appeals from the Colonies. Chapter VI.— Imperial Statutes relating tu the Introductory. — Definition of a Colony. Colonies. Chapter I.— The laws to which the Colonies are , Section i.— Imperial Statutes relating to the subject. Colonies in general. Section 1.— In newly-discovered countries. Section 2.— Subjects of Imperial Legislation Section 2.— In conquered or ceded countries. relating to the Colonies in Section 3.— Generally. general. Chapter II.- The Executive. Section 3.— Imperial Statutes relating to par- Section 1.— The Governor. ticular Colonies. A. — Nature of his office, power, and _, duties. Topical Index of Cases decided in the Privy B.—Liability to answer for his acts. Council on appeal from the Colonies, the I.— Civilly. Channel Islands, and the Isle of Man. 1. a.— In the courts of his Govern- Index of some Topics of English Law dealt with nient. in the Cases. . b.— In the English courts. Topical Index of Cases relating to the Colonies 2.— For what causes of action. decided in the English Courts otherwise than on II. — Criminally. appeal from the Colonies. Section 2.— The Executive Council. , Index of Names of Cases. Chapter III. — The Legislative Power. Section 1.— Classification of colonies. \ Appendix I. Section 2. — Colonies with responsible govern- — II. ment. Section 3. — Privileges and powers of colonial General Index. Legislative Assemblies. In 8vo, price ioj-., cloth, THE TAXATION OF COSTS IN THE CROWN OFFICE. COMPRISING A COLLECTION OF BILLS OF COSTS IN THE VARIOUS MATTERS TAXABLE IN THAT OFFICE; INCLUDING COSTS UPON THE PROSECUTION OF FRAUDULENT BANKRUPTS, AND ON APPEALS FROM INFERIOR COURTS ; TOGETHER WITH A TABLE OF COURT FEES, AND A SCALE OF COSTS USUALLY ALLOWED TO SOLICITORS, ON THE TAXATION OF COSTS ON THE CROWN SIDE OF THE QUEEN'S BENCH DIVISION OF THE HIGH COURT OF JUSTICE. By FREDK. H. SHORT, CHIEF CLERK IN THE CNOWN OFFICE. "This is decidedly a useful work on the subject of those costs which are liable to be taxed before the Queen's Coroner and Attorney (for which latter name that of ' Solicitor' might now well be substituted), or before the master of the Crown Office ; in fact, such a book is almost indispensable when preparing costs for taxation in the Crown Office, or when taxing an opponent's costs. Country solicitors will find the scale relating to bankruptcy prosecutions of especial use, as such costs are taxed in the Crown Office. The 'general observations' constitute a useful feature in this manual." — Law Times. "The recent revision of the old scale of costs in the Crown Office renders the appearance of this work particularly opportune, and it cannot fail to be welcomed by practitioners. Mr. Short gives, in the first place, a scale of costs usually allowed to solicitors on the taxation of costs in the Crown Office and then bills of costs in various matters. These are well arranged and clearly printed."— Solicitors' Journal. 42 STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. Tust Published, in 8vo, price "js. 6d., cloth, BRITISH CONSULAR JURISDICTION IN THE EAST, WITH TOPICAL INDICES OF CASES ON APPEAL FROM, AND RELATING TO, CONSULAR COURTS AND CONSULS ; Also a Collection of Statutes concerning Consuls. By C. J. TARRING, M.A., ASSISTANT-JUDGE OF H.B.M. SUPREME CONSULAR COURT FOR THE LEVANT. In one volume, 8vo, price 8s. 6d., cloth, A COMPLETE TREATISE UPON THE NEW LAW OF PATENTS, DESIGNS, & TRADE MARKS, CONSISTING OF THE PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883, WITH THE RULES AND FORMS, FULLY ANNOTATED WITH CASES, &c. And a Statement of the Principles of the Law upon those subjects, with a Time Table and Copious Index. By EDWARD MORTON DANIEL, of Lincoln's inn, barrister-at-law, associate of the institute of patent agents. In 8vo, price 8s., cloth, The TRADE MARKS REGISTRATION ACT, 1875, | And the Rules thereunder ; THE MERCHANDISE MARKS ACT, 1862, with an Introduction containing a SUMMARY OF THE LAW OF TRADE MARKS, together with practical Notes and Instructions, and a copious Index. By Edward Morton Daniel, of Lincoln's Inn, Barrister-at-Law. Second Edition, in one volume, 8vo, price 16s., cloth, A CONCISE TREATISE ON THE STATUTE LAW OF THE LIMITATIONS OF ACTIONS. With an Appendix of Statutes, Copious References to English, Irish, and American Cases, and to the French Code, and a Copious Index. By HENRY THOMAS BANNING, M.A., OF the inner temple, barrister-at-law. "The work is decidedly valuable." — Law Times. " Mr. Banning has adhered to the plan of printing the Acts in an appendix, and making his book a running treatise on the case-law thereon. The cases have evidently been investigated with care and digested with clearness and intellectuality." — Law Journal. In 8vo, price is., sewed, AN ESSAY ON THE ABOLITION OF CAPITAL PUNISHMENT. Embracing m ore particularly an Enunciation and Analysis of the Principles of Lazv as j applicable to Criminals of the Highest Degree of Guilt. By WALTER ARTHUR COPINGER, OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW. Sixth Edition, in 8vo, price 31^. 6d., cloth, THE INDIAN CONTRACT ACT, No. IX., of 1872. TOGETHER WITH AN INTRODUCTION AND EXPLANATORY NOTES, TABLE OF CONTENTS, APPENDIX, AND INDEX. By H. S. CUNNINGHAM and H. H. SHEPHERD, BARRISTERS- AT-LAW. STEVENS &* HAYNES, BELL YARD, TEMPLE BAR. 43 Second Edition, in 8vo, price 15^., cloth, LEADING CASES and OPINIONS on INTERNATIONAL LAW COLLECTED AND DIGESTED FROM ENGLISH AND FOREIGN REPORTS, OFFICIAL DOCUMENTS, PARLIAMENTARY PAPERS, and other Sources. With NOTES and EXCURSUS, Containing the Views of the Text-Writers on the Topics referred to, together with Supplementary Cases, Treaties, and Statutes ; and Embodying an Account of some of the more important International Trans- actions and Controversies. By PITT COBBETT, M.A., D.C.L., OF GRAY'S INN, BARRISTER-AT-LAW, PROFESSOR OF LAW, UNIVERSITY OF SYDNEY, N.S.W. "The book is well arranged, the materials well "The notes are concisely written and trust - , t j j .* ,i • ^ t\ t 1 worthv. . . . The reader will learn from them a selected, and the comments to the point. Much wormy. • • • • J-" c icjuc. ""*"-" " , . . | great deal on the subject, and the book as a will be found in small space in this book."— Law i wno le seems a convenient introduction to fuller and Journal. I more systematic works." — Oxford Magazine. Second Edition, in royal 8vo. 1100 pages, price 455., cloth, STORY'S COMMENTARIES ON EQUITY JURISPRUDENCE. Second English Edition, from the Twelfth American Edition. By W. E. GRIGSBY, LL.D. (Lond.), D.C.L. (Oxon.), AND OF THE INNER TEMPLE, BARRISTER-AT-LAW. " It is high testimony to the reputation of Story, and to the editorship of Dr. Grigsby, that another edition should have been called for. . . . The work has been rendered more perfect by additional indices." — Law Times. Second Edition, in 8vo, price 8s., 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 Appendix containing Judgments and Orders. By W. Gregory Walker, B.A., of Lincoln's Inn, Barrister-at-Law. "This is a very good manual — practical, clearly 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." — Solicitors' Journal. Walker, and in his notes to the various sections he Second Edition, in 8vo, price zzs., cloth, A TREATISE ON THE LAW AND PRACTICE RELATING TO INFANTS. By ARCHIBALD H. SIMPSON, M.A., of Lincoln's inn, barrister-at-law, and fellow of Christ's college, Cambridge. SECOND EDITION. By E. J. Elgood, B.C.L., M.A., of Lincoln's Inn, Barrister-at-Law. "Mr. Simpson's book comprises the whole of the law relating to infants, both as regards their per- sons and their property, and we have not observed yet in comparatively little space. The result is due mainly to the businesslike condensation of his style. Fulness, however, has by no means been any very important omissions. The author has , sacrificed to brevity, and, so far as we have been evidently expended 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' Journal. able to test it, the work omits no point of any im- portance, from the earliest cases to the last. In the essential qualities of clearness, completeness, and orderly arrangement it leaves nothing to be "Its law is unimpeachable. We have detected desired no errors, and whilst the work might have been | " Lawyers in doubt on any point of law or prac- done more scientifically, it is, beyond all question, \ tice will find the information they require, if it can a compendium of sound legal principles." — Law \ be found at all, in Mr. Simpson's book, and a Times. \ writer of whom this can be said may congratulate " Mr. Simpson has arranged the whoteof the Law ! himself on having achieved a considerable success." relating to Infants with much fulness of detail, and ! — Law Magazine, February, 1876. 44 STEVENS & HAYNES, BELL YARD, TEMPL.E BAR. I . In one volume, royal 8vo, 1877, price 305., cloth, THE DOCTRINES & PRINCIPLES OF THE LAW OF INJUNCTIONS. By WILLIAM JOYCE, of Lincoln's inn, barrister-at-law. "Mr. Joyce, whose learned and exhaustive work on 'The Law and Practice of Injunctions has gained 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 Review. BY THE SAME AUTHOR. In two volumes, royal 8vo, 1872, price 70^., cloth, THE LAW & PRACTICE OF INJUNCTIONS. EMBRACING ALL THE SUBJECTS IN WHICH COURTS OF EQUITY AND COMMON LAW HAVE JURISDICTION. By WILLIAM JOYCE, of Lincoln's inn, earrister-at-law. KEVIEWS. " 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 emitted which could tend towards the elucidation and exemplifi- cation of the general principles of the Law and Practice of Injunctions." — Law Journal. " 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 applicable. 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 200 pages. The work is probably entirely exhaustive." — La%u 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 incalculable 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 to 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 deserves great credit for the very great labour bestowed upon it. The publishers, as usual, have acquitted themselves in a manner deserving of the high reputation they bear."— Canada Law Journal. " A 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 woik of permanent utility and fame." — Law Magazine and Review. " 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 oj valuable and technical matter nowhere else collected. STEVENS &>* HAYNES, BELL 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 inn, s.-g., q.c, m.p. " Mr. Clarke's accurate and sensible book is the wants to learn the principles and practice of the best authority to which the English reader can ' law of extradition will be greatly helped by Mr. turn upon the subject of Extradition." — Saturday ' Clarke. Lawyers v/ho have extradition business Review. _ ; will find this volume an excellent book of reference. "The opinion we expressed of the merits of this Magistrates who have to administer the extradition work when it first appeared has been fully justified law will be greatly assisted by a careful perusal of by the reputation it has gained. It is seldom we 'Clarke upon Extradition.' This may be called a come across a book possessing so much interest to warm commendation, but those who have read the the general readerand at the same time furnishing so book will not say it is unmerited."— Law Journal. useful a guide to the lawyer."— Solicitors' Journal. The Times of September 7, 1874, in a long "The appearance of a second edition of this article upon "Extradition Treaties," makes con- treatise does not surprise us. It is a useful book, siderable use of this work and writes of it as " Mr. well arranged and well written. A student who Clarke's useful Work o?i Extradition." In 8vo, price 2s. 6 4°- Griffiths (J. R. ), 40- Grigsby (W. E.), 43- Grotius (Hugo), 38. Hall (R. G.), 3°- Hanson (A.), 10. Hardcastle (H.), 9> 33- Harris (Seymour F.), 20, 27. Harris (W. A.), 47- Harrison (J. C). 23. Harwood (R. G.), 10. Hazlitt (W.), 29. Joyce (W. ), 44. Kotze (J. G.), 38. HlGGINS (C), 3°- Houston (J. ), 32. Hudson (A. A.), 12. Hurst (J.), 11. Indermaur (John), 24, 25, 2S. Inderwick, 11. Jones (E.), 47. Kay (Joseph), 17. Kelke(W. H.), 6. Kelyng (Sir J.), 35 Kelynge (W.), 35. Lloyd (Eyre), 13. Lorenz (C. A), 38. Loveland (R. L.), 34, 35. Lyon-Caen (Charles), 32. Maasdorp (A. F. S.), 38. McNaughton (D. N.), 19. Macaskie (S. C), 7. Mansfield (Hon. J. W. ), 17 March (John), 35. Marcy (G. N.), 26. Martin (Temple C), 7, 4 6 - Mattinson (M. W.), 7. May (H. W.), 29. Mayne (John D.), 31, 38. Mellor (F. H.), 10. Moore (S. A.), 30. Norton-Kyshe, 40. O'Malley (E. L.), 33 Pavitt (A.), 32. Pemberton (L. L.) Phipson (S. L.), 20 Porter (J. B.), 6. Ratanlal, 26. Reilly(F. S.), 29. Ringwood (R.), 13, Rowlatt (S. A. T. Salkowski (C), 14. Salmon d (J. W.), 13. Savigny (F. C. Von), 20. Scott (C. E.), 32. Seager (J. R.), 47- Shepherd (H. H.}, 42. Short (F. H.), 10, 41. Shortt (John), 47. Shower (Sir B.), 34. Simpson (A. H.), 43. Slater (J.), 7. Smith (Eustace), 23, 39. Smith (F. J.), 6. Smith (Lumley), 31. Snell (E. H. T.), 22. Story, 43. Tarring (C. 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