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Hoyal 8vo. -JGs. boards. % PREVALENCE OF EQUITY, Under the 25th section OF THE JUDICATURE ACT, 1873, AMENDED BY THE JUDICATUEE ACT, 1875. BY CHARLES FRANCIS TROWER, ESQ., M.A., OF THE INNER TEMPLE, BARRISTER-AT-LAW, LATE FELLOW OP EXETER COLLEGE, AND VINERIAN LAW SCHOLAR, OXFORD. Author of" The Law of Debtor and Creditor" and of" The Law of the Building of Churches and Divisions of Parishes." LONDON: BUTTEKWORTHS, 7, FLEET STREET, ILafo Pu&Usfjets to 0)t ffiuecn'a most crtrllcnt fHajpstu. T. & T. CLARK and BELL & BRADFUTE, EDINBURGH. SMITH & SON, GLASGOW. HODGES, FOSTER & CO., GRAFTON STREET, DUBLIN. THACKER, SPINK & CO., CALCUTTA. THACKER, VINING & CO., BOMBAY. GEORGE ROBERTSON, MELBOURNE. 1876. r n Kilo LONDON: I'MNTi:i> l'.Y ('. BOWOETH AM) SONS, i:\vi i in BTBEET, W.O. {? * PREFACE. Eight and twenty years ago I protested, with all the energy I could command, in a Pamphlet,* by some thought Utopian, by others premature, against the intolerable nuisance and unphilosophical absurdity of a Distinct Administration of Law and Equity. To-day, I find myself sitting down to edit a portion of an Act for its abolition ! I confine myself to a single section (25). It alone has " amended and declared the Law to be hereafter administered in England," with reference to those great Principles of Equity, which are universally to " prevail." The rest of the Act is Procedure chiefly. It is hoped the following pages may be useful at least to the Common Law Branch of the Profession, which finds itself called on now for the first time to apply those Principles to Practice. I have thought it sufficient to verify propositions by a reference to a single case, or good text book which has * The Anomalous Condition of English Jurisprudence, Hatchard & Sons, London, 1848, 783163 IV PREFACE. collected the cases; as a multiplicity of authorities, like time-pieces in a clock-maker's shop, tends only to distract. To facilitate reference, I have stated in the notes the particular page of such judgments as establish an important position. I have also attempted to define terms which seemed to require it; and that, as soon after using them, as the state of the context has allowed — feeling strongly that definition is of the essence of all scientific investigation. In Chapters III., VI., VII. and X., I have been largely indebted to Mr. Tudor's invaluable work on " The Leading Cases in Equity." I have dispensed with side notes, and preferred the more exhaustively logical analysis, by letters and figures, adopted by Bacon, Viner, Comyns and others. The reader's attention is, however, earnestly entreated to the directions on p. x, fronting Ch. I; with it, he will, I think, be able to easily "read off" each subject, and find his particular point ; but without it, he may perhaps charge with obscurity the compressed style purposely adopted by me, as being that in which any Code of Law must eventually express itself — for to a Code, I trust and believe, we are last tending. 7, Ni.w Squabe, Lincoln' i ■•>, March, 1876. ( v ) TABLE OF CONTENTS. CHAPTER I. PAGE Administration of Insolvent Estates . . . . . . 1 CHAPTER II. Statutes of Limitation inapplicable to Express Trusts 11 CHAPTER III. On Equitable Waste . . . . . . . . . . . . 22 CHAPTER IV. On Merger and Extinguishment . . . . . . . . 34 CHAPTER V. Suits -bv Mortgagors entitled to Possession . . . . 43 CHAPTER VI. Absolute Assignments of Choses in Action , . , . 45 CHAPTER VIL On Unessential Stipulations . . . . . . . , . . 65 VI TABLE OF CONTENTS. CHAPTER VIII. page Ox Mandamus, Injunction and Receivers . . . . . . 75 CHAPTER IX. Damages for Collision of Vessels at Sea . . . . . . 80 CHAPTER X. On tiie Custody and Education of Infants. . .. ..82 CHAPTER XL Cases of Conflict not enumerated . . . . . . . . 92 Index 93 ( vii ) TABLE OF CASES. A. ^ r PAGE ■ PAGE Coppinger v. Gubbins 23 Adams v. Hallett .. 48 Courtois v. Vincent , . 87 Adderley v. Dixon 52 Cowles c. Gale 68 Agra & Masterman's Bank, In re 60 Croft v. Goldsmid 73 Andrews, In re . . 84 91 Curtis v. Curtis Si 85 ■!• S'llf" rton Lane v. I lighten Lanoy v. Duke of Athol . . Leedc I Dnkeof) v, Amherst l 1 Bi ifl li ■■' ca '■ Life A ociatlon of Scotland Biddall I.i- . -i\ v. I larding Lloyd, In re 19 3 i IK ,33 19 62 86 PAGE Lloyd v. Bankes . . . . 53 London (Bishop of) v. Web . . 28 Long r. Fletcher . . . . 74 Lovat (Lord) v. Leeds (Duchess) 32 Lowndes v. Bettle.. 24, 76, 77, 78 Lumb v. Milnes .. .. ..63 Lush's Trusts, In re . . 62 Lushington v. Boldero . . 29, 33 Lyons v. Blenkin . . . . 85, 89 M. Macdonnel v. White , . 14 20 MacFadden v. Jenkyns . . 49 Macher t . Foundling Hospital , , 73 Madeley v. Booth . . 74 ilahon (Lord) v. Stanhope (Eai i) 28 Mangles v. Dixon . . 46, 59 Mansell •. Mansell 14 15 Marker 1 . Marker . . . , . . 26 Mason v. Bogg . . 6 Mendes 1 . Mendes. . 88 Mickleth wait v. Mickleth wait 26 ,27 29 Miller v. Harrison . . . . 49 50 Milroy v. Lord 11, 49, 50, 51 Mitford >. Mitford , , , , 61 Monro v. Taylor .. , . 66 Morgan v. Malleson 50 M or ley v . Morley . . 40 11 Mountt'ort, Ex parte . . . . 88 Murray 1 . Lord Elibank • • .. 62 N. Newbery, In re Newman v. Rogers North, In re Nott v. Riccard Nurse v. Yarworth . . O. Obee v. Bishop ()rd v. White ( hinoiide r. Kynnersley ( (shorn v. Morgan . . Otter v. Vaux Parker r. Ince Parkin /'. Thorold ■ . PatersOD V. Murphy Paul v. I >udley I'eacliy r. Duke of Somerset Pease v. Fletcher .. Pegg v. Wisden Penny v. Allen Pentland v. Somerville Perrol v. Perrot Petre v. Pel re Phillipo V. Munnings Phillips r. Barlow. . .. 87 . . .. (18 . . .. 89 .. 67 •• .. 36 .. 17 .. 58 . . 30 .. 62 •• .. 42 .. 10 . . 68 . . 53 .. 40 set 70, 72 . . 79 .. 67 .. 21 23, 27 .. 27 .. 11 .. 17 .. 31 Table of Cases. IX Phillips v. Gutteridgc v. Homfrey v. Phillips . . Pidgeley v. Rawlins Pierce v. Thornely Piers v. Piers Potts v. Norton Proudley v. Fielder Purdew v. Jackson Pye, Ex parte R. PAGE ,. 42 ,. 74 ,. 39 . 32 . (53 . 26 . 85 . CO . 61 . 49 Rex v. Isley Rice v. Rice Richards r. Delbridge v. Richards Richardson v. Richardson Roberts v. Berry . . Robinson v. Loi'd Byron . v. Page . . Rocke, Ex parte . . Rodger v. The Comptoir compte de Paris . . Rolfe v. Peterson . . Rushforth v. Hadfield Ryall r. Rowles • . Ryder v. Ryder .. 91 55,57 49,50 .. 42 49, 67 d'Es- ,. 60 .. 71 ..2,3 3, 52, 54 .. 82 Saunders v. Bournford . . 37 Saxe, Ex parte . . . . . . 9 Scott v. Lord Hastings . . 56 v. Spashett 62 Seagram v. Knight . . . . 31 Seton v. Slade . . . . 65, 67 Shelley v. Westbrooke . . 85 Shrewsbury v. Shrewsbury . . 40 Sloman v. Walter 72 Smith v. Bate 88 v. Clay 20 South, E.v parte . . . . 52 Sowerby v. Brooks . . 55 Spalding v. Ruding . . 59 Sparks v. Liverpool Waterworks . . 73 Spirett v. Willows . . . . . . 62 Stackhouse v. Baruston . . . . 19 Stansfield v. Habergham . . 22 Stephens v. Bridges . . 34 Stokes v. Russell . . . . 44 Storke v. Storke 88 Stourton v. Stourton . . 90 Stuart v. Cockerell . . . . 52 Stuart v, Bute (Marquess of) Sturgis v. Champneys Suttor, In re Swan, Ex parte .. T. Talbot v. Earl of Shrewsbury Tate v. Leithead Thompson r. Hudson Thorn v. Newman Tibbits r. George Tierney v. Wood Tilley v. Thomas . . . . i)ii, Tooke V. Annesley Toulmin v. Steere Trent r. Hunt Turner v. Wright. . . . 22, PAGE . 83 . 62 . 82 . 59 88, 89 . . 53 .. 70 . . 38 . . 51 49, 54 66, 68 . . 31 .. 41 .. 43 25, 26 U. Udal v. Udal Union Bank of Manchester, Ex parte Van Heythnysen, Ex parte Vane v. Lord Barnard Vansittart v. Vansittart . . Vennall v. Garner Villareal r. Mellish Vincent r. Spicer 29 ^7 9 26 84 80 86 24 W. Waldo r. Waldo .. .. 31,32 Wallace v. Auldjo . . 62 Walsh r. Whitcomb . . . . 52 Warriner v. Rogers . . 50 Watts v. Symes . . . . . . 4 Way's Trusts, In re . . 53, 57 Webb v. Hughes . . . . e,G, 69 Welbeck case . . . . 33 Weldon v, Gould . . . . . . 3 Wellesley v. Duke of Beaufort . . 83 r. Wellesley . . . . 91 Wells v. Maxwell . . ' . . . . CG Whittle ?•. Henning . . 38, 60 Whorwood r. Simpson .. .. 69 Willes v. Greenhill . . . . 58 Withy v. Cottle 68 Wombwell v. Bellasyse . . 27 Wyndham v. Earl of Egremont . . 40 ERRATUM. Page 65, note (/). — For " Boalun" read " JBoehm." T. ( x ) DIRECTIONS TO THE READER. Paragraphs headed by small letters within brackets, thus (a), (b), &c, are logical subdivisions of those headed by small Roman numerals within brackets, thus (ii.), (iii.)> (iv.), &c. ; which are subdivisions of those headed by Arabic numerals, thus, 1, 2, 3, &c; which, again, are subdivisions of those headed by Roman numerals, thus, I., II., III., &c. ; which, lastly, are subdivisions of those headed by Capital letters within square brackets, as [A.], [BJ, &c. These last are also employed, when the ipsissima verba of the Acts are quoted. OF THE PREVALENCE OF EQUITY, &C. Chapter I. ON THE ADMINISTRATION OF INSOLVENT ESTATES. 38 & 39 Vict. c. 77, sect. 10. "In the administration by the Court of the assets of any person who may die after the commencement of this AcV (i. e., 1 Nov. 1875) (a), (l and whose estate may prove to be insufficient for the payment in full of his debts and liabilities, and in the winding-up of any company under the Companies Acts, 1862 and 1867, ivhose assets may prove to be insufficient for the payment of its debts and liabilities and the costs of winding-up, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being under the law of bank- ruptcy with respect to the estates of persons adjudged bankrupt ; and all persons, who in any such case would be entitled to prove for, and receive, dividends out of the estate of any such deceased person, or out («) 38 & 30 Vict. c. 77, s. 2. 2 The Prevalence of Equity. of the assets of any such estate, may come in under the decree or order for the administration of such estate, or under the winding-up of such estate, and make such claims against the same as they may re- spectively be entitled to by virtue of this Act." [A.] _ " For the Payment in full of his Debts and Liabilities.'''' The Act does not define " debts" or " liabilities ;" it is presumed, therefore, that the interpretation of them, such as it is, in the Bankruptcy Act, 1869 (b), applies. [B.] " Rights of Secured and Unsecured Creditors.'''' (I.) TVho are Secured Creditors. A "secured creditor" (adopting the definition thereof in the Bankruptcy Act, 1869, which, it is presumed, is the one to be adopted here) is one holding any mortgage, charge or lien on the bankrupt's estate, or any part thereof, as a security for a debt due to him (c), and includes a creditor who has levied execution, by seizure only, under aji.fa. (d). A u lien" is either a common law (/. e., a retaining) lien, where the owner of the lien has possession of the property, or an equitable (/. e., a non-retaining) lien, where the owner has not possession of the property. A "retaining" lien is the right to retain possession of a moveable chattel till a debt due from the owner of the chattel to the possessor is paid (e), and is either — Particular — (which is favoured in our courts) (f), (/>) 32 & :;:; Vict. c. 71, h. I, 31. O) Per Grose, .1., in Hammond v. (r) H,ul. s. L6, para. 5. Barolay, 2 Bast, 235. (-/) /:./■ •parte Roche, <; Ch. 796. (/) Ruahforth v. Eadfield, 7 East, 227. Administration of Insolvent Estates. 3 i.e., a lien on specific goods for specific charges (y) (i. e., incurred about those very goods). General — (which is disfavoured) (h), i. e., a lien (still on specific goods) extending to a general balance due to the creditor for work done, or money expended, in a particular business, but not necessarily on the very goods (i). The principal "non-retaining liens," and which attach to real as well as personal estate (k), are — Judgments entered up one year before the bank- ruptcy (/), if the land has been delivered in execution and the writ of execution registered (m). Vendor's lien for unpaid purchase money (?i) of real estate. Assignments for value of equitable choses in action (o ). Covenants to settle particular property (/>). Assignments for value (by the owner) of goods in the hands of his agent or consignee having notice of the assignment (q). Cestui que trust's interest in lands purchased with trust monies (r). A pawn or pledge (which seem the same, and to be included under " mortgage," though they differ from it and "lien") is confined to personal chattels, and passes to the pawnee only the possession, or at most only a special property in them. The pawnee has a right to sell without any express power, and the pawner has all his life to redeem in, if no time is named for (g) Weldon v. Gould, 3 Esp. 208. (o) By all v. Bowles, lVcs. SIS ; and (A) 7 East, 227. see infra, Ch. VI. (i) 3 Esp. 268. O) Freemoult v. Dedire, 1 P. (k) Houghton v. Matthews, 3 B. & Wms. 429. P. 485. ( Ibid. (//) Walts v.Symes,\ DeG.,M. & (ij Fisher on Mortgages (2nd ed.), G. 246. p. 649. {:) Bankrnptcy Act, 1869, s. 40. (V; l.uiioij v. D.o/Athol,2 Atk.4 16. Administration of Insolvent Estates. 5 the value of, their security, have a dividend for the balance in the manner and at the time prescribed (a) (i.e., by the General Bankruptcy Rules). (v.) They may " rest," or rely, on their securities (b) (i. e. do nothing), unless the trustee in bankruptcy redeem them, as lie may, before realization, at the value at which, if proceeding afterwards to proof (as they may) for the balance due to them after deducting such value, they must have estimated them (c). In this case they must pay over to the trustee, on a subsequent realization, any surplus beyond (d), but may not increase proof for any deficiency (e) below, such estimated value. (vi.) They may apply to the Court of Bankruptcy to realize the security, and prove as creditors for the de- ficiency (f) which it fails to realize, and receive divi- dends on such deficiency, rateably with the other creditors, not disturbing former dividends (g.) The Court shall thereupon inquire whether the creditor is entitled to the security, for what consideration, and under what circumstances ; and if he is found mort- gagee, or entitled to such security, and no sufficient objection to his title appear, shall take account of the principal, interest and costs, and of the rents and profits, or dividends, and interest or other proceeds, received by or for him if in possession, and shall give notice in public papers when and where, and by whom and in what way, the property is to be sold ; and such sale is to be made, and the trustee to conduct it (h). All proper persons to join in conveyance (i), and the proceeds to go to pay (a) Bankruptcy Act, 1869, s. 40. (e) Ibid. No. 101. (b) Robson, 277. (/) Ibid. No. 78. (c) Bankruptcy Rules, 1869, Nos. 99, (/) What are, see Chap. VIL 8 The Prevalence of Equity ', than by contract or promise, to which the bankrupt is subject at the adjudication order, or may become subject to during the bankruptcy by any obligation incurred prior to such order, are debts provable in bankruptcy, and may be proved in the prescribed manner before the trustee in bankruptcy (.r). " Debt provable in bankruptcy" includes any debt or liability by the Bankruptcy Act made provable in bankruptcy (y). Liability includes — Compensation for work or labour done. Obligations, or the possibility thereof, to pay money or money's worth on the breach of any express or im- plied engagement, agreement, or undertaking to pay, or capable of resulting in the payment of, money or money's worth, whether such payment be, as respects amount, fixed or unliquidated ; as respects time, pre- sent or future, certain or dependent on any con- tingency or contingencies ; as to mode of valuation, capable of being ascertained by fixed rules, or assess- able only by a jury or as matter of opinion (z). As "debts and liabilities provable" are either the " rights of secured or of unsecured creditors," it does not seem easy to see any difference between the two sets of expressions. [D.] " As to the Valuation of Annuities." " Annuities" (if they are not debts, as they are said not to be, save as to their arrears, unless secured by bond (a) ) would seem to be comprised, if at all, under (x) Iiimkniptcy Act, 18C,f», s. !!l. {:) //'it/, s. 81. ( y , //,,,/ i (,/) PerSir J.Cn-ss, 2 Mont. & A.523. Administration of Insolvent Estates. 9 the large but loose interpretation of " liabilities" given above. The Lord Chancellor, with the advice of the Chief Judge, may make general rules as to the " valuing of any debts provable in a bankruptcy" (b). No such rules have yet (1876) been made, and until such is the case it may be contended that the old principles, practice and rules as to the valuation of annuities still apply (c). These are contained in the Bankruptcy Act, 1849, which has been wholly repealed (d) ; so that our practical rule for guidance may be an act which is no longer on the statute book ! It is as follows : (I.) Annuities certain and absolute. The Court shall ascertain their value, by whatever assurance secured, regard being had to the original price given for the annuity, deducting the diminution in the value caused by the lapse of time from the grant to the petition for adjudication (e). If the consideration was property, not money, the price paid by the grantee shall not be the criterion of value, but the market price (f). And' the improved value of the property shall be taken into account (g). (ii.) Contingent Annuities. It was no objection to the proof of an annuity under the Bankruptcy Act, 1849, that it was contingent, if it was capable of valuation (/*) ; but if it was for, or (6) Bankruptcy Act, i860, s. 78. (/) Ex parte Saxe, 2 Deac. & Ch. (c) Ibid. 172. (d) 32 & 33 Vict. c. 83. () Petre v. Petre, 1 Drew. 393. 274. (c) 37 & 38 Vict. c. 57. 12 The Prevalence of Equity. under consideration), it is necessary to consider sect. 25 of the Act of William (which must be read with this sub-section) and the previous law generally. (i.) Cestui que Trust v. Purchaser of Laud or Rent. " Where any land or rent shall be vested in a trustee upon any express trust, the right of the cestui que trust, or any person claiming through him, to bring a suit against the trustee, or any person claiming through him, to recover such land or rent, shall be deemed to have first accrued, according to the meaning of this act, at and not before the time at which such land or rent shall have been conveyed to a purchaser for a valuable consideration, and shall then be deemed to have accrued only as against such pur- chaser and any person claiming through him"(e?). The principal object of the above section being to declare that express trusts shall not be within it, the circuitous and anomalous mode adopted for effectuating this simple object — and that (be it observed) only by implication — is to declare that the right of the cestui que trust against his trustee shall be deemed to have accrued at, and not before, such and such a time, and then shall accrue in favour — not of such trustee but of — another person ! One would naturally have expected that, if the right against the trustee was not to accrue till a particular time, the act would have gone on to say that after such time it should lie held lo accrue against him. Not a bit of it. The scene is suddenly changed. The section thence- forward becomes a purchaser's protection section, and he only is to be safe at the end of twenty years, and the trustee is left to the operation of the general law. {(1) -A & 1 Will. \, c. '27, 3. 25. Statutes of Limitation. 13 The section of the Act of William relates only to purchasers for value with notice, and to land or rent ; for purchasers for value without notice, at least if they had the legal title (which on a purchase from a trustee they generally had, and the possession of which, now that equitable titles (e) are to be universally recognised, may be less material) and did not purchase from trustees of charities (/), were always safe, irrespectively of statute, as the favourites of equity, from its doctrine of notice (g). (ii.) Cestui que Trust v. Purchaser of Personalty. . (1 ° Clioses in Possession. Money and bank notes (A) may not be followed into the hands of a purchaser to whom they have passed in circulation, unless he had notice (of the trust). Other personal chattels can be recovered from a pur- chaser for value [semble, even if without notice] if he did not buy them in market overt (i). Market overt is, in London, strictly confined to shops in the City (k). The purchaser " may be called to account by the cestui que trust, notwithstanding his length of enjoyment, subject to the rules of equity against affording relief to stale demands'" (/), or on grounds irrespective of the Statutes of Limitation {m). 0) 36 & 37 Vict. c. 66, s. 21. (h) Cases cited in Lewin on Trusts (/) Tudor's Charitable Trusts (2nd (4th ed.) 584. ed.) 333. (i) Ibid. {g) Basset v.iV) See cases cited in Lewin, 560. 678. ( //) Damson v. Prinoe,2 D. &J. 41. (//) Lewin, 661. (>/) L'l Juc. l,e. L6. (■'•) What those are, infra. (,-, //,;,/. (//) WDonnell v. White, 11 II. (s) :; & I Will. l,c. . O) &riffith8v.Porter,25Be&Y. 236. (//' i Kent v. Jackson, I I Beav. p. 684. ( />) Shelford's Real Property Acts, ( n j I in l.i- of Leeds \. Earl .1 mherst, 7th cd. 228. 2 Phill. 1 17. Statutes of Limitation. 19 by both are not two, but one (and the same) propo- sition (q). A reversioner may acquiesce in a breach of trust before his interest comes into possession ; though time does not run against him, nor is he bound to assert his title, till then (r). [The decision last referred to must be considered as quali- fying Mr. Hill's observation, that the " acquiescence of a cestui que trust in remainder will not be binding on him during the continuance of the preceding life estate, for, until his own title accrues in possession, he has no imme- diate right to interfere in the administration of the estate " (s). The authority cited by Mr. Hill (7) for this position was a peculiar case standing on its own rights.] It would seem then, as if acquiescence might be a bar within the statutory period, even in express trusts. The equitable doctrine of acquiescence has a statutory validity given it, for the Act of Will. 4 provides [and the provision is not one of those prospectively repealed by the Limitations Act, 1874], that — " Nothing in this Act [3 & 4 Will. 4, c. 27] shall be deemed to interfere with any rule or jurisdiction of courts of equity in refusing relief, on the ground of acquiescence or otherwise, to any person whose right to bring a suit mat/ not be barred by virtue of this AcV^u). (II.) Waiver. Of which it has been said, that it is difficult to know what its legal effect is (x) ; and that it is not to be con- founded with acquiescence (?/). (q) Shelford's Real Property Acts, {t) Bennett v. Colic//, 5 Sim. 181; 7th ed. 228. 2 M. & K. 225. (/•) Life Association of Scotland v. (m) Sect. 27. Siddall, 3 D., F. & J. 73. (x) Stackhouse v. Jlamston, 10 Ves. (*) Pp. 251, 546. 4GG. (y) Lcwin, 508. c2 20 The Prevalence of Equity. A mere waiver signifies nothing more than an ex- pression of intention not to insist upon the right (in question), and will not in equity bar that right without some consideration (of money or money's worth) (z). Unlike acquiescence, it seems not, necessarily, to involve time. (in.) Staleness of Demands. " Though no time runs as between cestui que trust and trustee in express trusts, so as to bar the remedy of the beneficiary ; yet, with respect to claims made by him against his trustee, the general rule of equity that encouragement is not to be given to stale demands is equally applicable" (a) (in those as in other cases). The rule was thus laid down by Lord Camden : " A court of equity, which is never active against conscience or public convenience, has always refused its aid to stale demands, where the party has slept on his right, and acquiesced for a great length of time" (b). It is not easy to see what this rule exactly amounts to. Staleness involves time. Does the rule mean that it does not begin to tell in favour of the trustee until after the statutory period (in the case of land tAventy years, as the law now is, or in the case of chattels personal six years), but that it then begins to be imputed against the cestui que trust, although the trust may he then still subsisting ? (IV.) Laches. This also involves time ; the mere lapse of which, or delay in suing (it has been said), per se, disentitles a party (c) in certain cases; (e. g., purchases by trustees and (z) Ki Vcs. 466. (h) Smith v.Claj/,BB. C. C. 638 (n.). (,i) Per Lord Westbury, WDonnell (<•) Lewin, 572. f.W kite, II II. L. Cns. at p. 579. Statutes of Limitation. 21 other constructive trusts, where laches for less than the statutory period will bar). But, generally, mere lapse of time is no bar, though an ingredient, with other circumstances, for drawing inferences unfavourable to one who has lain by (in the case of land) twenty or nearly twenty years (d). Public convenience has been su^ested as the ground for holding laches a bar (e). If so, the legislature having prescribed the shortest time within which the public will suffer inconvenience, laches for a shorter time than that statutory period would appear, in the case of express trusts, not to operate as a bar (/). Beyond the statutory period, however, it would begin to tell. The distinction between "laches" " staleness" and "ac- quiescence" would seem to be, that laches implies lapse of time, accompanied with negligence more or less ci-assa; that " staleness" implies time only (mere lapse of time not necessarily implying negligence), and that time very considerable; whilst " acquiescence" imports, in addition to time, an active concurrence of the will in the thing complained of. (rf) Penny v. Allen, 7 D., M. & G. at O) Lewin, 571. p. 426. (/) Archbold v. Scully, 3 H . L. 383. 22 The Prevalence of Equity. Chapter III. ON EQUITABLE WASTE. 36 & 37 Vict. c. 66, sect. 25, sub-sect. 3. "An estate for life without impeachment of waste shall not confer, or be deemed to have conferred, upon the tenant for life any leged right to commit waste of the description known as equitable waste, unless an in- tention to confer such right shall expressly appear by the instrument creating such estate.'''' [A] " An Estate for LifcP It does not appear why estates for years are not within the sub-section. Such cases, however, and all other estates not expressly within it, are, if dispunishable at law but not in equity, practically brought within it by sub- sect. ] 1, for there is then a conflict or variance between the rules of equity and the common law. Thus, an heir claiming under a resulting trust until the happening of a contingency, who is dispunishable at law, but has been restrained in equity from even legal waste (a), is within sub-sect. 11. And so of a devisee in fee, with a legal (b) and, a fortiori, an equitable (c) executory devise over on his decease without leaving issue, who was dispunishable at law for legal waste, unless he is by the will made (,i) Stansfield \. Habergham, 10 Vea. (//) Turner v. Wright, 2 P., F. & J. 272. 217. (<■) 10 Yes. 277. On Equitable Waste. 'S6 impeachable for it (as he may be), but who might not commit equitable waste (d). [It is not easy to understand, therefore, why sub-sect. 3 was necessary at all, or why it should be framed on so narrow a basis as it is.] [BJ " Without Impeachment of Waste" (I.) By operation of Law. As where termor for years sans waste settles the term on A. for life (without more). A. is dispunishable for waste (e), and therefore would seem within the sub- section. So, of tenant in tail apres possibilite of issue extinct, who is a tenant for life (f), and dispunishable at law (g). Tenant in tail apres, &;c. is where one is tenant in tail special, and he from Avhose body the issue was to spring dies without any, or his issue become extinct (A). So, of tenant for lives renewable for ever (without more), who even if dispunishable at law (i), might not, though expressly sans waste, commit equitable waste (k). (ii.) By express Exemption. (1.) Absolute. (Of which nothing more need here be said.) (2.) Modified. The modification amounting, according to its strin- gency, either to absolute impeachability, (as where (d) Blake v. Peters, 1 D., J. & Sm. (70 1 Bl. Steph. 251. 345. (/) Coppinger-r. Gubbins,3 J. & L. (e) Bridges v. Stephens, 2 S\v. 397. 150 (n.). (k) Pentland v. Somerville, 2 Ir. (/) 1 Bl. Steph. 3rd ed. 251. Ch. Rep. 289. (?) 2 D., F. & J. 247. 24 The Prevalence of Equity. " voluntary waste" is excepted,) (7) or to such a power as a prudent owner in fee, anxious to preserve an estate for his children, would exercise ; as where the exception is of " spoil or destruction, or voluntary or permissive waste" (wi). [In the last-named case the same prohibition of" voluntary" waste, as in Garth v. Cotton, did not lead Sir J. Homilly to the same conclusion as Lord Hardwicke.] [C] "Any legal Right to commit Waste" Waste at law, or legal waste, was a substantial injury done by a limited legal owner of land not dispunishable for waste, in rightful possession, to the inheritance thereof (ft). Privity of estate, therefore, between him who commits, and him who complains of, the waste was essential, and distinguished (o) waste from trespass. This distinction, though the modern tendency of de- cisions has been to relax it, has run through all the cases (jo). And inasmuch as trees, which are not timber, are not part of the inheritance, there is no such thing as waste at law in them (q). [Except perhaps in fruit trees (r), or in trees for shelter or protection of banks, or in germins (/).] [/". e. young plants which if old enough would be timber.] But (semble) equity will not allow him the property in them if wrongfully cut (t). (I) Qarth v. Cotton, I Tnd. L. C. (p) Lowndes v. Settle, 33 L. T., (Eq.)524. N. B. (Ch.) 451. (,„) Vincent v. Spioer, 22 Bcav. 0/) 18 Eq. 311. (?•) Craig on Treea, M, 127. (ti) Kerr on In j unctions, 8rded. 238. (») 18Eq.811. („j Bee Infra, Ch. VIII. CO Jlli(l - On Equitable Waste. 25 [Timber arc trees useful fur building(w). Ash, oak and elm, of twenty years, every where (x), (and by local custom, other trees), if not too old (y). In some places the age for timber is more than twenty years, and the test, not age at all, but girth (z).~] [Timber estates are those cultivated merely for the produce of saleable timber, which is cut periodically («). Felling of timber on such estates by a tenant impeachable is not waste (b).~\ " Of the Description linown as Equitable Waste.'''' As the Act abolishes the legal power of a tenant for life sans waste to commit " equitable waste," the old definition of that phrase, viz. the excessive use by him of his legal power (c), no longer seems to apply. Another definition of it, that it is such waste as a prudent owner would not commit in the management of his own property (d), has been objected to, at least in connection with ornamental timber (e), on the ground that every tenant sans waste is bound by the taste (or want of it) of any absolute owner planting it or leaving it standing for ornament. It may therefore, perhaps, be best defined as such waste (by a tenant sans waste, whether legal or equitable, the court interfering more readily in case of a trust for ornament (f) ) as is uncon- scientious in a court of equity (g). Unconscientious waste, in the eyes of a court of equity, is any thing tending to («) Co. Litt. 53a. (d) Campbell, C.,mTurner\.Wright, (as) 1 Cruise, Dig. 116. 2 D., F. & J. at p. 243. (y) Honynwod \. Ilonywood, 18 Eq. (., F. & J. 234. (") Vane v. Lord Barnard, 2 Vera. (k) Craig on TreeB, 24. 738. (I) Mirkli Ihirnil v. Mirhli Hi trail, ( /') AstOtt T. AstOU, 1 VeS. Sen. 265. ] D. & J. al p. 524. ('/) Lady Evelyn's case, cited 3 i in ) IHd. Freem, . r >.">. On Equitable Waste. 27 If the estate is thereby stripped (r). If cut in an unhusbandlike way. \_I. e. in an improper way (e. cj. if too young (s), or over-ripe (t),or at unseasonable times of the year (?<) ).] If planted to protect or shelter mansion (.r). If thereby a wood is grubbed up (//). 4. To cut ornamental timber or ornamental trees, though not timber (z). [I do not find that "timber-like'' trees (a) differ essentially from " timber."] Provided They are planted for pure ornament, i. e. not for profit (/A Although Planted by himself(c). Distant, and separated from mansion by another's grounds (rf). Ornamental only to gardens (c), park(/), rides or drives. [If near a ride or drive. The whole wood will not be within the protection (y).] Planted to exclude objects from view (A). The mansion, which they adorned, has been pulled down, if intended to be rebuilt (?'). (?•) 1 Tudor, Lead. Cas. in Equity, p. 138, bas made tbis appear an autbo- 749. rity the other way, by inserting " not." (s) Pentlandy. Somerville, 2 Ir. Ch. (c) Marqness Downshirex. Sandys, Rep. 289. 6Ves.H0. (t) Perrotx. Perrot, 3 Atk. 95. (77) Coffin v. Coffin, Jac. 71. (w) Hole v. Thomas, 7 Ves. 590. (e) Hallinell v. Philips, 4 Jur. (a?) Chambcrlayne v. Dianmcr, 1 N. S. 407. B. C. C. 166, n. 3. (/) 1 B. C. C. 16G. (y) Aston v. Aston, 1 Ves. sen. 264. (y) Womiwell v. Bellasyse, 6 Ves. 0) Craig, 24. 1 10 (n.). (a) For a grant of them, see 27 Bear. (h) Day v. Merry, 16 Ves. 375 a. 603. (/) MicMethnait v. Michlethwait, (J)) Hallhvcll v. Philips, 4 Jur., 1 D. & J. at p. 524. N. S. 607. Joyce, Injunctions, vol. I., 28 The Prevalence of Equity. Unless lie cuts To cure, by producing uniformity, gaps by tempest (/). To thin them (wi). To prevent their being injurious to the house {n), as by hindering the growth of other trees. For repairs, or sale, the settlor having done so (o). In due course of husbandry ( p). 5. To cut underwood at unreasonable times (q). 6. To cut saplings maliciously, as, and for the purposes of, timber (r). \_I.e. trees not fit for, but which would become, timber (s).~\ 7. To dig brick, gravel, or stones, so as wantonly to destroy the inheritance (t). 8. To open and dig new mines, in a wanton and malicious way (w). [Yet every mining operation is, pro tanto, a destruction of the property (x).~\ (III.) Tests of Ornament, l. The taste and intent of settlor, irrespective of the character of the trees (?/). [This intent is less difficult to ascertain in trees (7) Lord Ma lion v. Earl StanJtqpe, (q) Hole v. Thomas, 7 Ves. 5S'J. ;; Madd. 528 n. (>•) Ibid. ( Wl ) v. Copley, :\ Madd. (*) 1 B. C. C. 107, 167. r/2:,, n. (t) Bishop of London v. Web, 1 («) Campbell v. Allgood, 17 Bear. P. Wma. 527. (;•_>:;. (u)Bainbridge on Mines, 3rd ed.p.80. (o) Ford v. Tynte, '_' D., J. & 8m. (a?) IMd, 81. 1 :',::. (//) Marquess thnvnskire v. Sandys, (]>) Eatliwell v. Philips, ubisup. 6 Ves. 110. On Equitable Waste. 29 planted, than in those left standing, for orna- ment (■2").] 2. He must have dedicated them to ornament (a). [Such dedication presumed, if near a mansion (b). But a dedication of part is not a dedication of the whole of a wood (c).] The measure of damages due for the cutting is the damage done to the inheritance (d). [3a.] Interest in Equitable Waste. The subject of the interest in the property wasted, though not strictly within this sub-section, is too closely connected with it to be passed over. In declaring the title to equitable waste, equity has been said (e) to follow the doctrine of law as to legal waste. That doctrine is, that it casts the right to the waste on the owner of the first vested estate of inhe- ritance in esse at the time of the waste done, who may accordingly seize the wasted property (f). [Timber money is realty, if nothing is done by the owner of the inheritance to convert it into personalty {g).~\ But equity secedes from this doctrine in the case of legal waste ; and acting on the principle that no man shall obtain advantage by his own wrong (h), not only if the owner of the first existent estate of inheritance (z) Lushington v. Boldero, 6 Madd. (d) Bulb v. Telverton, 10 Eq. 405. 149. O) Craig, 140. (a) Ford v. Tynte, ubi supra. (/) Udal v. Tidal, Aleyn. 81. (i) Nickletlmait t. Micklethwait, (g) Field v. Brown, 27 Beav. 90. 1 D. & J. 524. (h) 15 Beav. 5. (c) G Ves. 110) Ibid. (O 11 Co. 79. (q) Bagoi v. Bagot, 32 Beav. 509. (./•) Craig, 149. (r) Ibid. On Equitable Waste. 31 must be in some one eo instanti the wrongful act is done (?/), and that person is the owner of the inheritance. ^ (HO In rightful Fellings of Timber. A rightful felling is one by a court or by a trustee if adopted by the court (z), or by a tenant impeachable of a timber estate (a), and (of course) is not waste. The court will, on application by a tenant for life im- peachable, order ordinary timber to be cut when it is decaying (b), or will not improve (c), or injures other timber (d), but not merely because it is ripe (e), and may direct the proceeds to be paid to trustees approved by it, or into the Bank of England or Ireland and applied (/)— l. In purchasing or redeeming land tax or incum- brances on the settled lands, or on lands subject to the same uses, or — In purchasing other lands to be similarly settled, or- In payment to person absolutely entitled. The court has power to cut ornamental timber, or trees not timber, e. g., where they make a house unhealthy from their proximity (g). This power, and (except where it has been extended by the Settled Estates Act) its power to cut ordinary timber, is under its ordinary jurisdiction. The capital of the proceeds of rightful fellings be- longs absolutely to the first tenant for life sans waste, (y) Gent v. Harrison, Johns. 525. (c ) Toohe v. Annesley, 5 Sim. 235. (z) Waldo v. Waldo, 12 Sim. 112. (rf) Ilussey v. Hussey, 5 Madd. 44. (a) What is, supra, p. 25. (e) Seagram v. Knight, 2 Ch. 628. (&) Phillips v. Barlow, 14 Sim. (/) 19 & 20 Vict. c. 120, s. 23. 203. 0) Cases cited, Kerr, 280. 32 The Prevalence of Equity. whether legal (Ji) or equitable (z), if prior, in the limitations of the settlement, to the first estate of in- heritance (k), (prior tenants, though impeachable, taking a life interest in such proceeds) : except in timber estates (7), where the fellings, being regarded as annual profits, belong absolutely to the tenant impeachable (m). (in.) In rightful Fellings, by prior Tenant impeachable, of Trees not Timber (w). The felling, or thinning, of trees which are not timber, by a tenant impeachable, is not (with the exceptions before mentioned (n) ) waste at law, and there- fore the legal property in their proceeds is in him (0). And so of thinnings (by such a tenant) of trees, which, though not timber, would become timber ; if done to preserve and improve timber trees (/>). But trees, not timber, may be wrongfully cut by him (y), and semble, the rule of timber wrongfully cut would then apply (r). (IV.) In Windfalls, i. e. Trees severed by Storm or Tempest. These being the act of God, are no Injury, and therefore no Waste. (1.) Windfalls of sound timber belong (as between tenant for life and remainderman ; who stand in the same relation as lessee and lessor (s) ), to the remainderman, if (h) Waldo v. Wa Ido, 12 Sim. 107. (<>) Pidgeley v. Rawlins, 2 Coll. (/') Lord Lovat v. Diicht its of Leeds, C. C. 21~>. 2 I mow. & Sm. 75. (/>) Honywood v. Honynood, 18 Eq. (k) (liittw Harrison, Johns. 617. 809. (I) What, are, svpra, p. 25. () '.'> Preston's Conveyancing, 3rd (urcliases the inheritance (7).] (/) .". Preston's Conveyancing, 9. (//) Lewin <>n Trusts, 4th ed. 469. {l .n ,; CrniBe'a Dig, 468. (i) Nurse v. Ferworth, 3 Sw. 608. On Merger and Extinguishment. 37 or by act or operation of law : [E.g., the freehold descends on, or is devised to, the trustee of a term (/:).] [A devise not being an act of the party (at least of the devisee (7) ).] 2. Where one has the legal fee in his own name, and for his own benefit, and a particular legal estate is subse- quently acquired by him as trustee, either by his own act, \_E. g., heir or devisee in fee has a term assigned to him in trust.] or devolves upon him in trust (in) : \_E.g., devisee in fee has assented to the bequest of a trust term of which he is executor.] 3. Where the equitable fee and a particular legal estate meet in the same person : \_E. g. } to A. in fee in trust for B. in fee, who has a legal term (w).] 4. Where the legal fee and a particular equitable estate meet in the same person : \_E. g., a legal term in A. in trust for B., who acquires the immediate legal reversion in fee, whether by descent or conveyance (o), whether beneficially or as trustee.] In the two last examples there was no merger at law, because it did not recognize equitable estates — therefore there is no conflict. Now that it will recog- nize those estates under sect. 24 of the Judicature Act, 1873, the equitable rule, it is presumed, will still remain. 5. Trust of a fund in Court for husband for life, then (Jfe) Saunders v. Bournford, Finch, (m) Hill on Trustees, 235. 424. O) Hid. {1) 5B.&C. 110. 00 6 Cruise's Dig. 481. 38 The Prevalence of Equity. for wife for life, then for son absolutely. Husband and son assign their interests to wife, in order that, her estate being converted into one in possession, she may assign it to the son (n). This is no merger at law of the wife's reversion (being an assignment of an equitable chose in action) (o) ; but had it been, equity would not permit it (»). (ii.) Estates meeting in different rights. 1. Trustee of term takes to wife the freeholder (q). 2. Freeholder takes to wife the trustee of a term (r). 3. Freeholder leases, and becomes the executor or admi- nistrator of lessee (5). 4. Executor or administrator of a term becomes the devisee or heir. There is no merger in the above cases even at law (7), the estates meeting by act, not of the party, but of the law {e.g., the marriage, probate, &c.); therefore this sub-section does not apply, nor does sub-sect. 11; for there is no conflict between the rules of law and equity; Equity (scmble) following here the law. 6. Executor or administrator of term purchases the in- heritance (u). I lere there was a merger at law (though not by operation of law), but not in equity (a-) : henceforth the equitable rule will prevail by sect. 11. (n) Whittle?. Helming, 2 Phil. 731. («) 3 Preston's Conveyancing, 309, («) Infra, Ch. VI. 629. ( P) I'hill. 731. (0 Bac. Abr. Lease, R. (v) Thorn v. Newman, 8 Sw. 608. (*) 6 Cruise, 480. (r) Ibid. (or) Bro. Abr. Executors, pi. 171; Extinguishment, pi, 57. On Merger and Extinguishment. 39 [E.] _ Merger, or (more properly) Extinguishment, of Charge in Estate. A charge (z) will sometimes be merged at law, which will be preserved in equity, and will sometimes merge in equity, when it will subsist at law (a). Here is a two-fold conflict, which will henceforth be removed by adopting, by virtue of sub-sect. 11, the equitable doctrine in all cases. It becomes necessary, therefore, only to consider that doctrine. The cases where there is no conflict, i. e. in which both at law and in equity there will either be merger or no merger, are not within our subject. [Mr. Tudor divides the cases into: (1.) Those where the owner of the estate becomes owner of the charge ; and (2.) Where the owner of the charge becomes owner of the estate. The distinction, ap- parently, is one of the order of time (&).] The guiding equitable principles are, that where the qualities of debtor and creditor are united, there arises a confusion of rights, which extinguishes the two credits (c) ; that mergers are odious, and never allowed except for special reasons (d) ; that in all cases of a charge merging in equity, it must be perfectly indif- ferent to the party in whom the interests have united whether the charge should, or should not subsist (e) ; and that the test of merger or no merger is the intention of the owner of the charge (f) at the time of acquiring it, the presumption of which intention is different 0) Forbes v. Moffat, 18 Yes. 384. (c) Ibid. («) As in Astley v. Milles, 1 Sim. (il) Phillip* v. Phillips, 1 P. Wms. 298. 41. (&) Tndor's Real Property, L. C, () Hbrton v. Smith, I K. & J. 628. (//.) Atftley v. Millet, I Sim. 3 II. (y) Shrewsbury v. Shrewsbury, 3 (/) /W. Mi. B.C. C. 120. (/») Eisner •) Drinkrvater r. Combe, 2 S. & S. 7-1 840. (") IblS. (.s) 5 D. M. & G.G10. On Merger and Extinguishment. 4 1 assigning it to a trustee (t). The presumption, however, hardly, if at all, arises on paying off a bond (u). Exceptions to Rule. Unless it is a matter of indiffex*ence to him, whether it is kept alive or not (x). A distinction is admitted to exist, in the case of a tenant in tail in remainder, who has become entitled in possession, between the case where he pays off the charge himself, and where he becomes entitled to it without any act on his part. In the latter case it would be indifferent to him whether the charge sinks or not ; and so the presumption in favour of merger is increased (_?/). Unless the intent be shown (as it may be) to exonerate the inheritance by the payment (z). The burden of this proof does not lie upon the limited owner (a). [P.] The Charge considered as regards its Priority over other Incumbrances. Rule in Equity. Prima facie, a debt charged on an estate and paid off by the purchaser of such an estate, whether he be the mortgagee owner of the debt or not, merges as against other incumbrancers of whom he had notice ; and to keep it alive, so as to acquire priority over them, he should, in prudence, have it assigned to a trustee for himself (b), though the intent to do so without an assignment is sufficient (c). And the fact that merger (t) Morley v. Morley, 5 D. M. & G. at p. 628. 610. (z) Astley v. Milieu, 1 Sim. 341. («■) Johnson v. Webster, 4 D. M. & (a) Fisher on Mortgages, 2nd ed. G. 474. 790. (a?) Forbes v. Moffat, 18 Ves. 384. (b) Toulmin v. Steere, 3 Mer. 210. (y) Horton v. Smith, 4 K. & J. (c) Lewin, 471. 42 The Prevalence of Equity. would give priority to other charges, raises a presumption sufficient to rebut merger (d). And so if the purchaser be the mortgagor himself, buying from the mortgagee (who sells under his power of sale) and paying it off with the purchase money (e). He pays it off for the benefit of the inheritance, and consequently of those who at that time have an interest therein (f). Exceptions to Rule. The extinguishment will not preclude the mortgagee pur- chaser from setting off a debt (due to him from the subsequent incumbrancer) against the charge of the latter (/). And the intention (of all parties joining in a new mort- gage) to preserve the old debt will prevent its extinguish- ment (^7). So if the mortgagee be the devisee of the equity of re- demption, the charge will not merge (Zi). And the same principle seems to apply where the equity of redemption descends on the mortgagee (i). [«.] The Merger of Securities. The law of the merger of one security in another of a higher nature, as well as the exemptions from such merger (Ji), appear to be the same at law and in equity. Such cases, therefore, are not within sub-sect. 11 of sect. 25, and not being cases of " estates,'' are not within this sub-section. They are, therefore, not within the scope of this work. (e Gh, M. & G. (//) Fortes v. Moffat, 18 Ves. 384. 638. (') 5 Jam. on Conveyancing (Sw.) (/) TLayden r. Klrhpatrick, 34 8rd ed. 455. Bcav. 645. (*) Fisher on Mortgages (2nd ed.), 802. ( 43 ) Chapter V. SUITS BY MORTGAGORS ENTITLED TO POSSESSION. 36 & 37 Vict. c. 66, sect. 25, sub-sect. 5. "A mortgagor entitled for the time being to the possession or receipt of the rents and profits of any land as to which no notice of his intention to take j'ossession or to enter into the receipts and profits thereof shall have been given by the mortgagee, may sue for such pos- session, or for the recovery of such rents or profits, or to prevent, or recover damages in respect of any trespass or other wrong relative thereto, in his own name only, unless the cause of action arises upon a lease or other contract made by him jointly with any other person." This adopts no existing rule of equity, but lays clown a new rule, the scope of which is sufficiently apparent from the words of the sub-section. " A mortgagor" i. e. where the mortgage is a legal one, and whether the lease be prior or subsequent to the mortgage. " Trespass or other wrong relative thereto" i.e. to the land. This would seem to include breaches of covenant. It is not easy to see why an express power to distrain is not given him by the Act (it has been implied (a) ) for rent arrear. (a) Trent v. Hunt, 9 Exch. 14. 44 The Prevalence of Equity. " Unless the cause of action arise upon a lease or other contract made by him jointly with any other person" i. e. other than himself. Therefore a lease by himself and the mortgagee will be within the exception. This was not in the earlier prints of the Bill : and the law in such cases will be some- what narrowed from what it was. Hitherto a lease made by mortgagor and mortgagee was held not a joint demise, and the mortgagor might, after the mort- gage money was paid oft", sue in his own name (5). So, if in such a lease the covenants were entered into severally with the mortgagor and mortgagee, the former might have sued alone in respect of them (c). So, if in such a lease the covenants to pay rent and repair were with the mortgagor only (rf). K V) Doc v. Adams, 2 Tyr. 289. (d) Stokes v. Russell, 3 T. R. 678. (c) Harold v. Whitaker, 11 Q. B. 147. ( 45 ) Chapter VI. ABSOLUTE ASSIGNMENTS OF CHOSES IN ACTION. 36 & 37 Vict. c. 66, sect. 25, sub-sect. 6. " Any absolute assignment, by writing under the hand of the assignor [not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been qiven to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been, effectual in law (subject to all equities which icould have been entitled to priority over the right of the assignee if this Act had ?iot passed) to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same, without the con- currence of the assignor : Provided always, that if the debtor, trustee or other person liable in respect of such debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled, if he think fit, to call upon the several persons making claim thereto to interplead concerning the same, or he may, if lie think Jit, pay the same into the High Court of Justice under, and in conformity toith, the provisions of the Acts for the Relief of Trustees.'''' 46 The Prevalence of Equity. [A-] " Any absolute Assignment in Writing under the hand of the Assignor of any Debt or other legal Chose in Action." What is an " assignment" within the sub-section? It does not define it, as it ought to have done, for it has no ascertained legal signification. The Trustee Act, 13 & 14 Vict. c. 60, defined "assign" and " assignee." A chose in action, which the Act should also have defined, may be described as personal estate, not in possession, the owner whereof has a right to recover, and can only recover it, by the help of a Court (a). Personal estate in possession is personalty, which in its nature is visible, and actually enjoyed by the owner (&), and capable of tangible and corporal delivery (c). Legal choses in action are such as, prior to 36 & 37 Vict. c. 66, were recoverable in a court of law, and may, perhaps, be best defined, negatively, as such as are not equitable — Viz. : debts, including those secured by promissory note, bill of exchange, bond, judgment, mortgage, or charter party (as freight), indorsed bills of lading, life and marine policies, debts due to bankrupts (d). Freight is the money due (under a charter party) for the hire of a ship, or for the conveyance of goods therein (c). A charter party is assignable (f), but can hardly itself be called a chose in action. Equitable choses in action, prior to 36 & 37 Vict. c. 66, were recoverable in a court of equity only, and are principally the following: — (l.) The beneficial interest — (a) Williams on Executors, 5th ed. (d) :S2 & 38 Vict. c. 71, s. 5. 699. ('0 Mangles v. Dixon, 1 M. & G. (/>) Ibid. 4.'J7. (<■) W.ns. P. I'. 4. (/) J hid. 738. Absolute Assignments ofChoscs in Action. 47 CO _ in personalty under a Avill or intestacy ; (ii.) in stock standing in another's name ; (iii.) in money in the Supreme Court. [Shares in statutory companies generally seem not to be choses in action (Ji), and it has been decided (i) that those in companies within 7 & 8 Vict. c. 110, are not choses in action within the " reputed owner- ship" section (15) of the Bankruptcy Act, 1869.] (2 ; ) Judgments, if enforceable in equity. (3.) (Where a legal debt has been settled in trust, or is held in trust), — the beneficial interest in it of cestui que trust. (40 (Where the trust in a legal debt, e.g., the interest of cestui que trust last named, has been assigned), — the interest therein of such assignee. Prior to the 36 & 37 Vict. c. 66, the assignment of legal choses in action — (except of those which by custom or by special statute were assignable at law as bills of exchange (k) and of lading if endorsed (/), pro- missory notes (m), bail(w) and replevin bonds (o), railway (j>) and exchequer (q) bonds, life (r) and marine (s) policies and bankrupt's choses in action (t) ), (/<) Lindley on Partnership, 3rd ed. (») 4 Anne, c. 16, s. 20. 683. ( [r. Rep., ( />) 16 I'.q. 340. Eq. .mi p. 824. («y) 18 Eq. 6. (n) I De <;., I'. & .1 264. (/■) 19 Eq. 233. (") 10 Eq. i::.. 0) 18 Beav. 292. Absolute Assignment of Choscs in Action. 51 He may do tin's, by actually transferring it to the persons for whom be intends to provide, and the pro- vision will then be effectual : and it will be equally effectual if he transfers the property to a trustee for the purposes of the settlement, or declares that he himself holds it in trust for these purposes ; and if the property be personal, the trust may be declared in writing or by parol. But to render the settlement binding, one or other of these modes must be resorted to, for there is no equity in this Court to protect an imperfect gift" (t). For a disposition which is attempted to be made, and is made ineffectually, as a transfer, cannot take effect, or be upheld, as a declaration of trust ; for that would be contrary to the intention, which was, that the whole ownership, legal or equitable, should be parted with(w), and no trusteeship remain in the transferor, or in any one else, for the donee. m (no Absolute Assignments for Value. The sub-section is, as has been said, permissive, not compulsory, and does not include partial assignments, which must therefore, as absolute assignments for value mag, be made as before the Act. Previously to the Act, if it were a legal chose in action, which was so transferred, assent on the part of the debtor, and some valuable consideration for such assent, must have been proved, in order to give the assignee a remedy at law (x) ; because such an agreement amounts only to a simple contract ; though if the transfer had been by deed, with a power of attorn ey, no such assent (t) Milroy v. Lord, i De G., F. & 233. J. 2G4. (jb) Tibbits v. George, 5 Ad. & Ell. («) Hearilcy v. Xicholson, 19 Eq. at p. riG. E 2 52 The Prevalence of Equity. or consideration was necessary at law (?/). In equity no such assent or consideration was necessary (2), either to the transfer of a legal, or of an equitable, chose in action ; any words showing an intent to transfer were, and are, sufficient (a) ; the transfer operating as an agreement for value, which equity would specifically perform, when the transferor was in a condition to transfer (b). This variance will no longer occur; but the equitable rule will prevail (c). [B.] " Of which Express Notice in Writing sltatl have been yiven." Where the notice is to trustees, the relation of trustee and cestui que trust must have been actually created, in order to give the party so giving notice priority (d). A " stop order" is necessary (where the chose in action is stock or funds standing to the account of the Pay- master General (e) on behalf of the Chancery Division), to perfect the title of the assignee, and restrain the transfer or payment thereof without notice to him, and is equivalent to notice by him (f) : But will not prevail against a prior notice before the fund was in Court (y). Stop orders ancillary to common law charging orders (Ji) seem henceforth unnecessary (/). Stop orders restraining the payment to a judgment debtor of cheques in Court (It), seem not within the order last referred to. (y) Walsh v. WMtcomb, 2 Esp. 566. (0 M & 36 Vict. c. 41, s. 24. C) Ex parte South, 3 Sw. 892. (/) Stuart v. Cockerell, 8 Eq. at (a) ltijull y. Howies, 1 Ves. sen. p. 609 348. (.'/) Livesey v. Harding, 23 Beav. (/>) Adderley \. Dixon, l s. & S. Ml. 607. Oi) Hulhes v. J)/, 10 Sim. 41. (<■) Seesub-sect. 11. (i) Judicature Act, 1875, Ord.XLVI. Id) Bullen v. Plunkett, I .1. & H. r. 1. 143. (/•■) Hulhes v. Day, 10 Sim. 41. Absolute Assignment of Choscs in Action. 53 A distringas may operate as notice where there is no trustee (I), and is obtainable by any one claiming stock transferable at the Bank of England, standing in another's name ; and if served on the Bank, with notice not to permit the transfer of such stock or payment of the dividends thereon, prevents (m) such transfer or payment for eight days. A general restraining order may be also obtained against the Bank or any public company in respect of stock or shares therein (71). Notice of assignment of a legacy unassented to should be given to the executor, not to the trustees of the will (0). Notice to a trustee, to be good, must be given to one not interested in concealing the assignment (p). Notice should be formal (q), and not given to strangers to the fund (?•). The mere omission to give notice, if no other assignee lias given it, does not per se invalidate an assignment (5). (i-) Notice on absolute voluntary Assignments. Notice to the donee (t) or his trustees, if any, was unnecessary before the Act, and seems so still ; and so was, and is, his or their acceptance of the gift (u). Unless the assignment be under the sub-section, notice (by the assignee) to the debtor is not necessary, as between the assignor and assignee, whether the assignment be of a legal (x) or equitable (?/) chose in action, although it is necessary to make the assignee's title safe as against some third persons, i.e., as against (7) Etty v. Bridges, 2 Y. & C. C. C. (?•) Lloyd v. Banks, 4 Eq. 222. 480. 0) Ilohson v. Bell, 2 Beav. at p. 23. (w) 5 Vict. c. 5, s. 5; Judicature (t) Tate v. Leithead, Kay, 658, Act, 1875, Orel. XLII. r. 2. where the donee was cestui que trust. («) 5 Vict, c. 5, s. 4. (w) Be Way's Trusts, 2 De G., J. (o) Holt v. Den-ell, 4 Hare, 447. & S. 365. ( j?) Browne v. Savage, 4 Drew. 635. (.r) Paterson v. Jlin-jifry,!! Hare, 88. (?) Brown's Trusts, 5 Eq. 88. (y) 1 Tudor's L. Cas., 4th cd ij-i The. Prevalence of Equity. the assignor's trustee in bankruptcy if it be a trade debt (z), or his assignees for value (a) ; but not as against other volunteers from him (Z>) ; for as between them there are no equities (c), i. e., none of them has an equity to be asserted against the other. But if the puisne volunteer, first giving notice, lias without fraud realized the fund, the Court will not take it from him {d). As against judgment creditors, the case seems to stand irrespective of notice : e.g., as against a prior judgment creditor with a prior charging order on stock, the volun- teer would take only what the judgment debtor then had to give (i. e., subject to the charging order). As against a prior volunteer the judgment creditor would take only what the debtor had to give (i. e., subject to the volunteer). If the assignment be to trustees, their omission to give notice does not affect the title of the cestui que trust (e). Where the assignment is of an equitable chose in action, notice to the trustees of the assignor, and their acceptance of any new trust created by the assignments, is unnecessary (f). (II.) Xoticc on absolute Assignments i'ov Value. (1.) As between Assignor and Assignee. Notice need not, except under the Act, be given to the debtor (g) or trustees (Ji) of the assignor. Payment to him, however, before notice is a good payment (i). ' , I Ve*. 848; B. A. 1869,b. 15. W Fortesoue v. Barnett, 3 M.. 8c K. (a) As t<> whom, infra, p. 66. 86. (b) Justice v. Wynne, L2lr. Ch. Rep. (/) Tierney v. Wood, 19 Bear. .°>30. 289. (.«/) Dearie v. Hull, 3 Russ. I. O) laid. (A) Ibid. ' 12 Ir. Ch E«p. it p. .100. | i Kay, 71f>. Absolute Assignment of Clioscs in Action. 55 (2.0 As against general Assignees. A particular assignee is one for value or voluntary. A general assignee is a trustee in bankruptcy or under a general assignment for payment of debts. (i.) Notice of the bankruptcy by the trustee in bank- ruptcy — for bankruptcy is not notice to the world (j) — and of the assignment by other general assignees, must be given to the debtor or trustee, to gain priority (k). (ii.) Notice, by a particular assignee for value, to the debtor or trustee must be given before the bankruptcy (I) or other general assignment, to give him priority, if the debt was owing to the bankrupt in his trade (in) ; but not otherwise. (3.) As between particular Assignees for Value Inter sc. The priority of the notices they give does not neces- sarily ascertain the priorities of their assignments, e.g., if the subsequent assignee first giving notice took his assignment with notice (n). Notice which is necessary as against subsequent assignees to maintain (o), is also necessary against prior assignees to acquire (p\ priority. Semble, priority of notice is a "better equity" than that in favour of the prior assignee arising from the doctrine that the subsequent one takes " subject to equities." Priority of the dates of their assignments is the last equity resorted to (q). (j) Scrverbi/v. Brooks, 4 B. & Aid. (w) Bankruptcy Act, 1869, s. 15. 523. (n) 12 Ir. Ch. Rep. at p. 308. (/.■) Re Burr's Trusts, 4 K. & J. (o) Ilobson v. Bell, 2 Beav. 17. 219. (p) Dearie v. Hall, 3 Buss. 1. (/) Ex parte Caldwell, 13 Eq. 18S. (a) Bice v. Bice, 2 Drew. S3. 56 The Prevalence of Equity. (4.) As between Assignees for Value and Judgment Creditors. A prior judgment, with a charging order subsequent to the assignment, though prior to notice by the as- signee, is postponed (p). [The case last cited, however, did not turn upon the doctrine of notice (q)-~] (5.) As between Assignees for Value and Volunteers. 00 Subsequent Volunteers. Notice is unnecessary, because the volunteer takes subject to equities (r), and has none; his want of notice, therefore, does not protect him; and his being the first to give notice would not give him priority (s). (ii.) Prior Volunteers not giving Notice. A subsequent assignee for value without notice (but not one with notice (/) ), has priority, if he gives notice (u). (Hi.) Prior Volunteers first giving Notice. The volunteer has priority, even if the subsequent assignee for value had no notice; the gift being com- plete (a:). [C] _ Retention of the Instrument of Assignment, and of the Security. (10 On Absolute voluntary Assignments. If the transfer of a legal chose in action is valid in oilier respects, tested as above, delivery of the instru- ( p) Scott v. Lord Hasting*, 4 K. (*) Justice v. Wynne, VI Ir. Ch. & J. c,:;::. Rep. al p. 805. O/j Supra, |>. 54. C) Ibid., at p. 304. (r, 2 Tad. L C. Eq. 811. O) Ibid. ir) l Tud. L Cob. Eq. L'GS. Absolute Assignment of C/toscs in Action. 57 ment of assignment (if any) to the donee, or liis trustee (if any), is immaterial as between the assignor and assignee (?/); and also, it would seem, as between the assignee and third persons (e. g., the assignor's trustee in bankruptcy), if the chose in action were one contracted in the course of his trade or business. The retention of the security, however, though not material as between the assignor and assignee, may be so as between the assignee and third persons (z) ; for it may enable the assignor to commit a fraud, and obtain false credit, by remaining, as far as the nature of the property permits him, in possession, and to deceive subsequent assignees for value (a) ; and so may raise the question which of two innocent persons should suffer, and which has the " better equity " A " better equity " means, that according to the rules of equity it will prefer A. to B.; therefore equal equities are impossible, except when the Court refuses to interfere (b). In assignments of book-debts (c) and of equitable choses in action, notice alone is sufficient. (2.) On absolute Assignments for Value. A purchaser will seldom part with his money without delivery of the instrument of assignment and security (so that it will rarely become a question how far the re- tention postpones his assignment); but if he does, it will (if unexplained) be negligence in him, disentitling him to favour in equity, and the law will be the same as on retention of the security on voluntary assignments. (//) Re Way's Trusts, 2 De G., J. & (a) 1 Atk. 177. S. 3G5. (b) Rice v. Rice, 2 Drew. 77. (z) Rice v. Rice, 2 Drew. 77. (>) 1 Atk. 177. 58 The Prevalence of Equity. [C] " Subject to all Equities which would have been entitled to Priority over the right of the Assignee if this Act had not passed." (I.) Absolute Voluntary Assignments. . (1 ° The assignee takes subject to equities, as on assign- ments for value (r/). (ii.) Absolute Assignments for Value. Rule in Equity. The rule is that the assignee, though without notice, takes subject to all equities (e). An "equity" is such a liability as the property (f) is subject to in the hands of the assignor at the time of the assignment (whether that liability is to the debtor or any other third person) in the eyes of a court of equity, or even of law (g). The chief equities, to which the property is so sub- ject, are — (O Set-off claimable by the debtor (//). (ii.) The state of account between the assignor and assignee; c. g., partial or complete payment (?'). (Hi.) Lien of a solicitor on a fund recovered by him (It). (iv.) Lien of an executor on share of residuary legatee (Z). (77) Infra. (//) Cavendish v. Greaves,2i Bcav. (r) 2 Tndor'a L. Cas. I'm. 811. 168. (/) 2 S].o!icc, Eq. Jnr. (Index) (/) Ord v. White, 3 Beav. 366. " ('hoses in Action." (/••■) Haymes v. Cooper, ">:s Bcav. 481. (y) HolmetY. Kidd, 8H. fir N. 891. (/) Willet Y.Greenhill,29Bea.Y.376. Absolute Assignment of C/ioscs in Action. 59 (v.) Calls due from the assignor to a company (m). (vi.) Stoppage in transitu (?i). [/. e., tlie right of a consignor on the bankruptcy of consignee to " stop " goods whilst on their passage, i. e., to direct the carrier to deliver to him the con- signor, instead of to consignee or his assignee (0).] (vii.) Equities of a wife (p). Exceptions to Kule. (1.) If the owner of the equity release the assignor, by writing (7) or by conduct (r), or mislead the assignee (s). (2.) A promissory note, or bill of 'exchange (t) endorsed, not overdue. An overdue bill or note is not within the excep- tion (x), if the equity on it be one which is not col- lateral to the bill or note, but attaches itself to it ( ?/). E. {/., the defeasible nature of the assignor's title (in consequence of possible payment by the debtor (z)), or actual payment of an accommodation bill (a). I. e., one drawn, accepted or indorsed, without consideration, to benefit some other party (b). (;;/) Re N. Assam Tea Co., 10 Eq. (s) Mangles v. Dixon, 3 II. L. Cas. 458. 702. O) Spalding v. Dialing, 6 Bear. (t) 2 Eq. Cas., Abr. 85. 376. (.'•) Holmes v. Kidd, 3 Hurl. & N. (o) Wins. F. P. 41. 891. (p) Infra, (jr) Ex parte Swan, 6 Eq. 344. (//) N. Assam Tea Co., 10 Eq. 458. (:) Holmes v. Kidd, 3 II. & N. 891. (■/•) Re Blaliely Ordnance Co., 3 Ch. (a) Cook v. Lister, 13 C. B., N. S. 164. 543. {b) Byles on Bills, 7th ed. 111. 60 The Prevalence of Equity. (3.) A bill of lading endorsed by consignee (o). [A bill of lading is a receipt from the master of a ship for goods put on board for conveyance, stating they are to be delivered to consignee or his assign.] If a contrary intention appear from the contract (c). [».] Assignment by Husband of Wife's Chose in Action not settled to her separate use. A husband never assigns her separate estate. She may assign this as a, feme sole. If she does not, and dies before him, it becomes his own, on taking out administration to her (d). An assignment places the assignee, whether general or particular, only in the situation of the husband, i. e., gives him only a right to reduce into possession, at the time when possession is possible (c). (i.) Legal Choses in Action. (1.) "Reversionary. A reversionary chose in action is one not immediately recoverable (,/), or distributable, and therefore one not presently capable of being actually reduced into pos- session — e.g., a bond debt payable in futuro — and docs not necessarily presuppose a prior life interest in it existing in some one else. A wife's reversion is not reduced into possession by assigning to her the prior life interest ((/), if any. (l>) Rodger v. '/'tie Comptoir d'JEs- 57. compte de Parte, 2 L. K., P. C. 405. (e) Hbrnshy v. Lee, 2 Madd. 16. (c) in re Agra and Mast er man' t (./') Wins. P. P. 310. //-//) Carrr.J&astabrooke,iVes.l£6. ( . 97, (r) 1 Tudor's L. Cas. Kq. 4G4. (x) Scott v. Spashett, :'• M. & c. { (a.) Purchaser receiving the abstract after the time for delivery (a). (b.) Purchaser perusing abstract unnecessarily (b). (c.) Purchaser retaining the abstract under circum- stances which require (c) its immediate rejection (d). (d.) Purchaser not asking for the abstract (e), or not soon enough (f). (e.) Vendor receiving purchaser's requisitions (without reserving his right to object) delivered after the time fixed (/) Dart, r» 1 1 1 ed. ii'o. (/•) Tilley r. Thomas, 3 Ch. 61. On Unessential Stipulations. G.9 3. If the party insisting on its being essential (the other party having been guilty of delay, and the original time having passed), gives the other reasonable notice (s), or unreasonably short notice acquiesced in (£), to com- plete by a given day, — such subsequent time then be- comes essential (u). But ceases to be so, if waived by — (i) Subsequent agreement (x). (ii.) Subsequent conduct (//). All sorts of notice have been held both reasonable and unreasonable (z) : no rule can be laid down. 4. Options to purchase, — which are construed strictly (a). 5. If the contract be inequitable (b). E. g., if the purchase-money be unreasonably great or inadequate (c). (III.) Where no Time has been originally fixed by the Parties. [This, however, is really a stipulation other than as to time.] What has been said of time not being essential (when fixed), where the delay is owing to the state of the title, applies here a fortiori, because the Court has not the express stipulation of the parties to struggle against (d). And the same rule applies where the delay is owing to the conduct of the parties. (*) Webb v. Hughes, 10 Eq. 281. O) Brooke v. Garrod, 2 De G. & (0 16 Beav. at p. 73. J. 62. («) Ibid, at p. 75. (b~) Whorrvood v. Simpson, 2 Vera. (x) Dart, 5th ed. 424. 1S6. (,y) Webb v. Hughes, 10 Eq. 281. (e) 2 Tudor's L. Cas. Eq. 529. (r) Cases Collected, Dart, 5th ed. 423. (77) Sugd. V. & P. 10th ed. 435. 70 Tin: Prevalence of Equity. [B.] '" Or otherwise.''' 1 This involves the doctrine of equity as to relief against forfeitures, and penalties, and other cases in which equity will decree compensation for a breach of the stipulation. (I) Forfeitures. Forfeiture, as connected with contracts, is the result of a breach of, or non-compliance with, the condition of a possibly " hard bargain " (e), whereby the party committing such breach loses all interest in the pro- perty respecting which the contract has been broken. Forfeitures, as punishments annexed by law, and therefore not ''determined hardly" (f), without con- tract, to some illegal act or neglect, are not within this sub-section, nor within sub-sect. 11, because equity will not relieve against them (^7); and there is no conflict. (ii.) Penalties. A penalty, alias the penal part of a contract, alias a " nomine (h) poena?,'' 1 is an engagement to pay a sum greater than that which is actually due, and than the parties intended should be recoverable (i), and is a punishment or infliction for not doing something (j), and therefore money due on contract cannot be con- verted into a penalty (j). The question is one of intention, to be gathered from a construction of the whole instrument. (c) Per Lord Macclesfield, Peachyv. (/>) 2Tudor'sL. Cas.Eq , at p. IO80, Duke of Somerset, 2 Tudor'a L, Cas, 1087. Eq., at p. 1090. (1) Thompson v. Hudson, 4 L. IJ.. (/) Ibid. II. L. at p. 15. () Keating v. Sparrow, 1 Ball. & 312. B. at p. 373. 74 The Precedence of Equity. (in.) Compensation for Breach of Stipulation by Misdescription of the Quantity or Quality of the Estate purchased, or of Vendor's Interest. Rule in Equity. Where a misdescription is small, equity will, never- theless, decree specific performance, the purchaser giving or receiving compensation (r). But where it is substantial (s) (e.g., the nature of the tenure, as copyhold for freehold (t) ; or in quantity, as an underlease for a lease (u) ), it is of the essence, unless waived (x). Equity will more readily consider the stipulation unessential at the instance of a purchaser, than of a vendor, since the latter is author of the error (//). Exceptions to Rule. If the purchaser knew the vendor had less than he stipulated for; in which case, if the knowledge be express, his action will be dismissed (z). He will not be entitled to take it with compensation. [Constructive knoAvledge will not disentitle him to specific performance without compensation («).] If he suppress wrongful acts done by himself, the knowledge of which would have given vendor a claim against him (b). (r) Halsey y.0rant,13Vcs. atp. 77. (•'•) Fordt/ce v. Ford, 4 B. C. C. (s) Loikj v. Fletcher, 1 Eq. Cas. 4!U. Abr. .",. (//) 2 Tudor's L. Cas. Eq. 547. (<) Aylea v. Co.r, u; Beav. 28. (*) BwnesY. Wood, 8 Eq. 424. (a) Madeley v. Booth, 2 Dc G. & 00 James v. Lichfield,^ Kq. 51. Sin. 718. (>') Phillips v. Homfrey, 6 Ch. 770. i o Chapter VIII. OX MANDAMUS, INJUNCTION AND RECEIVERS. 36 & 37 Vict. c. 66, sect. 25, sub-sect. 8. " A mandamus or an injunction may be granted or a receiver appointed by an interlocutory order of the Court in all cases in ivliich it shall appear to the Court to be just or convenient that such order should be made; and any such order may be made either unconditionally , or upon such terms and conditions as the Court shall think just ; and if an injunction is ashed, either before, or at, or after, the hearing of any cause or matter, to prevent any threatened or appre- hended waste or trespass, such injunction may be granted, if the Court shall think Jit, whether the per- son against whom sucli injunction is sought is or is not in possession under any claim of title or otherwise^ or (if out of possession} does or does not claim a right to do the act sought to be restrained under any colour of title ; and whether the estates claimed by both or by either of the parties are legal or equitable.'''' As to the practice hereon, see Judicature Act, 1875, Order LIL, Rule 4. [A.] " A Mandamus" The common law remedy of mandamus is for the first time to be universally applicable. Hitherto, as is well known, a Court of Equity was, by a strange anomaly, incompetent to order (a) ; and a Court of Common ( W. R. p. 399 ; :: (,/) 12 W. R, Ml. N- '!■ 101. (r) liiin nport v /' ■/■,"•■ i ■•/. 7 Hare I U id. 217 On Mandamus, Injunction and Receivers. 11 of acts by persons in rightful possession (Zt), and therefore is not in fact waste in the proper sense (i). But spoliation seems to indicate the degree, not the kind, of injury to property ; and if so, might be committed as well by a person in privity of estate as by an entire stranger. [C] "Whether the Person against ivhom such Injunction is sought is or is not in Possession under any claim of Tide or other- wise? This part of the sub-section has evident reference to, and was doubtless suggested by, the anomalous state of the previous rules of equity as pointed out in the com- prehensive judgment of Vice-Chancellor Kindersley in Lowndes v. Settle, The clause appears to refer only to defendants in possession. It would, therefore, have run better thus : " Whether the person, &c. is in possession under any claim of title or not." As it stands now, it may grammatically apply to defendants not in pos- session. The words " or otherwise," moreover, seem superfluous : for a defendant in possession, but not in possession under any claim of title, is a defendant in possession " otherwise" (than by claim of title), and his case is provided for by the earlier words, " is not in possession under any claim of title." Moreover, the words " under any claim of title or otherwise " seem wrong! v introduced ; the " foundation of the distribu- tion of the cases" (j), where the defendant is in pos- session, being the fact not of his having any claim of title — that was the test where he was out of possession — ■ but his being in possession anyhow and by whatever (7;) Supra, CM. III. (j) 12 W. R. 101. (i) 33 L. J., Ch. 451. 78 The Prevalence of Equity. means : the Court feeling much more reluctance to entertain a suit against a party in possession than where he is not. The question, therefore, which party is in possession, was one of great importance, and often not easy to answer (k). Now that the Supreme Court is invested with such absolute discretionary powers in granting injunctions as the sub-section gives it, it is doubtful whether it will be guided by the principles and distinctions hitherto laid down in the matter; but it is presumed that it will, in order to keep the current of equity authority, as far as possible, uniform. If so, those principles and distinctions, so far at least as they regard injunctions against trespass, cannot be better classified and summarized than they have been in the admirable judgment of Vice-Chancellor Kindersley (7) above referred to, and which may be thus tabulated. (The Yice-Chancellor, however, seems to have had in his mind cases of trespass strictly so called only.) 1. Plaintiff out of Possession, with an adverse Claim, seeking- to restrain Defendant in Possession. [The case of a claim under privity of title will hardly arise.] The Court grants the injunction only when there is fraud or collusion, or the acts are flagrant. 2. Plaintiff in Possession, seeking to restrain Defendant out of Possession. (i) Defendant claiming under colour of Title. The Court inclines to grant the injunction, where the spoliation is irremediable. \V. R, 401. (/) •".:! L. J., N. S., Ch. 461. On Mandamus, Injunction and Receivers. 79 (ii.) Defendant an absolute Stranger. The Court inclined to refuse an injunction except under special circumstances, or in case of destruction; and to leave plaintiff to his remedy at law (in). " Or a Receiver appointed." As there is no prevalence or conflict of the rule in equity further than that an absolute discretion is reposed in the Court, — which will enable it to appoint receivers at the instance of a legal mortgagee (n), — it is not within our subject to treat of them generally. [E.] " Whether the Estates claimed by both or either of the Parties be Legal or Equitable.'''' Semble, these words apply only to injunctions, and not to the appointment of a receiver (o). (ot) Kerr, 292. (o) Ilabcrslion v. Gill, W. N. Dee. 4, (») Pease v. Fletcher, 1 L. R., Ch. D. 1875. 273. 80 The Prevalence of Equity. Chapter IX. DAMAGES FOR COLLISION OF SHIPS. 36 & 37 Vict. c. 66, sect. 25, sub-sect. 9. "In any cause or proceeding for damages arising out of a collision between two ships, if both ships shall be found to have been in fault, the rules hitherto in force in the Court of Admiralty, as far as they have been at variance with the rules in force in the Courts of Common Law, shall prevail." It is remarkable that in the earlier prints of the Judi- cature Bill the Common Law Rule was preferred. It would seem, therefore, there is not any clearly denned principle of jurisprudence involved in this change, and as if it had been pretty much a toss up in Committee which rule should prevail ! Common Law Rule. The rule hitherto in force on this subject at common law has been, that if the mischief be the result of the combined negligence of the two (masters of the) ships, they must both remain in statu quo, and neither party can recover against the other (a). • Admiralty Rule. The rule in the Admiralty Court is, that the loss must be apportioned equally between the ships, although one sbip is most to blame (/;). (a) I',:. . ]) Hoy v. Le Aire, 2 Shaw, Sc. I Cr & M p "i App. Cas. 396. Damages for Collision of Ships. 81 [But the shipowner's liability is limited to the value of the ship and freight (), whose parents' marriage is the subject of a suit there, and for placing them under the protec- tion of Chancery (c) ; but as this statutory jurisdiction does not affect the principles or jurisdiction of Chan- cery (d), we need not pursue it any further. [A.] Custody. (I.) Father. (i.) (Legitimate Infant.) Rule in Equity. The father, though resident abroad (e), and though the infant be born (f), or is resident (. teas corpus at common law chambers. (,/) Tn re Owtit, 28 L. J., N. B., Ch. (/) Hope v. Hope, 8 Dc G., M. & G. 731. 0) lie Emily Suitor, 2 Fost. & Einl. (//) Ibid. On the Custody and Education of Infants. 83 of tender years (h), has a primary right hy his guardian- ship by nature and nurture (i) to the custody (which has been secured to him by a penal Act till sixteen in females) (;), the mother having access, at least if the infant be a ward of Court (k). The wardship of infants is assigned to the Chancery Division of the Supreme Court (/). An infant becomes a ward of Court immediately an action is begun for or against him relating to his property or person (m); or an order is made, even on summons in chambers, without suit, for payment of a legacy for his maintenance (ji), or of the income of a fund paid in under the(o) Trustee Relief Act; or where the order is simply for appointing a guardian (/j), but not on an application under the Infant's Settlement Act (q). [So essential is property, in order to give the Court the means of enforcing its jurisdiction, that, where there is none, it is usual to settle on the infant and pay into Court even a nominal sum {e.g., 20/. (r) or 100/. (s) ), in order to fulfil the object of the Court in requiring property, viz., its having "the means of applying it for his use and maintenance" (t); though no substantial use can be made of a nominal sum ! and, as Mr. Forsyth has well observed (u), where the only object of the application to Court is to remove him from illegal or improper custody, pro- perty or no property seems immaterial.] (7t) Jac. 251, n. (p) Stuart v. Marquess of Bute, 9 (i) When this ends, infra, p. 86. II. L. at p. 457. (j) 24 & 25 Vict. c. 100, s. 55. (q) Re Balton, 6 De G., M. & G. (A) Jac. 264, n. 204. {I) Judicature Act, 1873, s. 34. (?•) Andrews v. Salt, 8 Ch. 627. (m) Hughes v. Science, 2 Eq. Cas., (s) M'Pherson on Infants, 103. Abr. 756, pi. 14. (t) Wellesley v. Duke of Beaufort, (re) Re Graham, 10 Eq. 530. 2 Russ. 21. O) Re Hodge's Settlement, 3 K. & («) Custody of Infants, p. 25. J. 213. g2 84 The Prevalence of Equity. This right of a father is not waivable by him, being a duty as well as a privilege, even on his adultery or cruelty to his wife (x). And agreements having that object in view will not be specifically performed, though if a deed had been actually executed, the Chancery Division would enforce any of its stipulations which are in accordance with law (y). Exceptions to Rule. [The reasons for the Court's interference having been in most cases more than one](.z). (i.) Much more weight is given to the wishes of female infants as to custody, if of years of discretion — which depends, at least at law, on age not mind, and is fourteen in boys and sixteen in girls (a) — than of males (b); and they have been examined upon them, even without any fault in the father (c). (ii.) Where the father, without in the least demoralizing the infant by his teaching or example, treats him with such violence, harshness, or cruelty as shows him utterly unfit to have the conduct or management of children (d). (Hi.) Where the father, being unable to maintain the infant, has separated from his wife, and deserted (e) the infant, or endangered his property (f), or disappointed his expectations, if solid ones(g). (x)Vansittart\.}'unsitta?-t,2DoG. (c) Ex parte Hopkins, 3 P. Wins. & J. 256, where the written memorandum 152. was signed by the husband and wife. (//) Curtis v. Curtis; 5 Jur., N. S. (y) Ibid. 258. (Ch.) 1147. (z) Simp-oii on Infancy, 1 .'37. (r) lie England, 1 R. & M. 499. (a) Be Andrew; 8 L. U., Q. 15. at (/) 2 Tnd. L. C. Eq. 685. p i • ' (<7) Jac 265, n. (//) Simpson on Infancy, 139. On the Custody and Education of Infants. 85 [But insolvency alone will not disentitle him] (Ji). (iv.) " Where the father, being of a perverted mind in respect of religious (i) or moral views or habits, is incul- cating such habits or views on his children, so as to be most grievously detrimental to them in after life as members of society" (Ji). (v.) If the father has waived his right by accepting a pecuniary benefit (not a mere offer (J) ) for him- self (in), or for the infant (n), from a stranger, who has prescribed the custody, such custody having been adopted by the father (0). The father in this case, however, will be allowed access ( p). [This waiver is distinguished from the prohibited waiver mentioned above (. On the Custody and Education of Infants. 87 (1..) Her contempt of (/•), or disobedience to (7), Court. (c) Where the parents' religions are different — which does not necessarily preclude her right to custody — (in), ap- plication has been ordered by the Court to be made respecting it, on the infant attaining seven (n). (ii.) Infant of the age of Discretion (o). Rule in Equity. The same weight is given to the wishes of the infant, as in the case of the father (p). (2.) Illegitimate Infant. Mother has no right to the custody, either at law (q) or in equity (r), but will be allowed access (s). (in.) Testamentary Guardian and Guardian appointed by the Court. The Court controls the latter less reluctantly (t). Though called testamentary, father may appoint him by deed (u) (gu., without a witness ?) (x). Direction in the will that wife shall have the education may amount to a devise of guardianship (?/). Rule in Equity. He is entitled to the custody as (z) against the mother, (k) 1 Ves. sen. 1-58. 00 Conrtois v. Vincent, Jac. 2G8, n. (I) Be Nenlery, 1 Ch. at p. 2G7. (.?) Ibid. (m) Simpson, p. 122. (0 He Goode, 1 Ir. Ch. Rep. 25G. («) Austin v. Austin, 34 Bear. («) 12 Chas. 2, c. 2-1. 2G5, n. (■'•) 19 Beav. at p. 87. (o) What is, svpra, \\ 81. (y) 1 Ves. sen. 91. (p) Supra, p. 84. (*) Eyre v. Shaftesbury, 2 P. Wms. (,) Knott v. Cottee, 2 Phillips, 192. (>) Ex parte MowitfoH, 15 Ves.447. On the Custody and Education of Infants. 89 [3.] " Or Education? School Board may compel parents to send to school ib). (i.) Father. (10 Legitimate Infant. Utile in Equity. The father has the first right to educate, and prescribe the education, general or religious, of the infant (c). The Court pays a " sacred regard to the religion of the father" (d). The Court infers (e) the father's wish to be that the infant shall be educated in his own religion unless he direct otherwise. The greater happiness, and possibly the better pecuniary provision for the infant involved in his being educated in a religion different from the father will not, per se, weigh with the Court (f). The religious faith is not to be matter of barter in the Court ((/). Exceptions to Utile. (i-) Where there is laches or waiver by him (h), or by the testamentary guardians (i), of his right. In determining this waiver, an ante-nuptial agreement, though it does not bind him (A), will weigh with the Court. (ii.) Where a stranger, by pecuniary benefits given to the father or infant, and accepted by the father, has pur- chased (I) the right of prescribing the education. (h) Education Act, 1S70, sect, 74. (/) Andrews v. Salt, 8 Ch. 638. (c) Talbot v. Earl of Shrewsbury, {g) 4 M. & Cr. G72. 4 M. & C. 672. {It) Hill v. Hill, 10 W. R. 400. (d) Hawkesworth v. HawJtesnortJi, (/) Andrews v. Salt, 8 Ch. at p. 637. 6 Ch. at p. 542. (k) Ibid. 0) Re North, 11 Jur. at p. 10. (J) Lyons v. Blenhin, Jac. 245. 90 The Prevalence of Equity. (iii.) Where impressions have been made on, or permanent opinions different from the father's have been formed by, the infant, if of years of discretion, or a precocious child of tender years (in). (iv.) Where he is morally unfit to have the education (n). Illegitimate Infant. Being nullius f litis, father has no right to the edu- cation, having none to the custody (o). (ii.) Mother (Father dead, no Testamentary Guardian). Has a right to prescribe the secular education. As to the religious education, the same rule and exceptions as in case of ' father ' (]>). (iii.) Testamentary Guardian (including mother) and Court Guardian. Eule in Equity. He may regulate the mode and place of education (q), subject to the wishes of the father, and (in the case of Court guardians) subject to order of the Court first obtained. Must bring infant up in same religion as father, unless he or the Court direct otherwise (r). [C] 1 [abeas Corpus. Has only to do with custody, not education. It (in) Slum-lull v. Stonrton, 8 Do G., (//) Supra, p. 89. G 760. (v) Hall v. Hall, 5 Atk. 721. ' n i \imiiij.. 2 Sim., N. S. lit p. 77. (/) Supra, p. I 9 i ■ ', p I 6. On the Custody and Education of Infants. 91 was, before the Judicature Acts, issuable as of course, unless infant was a ward of Court, in which case it would be refused (s), by any one on allegation that the infant was detained in illegal custody, and must be peremp- torily complied with, the justification of the detainer, if any, coming out on the bringing up of the body, or return. The Court will not only set free from improper, but, if infant be too young to choose (f), deliver to proper, custody (11). [The jurisdiction of the Court of Chancery upon habeas corpus in infancy (transferred by the Judicature Acts to the Supreme Court (x) ), was part of the common law jurisdiction of the great seal, and exactly the same as that of the common law judges (y). Therefore there is in such case no "conflict or variance" generally be-" tween law and equity within sub-sect. 11, and no rules of equity to "prevail" within this sub-section. But the Court of Equity would, before the late Acts, restrain on proper occasions a father or other person from suing out a habeas corpus (r), or proceeding on it, if sued out.] (s) Forsyth, 54; Wcllesleij v. Wei- (w) Bex v. Isley, 5 Ad. & Ell. 441. lertey, 2 Bligh, N. S. 142. O) Judicature Act, 1873, sect. 16,(1). (7) lie Andrews, 8 L. R., Q. B. at (y) Anony., Jac. 2.34. p. 158. (z) M'Pherson, 162. 92 The Prevalence of Equity. Chapter XI. CASES OF CONFLICT NOT ENUMERATED. 36 & 37 Vict. c. 66, sect. 25, sub-sect. 11. " Generally, in all matters not hereinbefore "particularly mentioned, in which there is any conflict and variance between the rules of equity and the rules of the common laic with reference to the same matter, the rules of equity shall prevail." This, like the old general prayer for relief in a bill, comprehends, it is hardly necessary to observe, all the subject-matter of the previous sub-sections, with much more. To enter upon this wider field is beyond the pro- vince of the present Treatise, and would involve a disquisition upon Law and Equity generally. It may be well asked, however, why such of the ten preceding sub-sections as contain instances of special variance and conflict betAveen Law and Equity (i. e. sub-s. 3, 4, 6, 7, 10) were deemed necessary by the draughtsman of the Act, since he intended to gather, and has effectually gathered, up everything into his mesh, in one swoop, by this general conclusion; and since the whole contains its parts, and the universal the particular ? INDE X. Absolute, annuities, 9. assignments, 45. Abstract op Title, 65, G7. Access, 82, 83, 85, 88. Accommodation Bill, 59. Account, 15, 58. Acquiescence, 18, 19, 21. Act of God, 32. Annuities, 8, 68. Apres Possibilite, 23. Assent. of debtor, 51 . of executor, 53. Assignments, absolute, 45. partial, 51. voluntary, 48. for value, 51, 52. Auter Droit, 34, 35. Bail Bonds, 47. Bank Notes, 13. Bankruptcy, 1. Better Equity, 57. Bills, of exchange, 46, 47, 59. o£ lading, 46, 60. Breach, of trust, 16, 17, 30. of covenant to insure, 72. of bye laws, 73. of statute, ib. Calls, 59. Cesser, proviso for, 72. Charge, 2. merger of, 39. Charter-party, 46. Chose in Action, legal, 46. equitable, 46, 47. of bankrupt, ib. of wife, 60, 61, 62. Collision of Ships, 80. Compensation, 15, 68. for misdescription, 74. Consolidation, 4. Constructive, trust, 16. notice, 74. Contingent, annuities, 7. liabilities, 10. Covenant, to build, 73. to cultivate land, ib. to insure, 72. to repair, ib. not to assign, ib. not to trade, ib. Custody of Infants, 82. Damages, measure of, 29. for collision of ships, 80. Declaration of Trust, 49. Dedication to Ornament, 29. 94 Inch rx. Delivery, of abstract, 65. of deed, 56. of possession, ib. Deposit, payment of. 65. Discretion, age of, 84. Distringas, 53. Ecclesiastical Property, 68. Education of Infants, 89 — 91. Ejectment, 4, 73. Equities, 58. Essence, time of the, 65. Exchequer Bonds, 47. Executed Contract, 84, 85. Executor, of express trustee, 17. notice to, 53. Executory Contract, 85. Express, trust, 11. intention to merge, 40. notice, 52. Extinguishment, 35. of charge, 39. Father, custody by, 82. education, 89. religion of, ib. Fellings, rightful, 31, 32. "Following" the Land, 14, 16. i obbolobuhe, i. Fobpeii i as, 70. Freight, 46, 81. i j. i 1 1 Trees, 24. ( , BRKZirS, ib. <. I AUDI AN. court, 87, 90. by nature, B8, B£. by nurture, 88, 86. imentary, 87, 88, 90. Habeas Corpus, 90, 91. Husband, assignment by, of wife's chose in ac- tion, 60. Illegitimate Infant, 86, 87. 90. Implied Trusts, 16. breaches of, 17. intention to merge, 40. Infants, Settlement Act, 83. choses in action of, 63. custody of, 82. education of, 89. Injunction, 75. Insolvent Estates, administration of, 1. Insure, covenant to, 72. Interest, 6, 81. Interpleader, 45, 64. Judgments, 46, 47. Laches, 20, 21, 89. Lading, bill of, 46, 60. Liabilities, 8, 10. Lien, 2, 3, 58. Life, annuity, 8. policy, 46, 47. Limitation, Statutes of, 11, 17. Liquidated Damages, 71. Lunar Months, 65. Mandamus, 75. Mandatory Injunction, 76. Marine Policies, 46, 47. Market Overt, 18. Marshalling, 4. Merges, Legal, 84. 01 securities, 42. Index. 9-] Misdescription, 74. Months, 65. Mortgage, 2, 3. Mortgagee, i, 5, 6, 44. Mortgagor in Possession, 43. Mother, rights of, 86, 87, 90. Nomine Pcenje, 70. Notice, of assignments, 45, 54. of bankruptcy, 55. of general assignment, ib. purchaser with, 13, 14, 15, 56. purchaser without, 14, 15, 50. Objections of Purchaser, 05. Operation at Law, 23, 35. Options to Purchase, 69. Ordinary Timber, 26, 27, 31. Ornamental Timber, 27, 28, 29, 31. Overdue Bill or Note, 59. Partial Assignment, 51. Pawn, 3. Paymaster General, 52. Penalty, 70, 71. Pledge, 3. Policies, life, 46, 47. marine, ib. Power of Attorney, 51. Preferential Debts, 7. Presumption of Merger, 40, 42. Priorities, 55, 56. Privity of Estate, 24, 76, 78. Promissory Notes, 46, 47, 59. Proviso for Re-entry, 72. Public-house, 68. Quality of Estate, 34. Quantity of Estate, 34. Receivers, 75, 79. Reduction into Possession. 61. Re-entry, Pkovision for, 72. Replevin Bonds, 47. Requisitions of Purchaser, G5, 67. "Resting" on Security, 5. Retention, of instrument, 56. of security, 57. Reversionary Chose in Action of Wife, 60. legal, ib. equitable, 61, 62. Saplings, 28. Secured Creditor, 2. Security, merger of, 42. specific, 4. Separate Estate, 60. Set-off, 58. Shares, 47. Solido, sum in, 71. Specific Security, 4. Spoliation, 24, 26, 76, 77. Staleness of Demand, 18, 20. Statutes, 13 Eliz. c. 5 (Fraudulent Conveyances), 48. 21 Jac. 1, c. 15 (Limitations), 14, 17. 3 & 4 Ann. c. 9 (Promissory Notes), 47. 4 Ann. c. 16 (Bail Bonds), ib. 7 Ann. c. 25 (Promissory Notes), ib. 11 Geo. 2, c. 19 (Replevin Bonds), ib. 96 Index. Statutes — continued. 1 & 2 Will. 4, c. 58 (Interpleader), 64. 3 & 4 Will. 4, c. 27 (Limitations), 11, 12, 13, 17. 3 & 4 Will. 4, c. 42 (Limitations), 17. 1 & 2 Vict. c. 45 (Interpleader), 64. 1 & 2 Vict. c. 110 (Judgments), 3. 5 Vict. c. 5 (Distringas), 53. 8 & 9 Vict. c. 16 (Railway Bonds), 47. 10 & 11 Vict. c. 96 (Trustee Relief), 64. 12 & 13 Vict. c. 74 (Trustee Relief), ib. 12 & 13 Vict. c. 106 (Bankruptcy), 9. 15 & 16 Vict. c. 76 (Common Law Procedure), 72. 17 & 18 Vict. c. 104 (Merchant Shipping), 81. 18 & 19 Vict. c. 43 (Infants' Settlements), 63. 18 & 19 Vict. c. Ill (Bills of Lading), 47. 19 & 20 Vict. c. 120 (Settled Estates), 31. 20 & 21 Vict. c. 54 (Trustees), 16. 20 & 21 Vict. c. 57 (Reversionary Property), 63. 20 & 21 Vict. c. 85 ( Divorce), 82. 22 & 23 Vict. c. 35 (Property and Trustee Relief ), 72. 23 & 24 Vict. c. 126 (Common Law Procedure), 64, 72. 24 & 25 Vict. c. 100 (Offences against Person), 83, 86. 27 & 28 Vict. c. 112 (Judgments), 3. 30 & 31 Vict. c. Ill (Life Policies), 47. :;] & 82 Vict. c. 86 ( Marine Policies), ib. 32 & 83 Vict. c. 71 (Bankruptcy), 2, 4, 5, 7, 8, 9, 10, 46, 17, 61. 32 & 83 Vict. c. 83 (Bankruptcy), 9. 85 & 86 Vict. c. 4 I (< Ibancery Funds), 52. B6 & 87 Vi.i.Y. 12 m nstody <>f [nfants), 85. 87 & 88 Vid. c.67 (Limitations), 17, 18. Stipulations, as to time, 65. other than as to time, 70. Stop Orders, 52. Stoppage in Transitu, 59. Tacking, 4. Testamentary Guardian, 87. 88, 90. Thinnings, 28,32. Timber, trees, 25. estate, ib., 32. money, 29. Timberlike, 27. Time, 65. Trees not Timber, 24, 27, 32, 33. Trespass, 43, 75, 76, 78, 79. Trttst breach of, 11, 16, 17. express, 11. constructive, 16. implied, ib. Trustee, cestui que trust, v., 11, 14, 15 Trustee Relief Acts, 45, 64. Underwood, 28. Unsecured Creditor, 6, 7. Valuation, of annuities, 8. of liabilities, 10. Voluntary, assignment, 48, 49, 50, 53, 58, 61. waste, 24. Volunteer, from trustee, 11, 15. Waiver, by cestui que /rust, 18, 19, 20. of time, 66, 67, 68, 69. <>r father's rights, 84, 85, 89. Ward op Court, 83. Waste, 75, 76, 77. legal, 24. equitable, 25, 26, 27, 28, 29, 30. Windfalls, 32, 33. a Catalogue LAW WORKS PUBLISHED BY MESSRS. BUTTERWORTH, ILato Booksellers antt ^utiltsfters TO THE QUEEN'S MOST EXCELLENT MAJESTY H.R.H. THE PRINCE OF WALES. " Now for the Latcs of England (if I shall speak my opinion of them " without partiality either to my profession or country), for the matter and " nature of them, I hold them wise, just and moderate laws: they give to God. " they give to Ccesar, they give to the subject what appertaineth. It is true " they are as mixt as our language, compounded of British, Saxon, Danish, " Norman customs. And surely as our language is thereby so much the richer, " so our laws are likewise by that mixture the more complete." — Lord Bacon. LONDON : 7, FLEET STREET, E.C. 1876. $\ibn to GTatalogue. Accounts, page Solicitors'. Conmbs .. 82 Law of. 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Barry 20 Blaxland 4(1 House 10 Smith 38 ( lollieries. Bainbrldge.. 12 Tudor 22 ( lommentaries. Forms. Barry 20 Phillimore's, interna- Christie 25 tional 21 Crabb 25 Stephen's Blaokstone's 5 Kelly 11 ( lommercial, Form*, Crabb 9S House Shelford Ifi Law. Chilly 4(1 Cum ictions ( Surnmar )• Treatiei. Hertslel ... 33 Synopsis of. Oke ... 29 . Forms. Oke 2:> ( ommon Form LracJ i< C. Coote j ( !o-operative Societies Brabrook 10 ( lommon Lav . Copyholds, At Chambers. r.ii i Inson 37 Enfranchisement. Bouse 2 i Costs. l.aw of. Scriven 28 Graj II Coroner. Baker 15 I'll intuit/. Chitty,jun 27 Corporations, Greening ■i:, I 1 ,il. (laches ... 22 Williams :; . t a Gene) al. Grant ... 27 -o INDEX TO CATALOGUE. Costs, Law of. Gray ... 1 1 County Courts. Uavis 9 Rules and Acts, 1875. Davis 9 Equity and Bankruptcy. Davis 9 Criminal Law. Davis 39 Oke 29 ( 'urates. Field 47 Deeds. Tudor 22 Descents. Feaine ... 46 Dictionary, Law. Mozley & Whiteley 5, -IS Digest, /louse Lords Cast s. Clark 20 Patent Cases. Higgins 8 Discovery of Evidence. Hare 21 I >ivorce. Practice. Brownin Domestic Servants. Baylis Drafting, Equity. Lewis Draftsman (The) Kelly Drainage. Woolrych Wilson Easements. Latham Ecclesiastical, Practice. Coote... Judgments. Burder v. Heath Gorhamc.Bp. of Exeter 47 Hehbert r. Purchas ... '17 Long v. Bp. Cape Town 47 Martin ». Mackonochie 47 Westerton v. Liddell ... 47 Election, Law. Davis 2S Elementary Law. Francillon 44 Mosely 26 Enfranchisement, Copy- holds. Rouse ... 2G England, Laws of. Blackstone ... 5 Stephen .. 5 English Bar. Pearce ... 43 Smith ... 3S English Law. Blaxland 40 Equity, Doctrine and Practice of. Goldsmith 21 Draftsman. Lewis ... 21 Equity and Law. Chute 23 Pleader. Drewry ... 34 Prevalence of . Trower 13 Suit in. Hunter See Chancery. 28 21 1! ... 34 ... 47 ... 47 15 PAGE Evidence, Circumstantial. Wills 33 County Court. Davis 9 Indian. Field ... 41 Law of. Powell ... (i Wills. Wigram ... 40 Examinations. Preliminary. Benham ... 34,43 Journals ... 42. 43 Intermediate and Final. Mosely ... 26, 42 Fences. Hunt 15 Eishcries,,sw////0». Bund 17 Oke 4i> Foreign Attachment. Brandon 2S Foreshores. Hunt 15 Williams v. Nichol- son 44 Forms, Conveyancing. Barry .. 20 Crabb .. 25 Rouse 10 County Courts. Davis 9 Magisterial. Oke ... 29 Probate. Chadwick 32 Frauds. Hunt 30 Friendly Societies. Brabrook 10 Gaius' Roman Law ... ss Game Laws, oke ... 4S Gaining. Edwards ... 40 Gas Companies Acts., so Gavelkind. Robinson 4G General Average. Crump... si Guarantees. De Colyar 14 Health, Public. Glen 37, 4S Highways. Glen 37, 4S History, Constitutional. Fulton 10 House of Lords, Practice. May ... 11 Digest d Index to Cases. Clark 20 Idiots. Phillips is Income Tax Laws. Dowell 40 Indian Civil Service Exam. Cutler ... 44 Indian Evidence. Field 41 Indian Penal Code. Cutler and Griffin ... 41 Indian Statute Law. Field 41 Industrial & Provident Societies. Brabrook 1G 14 1!) PAGE Inheritance, Indian Chart of. Field ... 40 Inns, Law of. oke ... 29 Institutes of Publicand Private Law. Nasmith Insurance, Marine. Crump Intermediate Exami nation, Guide. Bedford Journal ... ... 4 2 International Law. Hamel 44 Hertslet 33 Phillimore 24 Jersey (Law of). Bowditch ... ... 45 Le Cras 4.3 Joint Stock. Banks. Grant ... l.i Companies. Shelford 12 Judicature Acts. Baxter 27 Bedford 19 Chute 23 Rogers 17 Webb 22 Jurisprudence. FormofLaw. Holland 37 Webb (i Justice of Peace. Oke 2g Labour Laws. Davis... 6 Landlord and Tenant. Fawcett !3 Law Dictionary. Mozley & Whiteley... 5 Law and Equity, chute 23 Law Exam. Journal 42 Law Pamphlets. 41, 4.-,, 46, 47 Law Studies. Mosely... 26 Smith ... 38 Stephen's Blackstone 5 Leading Cases, Ileal Property. Tudor 22 Leases. Crabb 25 Rouse... ... lij Legacy Duties. shelford 26 Libel. Starkie 4S Licensing Laws. Oke .. 2:) Life Assurance. Blayney 4ii Lord Mayor's Court. Brandon 28 Lords, House of, Cases. Clark 20 Lunacy. Phillips ... is Magisterial Law, Acts. Davis 39 Practice. Oke ... 29 Forms. Oke 29 INDEX TO CATALOGUE. O 2S 27 Marine Insurance. Crump ... Maritime Warfare. Deane Hamel Master and Servant. Baylis ... Davis Master and Workmen. Lovesy Matrimonial Causes. Browning Mercantile Accounts Pulling Mercantile Law. Chitty Accounts. Pulling Military Law. Dwyer Mines and Minerals. Bainbridge Mortgages. Fisher Rouse Municipal Law. Caches Grant Naturalization. Cutlet 35 Naval Prize. Lushington St Negligence. Saunders.. 35 Neutrals. PhUHmore ... 24 < Irtolan's Roman Law is Pamphlets, Law. 44, 45. 46, 17 Parliamentary. Clifford & Stephens ... -11 Davis 28 May 11 Parsonages. Trower... .1 Partnership. Dixon ... 17 Patent < lases. Higgins 8 Patents. Norman ... 44 Peerage < Haims, ( lardner. Le Marchant 44 Petty Scj i"n-. Pews. Heal 1 ... .'i;% ir Pleading, I m a "a Law. r: .. .Inn. ... 27 Greening 14 Williama /. juity. I'm' . ■ 1 PACE Preliminary Exam illa- tion Guide and Jour- nal 34, 43 14 48 I Poor Li t On ... 82 Precedents, < 1 i/iiin iinj. < 1 lloun 16 I ... 4H ('leading Cliit tj ... ' • Principal and Surety De Colyar Priority. Fisher Private Bills. Clifford & Stephens ... 19 May ... 1 1 Private Law (English). Nasmith 14 Privilege, Parliamentary. May 'll Privy Council Practice. Admiralty. Coote ... 18 Prize Law. Lushington 34 Probate, Common Form. Coote 7 Contentions. Tristram 34 Forms. Chadwick ... 32 Duties. Shelford ... 20 Property Tax Laws. Doweli 40 Provident Societies. Brabrook 16 Public Health. Glen... 07 Public Law (English). Nasmith 14 Railways. Shelford ... 30 Compensation. Ingram 35 Carriers. Powell ... 31) Leal Property. Seaborne ... ... 20 Tudor 22 Chart. Fearne ... Hi Referees' Court Practice. Clifford & Stephens... 11 Registration. Davis „. 28 Religion. Church&State 47 Ritual. Bayford ... 47 Bullock ... 17 llamel 17 Phillimore ... 47 Roman Law. Gains 38 Ortolan IS Tomkine 88 Tomkina and Jencken 23 Salmon Fisheries. /..in hi'. Bund ... 1 7 S;n ingS Banks. Grant IS Schools. Trower ... 34 Sea Shore. Hunt ... is Servanl , /.. /, bbj lit B Settlements, Voluntary. Bouse ... 16 Sewers. Woolrych ... 27 Sheriff. Sewell 46 Short Hand. Gurney... 4:. Slander. Starkie .. 4^ Solicitors' Bookkeeping. Coombs ... ... 32 Specific Performance. Fry 3'i Stamp Laws. Doweli... 40 Standing Orders. May 11 Stock Exchange. Grant 13 Keyser 40 Students' Examination Guide. Benliam ... 34 Mozley ... 26 Succession Duty. Shelford 26 Summarv Convictions. Oke * 29 Suit in Equity. Hunter 15 Surety, Principal and. De Colyar 14 Tenancies, Agricultural Bund Tenant, Landlord and. Faweett 13 Time Table. Bedford.. 19 Tithes. Schomberg ... 4(5 TownCouncillors Manual Gaches 22 TortS. Lair of. Underbill 11 TradesTJnions. Brabrook 16 Treaties. Hertslet .. 33 Trusts, Charitable. Tudor 23 Turnpike haws, oke 3i» Vendors & Purchasers. Seaborne 20 Wagers. Edwards ... 46 Water Companies Acts se Waters. Hunt 15 Wills, coote 7 Crabb 25 Rouse lii Tudor .. ... 22 WJgram 40 Winding-up. Collier ... 10 Grant ... 13 She Hold 12 WindowLights. Lath imS4 Wrongs. Underhill ... 11 ■O o- LAW WORKS PUBLISHED BY MESSRS. BUTTERWORTH. > Stephen's Blackstone*s Commentaries. — Seventh Edition. 4 vols. 8vo., 4/. 4.v. cloth. .AIR. SERJEANT STEPHEN'S NEW COMMENTARIES ON THE LAWS OF ENGLAND, partly founded on Blackstone. The Seventh Edition. By James Stephen, Esq., LL.D., Judge of County Courts; late Professor of English Law at King's College, London, and formerly Recorder of Poole. From tin' Law Journal. "We entertained no doubt in 1SC8 that tlie approbation accorded theretofore to the father would not be withheld from the son, whose ■lame had already been connected with the Work, and whose eminence as a lawyer was an absolute guarantee that no falling off would he detected in knowledge, accuracy, diction «r method. The event has shown that this expectation was well founded, and we cordially welcome the Seventh Edition of this noble anil famous Work. " It is unnecessary for us on this occasion to repeat the eulogy which six years ago we bestowed, not without just reason, on the Commentaries as they then appeared. It has been remarked that Stephen's Commentaries enjoy the special merit of being an educa- tional work, not merely a legal text book. Their scope is so wide that every man, no matter what his position, profession, trade or employment, can scarcely fail to find in them matter of special interest to himself, besides the vast fund of general information upon which every Englishman of intelligence may ra v with advantage." From the Solicitor'.'! Journal. "A Work which has reached a Seventh Edition needs no other testimony to its use- fulness. And when a law book of the size and costliness of these ' Commentaries' passes through many editions, it must he taken as established that it supplies a need felt in all branches of the profession, and probably to some extent, also, outside the profession. It is difficult indeed to name a law book of more general utility than the one before us. It is as regards the greater part) not too technical for the lay reader, and not too full of detail for the law student, while it is an accurate and '.considering its design) a singularly complete guide to the practitioner. This result is due in no small degree to the mode in which the successive editions have been revised, the alterations in the law being concisely em- bodied, and carefully interwoven with the pre- vious material, forming a refreshing contrast to the lamentable spectacle presented by cer- tain works into which successive learned editors have- pitchforked headnotes of cases, thereby rendering each edition more uncon- nected and confusing than its predecessor. As the result of our examination we may say that the new law has, in general, been accu- rately and tersely stated, and its relation to the old law carefully pointed out." From the Laic Times. " We have in this Work an old and valued friend. For years we have had the last, the Sixth Edition, upon our shelves, and we can state as a fact that when our*text books on particular branches of the Law have failed us, we have always found that Stephen's Commen- taries have supplied us with the key to what we sought, if not the actual thing we required. We think that these Commentaries establish one important proposition, that to be of thorough practical utility a treatise on English Law cannot be reduced within a small compass. The subject is one which must be dealt with comprehensively, and an abridgment, except merely for the purposes of elementary study, is a decided blunder. " Of the scope of the Commentaries we need say nothing. To all who profess acquaintance with the English Law their plan and execution must be thoroughly familiar. The learned Author has made one conspicuous alteration, confining 'Civil Injuries' within the compass of one volume, and commencing the last volume with 'Crimes,' — and in that volume be has placed a Table of Statutes. In every respect the Work is improved, and the present writer can say, from practical experience, that for the Student and the Practitioner theie is no better Work published than ' Stephen's Commentaries."' From the Lam 'Examination Journal. " What Bacon's works are to philosophy, Blackstone's Commentaries and Stephen's Commentaries, founded on Blackstone, are to the study of English Law. For a general survey of the entire field of English Law, or, at least, for a comparative survey of different branches of law, Stephen's Commentaries are unrivalled; and we may observe that these Commentaries should not he used merely as a hook of reference, they should be carefully studied." Mozley and Whiteley's Concise Law Dictionary. In 1 vol. 8vo., cloth. A CONCISE LAW DICTIONARY, containing Short and Simple Definitions of the Terms used in the Law. By Herbert Newman Mozley, M.A., Fellow of King's College, Cambridge, and of Lincoln's Inn, Esq., and George Crispe AViiiteley, M.A. Cantab., of the Middle Temple, Esip, Barristers at Law. This work, which has been for some time in preparation, purposes to give short and simple explana- tions of the technical terms and phrases used in tin: Lair, including both tlwsefound in the older legal works and those of more modern and every day occurrence ; the object being to product a book, tchich shall be useful, not only to Law Students and to members of bbth branches of the i.< • '"! Profi ssim, but also to Magistrates and the general public. O— c^ o- LAW WORKS PUBLISHED BY ■O Davis's Labour Laws of 1875. Svo., lL'.v. clotl). THE LABOUR LAWS OF 1875, with Introduction and Notes. By J. E. Davis, of the Middle Temple, Esq., Barrister at Law, and late Police Magistrate for Sheffield. " This is a class of book which is very much wanted, and should receive every encourage- ment. Mr. Davis says that his object has been to combine a popular comment with a strictly practical treatise. In this he has completely succeedej. The book is in every respect careful and thoughtful, it gives the best reading of the law which we have, and furnishes in extenso all the Acts of Parliament relating to the subject." — Laic Times. "Mr. Davis's book is not a reprint of the acts with a few notes, but an original and complete treatise, and it will be appreciated by those who are concerned in the working of the labour laws." — Laic Journal. " 'The Labour Laws' are the subject of a treatise by Mr. J. E. Davis which magistrates and practitioners will find useful.*' — Daily ,\" ics. " A good book on this subject should fulfil two distinct functions by no means easy to combine. It should afford a clear and un- technieal explanation of the law for the benefit of the magistrates who will have to administer, and it should also contain a careful and accu- rate commentary on the law for the benefit of lawyers. Mr. Davis has, in our opinion, successfully lullilled both these requisites. Mr. Davis may he congratulated upon having produced a book which will probably become the standard work on this important subject." — Solicitors' Journal. " Perhaps no one is so well qualified for the task as Mr. Davis. The work will undoubtedly increase the reputation of the author, and may be regarded as essential to all who have to administer the law.". — Capital ami Labour. " The work is intended to be, and no doubt will become a text-book for the profession and for those who will have to administer the law." — Hi i hive. " The best exposition that we know of, of the Labour Laws of the country." — Echo, " A new and important work on the Labour Laws. Mr. Davis 'special knowledge of these statutes eminently tits him for the work." — Sheffield Daily Independent. "We can only assure our readers that we conscientiously estimate the work as one upon the possession of which they will congratulate themselves." — rrish Law Times. Powell on Evidence. 4th Edition. Post Svo., 18s. cloth. By Cutler & Griffin. POWELL'S PRINCIPLES AND PRACTICE OF THE LAW r OF EVIDENCE. Fourth Edition. By J. Cutler, B.A., Professor of English Law and Jurisprudence, and Professor of Indian Jurisprudence at King's College, London; and E. F. Griffin, B.A., Barristers at Law. ■ . ■ Tfiis : Ho practia undi / the Judicature Acts, as in /! as other material additions. 'The plan adopted is, we think, an admirable references to more than one set of reports. one for a concise, handy hook on the subject. Such maxims as, that hearsay is inadmissible, are given at the head of the chapter in large type, and then follow the explanation and ap- plication of the general rule. As the book is primarily for tin- use Of students intending to go to India) the references to Indian law are IUB; but as the Indian law of evidence' very closely f( How s our own the book is useful to ail students, and even where there is a ,i the two systems it is gene- rally Instructive to trace it. The Indian code of evidence given at tbe end of the book dc- , , ( t., be read bj everj I udent, w lot her going to India or not. The few rules of the English law oi evidence which are purel) tatutory are also given verbatim, Including the two orders of the Judicature Art, 1873, which app ai to be i 01 rectly appreciated. The 1 form of l'"-.'.. ii on Evidence la a hand) . •.-.ill printed and carefully prepared edition of a book 1 i putatlon and authority ." — Law Journal. "The editors of this work put forward ' no claim to thai exhaustlveni is which other h iir la ■.■. oi <\ idence aim on the contrary, is to to 1 he pi hi' Iple ' ol I heit author ' of not o\ 1 cases.' We heartily approve the principle i which, how ill ni' application, w a In mo 1 Instance 1 I'd, and the . 1. ..it. ii by The plan of the book is to give pretty fre- quently, and, as far as we can discover, in almost every chapter, a 'rule' of general application, and then to group the cases round it. These rules or axioms are printed in a dis- tinctive type. The work has been pruned and remodelled by the light of the Judicature Acts. The authors give in an appendix the Indian Evidence Acts, with some Indian decisions thereupon, and occasionally notice these acts in the text. On the whole we think this is a good edition of a good book. It brings down the cases to the latest date, and is constructed upon a model which we should like to see more generally adopted."— Solicitors' Journal. "We have received the fourth edition of ■ Powell's Principles and Practice of the I. aw of Evidence,' by Culler and Griffin. We are informed in the preface that the n stilts of the Judicature Acts as regards evidence have been duly noted, whilst the work Itself has been rendered more comprehensive, it is an ex- cellent summary of principles."- -Lain Times. " There is hardly any branch of the law of greater Interest and Importance, nbl only to the profession, but to the public at large, than the law of evidence. <>u this branch of tin- law, moreover, as well as on many others, i in port ant changi have been 1 fleeted of recent years. w. air, therefore, all the more Inclined to welcome the appearance oi the fourth Edi- tion of this valuable work." -Law Examiita- tioi Journal. ft- o- MESSRS. BCTTERWORTH, 7, FLEET STREET, E.C. Coote's Probate Practice.— Seventh Edition. In 1 vol., Svo., -ox. cloth. THE COMMON FORM PRACTICE OF THE HIGH COURT OF JUSTICE IN GRANTING PROBATES AND ADMINISTRA- TIONS. By Henry Charles Coote, F.S.A., late Proctor in Doctors 1 Cotnmons, Author of" The Practice of the Ecclesiastical Courts,' 1 &c, &c. Seventh Edition. " The profession will be glad to welcome the publication of this most valuable work. When the monopoly which the proctors anil advocates enjoyed in Doctors' Commons was abolished, and the practice in probates and letters of administration was thrown open to the general profession, the uninitiated derived greater benefit and instruction from this book ■ than from any other which was published for their guidance. It has become an acknow- ledged necessity in the library of every prac- titioner. Since the publication of the last edi- tion, new rules have been promulgated for the Court of Probate, other regulations have been made by acts of parliament and an order in council, and the practice of the Court has in some respects been altered and settled. These changes have been attended to. A more useful book than this we do not know, and we need not say more than that in this edition the authors have done all in their power to increase its utility and secure its completeness." — Lou- iTagaiiut and Review. " A fifth edition in so short a time is a suc- cess that few law books can boast, and it is well deserved. Mr. Coote as a proctor pos- sesses that intimate acquaintance with the minutiae of practice which experience only can supply. Having noticed its successive editions as they appeared, it remains only to say that it brings down the statutes and cases to the present time.'' — Law Times on the ■>th Ed. " We must not omit to praise the complete character of the Appendix, which, occupying more than half the whole work, presents us with the statutes, the orders in council, rules and fees, tables of costs and forms, and leaves nothing to be desired by the proctor or solicitor eilher in the routine of common form or in the stages of suits," — Law Journal on tin 5th Ed. Bund's Agricultural Holdings Act, 1875. Demy 12mo., iloth. THE LAW OF COMPENSATION FOR UNEXHAUSTED AGRICULTURAL (IMPROVEMENTS, as amended by the Agricultural Holdings (England) Act, 1875. By J. W. WlLUS BUND, .M.A., of Lincoln's Inn, Barrister at Law, Author of "The Law relating to Salmon Fisheries in England and Wales,'' &c. " It will be found very serviceable to all those who have to administer the Agricultural Holdings Act of last session, and by all prac- tically interested in it, whether as landlords, tenants or valuers." — Daily News. " It is the act of parliament so simplified and explained that the summary here given cannot be otherwise than a boon to landlords and tenants. A more complete volume nevercame under our notice." — Worcester Herald. " Mr. Bund has placed the agricultural world under a debt of obligation by the oppor- tune publication of a commentary on the law of compensation for unexhausted improve- ments. The work is designed for popular use; it is intended to show in what position recent legislation has placed both landlords and tenants, and this end it effectually at- tains." — Berrows' Worcester Journal. "This is a simple and useful summary of the provisions of the present, statutes on this subject, with orders and forms for practical application." — Stum lard. "It contains clear statements and explana- tions which will enable any farmer or land- owner to understand precisely what are the conditions at present existing as to compensa- tion for improvements bylaw and by custom of the country." — Chamber of Agriculture Journal." " Mr. Bund's book is a useful work for land agents, and is especially interesting when treating of the customs in various localities." — Estates Gazette. '• The book is, on the whole, a very useful one, its author having wisely kept it clear of needless technicalities, as he intends it not for lawyers but for laymen, that is, for land- owners, farmers, laud stewards and the like. All who have any interest in landed property may read it to advantage." — Laud and, Water. "We hope that this little book may realize the anticipations of its author, and be of ser- vice to the classes for whose use it has been specially designed." — The Field. "Mr. Willis Bund has compressed into a simple and convenient form, the information needful for understanding the bearing of the Agricultural Holdings Act on the law of com- pensation for unexhausted improvements." — Saturday Review. " .Mr. Bund has made plain to all ordinary understandings the whole bearing, interpreta- tion and effect of the new law. All who are interested, on either side, should become possessed of this most lucid and valuable treatise." — Wore* ster ' 'hronicli . " This is a popular exposition of the Agri- cultural Holdings Act of last session, and will be valuable to those interested in this im- portant matter. We may congratulate Mr. Bund on having laid the law down very clearly to the lay mind." — Gardi n> I ' Chronicli . fy— ^_, & -o LAW WORKS PUBLISHED BY Higgins's Digest of Patent Cases. 8vo., 21s. dt.th. A DIGEST of the REPORTED. CASES relating to the Law and Practice of LETTERS PATENT for INVENTIONS, decided from the passing of the Statute of Monopolies to the present time. By Clement Higgins, M.A., F.C.S., of the Inner Temple, Barrister at Law. " Mr. Higjrins tells us in his preface that no opinion is expressed upon the cases digested, and no attempt is made to reconcile conflict- ing decisions. Such an attempt would have tailed, and have been out of place in a digest. Mr. Iliggins's work will be useful as a work of reference. Upwards of 700 cases are digested: and, besides a table of contents, there is a full index to the subject matter; and that index, which greatly enhances the value of the book, must have cost the author much time, labour and thought." — Law Journal. '"This is essentially,' says Mr. Higgins in his preface, ' a book of reference.' It remains to be added whether the compilation is reliable and exhaustive. It is only fair to say that we think it is; and we will add, that the arrangement of subject matter (chronological under each heading, the date, and double or even treble references being appended to every decision), and the neat and carefully executed index (which is decidedly above the average) are such as no reader of ' essentially a book of reference' could quarrel with." — Solicitors' Journal. " On the whole Mr. Higgins's work has been well accomplished. It has ably fulfilled its object by supplying a reliable and authentic .summary of the reputed patent law cases de- cided in English courts of law and equity, while presenting a complete history of legal doctrine on the points of law and practice relating to its subject." — Irish Law Times. " Mr. Higgins has, with wonderful and accurate research, produced a work which is much needed, since we have no collection of patent cases which does not terminate years ago. There is not any branch of the law in which analysis is so likely to' prove the safe mode of exposition as the patent law. The work is well arranged, and gives brief, though comprehensive, statements of the various cases decided. We consider, too, if an inventor fumishea himself with this Digest and a little treatise on the law of patents, he will be able to be as much his own patent lawyer as it is safe to be." — Scientific and Literary Review. " Mr. Higgins's object has been to supply are- liable and exhaustive summary of the reported patent cases decided in English courts of law and equity, and this object he appears to have attained.! The classification is excellent, being, as Mr. Higgins very truly remarks, that which naturally suggests itself from the practical working of patent law rights. The lucid style in which Mr. Higgins has written his Digest will not fail to recommend it to all who may consult his book; and the very copious index, together with the table of cases, w ill render the work especially valuable to professional men."— Mining Journal. "The appearance of Mr. Higgins's Digest is exceedingly opportune. The plan of the work is definite and simple. AVe consider that Mr. Higgins, in the production of this work, has met a long felt demand. Not merely the legal profession and patent agents, but patentees, actual or intending inventors, manufacturers and their scientific advisers, will find the Digest an invaluable book of reference." — Chemical News. " The arrangement and condensation of the main principles and facts of the cases here digested render the work invaluable in the way of reference." — Standard. "The work constitutes a step in the right direction, and is likely to prove of much ser- vice as a guide, a by no means immaterial point in its favour being that it includes a number of comparatively recent cases." — Engineer. " Mr. Higgins has given us, in a very natural and convenient order, the recorded decisions of the courts of law and equity in every branch of this great and difficult sub- ject. From these decisions the state of the law upon any point connected with patents may be deduced. In fine, we must pronounce the book as invaluable to all whom it may concern." — Quarterly Journal of Science. Baylis's Law of Domestic Servants. —By Monckton. Foolscap 8vo., '2.1. cloth. THE RIGHTS, DUTIES and RELATIONS of DOMESTIC SERVANTS and their MASTERS AM) MISTINESSES. With a short Account of the Servants' Institutions, &c. and their advantages. By 'I'. IIi.miv Baylis, M.A., <>f Brasenose College, Oxford, Barrister at Law • .I the Inner Temple. Fourth Edition, with considerable Additions, by EDWABD P, MONCKTON, Esq., B.A., of Trinity College, Cambridge, Barrister at. Law of the Inner Temple. fajCCl ol whirl • \u excellent momi >! ■■! ti / ,/ / imt i. "'I'm linii k thoroughly deaervea 'lu- ll hni gained, it i ontaini in ■ mall compaaa the law mi the important auhject in which it relotaa. I hit vol will be found n venient handbook in the leading authorities on the mbject." - Solicitor!' Journal, © — , . _ : MESSRS. BUTTERWORTH, 7, FLEET STREET, E. C. 9 Davis's County Courts Practice and Evidence. Fifth Edition. Svo., 38s. cloth. THE PRACTICE AND EVIDENCE IN ACTIONS IN THE COUNTY COURTS. By James Edwahd Davis, of the Middle Temple, Esq., Barrister at Law. Fifth Edition. *** Tliis is the only work on the County Courts which gives Forms of Plaints and treats fully of the Law and Evidence in Actions and other Proceedings in these Courts. " We are glad to learn that Mr. Davis's excellence of the work consists in the very work has been favourably received. The re- marvellous amount which it does include. cent decisions have been important and re- The Indices show that more than 3,000 cases quired noting up. This has been Mr. Davis's are quoted in it, and about 1,000 sections of task in the edition before us; we recently had statutes. About 200 forms are also given." — occasion to cite his reading of Horsenail v. Solicitors' Journal. Brace on the subject of imprisonment for debt, "Upon looking into this fifth edition we and that is a good specimen of the annotations find that the author has carefully noted and in the last edition. We believe Mr. Davis's is incorporated all the recent decisions of the the best and newest work on County Court Coutts of Westminster on matters directly and Practice." — Law Times. indirectly affecting the County Courts. Some "Mr. Davis's works are all conspicuous for idea of the magnitude of Mr. Davis's labours clearness and accuracy. He has been called may be formed from the fact that his List of upon to publish a fifth edition of his County Cases cited fills thirty-une pages of two columns Courts by reason of the sale of the former one. each. There is an excellent Index to the book This is a practical test of the utility of the and a Table of Statutes, Rules and Forms work, which is of more value than any theo- arranged on a novel and very skilful plan. It retical criticism. The Index, List of Cases is hardly necessary for us to sum up in favour and of Statutes are most complete and elabo- of a book which is so popular that the several rate, and every assistance in the way of dis- editions of it pass rapidly out of print. All we tinctness and variety of type is given to the need say is, that the verdict of the purchasing reader. The present edition will fully sustain public has our entire approbation." — Law the well-earned reputation of the work. The Journal. Supplement to Davis's County Courts. County Court Rules and Acts of 1875. Just ready, uniform with the above, 8vo., cloth. THE COUNTY COURT RULES, 1875, with Forms and Scales of Costs and Fees ; together with the County Courts Act, 1875, the Agri- cultural Holdings Act, 1875, and the Provisions of the Friendly Societies Act, 1875, and of other recent Statutes affecting the Jurisdiction of the County Courts. Forming a Supplement to Davis's County Court Practice and Evidence, as also to the same author's Practice in Equity, Bankruptcy, &c. *** This edition of the County Court Rules and Acts of 1S75 has been so arranged as to render it complete in itself, and being also furnished with an exhaustive Index., as well as references to Davis's Practice in the County Courts, 2 vols., it brings down the last published edition of t/ie same (lite Fifth) to the present time. Davis's Equity, Bankruptcy, &c. in the County Courts. 8vo. 185. cloth. The JURISDICTION and PRACTICE of the COUNTY COURTS in EQUITY, ADMIRALTY, PROBATE and ADMINIS- TRATION CASES, and in BANKRUPTCY. By J. E. Davis, of the Middle Temple, Esq., Barrister at Law. *»* This work, although issued separately, forms a Supplementary or Second Volume to Davis's County Courts Practice and Evidence in Actions. © — „ o- 10 LAW WORKS PUBLISHED BY Fulton's Manual of Constitutional History. Post Svo., 7s. (W. cloth. A MANUAL OF CONSTITUTIONAL HISTORY, founded upon the Works of Hallam, Creasy, May and Broom, comprising all the fundamental principles and the leading cases in Constitutional Law. By Forrest Fulton, LL.B., B.A., University of London, and of the Middle Temple, Esq., Barrister-at-Law. " Copious use has been made by Mr. Fulton of all the leading authorities on the subject, and he writes clearly and intelligibly. There is a full and carefully prepared index." — Law Times. " We can fairly say the book is well done, and the object of aiding the student in his first entry on the wide field of Consti- tutional Law and History is attained " — The Lair. "Mr. Fulton appears to have taken great pains to make it thoroughly useful and re- liable." — Civil Service Gazette. "For practical information and for student's purposes Mr. Fulton's is by far the best Manual of Constitutional History with which we are acquainted." — Irish Law Times. "So far as it goes, it is not without merit. The former part is written with care and clearness. Notwithstanding defects, we think Mr. Fulton's a fairly good elementary manual." —Solicitors' Journal. "The general reader will be much pleased with the chapters on the privileges of parlia- ment." — Standard. " A good reference book, as well as a book that ought to be read in the first instance strai lit through." — John Bull. " The author has spared no pains, and has succeeded in the somewhat difficult task of presenting the results of a wide range of read- ing in a well-digested form. Mr. Fulton may be congratulated upon the very successful accomplishment of a by no means easy task : his book supplies a felt want." — PublicOpinion. " Mr. Fulton has compiled a Manual of Constitutional History to aid beginners in their studies: the extracts he has given from his authorities appear to be well chosen." — Daily News. " it is useless for an ordinary student simply to read a ponderous work on the Constitution, unless at the same time he is able to assimilate its results. Mr. Fulton has recognized this difficulty, and the result is the truly admirable little manual to which we call the attention of our readers." — Canadian Kcics. Collier's Law of Contributories. Post 8vo., 9s. cloth. A TREATISE ON THE LAW OF CONTRIBUTORIES in the Winding-up of Joint Stock Companies. By Robert Collier, of the Inner Temple, Esq., Barrister at Law. " Mr. Collierhascollected with praiseworthy are treated with great discrimination, so that industry the cases relating to the subject of his work, and he has arranged them with con- siderable skill. Mr. Collier's general arrange- ment appears to have been carefully devised, and is probably as neat as the nature of the subject admits of. It is impossible after a perusal of the book to doubt that the author lias honestly studied the subject, and has not contented himself with the piactice of piecing together head notes from reports." — Solicitors' Journal. "We invite the attention of the profession to its merits as a collection and Digest of the Cases relating to the liability of persons to be made contributories. Mr. Collier has not shrunk from pointing out his views as to the reconcilability of apparently conflicting deci- sions or as lo many points on which the law is -.till DDiettledj without making any quota- tions for the purpose of illustrating the above remarks, we think we are Justified in com- mending this treatise to the favourable con- sideration of the profession," i.2. — Athenaeum. " Mr. Collier has carried out his intention, and has produced a work of great utility." — The Law. " The perplexity of the laws relating to per- sonal liability, naturally suggests a collection ot precedents and Cases which may be con- sidered settled, and of direct application to the generality of cases; and this the author appears to have done with success, as far as We ii i liei tin treatisi is a i apital one." — . .. . fr! learning something more upon the ■ than is to be found in works on partner- ship end joint sinik companies. The book is luiiv written, and we recommend il n> •IP. desire to learn something practical ;ii», mi the work which these societies are meant In do mnl tlif way in winch it is to lie done."— Sulit 11"/ I' J, nn, ml. " Mr. Brabrook's little work on these societies rtnne. and the statistics and information • il in it .in' valuable .mil Inu 1 1 than Isachapui devoted to practical advice! in which are contained many valuable and im- iinrt.'int hints."— Lam Magazine. " Mr. Brabrool brings not merely official know- ledge nl his legal position .is the barrister recently appointed i<> aasisl Mr, I'idd Pratt, Registrar of I i iind'.y Societies in England, but the devotion nl many years to a practical study of our in- dustrial mnl provident institutions."— Poit 4 " I In- author speaks with practical experience nnil authority."— Observer. " I hr clear exposition made by Mr. lir.ibmok in this volume supplies all she requisite informs lion, and persons interested in the subject will do Well tn consult its pah'es."— Mews of the World. o MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 17 Rogers's Judicature Acts, 1873 and 1875. One vol., demy 8vo., 21s. cloth. (Dedicated, by permission, to the Lord Chancellor.) THE LAW AND PRACTICE OF TLIE SUPREME COURT OF JUDICATURE. By Aiiundel Rogers, Esq., of the Inner Temple, Barrister at Law, Author of " The Law of Mines, Minerals and Quarries." -0 Bund's Law of Salmon Fisheries. Post 8vo., 15s. cloth. The LAW relating to the SALMON FISHERIES of ENGLAND nnd WALES, as amended by the Salmon Fishery Act, 1873, with the Statutes and Cases. By J. W. Willis-Bund, M.A., LL.B., of Lincoln's Inn, Esquire, Barrister at Law, Vice Chairman Severn Fishery Board. " I would wish in this place to express my excellently well, and nothing further in this approval of ' Bund's Law of Salmon Fisheries in England and Wales, with Statutes and Cases.' This work will affoid great assistance to those engaged in administering the law, while it affords valuable information on the theory and practice of salmon legislation in general." — From the Thirteenth Annual Report of J ' nspectorBuckland on Salmon Fisheries, 1 874. " Mr. Willis-Bund, the draughtsman of the new act, has published an important treatise on the whole of the Salmon Fishery Acts, which has already been accepted as a complete exposition of those statutes." — From the Thirteenth Annual Report of Inspector Walpole on Salmon Fisheries, 1874. " Doubtless all the law will be found between his covers, and we have not been able to detect any erroneous statements. We can recommend the book as a disquisition, — it is conscientiously executed." — Law Times. "Mr. Bund, whose name is so well known to all who take interest in our Salmon fisheries, lias lost no time since the passing of the Act of 1S73 in bringing out his work on salmon fishery law. That the book, so far as England and Wales are concerned, is a very complete and exhaustive one, no one who knows Mr. Bu' d's clearness and power of application will doubt. Mr. Bund has done the work way can be desired." — The Field. "This terse arid useful summary gives not merely the Salmon Fishery Act of 1873, but the state of the law as left repealed and un- affected by that act, with statutes and cases arising from them. The whole subject is treated exhaustively, and in a manner most satis- factory." — Standard. "There is happily a good and ample index at the end of the volume. By means of this we have tested the author on various difficult points, and we have always found his opinion sound, and his explanations clear and lucid. This volume must of necessity become a hand-book to salmon-fishers in general, and especially to boards of conservators, who will thereby be much assisted in the formation of the new boards of conservators, under the Act of 1873; also the operation of the Acts of 1801 and 181J5, as amended by the Act of 1873." — Land and Water. " The author of the work before us has done much to supply the shortcomings of legisla- tion. He has brought to the subject not only a comprehensive knowledge of this branch of the law, but a practical acquaintance with its administration, and the result is a book of considerable merit." — Fublic Opinion. Dixon's Law of Partnership. 1 vol. 8vo., 22s. cloth. A TREATISE on the LAW of PARTNERSHIP. By Joseph Dixon, of Lincoln's Inn, Esq., Barrister at Law. Editor of " Lush's Common Law Practice." "We imagine that very few questions are likely to come before the practitioner which Mr. Dixon's book will not be found to solve. Having already passed our opinion on the way in which the work is carried out, we have only to add that the value of the book is very materially increased by an excellent marginal summary, and a very copious index." — Law Magazine and Review. " Mr. Dixon has done his work well. The book is carefully and usefully prepared." — Solicitors' Journal. " Mr. Dixon enters into all the conditions of partnerships at common law, and defines the rights of partners among themselves j the rights of the partnership against third per- sons; the rights of third persons against the partnership; and the rights and liabilities of individuals, not actually partners, but liable to be treated by third persons as partners." — The Times. " We heartily recommend to practitioners and students Mr. Dixon's treatise as the best exposition of the law we have read, for the arrangement is not only artistic, but concise- ness has been studied without sacrifice of clear- ness. He sets forth the principles upon which the law is based as well as the cases by which its application is shown. Hence it is something more than a digest, which too many law books are not : it is really an essay." — Law Times. •' He has evidently bestowed upon this book the same conscientious labour and painstaking industry for which we had to compliment him some months since when reviewing his edition of Lush's ' Practice of the Superior Courts of Law,' and, as a re- sult, he has produced a clearly written and well arranged manual upon one of the most impor- tant branches of our mercantile law."— Law Journal. D 18 LAW WORKS PUBLISHED BY Robson's Bankrupt Law. — Third Edition. Very nearly ready, 8vo., cloth. A TREATISE ON THE LAW OF BANKRUPTCY; con- taining a full Exposition of the Principles and Practice of the Law, including the Alterations made by the Bankruptcy Act, 1869. With an Appendix comprising the Statutes, Rules, Orders and Forms. By George Young Robson, Esq., of the Inner Temple, Barrister at Law. Third Edition. Coote's Admiralty Practice. — Second Edition. 8vo., \6s. cloth. THE PRACTICE of the HIGH COURT of ADMIRALTY of ENGLAND : also the Practice of the Judicial Committee of Her Majesty's Most Honorable Privy Council in Admiralty Appeals, with Forms and Bills of Costs. By Henry Charles Coote, F.S.A., one of the Ex- aminers of the High Court of Admiralty, Author of "The Practice of the Court of Probate," &c. Second Edition, almost entirely re-written, with a Supplement giving the County Courts Jurisdiction and Practice in Admiralty, the Act of 1868, Rules, Orders, &c. »** This work contains every Common Form in use by the Practitioner in Admiralty, as well as every description of Hill of Costs in that Court, a feature possessed by no other work on the Practice in Admiralty. Mr. Justice Lush's Common Law Practice. — Third Edition by Dixon. 2 vols. 8vo., 4G*. cloth. LUSH'S PRACTICE of the SUPERIOR COURTS of COMMON LAW at WESTMINSTER, in Actions and Proceedings over which they have a common Jurisdiction : with Introductory Treatises re- specting Parties to Actions; Attornies and Town Agents, their Qualifica- tions, Rights, Duties, Privileges and Disabilities ; the Mode of Suing, whether in Person or by Attorney in Forma Pauperis, &c. &c. &c; and an Appendix, containing the authorized Tables of Costs and Fees, Forms of Proceedings and Writs of Execution. Third Edition. By Joseph Dixon, of Lincoln's Inn, Esq., Barrister at Law. Phillips's Law of Lunacy. Post Svo., ls.v. cloth. THE LAW CONCERNING LUNATICS, IDIOTS ami PERSONS of UNSOUND MIND. By Charles Palmes Phillips, M.A., of Lincoln's Inn, Esq., Barrister at Law, and one of the Commis- sioners in Lunacy. "Mr. C. P. Phillip* lias In hi* v.ry complete, elaborate tod useful volume presented us with an •■ti. II. in view of the preseut law a* well m the predict relation toll ey." Lau Magaiiut umi Rtvitt . "The wiirk is one on which t lif mil hor lias evidently bettowed greal pains, and which not only bears i lit- murk hi great application and research, bnt whii li ahowa a familiarity with the subjei 'i."- JnMit i a) the Peace. -o MESSRS. BUTTERWORTH, 7, FLEET STREET, E. C. 19 MR. BEDFORD'S STUDENTS' EXAMINATION GUIDES. Bedford's Intermediate Examination Guide. 2 vols. 8vo., 14s. 6d. cloth. The INTERMEDIATE EXAMINATION GUIDE: containing a Digest of the Examination Questions on Common Law, Conveyancing and Equity, with the Answers. By Edward Henslowe Bedford, Solicitor, Temple, Editor of the " Preliminary," " Intermediate" and " Final," &c. Bedford's Final Examination Guide to the Judicature Acts, 1873-5. 1 vol. 8vo., 7 s. 6d. cloth. THE FINAL EXAMINATION GUIDE to the PRACTICE of the SUPREME COURT OF JUDICATURE: containing a Digest of the Final Examination Questions, with many new ones, with Answers under the Supreme Court of Judicature Acts. By Edward Henslowe Bedford, Solicitor, Editor of the " Preliminary," " Intermediate," and "Final," &c.,&c. "Mr. Bedford's Final Examination Guide and consecutive headings in the form of ques- supplies a want which will be much felt by tion and answer, and the result is a useful and students as to what they are to read with refer- readable book, which we would recommend ence to the new practice. The Guide and Time students to keep in view." — Irish Law Times. Table will be found useful helps to students "We have in these pages a well arranged in perusing the Judicature Acts." — Law Ex- and clear digest of the final examination ques- amination Journal. tions, and many new questions, with answers, " Mr. Bedford's Guide to the Practice of the under the Supreme Court of Judicature Acts." Supreme Court, while prepared for the use of —Standard. candidates for the various law examinations, " There are a great many dull people who is moreover calculated to convey to others a cannotprepareforexaminationwithouthaving clearer notion of the main alterations that may every conceivable question placed before them have been effected than might be obtained in anticipation, immediately followed by its from many more pretentious treatises. The corresponding answer. This is the object of various sections, orders and rules of the acts the book and it seems to fulfil it." — Echo. have been here arranged under their proper By the same Author, on a Sheet, Is. A TABLE of the PRINCIPAL STEPS and TIMES in an ACTION UNDER THE SUPREME COURT OF JUDICATURE ACTS. " It will not only prove of service to common Judicature. This Table has been corrected law and chancery clerks, but also to articled so as to embrace the chances introduced by the clerks in the course of their studies." — Law Rules of December 1, 1875." — Law Journal. Times. "The Time Table by the same author (Mr. " Mr. E. H. Bedford has prepared a third Bedford) presents in a conspicuous and con- edition of his useful broadsheet, containing a venient form the times allowed for taking the Table of the principal steps and times in an various steps in an action." — Law Examina- ordinary action in the Supreme Court of lion Journal. Also just published on a Sheet, Is. A TABLE of the PRINCIPAL STEPS and TIMES in a CHANCERY SUIT. By Edward Henslowe Bedford, Solicitor, Editor of the " Intermediate Examination Guide." Just ready, in 8vo. THE FINAL EXAMINATION GUIDE to the LAW of PROBATE and DIVORCE. By E. H. Bedford, Solicitor, Temple, Author of the " Final Examination Guide to the Practice of the Supreme Court of Judicature," &c, &c. -O 20 LAW WORKS PUBLISHED BY Seaborne's Law of Vendors and Purchasers. Post Svo., 9s. cloth. A CONCISE MANUAL of the LAW of VENDORS and PURCHASERS of REAL PROPERTY, with a Supplement, including the Vendor and Purchaser Act, 1874, with Notes. By Henry Seaborne. *** This icork is designed to furnish Practitioners with an easy means of reference to the Statutory Enactments and Judicial Decisions regulating the transfer of Real Property, and also to bring these authorities in a compendious shape under the attention of Students. " The value of Mr Seaborne's work consists which may be useful to students.'' — Solicitors' in its being the most concise .summary yet pub- Journal. lished of one ol the most important branches of " We wi'l do Mr. Seaborne the justice to say the law. The student will find this book a useful that we believe nis work will be of some use lo introduction to a dry and difficult subject." — articled clerks and others in solicitors' offices. Law Examination Journal. who have not the opportunity or inclination to " The book before us contains a good deal, es- refer to the standard works from which his is pecially of practical information as to the course compiled." — Law Journal. of conveyancing matters in solicitors' offices, Clark's Digest of House of Lords Cases. Royal 8vo., 31s. 6d. cloth. A DIGESTED INDEX to all the REPORTS in the HOUSE of LORDS from the commencement of the Series by Dow, in 1814, to the end of the Eleven Volumes of House of Lords Cases, with references to more recent Decisions. By Chakles Clark, Esq., one of Her Majesty's Counsel, Reporter by Appointment to the House of Lords. "The decisions of the supreme tribunal of tions of mere precedent. The acknowledged this country, however authoritative in them- eminence o; the noble and learned persons by selves, were not, until of late years, at all whom the decisions have been pronounced, familiar to the great body of the legal pro- gives them a value beyond their official autho- fession; the early reports of them being in the ritativeness. It is hoped that this Digest will hands of but few persons. In that tribunal, have the effect of making the profession at more than in any other, questions can be con- large familiarly acquainted with them."—- Pre- sidered, as they have been, upon purely legal fatory Notice. principles, freed from the letters and obstruc- Barry's Practice of Conveyancing. 8vo., 18s. cloth. A TREATISE on the PRACTICE of CONVEYANCING. By W. Whiitakek Barry, Esq., of Lincoln's Inn, Barrister at Law, late I [older of the Studentship of the Inns of Court, and Author of " A Treatise on the Statutory Jurisdiction of the Court of Chancery." " We feel bound to strongly recommend it to been felt. There has been no treatise on the the practitioner as well as the student. The Practice of Conveyancing issued for a long time author has proved himself to be a master of the past that is adequate forthe present requirements, subject, for be not only gives a most valuable Mr. Barry's work is essentially what it professes supply of practical suggestions, but criticises to be, a treatise on the Practice of Conveyancing. then with much ability, and we have no doubt The treatise, although capable of compression, thai hie criticism will meet with general op- is the production of a person of great merit and ploval." — Law iMagnzine. still greater promise."— Solicitois' Journal. " It com, uni, in a concise and readable form, " A work the substance of which is so well the law relating to almost every point likely to known to our readers, needs no recoiiimen- arise in tin- Ordinary every day practice ol the datum from us, for its merits are patent to all, conveyancer, »nli references to the various from personal acquaintance with them. The authorities and statutes to the latest date, mid information that the treatise so much admired in iv lie clrM Tihcd lis i manna] of practical con- in.iy now he had in the more convenient form of u;:."- Lev Journal. el k. will suffice of itself to secure a large and " I Ins treatise supplies a wont which has long eager demand for it."— Lou Times. Barry's Forms in Conveyancing. 8vo., 21* cloth. lOIJMSAM) PRECEDENTS IN CONYKY AXCINCJ ; with Introduction and Practical Notes. Hy W. Wmittakkr Barry, of Lincoln'i Inn. Esq., Barrister at Law, Author of "A Treatise on the Practice of Conveyancing. o~ MESSRS. BUTTERWORTH, 7, FLEET STREET, E. C. 31 Goldsmith's Equity.— Sixth Edition. Post 8vo., ISs. cloth. THE DOCTRINE AND PRACTICE OF EQUITY: or a concise Outline of Proceedings in the High Court of Chancery, designed principally for the Use of Students. Sixth Edition, according to the recent Statutes and Orders. By Geo. Goldsmith, Esq., M.A , Barrister-at-Law. " A well-known law student's book, the best, some extent with th^t adopted by Mr. Haynes because i he most thoroughly complete, yet siui- in his excell nl * OuJ.iues of Kquity,' but his plified instructor, in the principles and practice work is more comp'ete than thatof Mr. Haynes." of equity that has ever been provided for him ; — Law Examination Journal. and that its value has been recognized by those " the whole work is elaborated by Mr. Gold- who have made use of it is proved by this— that smith with evident care and a determination to their commendations hive carried it to a sixth deal with all that can come within the scope ot the edition. The principles of equity are as they tile. It is characterized by comprehensiveness were, but the practice has so changed since the and at the same time conciseness, by clearness of publication of the first edition, that every part diction and attractiveness of style and avoidance ol this division of the work has required to be of technicalitieswhich might prove embarrassing rewritten almost as often as a new edition was to the student, aid a close adherence to the pur- demanded. Of course, the size of the book has pose as expressed in the preface. Mr. Gold grown also, and from being, as we remember it, smith's volume is marked by as much originality a very little book, to be carried in the pocket, it as well can be found in a work of its kind."— has become a portly volume, and this fairly re- Law Journal. presents its increased merits. Now that every " Altogether the author's method and his exe- student aspiring to the bar is to be examined be- cution are alike commendable— and we are of fore admission, good bo >ks for instruction in opinion that the lawyer, who, as a student, the law will be more than ever in request" — avails himself of the primary intention of Mr. Law Times. Goldsmith's work by finding in it his first equity " It is difficult to know which to praise most, reading book or primer, will afterwards verify the excellence and dignity of the style, or the ex- the anticipation of the author by making ot it haustiveness of the information furnished to the dilectujnvenili or vade mecum in his later prac- reader. Mr. Goldsmith's plan corresponds to lice." — Law Magazine, 2nd notice. Lewis's Introduction to Equity Drafting. Post 8vo., 12s. cloth. PRINCIPLES of EQUITY DRAFTING; with an Appendix of Forms. By Hubert Lewis, B.A., of the Middle Temple, Barrister at Law ; Author of " Principles of Conveyancing," &c. Lewis's Introduction to Conveyancing. 8vo., 18s. cloth. PRINCIPLES of CONVEYANCING explained and illus- trated by Concise Precedents ; with an Appendix on the effect of the Trans- fer of Land Act in modifying and shortening Conveyances. By Hubert Lewis, B.A., late Scholar of Emmanuel College, Cambridge, of the Middle Temple, Barrister at Law. Hare on Discovery.— Second Edition. Post 8vo., 12s. cloth. A TREATISE ON THE DISCOVERY OF EVIDENCE IN THE HIGH COURT OF JUSTICE. Being a Second Edition of A TREATISE ON THE DISCOVERY OF EVIDENCE BY BILL AND ANSWER IN EQUITY, by Thomas Hare, of the Inner Temple, Esq., Barrister at Law. Adapted to the Procedure under the Supreme Court of Judicature Acts and Rules, 1873 and 1875, by Sherlock Hare, of the Inner Temple, Esq., Barrister at Law. " We have read his work with considerable lation are referred to in the text, a synopsis of attention and interest, and we can speak in recent cases is given, and a good index corn- terms of cordial praise of the manner in which pletes the whole."— Law Times. the new procedure has been worked into the "The original work speedily became an au- old material. Not that the old material has thoiity on this subject, and has been for years been allowed to remain unimproved. In a recognized text-book among the profession many instances necessary changes and amend- and the courts, and we are pleased to see that mentis have been mide, evincing a thorough the present editor has in no way abated his appreciation of the necessities of the case on care in noting up the new cases and explaining the part of the learned editor. We purposely the present law and practice, so that in all abstain from referring to the details of the essential points the present edition is a worthy book. 'Hare on Discovery' has long been successor to its predecessor." — Irish Law well known, it must now become betterknown. Times. All the sections and orders of the new legis- o - -<@> 22 LAW WORKS PUBLISHED BY O Judicature Acts. By Locock Webb, Q.C. 1 vol. 8vo., price 21*. cloth. THE SUPREME COURT OF JUDICATURE ACTS, 1873 and 1875, with the Rules of Court, Forms, &c. ; Consolidation of those Statutes and Rules, and Practical Commentaries on the Rules of Law, the Jurisprudence and Judicature of the Supreme Court, the Practice of on Appeals to the Court and Appeals to the House of Lords. A copious Index. By Loc'OCa Webb, Esq., one of her Majesty's Counsel. Gaches' Town Councillors and Burgesses Manual. Post 8vo., 7s. cloth. THE TOWN COUNCILLORS and BURGESSES MANUAL, a Popular Digest of Municipal and Sanitary Law, with information as to Charters of Incorporation, and a Collection of useful Forms especially adapted for newly Incorporated Boroughs. By Louis Caches, L.L.M., B.A., of the Inner Temple, Esq., Barrister at Law. " Mr. Gaches undoubtedly supplies a want in neat and convenient form. It should be added popularizing the subject, and making it famili and easily intelligible to minds not endowed with any great faculty of research." — Law Times. " Mr. Gaches has drawn together within a short compass the statutory provisions relating to municipal corporations and the administration of sanitary law, and lie has printed them in a that the appendix to the work contains a large number of useful forms."— Solicitors' Journal. " The object is excellent. A town councillor who reads Mr. Gaches' book will be more likely to discharge his duties efficiently than a town councillor who has not read any book on muni- cipal and sanitary authority." — Law Journal. Kerr's Action at Law. — Third Edition. 12mo., 9s. cloth. AN ACTION AT LAW : being an Outline of the Jurisdiction of the Superior Courts of Common Law, with an Elementary View of the Proceedings in Actions therein. By Robert Malcolm Kerr, Barrister at Law; now Judge of the Sheriff's Court of the City of London. Third Edition. " There is considerable merit in both works ( lohn William Smith'saim Malcolm Kerr's); but the second (Kerr) has rather the advantage." — Jurist. " Mr. Kerr's book is more full and detailed than that of Mr. John William Smith, and is therefore better adapted for those who desire to obtain not merely a general notion but also a practical ac- quaintance with Common Law Procedure" — Solicitors' Journal. Tudor's Leading Cases on Real Property, &c— 2nd Edit. One thick vol. royal 8vo., 42s. cloth. A SELECTION OF LEADING CASES on the LAW RELATING to REAL PROPERTY, Conveyancing, and the Construc- tion of Wills and Deeds; with Notes. By Owen Davies Tudor, Esq., of the Middle Temple, Barrister at Law. Author of" A Selection of Lead- ing Cases in Equity." Second Edition. I In- Second Edition is now before us, and law itself applicable to the cases discussed by we arc able to say that the same extensive knowledge and the same laborious industry ns have been exhibited by Mr. rndoi oo former occasions characterize this later production of his legal authorship; and it is enough at ilns ininiienl to ri'iii r.iK' : pinion that Mr. I uilur has will maintained the high legal reputation which his standard work* have achieved in all conn trie* where the English language is spoken. and the deciaiom "I our Courti are quoted. Law Magaiint and lit ■ << ii " i in- work before oa comprises a digest of decision! wlinli, il not exhaustive i.| all the principles "i our real property coda, will at ii-.isi be found to leav« nothing untouched or unelaborated under the numeroui legal doc trims to which the caiei severally relate. i<> Mr. rudor's treatment ol .ill thete tubjectt, so complicated and o varied, we accord our entire commendation. There are no omissions ol .mv Important caiei n latlvi to tbc various branchei '.' tin- i.i a comprised In the work, nor are there Ion oi di f< 1 1 In ail tsteweni of the him. We cordially recommend the work to the practitioner and tlie student alike, but espe- cially to the formers'—Solicitors' Journal. "This and the other volumes of Mr. I udor are almost a law library in themselves, and we are satisfied that the Student would learn more law from the careful reading of them than he would acquire from double the time given to the elaborate treatises which learned professors recommend (he student to peruse, with entire forgetfulnesa that time and brains are limited. an. I that to do what they advise would be the work of a life. Smith and .Mr. Tudor will to- gether give them SUCh n knowledge of law ns i Ih v could not obtain from a whole library of text bonks, and ol law that will be useful every 'I. iv, instead of law tb.it they will not want three times in their lives. At this well the practising lawyer might beneficially refresh Ins mory by s draught, when a leisure hour will permit bfm in study a leading ease No law library should be without this most useiul book,"— Lav) Times. — o 9 — o MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. J:J Chute's Equity in Relation to Common Law. Post 8vo., 9s. cloth. EQUITY UNDER THE JUDICATURE ACT, OR THE H ELATION OF EQUITY TO COMMON LAW: with an Appendix, containing the High Court of Judicature Act, 1873, and the Schedule of Rules. By Chaloner William Chute, Barrister at Law; Fellow of Magdalen College, Oxford ; Lecturer to the Incorporated Law Society of Great Britain. "His manner is eminently philosophical, way in which modern cases are used to illus- and proves the capacity of the author for the trate the doctrines expounded. As it stands position of a lecturer, while it is just the kind it appears to us to be a useful guide to the of teaching by which students are attracted to leading principles of Equity Jurisprudence, the light. Students may here congratulate The book is written in easy and familiar lan- themselves on the possibility of finding, within guage, and is likely to prove more attractive the limits of two hundred pages, many of the to the student than many formal treatises." chief doctrines of Equity, set forth briefly, — Solicitors' Journal. lucidly and completely." — Law Journal. " He thinks clearly, writes very well. As a " We may add that his style presents a very small and meritorious contribution to the agreeable contrast to the general style of law history of jurisprudence it deserves to be books. In conclusion, we would heartily re- welcomed." — Law Times. commend this most instructive and interesting " The work is conscientiously done and will work to the perusal of the student." — Law be useful to the student at the present junc- Examination Journal. ture." —Echo. "The present volume can scarcely fail to " Mr. Chute's book is founded upon lectures oecome a standard work on the subject of delivered by him to the students at the Law which it treats. Mr. Chute has one special Institution. The object of it is to point out virtue for which his readers will be thankful — concisely the principles on which the doctrines the method and arrangement— which are spe- of Equity depend, and to show the relation of cially valuable in a book of this kind." — Mom- Equity to the Common Law, and the work is iw;i Post. a useful one for the class of persons to whom "The book is deserving of praise, both for the lectures are delivered." — Athenceum. clearness of exposition and for the interesting Tomkins and Jencken's Modern Roman Law. Svo., 14s. cloth. COMPENDIUM of the MODERN ROMAN LAW. Founded upon the Treatises of Puchta, Von Vangerow, Arndts, Franz Mceliler and the Corpus Juris Civilis. By Frederick J. Tomkins, Esq., M.A., D.C.L., Author of the "Institutes of Roman Law," Translator of " Gaius," &c, and Henry Diedrich Jencken, Esq., Barristers at Law, of Lincoln's Inn. " Mr. Tomkins and Mr. Jencken could not " To those who think with us that the study have written such an excellent book as this if of the modern civil law has been too much they had not devoted many laborious days, neglected in the education of solicitors, the ad- probably years, to the study of Roman Law in mirable book whose title we have above an- its entirety, and to research into the laws of nounced will be indeed invaluable." — Law continental states, for the purpose of learning Examination Journal. what principles of Roman Law are preserved in their jurisprudence." — Law Times. Tudor's Law of Charitable Trusts. — Second Edition. Post 8vo., 18s. cloth. THE LAW OF CHARITABLE TRUSTS; with the Statutes to the end of Session 1870, the Orders, Regulations and Instructions, issued pursuant thereto ; and a Selection of Schemes. By Owen Davies Tudor, Esq., of the Middle Temple, Barrister-at-Law ; Author of " Leading Cases in Equity;" " Real Property and Conveyancing;" &c. Second Edition. " No living writer is more capable than only to add that the index is very carefully Mr. Tudor of producing such a work : his compiled .^-Solicitors' 'Journal " , 7 ' . „ .. j i „ .y,„ "Mr. Tudor's excellent little book on Cha- Leading Cases in Equity, and also on the ritable Tmgtg _ u h ^ aU respects the text . Law of Real Property, have deservedly earned bQok for the lawyerj as well as a hand-book for for him the highest reputation as a learned. reference by trustees and others engaged in the careful and judicious text-writer. We have management of charities." — Law Times. ©— '24 LAW WORKS PUBLISHED BY — O Phillimore's Commentaries on International Law. 2nd Ed. 4 Vols. 8vo., 61. 3s. cloth. COMMENTARIES on INTERNATIONAL LAW. By the Rt. Hon. Sir Robert Phillimore, Knt., Member of H.M.'s Most Hon. Privy Council, and Judge of the High Court of Admiralty of England. *** For the convenience of purchasers. Vol. 1, price 25s., Vol. 2, price 28s., Vol. 3, price 3Gs., and Vol. 4, price 34s. cloth, may be had separately to complete sets. Extract from Pamphlet on "American Neutrality" by George Bemis (Boston, U.S.). — "Sir Robert Phillimore, the present Queen's Advocate, and author of the most comprehensive and systematic ' Commentary on International Law ' that England has produced." development of commerce has made inter- national relations more intimate. It follows that international law will be more studied, "The authority of this work is admittedly great, and the learning and ability displayed in its preparation have been recognized by writers on public law both on the Continent of Europe and in the United States. With this necessarily imperfect sketch we must conclude our notice of the first volume of a work which forms an important contribution to the litera- ture of public law. The book is of great utility, and one which should find a place in the library of every civilian." — Law Magazine. " We cordially welcome a new edition of vol. 1. It is a work that ought to be studied by every educated man, and which is of con- stant use to the public writer and statesman. We wish, indeed, that our public writers would read it more abundantly than they have done, as they would then avoid serious errors in dis- cussing foreign questions. Any general ctiti- cism of a book which has been received as a standard work woul I be superfluous; but we may remark, that whilst Sir Robert strictly ad- heres to the canons of legal authorship, and never gives a statement without an authority or offers a conclusion which is not manifestly rieducible from established facts or authorita- tive utterances, yet so lucid is his style, we had almost said so popular, so clear is the enunci- ation of principles, so graphic the historical portions, that the bonk may be read with plea- sure as well as profit. It will not be out of place to further remark, that the arrangement is excellent, the table of contents, the list of authorities are complete, and, therefore, these Commentaries are singularly handy for refer- ence. Altogether this work is a witness to the zeal, industry and ability of Sir It. Phillimore. It will not only he read at home, but also in the United States, and it cannot fail to smooth the way for the thorough international understand- ing bet with England and America that the true men of both countries so ardently desire." — l.mr Journal. " It is the mo I complete repository of mat- ters bearing upon international law that we have In the language. We need not repeat the commendations of the text itself as a treatise or scries of treatises which this journal e\pi, 'l Fees and Hills of Costs. By W. Ernst Browning, Esq., Barrister at Law. Brandon's Law of Foreign Attachment. Bvo., I l.v. cloth. A TREATI8E upon the CUSTOMARY LAW of FOREIGN ATTACH M ENT, and the PRACTICE of the MAYOR'S COURT of the CIT\ OF LONDON therein. With Forms of Procedure. Ily Wood- i nun ric Brandon, Esq., of the Middle Temple, Barrister at Law. ■a MESSRS. BUTTEltWORTII, 7, FLEET STREET, E. C. 2S) -O Mv. <©Kr* Maqi^ttviat WBoxtw. Oke's Laws as to Licensing" Inns, 1874, &c. &c. ; con- taining the Licensing Acts, 1872 and 1874, and the other Acts in force as to Alehouses, Beer-houses, Wine and Refreshment-houses, Shops, &c, where Intoxicating Liquors are sold, and Billiard and Occasional Licences. Systematically arranged, with Explanatory Notes, the authorized Forms of Licences, Tables of Offences, Index, &c. By George C. Oke, late Chief Clerk to the Lord Mayor of London. Second Edition, by W. C. Glen, Esq., Barrister at Law. PostSvo., 10s. cloth. " A new edition of the late Mr. Oke's care- law. The tahle of offences is especially valu- able." — Solicitors' Journal. " The arrangement in chapters by Mr. Oke seems to us better than the plan pursued by the authors of the rival work, and we think that Mr. Glen has done well to leave in many cases a concise statement of the effect of the legislation repealed by the late Act. He also gives a useful list of places beyond the metro- politan district, and in the police district." — Solicitors' Journal (second notice). '•Messrs. Butterworth have judiciously con- fided the task of revision to the pen of Mr. Cunningham Glen ; the whole is comprised in a well got up volume of 353 pages. Both the table of contents and the index are capitally arranged, and afford every facility for refer- ence." — Brewers' Guardian. " We can pronounce a favourable opinion with a clear conscience, and that verdict is, that for fulness, perspicuity, careful indexing and exhaustive treatment of dubious and de- bateable points, this neatly printed volume is the most comprehensive, convenient and re- liable digest of the often indigestible licensing laws that has yet appeared." — Licensed Vic- tuallers' Gazette. fully prepared manual is rendered necessary by recent changes in the law, and Mr. Glen has done his work well. He has made the book of 1872 available as a book of reference in 1874. It is very fortunate that there is a well indexed treatise to refer to, for lawyers may have a great deal of business in respect of the last Licensing Act." — Law Journal, Sept. 12th, 1874. " Mr. Oke has brought out by far the best edition of the act, or perhaps we should say a treatise on it. Everything appears to be given which can by possibility be required, and the forms are abundant."— Law Times. " We have to acknowledge a second edition of the late Mr. Oke's Licensing Law, edited by Mr. W. C. Glen. Recent legislation has been added so as to make the work a complete book of reference on the subject of which it treats down to the present time." — Law Times (second notice). "This treatise on the Licensing Laws is accurate and thoroughly practical. Of Mr. Oke's treatment of his subject we can speak with the highest praise. The book will no doubt at once take its place as the recognized guide for those who have to do with licensing Oke's Magisterial Synopsis ; a Practical Guide for Magistrates, their Clerks, Attornies, and Constables; Summary Convictions and Indictable Offences, with their Penalties, Punishments, Procedure, &c, being alphabetically and tabularly arranged : with a Copious Index. Eleventh Edition, much enlarged. By George C. Oke, late Chief Clerk to the Lord Mayor of London. In 2 vols. 8vo. 63s. cloth. " The tenth edition of this valuable work was published so recently as 1868, and this fact is more eloquent of the merits of Mr. Oke's labours than any amount of commen- dation from us. It is only necessary that we should notice the appearance of this last (eleventh) edition, 1872, which we do with much pleasure." — Law Times. '•This is the eleventh edition of Mr. Oke's work since 1848, a fact which speaks for itself. The profession and the public have proved by experience the excellence of the book ; and the personal supervision of the author is a guarantee that the present edition is equal to its predecessors. Mr. Oke's labour in prepar- ing it must have been considerable, and the rapid growth of magisterial jurisdiction having Oke's Magisterial Formulist; being a Complete Col- lection of Firms and Precedents for practical use in all Cases out of Quarter Sessions, and in Parochial Matters, by Magistrates, their Clerks, Attornies and Constables. Fifth Edition, enlarged and improved. By Thomas W. Saunders, Esq., Barrister at Law and Recorder of Bath. 8vo. 38s. cloth. (Noiv ready.) rendered it necessary to insert much new mat- ter and to rewrite and condense no small por- tion of the old. In the result, in spite of every effort made to keep down the bulk of the volume, it has been absolutely necessary to add 200 pages. The whole Synopsis now consists of nearly 1,600 pages of elaborately arranged and carefully digested information. It is needless to say that we cannot do more than indicate in very general terms the con- tents of this valuable work. Mr. Oke may well be proud of it. The result of his labours is highly creditable to him, and he deserves the thanks of all who in any capacity are en- gaged in the administration of justice." — Solicitors' Journal. o- 30 LAW WORKS PUBLISHED BY -O JHt. ©fee's Jflaststerial raorks— continued. Oke's Law of Turnpike Roads ; comprising the whole of the General Acts now in force, including those of 1861 ; the Acts as to Union of Trusts, for facilitating Arrangements with their Creditors, as to the interference by Railways with Roads, their non-repair, and enforcing contri- butions from Parishes, &c, practically arranged. With Cases, copious Notes, all the necessary Forms, and an elaborate Index, &c. By George C. Oke. Second Edition. 12mo. 18s. cloth. " All Mr. Oke's works are well done, and his 'Turnpike Laws' is an admirable speci- men ot the class of books required for the guidance of magistrates and legal practi- tioners in country districts." — Solicitors' Journal. Shelford's Law of Railways. — Fourth Edition by Glen. In 2 thick vols, royal 8vo., 63s. cloth. SHELFORD'S LAW of RAILWAYS; containing the whole of the Statute Law for the Regulation of Railways in England, Scotland and Ireland : with copious Notes of Decided Cases upon the Statutes, In- troduction to the Law of Railways, and Appendix of Official Documents. Fourth Edition. By William Cunningham Glen, Barrister at Law, Author of the "Law of Highways," "Law of Public Health and Local Government," &c. I'rum the Law Magazine. "Though we have not had the opportunity of going conscientiously through the whole of this elaborate compilation, we have been able to de- vote enough tune to it to be able to speak in the highest terms of the judgment and ability with which it has been prepared. Its execution quae justifies the reputation which Mr. Glen has already acquired as a legal writer, and proves that no one could have been more properly singled out for the duty he has so well discharged. The work mult lake its unquestionable position as tin leading Manual of the Railway Law oj Ureal Britain. The cases seem to have been examined, and their effect to be stated with much care and at i m icy, and no channel from which informa- tion could ne gained has been neglected. Mr. Glen, indeed, seems to be saturated with know- ledge of his subject. The value of the work is Kreatly increased by a number of supplemental decisions, which give all the cases up to the time of publication, and by an index which ap- pears to be thoroughly exhaustive." 1 rom the I. A \V I I H KS. " Mr. Glen has done wisely in preserving that i hi. and, ai fat as possible, the text of Shelford though very extensive alterations and additions have been required. Hut he has a c i nil hi his own. lie |g a worthy successor of the original author, and possesses much of the Mime industry, skill in arrangement and astute- ness in enumerating the points really decided by riled cases, Bui we have said enough of a work already so well known. it will have a place not in the library ol the lawyer alone. Ii is a book whieh every railway olftee should keep on us shell for reference." From tin- I. a w loo n n a i.. " Mr. (Jlen has modestly founded bis work ns » superstructure on that ot Mr. Leonard Shellord, inn in- baa cert Iv claims to publish Ii a' a purely Independi ol composition. I he toil , , . been ,i. great, and ihs reward ought to beat . omplete, as if Mr. i. l.t, bad disregarded nil ins predecessors in 'he production oi treatises mi railway law. Since tliu j ear llitil he has been unceasingly engaged in collecting materials, and though he has been ready for the printer for some time, and has delayed the appearance of the volumes in the expectation of legislative changes in railway law, yet he has expended full five years of care and attention on his work. Let us hope that he will have no cause to think his labour has been in vain. At any rale we may venture to predict that Mr. Cunningham Glen's edition of ■Shelford on Railways will he the stati- dard work of our day in that department of law." From the .1 ustice of the Peace. " Far be it from us to undervalue Mr. Shelford's labours, or to disparage his merits. But we may nevertheless be permitted to observe that what has hitherto been consider ■ d as the ' best work on the subject' (Shelford) has been immeasurably im- proved by the application of Mr. '>len's diltigenct and learning. Sufficient, however, has been done to show that it is iu every respect worthy of the reputation which the work has always enjoyed. We (eel little doubt that the credit of that work will be greatly increased by Mr. Glen's instru- mentality, and that not only will he have ably maintained its reputation by his successful exer- tions, but that he will have added materially to it." I'rom the Solicitors' JOURNAL, " I be practitioner will find here collected together all the enactments bearing on every possible subject which may come before him in Connection with railways or railway travelling. Whatever questions may arise Ihe lawyer who has this hook upon his shelves, may say to him- self" II there has been any legislation at all Con- nected with this branch of the subject 1 shall at (cue liml it in Shellord;' and it needs not to be said that on this account the hot k will be a very • comfortable' one to possess. Ihe collection is equally exhaustive in the matter of rules, orders, precedents and documents of official authority. In sum up our review; ns a collection of statutes and general information the work will prove extremely useful, becanse in these respects it is so perfectly exhaustive." <>- o- MESSRS. BUTTERWORTII, 7, FLEET STREET, E.C. 31 -O Crump's Marine Insurance and General Average. Royal 8vo., 21s. cloth. THE PRINCIPLES of the LAW RELATING to MARINE INSURANCE and GENERAL AVERAGE in England and America, with occasional references to French and German Law. By Frederic Octavius Crump, of the Middle Temple, Esq., Barrister at Law. ' Three years have elapsed since the pub- reference; and though such a work can never lication of an edition of a standard work on Marine Insurance. During those years nume- rous important cases have been decided— cases establishing principles in many instances novel and of the last consequence to parties to policies. The author believes that all the decisions reported up to the date of publication will be found noted in his work." — Extract from Preface. "This is decidedly a clever hook. We always welcome cordially any genuine effort to strike out a new line of lesial exposition, not merely because such effort may more effectually teach law, but because it may exhibit a better method than we now possess of expressing law. The author does not ven- ture to use the term ' codification' in speaking of the design of this book. He is content if he has made a single step in advance towards simplification, and so much merit we have no hesitation in awarding to him. From the extracts we have made it is manifest that the author has followed the fashion neither of the ordinary text book nor the plan of a digest of cases, but that he has developed a method nearly approaching to ' codification.' We have been at pains to search the book for many of the most recent cases in marine insurance, and although some of them are exactly of a character to puzzle and embarrass a coditier, Mr. Crump has dealt successfully with them. We think we may fairly congratulate the author upon the production of a work original in design, excellent in arrangement, and as complete as could fairly be expected." — Law Journal. "The principles and practice of general average are included in this admirable sum- mary." — Standard. " Alphabetically arranged this work contains a number of the guiding principles in the judge-made law on this subject, which has got into such a tangle of precedents that a much less careful digest than that under the above title would have been welcome to students as well as merchants. Mr. Crump has made a very commendable effort at brevity and clear- ness." — Economist. "The plan of the work differs materially, and, we think, advantageously, from the ordinary text-book. Commencing with the principle of an alphabetical arrangement, Mr. Crump enu- merates all the definitions and settled prin- ciples of the branch of the law selected by him for treatment, giving careful references for every statement, but. repudiating the per- functory method of adhering slavishly to the actual words of the authorities. By this sys- tem several advantages are secured. We have examined several of Mr. Crump's propositions in order to test him on these points, and the result is decidedly in his favour. We have no hesitation in commending the plan of Mr. Crump's book ; its use in actual practice must, of course, be the ultimate gauge of its accu- racy and completeness ; but from the tests that we have applied we have little doubt that it will stand the ordeal satisfactorily." — AlhencBum. " His design is to compile a digested sum- mary of rules, tersely expressed and easy of supersede treatises like those of Arnould, Phillips, or Duer, he has produced what will be a very useful manual of reference and will guide the practitioner to the sources where he will find the principles more fully developed. The work, which must have involved great labour, appears to us to have been exe- cuted with fulness, accuracy and fidelity, and its value is much increased by references not only to English and American decisions and text-writers, but to the French and German law on the same subject. Considering the narrow compass within which it is comprised, we have been surprised to find how complete and comprehensive it appears to be; and if further experience should justify the expecta- tions which our perusal of it induces us to form, Mr. Crump will not be disappointed in his hope that he has made ' a step in advance towards simplification — not to use the term codification — of the law.'" — Solicitors' Journal. " There are many portions of it well ar- ranged, and where the law is carefully and accurately stated." — Law Magazine. " It is at once a treatise and a dictionary on the difficult and complicated branch of the law with which it deals, and to which Mr. Crump has in this volume done some- thing to give an orderly simplicity." — Daily News. " We rejoice at the publication of the book at the head of this notice. Mr. Crump is a hold man, for he has positively made an inno- vation. Instead of a ponderous tome, replete with obsolete law, useless authorities and antiquated quotations, we have a handy, clearly-written and well-printed book, seem ingly containing the whole law on the subject, in the shape of a digest of decided cases, in the very words of the judges, and leaving nothing doubtful and misleading to beguile the reader. It is true that such a plan in- creases the trouble of the author, but, as it diminishes that of the reader, he may pardon the irregularity. Seriously speaking, Mr. Crump's book seems very perfect, and is cer- tainly very clear in its arrangement and com- plete in its details, conscientiously going into the most minute points and omitting nothing of importance." — Irish Law Times. " Mr. Crump has here compiled a work on Marine Insurance and General Average, and brought down the judicial decisions to April, 1875. The subject-matter of the book in every instance is printed in large type, and the clauses followed by smaller letters of refer- ence. This makes the work convenient for consultation, and the law cases being appended to every paragraph with quotations from the laws of foreign countries, its conciseness in the mode of explanation tends to render the author's reasonings intelligible more readily than they would otherwise have been if over- laid by laborious dissertations upon the cases and effects of decisions on disputed points. Mr. Crump enhances the value of his book by naming the authorities from whence he derives his information. Mr. Crump, we may observe, in this treatise of the law of Average and Insurance, has supplied a ready armoury of reference." — Shipping and Mercantile Gazette. o- o- 32 LAW WORKS PUBLISHED BY Chadwick's Probate Court Manual. Royal 8vo., 12s. cloth. EXAMPLES of ADMINISTRATION BONDS for the COURT of PROBATE; exhibiting the Principle of various Grants of Administration, and the correct Mode of preparing tlie Bonds in respect thereof; also Directions for preparing the Oaths, arranged for practical utility. With Extracts from tlie Statutes; also various Forms of Affirmation prescribed by Acts of Parliament, and a Supplemental Notice, bringing the work down to 18(35. By Samuel Chaowick, of Her Majesty's Court of Probate. ** We undertake to say that the possession of part of the law library of the practitioner, for he this volume by practitioners will prevent many has collected precedents that are in constant re- a hitch and awkward delay, provoking to the quiremeni. This is purely a book of practice, lawyer himself and difficult to be satisfactorily but therefore the more valuable. It tells the explained to the clients." — Law Magazine and reader what to do, and that is the information Review. most required after a lawyer begins to practise." '* Air. Chadwick's volume will be a necessary — Law limes. Glen's Poor Law Orders. — Seventh Edition. Post 8vo., 21s. cloth. The GENERAL CONSOLIDATED and other ORDERS of the POOR LAW COMMISSIONERS and the POOR LAW BOARD; with explanatory Notes elucidating the Orders, Tables of Statutes, Cases and Index to the Orders and Cases. By W. C. Glen, Esq., Banister at Law. Seventh Edition. Bulley and Bund's Bankruptcy Manual: with Supplement. 12mo., 16s. cloth. A MANUAL of the LAW and PRACTICE of BANK- RUPTCY as Amended and Consolidated by the Statutes of 1869: with an APPENDIX containing the Statutes, Orders and Forms. By John F. Bulley, B.A., of the Inner Temple, Esq., Barrister at Law, and J. W. Willis-Bund, M.A., LL.B., of Lincoln's Inn, Esq., Barrister at Law. With Supplement, including the Orders to 30th April, 1870. The Supplement may be had separately, Is. sewed. Coombs' Manual of Solicitors' Bookkeeping. 8vo., 10*. 6d. cloth. A MANUAL of SOLICITORS' BOOKKEEPING: com- prising Practical Exemplifications of a Concise and Simple Plan of Double I'm try, with Forms of Account and other Books relating to Bills, Cash, &c, showing their Operation, giving Instructions for Keeping, Posting and Balancing them, and Directions for Drawing Costs, adapted to a large or small, sole or partnership business. By W. B. Coomijs, Law Accountant and Costs Draftsman. •»• The various Account Books described in the above System, the forms of which are copyright, may lie- had. from. Lite Publishers at the prices stated in the work, /> . , (i.v. cloth. A CONCISE TREATISE mi the PRINCIPLES of EQUITY PLEADING ; with Precedents. By C. Stewart Drewry, of the Inner Temple, Esq., Barrister at Law. " li «iii in- found "f great utility as Intro- refresh the memory after the study of the ductory to the more elaborate treatises, m to large) books." — Law Times. Lushington's Naval Prize Law. ttoyal Svo., 1 0#. i; /. cloth. A MANUAL of NAVAL PRIZE LAW By Godfrey J.i hington, of the I sr Temple, Esq., Barrister at Law > — © MESSRS. BUTTER WORTH, 7, FLEET STREET, E.C. 3o Saunders' Law of Negligence. 1 vol., post 8vo., 9s. cloth. A TREATISE on the LAW applicable to NEGLIGENCE. By Thomas W. Saunders, Esq., Barrister at Law, Recorder of Bath. " The book is admirable; wbile small in bulk, it contains everything that is necessary, and its arrangement is sucli that one can readily refei to it. Amongst those who have done good service, Mr. Saunders will find a place." — Law Magazine. " In the useful little volume now before us he has gathered the whole law of negligence. All his works are distinguished by painstaking and accuracy. This one is no exception ; and the subject, which is of very extensive interest, will insure for it a cordial welcome from the profession.'' — Law Times. "The references to the cases are given much more fully, and on a more rational system than is common with text book writers. He has a good index ; he has produced a work which will facilitate reference to the authori- ties." — Solicitors'' Journal. 1 As a work of reference the book will be very welcome in the office of the solicitor or in the chambers of the barrister." — Morning Advertiser. " A short and clear treatise like the present on the law relating to the subject ought to be welcomed. It is a moderate size volume, and makes references to all the authorities on the question easy." — Standard. " It is a great advantage to the legal pro- fession to find all the law of negligence col- lected and arranged in a manual of reasonable size. Such is Mr. Saunders' book." — Public Opinion. " A serviceable and seasonable treatise on the law of negligence, by Thomas W. Saunders, Esq., Recorder of Bath." — Telegraph. " A careful treatise on a branch of law which is daily acquiring importance. The manual before us is a useful treatise." — Echo. Ingram's Law of Compensation.— 2nd Edit, by Elmes. Post 8vo., 12s. cloth. COMPENSATION to LAND and HOUSE OWNERS: being a. Treatise on the Law of the Compensation for Interests in Lands, &c. payable by Railway and other Public Companies ; with an Appendix of Forms and Statutes. By Thomas Dunbar Ingram, of Lincoln's Inn, Esq., Barrister at Law. Second Edition. By J. J. Elmes, of the Inner Temple, Esq., Barrister at Law. " We say at once that it is a work of great merit. It is a concise, clear and complete ex- position of the law of compensation applicable to the owners of real property and railway and other companies." — Law Magazine. " Whether for companies taking land or hold- ing it, Mr. Ingram's volume will be a welcome guide. With this iu his hand the legal adviser of a company, or of an owner and occupier whose property is taken, and who demands compen- sation for it, cannot fail to perform his duty lightly." — Lnw Times. " This work appears to be carefully prepared as regards its matter. This edition is a third larger than the first ; it contains twice as many cases, and an enlarged index. It was much called for, and doubtless will be found very useful to the practitioner." — Law Magazine, second notice. Cutler's Law of Naturalization. 12mo., 3*. Gd. cloth. THE LAW of NATURALIZATION; as Amended by die Acts of 1870. By John Cutler, B.A., of Lincoln's Inn, Barrister at Law, Editor of " Powell's Law of Evidence," &c. " The author's position as Professor of English foreigners resident in this country." — Public Law and Jurisprudence is a guarantee of his legal competence, whilst his literary abilities have enabled him to clothe his legal knowledge iu language which laymen can understand with- out being misled by it." — John Bull. " Mr. Cutler, in the work before us, luridly explains the state of the law previous to the recent statute, and shows. the alterations pro- duced by it, so that a careful perusal of tins book will enable the reader fully to comprehend the present state of the law upon this most im- portant subject. ''—Justice of the Peace. " This little work will be found of use to our countrymen resident abroad, as well as to Opinion. " The book is a model of what a treatise of its kind should bef'-Sundap Times. " A very convenient hand hook to the law of naturalization, as amended by the Acts of 1870." — Weekly Times. "To anyone not having much previous ac- quaintance with the subject, who wishes for a general sketch of the law affecting aliens, as it was, and as it is now, this book will be useful." — Solicitors' Journal. " It has been carefully compiled, and the authorities referred to are accurately cited." — Pall Mall Gazette. «- -6 3G LAW WORKS PUBLISHED BY Hunt on Frauds and Bills of Sale. Post 8vo., 9s. cloth. The LAW relating to FRAUDULENT CONVEYANCES, under the Statutes of Elizabeth and the Bankrupt Acts: with Remarks on the Law relating to Bills of Sale. By Arthur Joseph Hunt, of the Inner Temple, Esq., Barrister at Law, Author of "The Law relating to Boundaries, Fences and Foreshores." "This work is calculated to be of service to the profession. Mr. Hunt has brought to bear upon the subject a clearness of state- ment, an orderliness of arrangement and a subtlety of logical acuteness which carry him far towards a complete systematization of all the cases. Neither has his industry been lacking: the cases that have arisen under the Bankruptcy Act, 1869, and under the Bills of Sale Act have been carefully and completely noted up and disposed of by him in their appro- priate places. The index also is both accurate and careful and secures much facility of refer- ence to the various matters which are the sub- jects of the work." — Laic Magazine, "Though smaller in size, Mr. Hunt's book deals with fraudulent conveyances under the Bankruptcy Acts, a subject which Mr. May in his work left almost untouched, although his book has the undoubted merit of being the first to break fresh ground in treating fraudu- lent conveyances in a separate volume. In reviewing that book last year we took occasion, while praising the industry and care with which it was compiled, to remark on the obscurity of its style. In this respect its younger rival has considerable advantage. Mr. Hunt's book is as readable as a treatise on so technical a sub- ject can well be made. Mr. Hunt's arrange- ment of his materials follows an orderly and intelligible plan. The index is apparently carefully prepared, and the table of cases shews that none of the recent cases have been overlooked. Mr. Hunt has produced a really useful book unencumbered by useless matter, which deserves great success as a manual of the law of fraudulent dispositions of property." — Law Journal. " The author has collected with industry and care the authorities bearing on the ques- tion he has undertaken to deal with. The matter is conveniently broken up, and the reader is assisted by a good index." — Solicitor's' Journal. Fry's Specific Performance of Contracts. 8vo., 16*. cloth. A TREATISE on the SPECIFIC PERFORMANCE of CONTRACTS, including those of Public Companies, with a Preliminary Chapter on the Provisions of the Chancery Amendment Act, 1858. By Edward Fry, B.A., of Lincoln's Inn, Esq., one of Her Majesty's Counsel. The practitioner who uses it as a text book will find in it an adviser who will tell him not only what the law is, hut how il may he enforced." — Law Timet. " Mr. Iry's work presents in a reasonable com- pass a larne quantity of modern learning on the subject of contracts, with reference to the com- mon remedy by specific performance, and will thus be acceptable to the profession generally." — Law Chronicle. " Mr. Fry's elaborate essay appea-' to exhaust the subject, on which he has cited and brought to bear, with great diligence, some 1,500 cases, which include those of the lalestreports."— Law Magazine and Review. Wright's Law of Conspiracy. 8vo., 4*. clotli. Till: LAW of CRIMINAL CONSPTUACIKS and AGREE- MENTS. By H. S. Wright, of the Inner Temple, Barrister at Law, Fellow of Oriel Coll., Oxford. Michael and Will's Law of Gas and Water Supply. Tost ucci rul attempt to deal with the laws affecting gai and water supply." itirnal, •• \\ ■ lustlfledlni M.ini- Ing the volume to the attention of the com- panies, the public and the profession." — Law /'urn x. "<)n the whole, we can thoroughly recom- mend the work to those who require guidance on the subject." — Solicitors' Journal. 9 — © MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 37 Glen's Law of Highways. — Third Edition. In the Press. Post 8vo. The LAW of HIGHWAYS: comprising the Highway Acts 1835, 1862 and 1864; the Soutli Wales Highway Act; the Statutes and Decisions of the Courts on the subject of Highways, Bridges, Ferries, &c, including the Duties of Highway Boards, Surveyors of Highways, the Law of Highways in Local Board of Health Districts; Highways affected by Railways, and Locomotives on Highways. With an Appendix of Statutes in force relating to Highways. By W. Cunningham Glen, Esq., Barrister at Law. Third Edition. Glen's Law of Public Health.— Eighth Edition. In the Press. Svo. THE LAW relating to PUBLIC HEALTH and LOCAL GOVERNMENT, and Urban and Rural Sanitary Authorities, including the Law relating to the Removal of Nuisances injurious to Health and the Prevention of Disease; with Statutes and Cases. By W. Cunningham Glen and Alexander Glen, B.A., LL.B., Barristers at Law. Holland on the Form of the Law. 8vo., 7s. 6d- cloth. ESSAYS upon the FORM of the LAW. By Thomas Erskine Holland, M.A., Fellow of Exeter College, and Chichele Professor of International Law in the University of Oxford, and of Lincoln's Inn, Bar- rister at Law. " A work of great ability." — Athenaeum. essays to our readers." — Law Magazine. "Entitled to very high commendation." — "A work in which the whole matter is Law Times. easily intelligible to the lay as well as the " The essays of an author so well qualified professional public " — Saturday Review. to write upon the subject." — Law Journal. " Mr. Holland's extremely valuable and in- " We can confidently recommend these genious essays. "Spectator. Heales's History and Law of Pews. 2 vols. Svo., lGs. cloth. The HISTORY and LAW of CHURCH SEATS or PEWS. By Alfred Heales, F.S.A., Proctor in Doctors' Commons. " Great pains have evidently been taken in antiquarian proclivities, will be glad to pos- the compilation of this work, which exhibits sess it. For original research and faithful throughout an immense amount of research labour in verifying references no other writer and a careful arrangement of cases and ex- can lay any claim to come anywhere near tracts." — Law Maijazine. Mr. Heales. The author deserves particular "The work deserves a place in all public commendation for the conscientious labour libraries, and doubtless many practitioners, with which he has traced up all his autho- especially those whose law learning has any rities." — Solicitors' Journal. Parkinson's Common Law Chamber Practice. 12mo., 7s. cloth. A HANDY BOOK FOR THE COMMON LAW JUDGES' CHAMBERS. By Geo. H. Parkinson, Chamber Clerk to the Hon. Mr. Justice Byles. " So much work is now done in Common Law " The practice in Chambers has become suffi- Chambers by junior clerks that such a little trea- ciemly important to call for a treatise devoted to tise is much wanted. Mr. Parkinson has per- it. nor could a more competent maD for the task formed his task skilfully and with care."— Soli- have presented himself thau Air. Parkinson,"— citom' Journal. Law Timet, 6 o- 38 LAW WORKS PUBLISHED BY Smith's Practice of Conveyancing. Post 8vo., 6s. cloth. AN ELEMENTARY VIEW of the PRACTICE of CON- VEYANCING in SOLICITORS' OFFICES; with an Outline of the Proceedings under the Transfer of Land and Declaration of Title Acts, 1862, for the use of Articled Clerks. By Edmund Smith, B. A., late of Pembroke College, Cambridge. Attorney and Solicitor. Tomkins' Institutes of Roman Law. Part I. royal Svo. (to be completed in Three Parts) 12s. cloth. THE INSTITUTES OF THE ROMAN LAW. Part I. The Sources of the Roman Law and its external History to the decline of the Eastern and Western Empires. By Frederick J. Tomkins, M.A., D.C.L., Barrister at Law, of Lincoln's Inn. Gaius's Roman Law, by Tomkins and Lemon. Complete in 1 vol. Svo., 27.?. cloth extra. THE COMMENTARIES OF GAIUS ON THE ROMAN LAW : with an English Translation and Annotations. By Frederick J. Tomkins, Esq., M.A., D.C.L., and William George Lemon, Esq., LL.B. Barristers at Law, of Lincoln's Inn. Williams's Common Law Pleading and Practice. 8vo., 12s. cloth. An INTRODUCTION to PRACTICE and PLEADING in the SUPERIOR COURTS of LAW, embracing an outline of the whole proceedings in an Action at Law, on Motion, and at Judges' Cham- bers; together with the Rules of Pleading and Practice, and Forms of all the principal Proceedings. By Watkin Williams, Esq., M.P., of the Inner Temple, Barrister at Law. " For the Student especially the book has fee.- with a practical treatment of the subject, illns- tnrei ni peculiar value, ii ii at the same time trated by forms and examples of the main pro- icientific ami practical, and throughout the work ceedings."— JWriff. there Is a judicious anion of general principles Smith's Bar Education. Kvo., !).v. cloth. A HISTORY of EDUCATION for the ENGLISH BAR, with SUGGESTIONS as to SUBJECTS and METHODS of STUDY. By Philip Anstie Smith, Esq., M.A., LL.B., Barrister at Law. — o -o MESSRS. BUTTERWORTII, 7, FLEET STREET, E. C. 39 Redman's Law of Arbitrations and Awards. 8vo., 12s. cloth. A CONCISE TREATISE on the LAW of ARBITRATIONS and AWARDS, with an Appendix of Precedents and Statutes. By Joseph Ha worth Redman, of the Middle Temple, Esq., Barrister at Law. " Mr. Redman goes straight through his cedents. It is likely enough that it will meet task, and gives his cases at the end ol his pro- a demand both in the profession and amongst positions. The chief merit of the work is the lay arbitrators." — Solicitors' Journal. singular lucidity with which the law is ex- " It is a concise statement of the law on the pounded. We give the work all the praise questions which are likely to arise in the course which it can claim when we say that the of a reference or in subsequent proceedings arrangement is good, the style clear, and the which may be taken in regard to it. The pre- work exhaustive. There is a useful appendix cedents of awards are clearly and concisely of precedents and statutes, and a very good drawn. The arrangement of chapters is con- index." — Law Times. veniently managed. The law is clearly stated, "This is likely to prove a useful book in and, so far as we can judge, all the important practice. All the ordinary law on the subject cases bearing directly on the subject are given, is given shortly and in a convenient and acces- while the index appears reasonably copious, sible form, and the index is a good one. The These facts, combined with the smallness of booh is of a portable size and moderate price, the volume, ought to make the book a suc- and contains a fairly complete appendix of pre- cess." — Laic Journal. Powell's Law of Inland Carriers.— Second Edition. 8vo., 14s. cloth. THE LAW OF INLAND CARRIERS, especially as regu- lated by the Railway and Canal Traffic Act, 1854. By Edmund Powell, Esq., of Lincoln College, Oxon, M.A., and of the Western Circuit, Barrister at Law, Author of " Principles and Practice of the Law of Evidence." Second Edition, almost re-written. " Mr PoweH'suritingissingularlyrirecise and it aspires to become, the text book on the Law of condensed, without being at all dry, as those who Carriers." — Law Times. have read his admirable Book of h.vidence will " i he two chapters on the Railway and Canal attest. It will be sten, from our outline of the Traffic Act, 1856, are quite new, and the recent contents, how exhaustively the subject has been cases under the provisions of that statute are treated, and that it is entitled to be, that which analyzed in lucid language."— Law Magazine, Davis's Criminal Law Consolidation Acts. 12mo., 10s. cloth. THE NEW CRIMINAL LAW CONSOLIDATION ACTS, 1861 ; with an Introduction and practical Notes, illustrated by a copious reference to Cases decided by the Court of Criminal Appeal. Together with alphabetical Tables of Offences, as well those punishable upon Summary Conviction as upon Indictment, and including the Offences under the New Bankruptcy Act, so arranged as to present at one view the particular Offence, the Old or New Statute upon which it is founded, and the Limits of Punish- ment; and a full Index. By James Edwd. Davis, Esq., Barrister at Law. Lovesy's Law of Arbitration (Masters and Workmen). 12mo., 4*. cloth. (Dedicated, by permission, to Lord St. Leonards.) THE LAW of ARBITRATION between MASTERS' and WORKMEN, as founded upon the Councils of Conciliation Act of 1867 (30 & 31 Vict. c. 105), the Masters and Workmen Act (5 Geo. 4, c. 96), and other Acts, with an Introduction and Notes. By C. W. Lovesy, Esq., of the Middle Temple, Barrister at Law, now one of Her Majesty's Judges, British Guiana. O- — o o- 40 LAW WORKS PUBLISHED BY Dowell's Income Tax Laws. Svo., 12s. 6d. cloth. THE INCOME TAX LAWS at present in force in the United King- dom, with Practical Notes, Appendices and a copious Index. By Stephen Do-well, M.A., of Lincoln's Inn, Assistant Solicitor of Inland Revenue. " Only men thoroughly conversant with the subject could have prepared it, and despite Mr. Dowell's knowledge it must have been a heavy labour. To commissioners and all con- cerned in the working of the Income Tax Mr. Powell's book will be of great value." — Law Journal. " We cannot doubt that the work will prove of much service to persons engaged in the administration of the Income Tax laws, and to t lie practitioner on the points which frequently arise in reference to those laws." — Solicitors' Journal. " A collection of the Income Tax Acts made easy of reference by a copious index. The acts are connected together by cross-references, and for practical purposes the compilation must prove very useful." — Law Times. "We can honestly commend Mr. Dowell's work to our readers as being well done in every respect. They will find it a neatly written and complete history and explanation of the Stamp duties; and they will also find the Act of 1870 set out completely and clearly set before them in a good bold type, easy of re- ference and supported in its utility by a good index."— Law Magazine. " Mr. Dowell has collected and accompanied with notes of reference and decided cases all the Statutes directly or indirectly bearing upon this subject. A full and well-constructed index completes the volume. Mr. Dowell's official position eminently fits him for the work he has undertaken, and his history of the Stamp Laws shows how carefully and con- scientiously he performs what he undertakes." — Justice of the Peace. Dowell's Stamp Duties and Stamp Laws. 8vo., 12s. Q,d. cloth. A HISTORY and EXPLANATION of the STAMP DUTIES, from their commencement to the present time, the past and the present State of the Stamp Laws, the System and the Administration of the Tax, Observa- tions on the Stamp Duties in Foreign Countries ; the Stamp Laws at present in force in the United Kingdom; with Notes, Appendices and a copious Index. By Stephen Dowell, M.A., of Lincoln's Inn, Assistant Solicitor of Inland Revenue. "This is a work of some power. The author is evidently master of his subject. The style of the composition is singularly felicitous and makes 1 1 j < subject— a rather thorny one— clear and in- telligible." — Law Times. " There is justification for Mr. Dowell's ap- pearance before the public, fur he gives a good deal of useful information. Statesmen who con- template future legislation, judges whose duty it is to administer the law, and officials who have to carry out practical details will pay a well merited tribute to the industry which places before them the law as it stands with a sketch of the steps which have led up to it."— Athenttum. "This book belongs to a class which we are glad to think is becoming increasingly popular. It is written by a man wiio is practically con- versant with the subject of which he treats." — Spectator. Wigram on Extrinsic Evidence as to Wills. Fourth Edition. 8vo., 11. v. cloth. AN EXAMINATION OFTHE RULES OF LAW respecting the Admission of EXTRINSIC EVIDENCE in Aid of the INTER- PRETATION OF WILLS. By the Right Hon. Sir James Wigram, Knt. 'I'lic Fourth Edition, prepared for tin- press with the sanction of .the learned Author, by W. Knox. VViguam, M.A., of Lincoln's Inn, Esq., Barrister-at-Law. •• I,, it,,- celebrated treatise "I Mi- Jamei admiration of every judge who has had to con- m, the rules <>i law are stated ■ discussed soli It."— Lord Kingtdown, in a Privy Council ami explained In a manner which has excited the Judgment, July BtA, nisit. Cutler and Griffin's Indian Criminal Law. 8vo., (is. cloth. AN ANALYSIS of the INDIAN PENAL CODE (including the Indian Penal Code Amendment Act, 1870), with Notes. By John Cutler, B.A., of Lincoln's Inn, Banister at Law, Professor of English Law and Jurisprudence, and Professor of Indian Jurisprudence at King's College, London, and Edmund Fuller Griffin, B.A., of Lincoln's Inn, Barrister at Law. "It may lie added that the code is just at use to professional men in England. It has a at present out of print, so that the production good index." — Law Magazine. of an analysis at the present moment is espe- "This is a work intended for students and daily opportune. Messrs. Cutler and Griffin for practitioners in India. Knowing how well have produced a useful little book, and pro- the same authors edited the Indian portion of duced it at a time when it will be especially Powell on Evidence, we should be content to -useful." — Solicitor? Journal. take it on the faith of their reputation only. " This analysis of the Indian Penal Code The mode of analysis is very clear and brings seems to have conferred a great boon on the well forward the prominent features of the Indian practitioner, and will doubtless be of code."— Law Times. Field's Table of, and Index to, Indian Statute Law. Demy 4to., 42s. cloth. A CHRONOLOGICAL TABLE of and INDEX to the INDIAN STATUTE-BOOK from the Year 1834, with a General Intro- duction to the Statute Law of India ; with a Supplement bringing the work down to August, 1872. By C. D. Field, M.A., LL.D., of the Inner Temple, Barrister at Law, and of H.M.'s Bengal Civil Service. "Mr. Field has produced a work which will in India, but to those practising in the Privy be extremely useful, not only to the profession Council at home." — Solicitor*' Journal. Field's Law of Evidence in British India. Svo., 2Ss. cloth. THE LAW OF EVIDENCE AS ADMINISTERED IN BRITISH INDIA. ByC.D.FiELD, LL.D., of the Inner Temple, Barrister at Law, and of H. M.'s Bengal Civil Service. Second Edition, containing the New Code of Evidence passed by the Legislative Council of India. " It is worthy of the law of which it treats, any better recommendation could be given to and it is made additionally and exceptionally persons contemplating the practice of the law valuable by an introduction, which is an ori- in India than to procure Mr. Field's work and ginal essay on evidence in general and Indian master it." — Law Times. evidence in particular. We do not think that Clifford and Stephens's Practice of Referees Court, 1873. Vols. I. and II., royal 8vo., 31. 10s. cloth. THE PRACTICE of the COURT of REFEREES on PRI- VATE BILLS in PARLIAMENT, with Reports of Cases as to the locus standi of Petitioners during the Sessions 18G7-6S-69-70-71 and 72. By Frederick Clifford and Pembroke S. Stephens, Barristers- at-Law. "To counsel or agents engaged in parlia- "The reports, forming the most important mentary practice the work will prove ex- part of the volume, are given with fulness and tremely serviceable." — Solicitors' Journal. accuracy." — Law Journal. Vol. II. Part II., containing the Cases decided during the Sessions 1S71 and 1872, may be had separately, 30s. served. -o 42 LAW WORKS PUBLISHED BY THE LAW EXAMINATION JOURNAL. Edited by Herbert Newman Mozley, M.A., Fellow of King's College, Cambridge ; and of Lincoln's Inn, Esq., Barristcr-at-Law. Published in Hilary, Easter, Trinity and Michaelmas Sittings in each year. Price Is., by post 1*. id. animal subscription, payable in advance, is., by post, is. id. All the back Numbers may be- had. So. 26. Hilary, 1876.— I. The New Rules relating to Examinations. II. The Statutes of 1875 (Second Notice). III. Digest of Cases. IV. Intermediate Examination, Michaelmas Sittings, 1875: Questions and Answers. V. Final Examination, Hilary Sittings, lS7<> : Questions and Answers, vi. Reviews. VII. Correspondence and Notices. No. 25. Michaelmas, 1875. — I. Statute of Fraudulent Conveyances, 13 Eliz. c. 5. II. Statutes i Is;.", i First Notice). III. Digest of Cases. IV. Intermediate Examination, Trinity Term, 1875 : Questions and Answers. V. Final Examination. Michaelmas Term, 1875: Questions and Auswers. VI. Reviews of Books. VII. Correspondence and Notices. No. 24-. Trinity, 1875. — I. The Statute of Uses, continued. II. Digest of Cases. III. Interme- diate Examination, Easter Term, 1875: Questions and Answers. IV. Final Examination, Trinity Term, 1875: Questions and Answers. V. A New Law Dictionary. VI. Correspondence and Notices. No. 23. Easter, 1875.— I. The Statute of Uses. It. The. Statutes of 1874 (Third Notice). HI. Digest of Cases. IV. Intermediate Examination, Hilary Term, 1S75 : Questions and Auswers. V. Final Examination, Easter Term, 1875 : Questions and Answers. VI. Correspondence and Notices. No. 22. Hilary, 1875. — I. The Statute of Frauds in relation to Contracts of Sale : Sale v. Lambert and 1'otter ». Duffield. II. The Statutes of is7-t i Second Notice). III. Digest of Cases. IV. later- mediate Examination, Michaelmas Term, 1874: Questions and Answers. V. Final Examination, Hilary Term, 1*75 : Questions and Answers. VI. Notice of Intermediate Examinations for 1875. VII. Correspondence and Notices. No. 21. Michaelmas, 1874,— I. The Statutes of 1874 (First Notice). II. Digest of Cases. 1 1 1. Intermediate Examination Questions ami Answers (T. T. 1S74). IV. Final Examination Ques- tions and Answers (M. T. ls74). V. Reviews of Books. VI. Correspondence and Notices. No. 20. Trinity, 1874. — I. Legislative Prospects of the Session. II. Digest of Cases. III. Inter- mediate examination, Easter Term, 1S74 : Questions and Answers. IV. Final Examination, Trinity Perm, 1874: Questions and Answers. V. Reviews. VI. Correspondence and Notices. No. 19. Easter, 1S74. — I. Leading Cases (continued). II. Digest of Cases. HI. Intermediate Examination, II. T. 1874 : Questions and Answers. IV. Final Examination, E. T. 1874: Questions and Answers. V. Review. 7th Edit, of Stephen's Blackstoue's Commentaries. VI. Correspondence. No. 18. Hilary, 1874. — I. Statutes of 1870 (Second Notice, including the Supreme Court of Judicature Art and subsequent Statutes). II. Digest of Cases. III. Intermediate Examination, Michaelmas Term, 1*70 : Questions and Answers. IV. Final Examination, Hilary Term, 1874: Questions and Answers. V. Correspondence and Notices. No. 17. Michaelmas, 1870.— I. Leading Cases (Note by the Editor). II. Statutes of 1S73 (First Sotice). 1 1 1. Digest of Cases. IV. Intermediate Examination, T. T. 187-'!: Questions and Answers, v. Final Examination, M. T.1873: Questions and Answers. VI. Notice of Intermediate Examina- tion for 1874. VII. Reviews of Books. VIII. Law student's Societies. IX. Correspondence. No. 16. Trinity, 1873. — I. The Study of the Law, concluded, it. Leading Cases — Silencer's Case, continued, ill. Digest of Cases, iv. Intermediate Examination, Easter. 187:1: Questions and Answers. V. Final Examination, Trinity, 1st;;: Questions and Answers. VI. A Review — Kelly's Draftsman. VII. Correspondence and Notices. No. 15. Easter, 1873.— L The Study of the Law, continued. If. Analysis of Leading Cases. III. Digest of Cases. IV. Intermediate Examination, II. T. 1 S70 : Questions and Answers. V. Final Examination, E. T. 1878 : Questions ami Answers. VI. Correspondence ami Notices, No. 14-. Hilary, 1878. — I. The Study of the Law, continued. II. Dlgesl of Cases, ill. Inter- mediate Examination, M. T. 1872 : Questions and Answers. IV. Final Examination, H. T. 1873: Questions and Answers, v. Reviews. VL Answers to Correspondents. and Notices. No. 13. Michaelmas, 1872.— I. Public Prosecutors, concluded, II. The statutes of 1S7-.'. ill. Digest of Cases. IV Intermediate Examination,' Trinity Term, 1872: Questions and Answers. . Pinal i camlnatlon, Michaelmas Term, 1872 : Questions and Answers. VI. Reviews. Vil.Au- to < '"i respondents and Nol Ices, No. 12. Trinity, i*7-_>. -I. Public Prosecutors, contl id. n. Study of the Law, continued. ill. ii [Cases, IV. Intermediate Examination, Easter Term, 1872 : Questions and Answers. i . , i mnlnatlon, Trlnitj Term, 1872: Questions and Answers. VI. Law Students' Congress, I'.iriiiiii'.'tiaui : Law Examinations. VII. Review, VIII. Answers to Correspondents. No. 11. Easter, is7^.— i. The Study of the Law. n. Legislative Prospects of the Session. Married Women's Property Acl Amendment Rill, Imperial C t ol Appeal, ill. Dlgesl ol Casi s i \ . Intermediate Examlnat! jucstlons and Auswers. Hilar,) Term, 1872. V. Final Examination i i.;i tei Term, 1872. VI. Answers to Correspondents. No. lO. Hilary. Is7-j. I. Notice oi the late Editor. II. The sin.lv oi the Law. ill. Digos! ■ I in tlousand Answers. \ . Final Examination Questions ■ i , \ i In w ei - to I londenl . <). [Jcbfl 1871 i. On i leamlnatlons, II. The Subiecl of Public Prosecutors (con- III. rCaw . IV. Intermediate Examination Questions on Chltty, "Williams and Amlth, Trinity, 1871 I Final I i latlon Questions and Answers, Michaelmas 1-7. VI, i: ol Bool VII. Answers to Correspondents. (JopicK oj Vol. I. of the LAW EXAMINATION JOURNAL, containing Vos. I to 1 1, intii /nil Tndcxci mill Tables of Cages cited, may now ie had, price- 16*., d in cloth. O- MESSRS. BUTTERWORTH, 7, FLEET STREET, E. C. 43 BAR EXAMINATION JOURNAL. Edited by A. D. TYSSEN, B.C.L., M.A. and Sin R. K. WILSON, BAKT., M.A., Barristers at Law. Nos. 1, 2, 3, 4, S, 6, 7, 8, 9, lO and 11, from TRINITY TERM, 1871, to MICHAELMAS SITTINGS, 1875. Published in Numbers, Sro., at ."}.?. each, by post 3s. Id., after each Bar Examination,. Subjects of Bar Examination. Examination Papers, with tin- Answers. ENGLISH LAW: — Constitutional Law and Legal History; Equity ; Common Law; Real Pro- perty; Jurisprudence, &c. ; General Paper. INDIAN' LAW :— Hindu Law ; Mnhomedan Law ; Penal Code ;* Criminal Procedure Code ; Civil Procedure Code ; Succession Act ; General Paper. Copies of Vol. I. of the Bar Examination Journal, containing Nos. 1 to G (1871 to 1873), with Index, &c. may be bad, price 18s. clotb. Copies of Vol. II. of the same, containing Nos. 7 to 11 (1873 to 187j), may lie had, price 16s. clotb. Pearce's Guide to the Inns of Court and Chancery ; with Notices of their Ancient Discipline, Customs and Entertainments ; an Account of the Eminent Men of Lincoln's Inn, the Inner Temple, the Middle Temple, and Gray's Inn, «Scc. ; together with the Regulations as to the Admission of Students, Keeping Terms, Call to the Bar, &c. 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