^lOSANCni^^ ■%jaAIN(l-3\\V ^§ '•.5? %Ja3MNI13\\V^ ^- ^.tfOJnVDJO>' - ^loSANcner^ o '^AHvaan^ "^i^uaNvsoi^ "^aiMNfl-JiS^ ^OFCAlIFO% ^ >i,OFCAllFO%. ^^« _ O %a; ^/^jUAJNuawv^ "^^Aavaan-^ ^>&Aavaa!>j^t ^<5fOJnV3-30^ \q. ^0FCAIIF0%, ^0' "<^rTiiniiwcm>^ ^<»ojnvDjo>' ^ojnv^jov J23 ^ •< iti ^. >&AJivaai># ^(?A8v«an-# ^j^umsoi^ "^/JiOAiNft-jv^^ .^MtlWIVt«3/A ^l(BANCfl£jU ^fJlJDNVSOT^^^ ^tUBRARY(?y^ ^.^ojnvDjo'? ^«)jnv3jo"^ ^AMFUNIVRS)55t ^lDS|AHCn^^ ^f^UWSOl^ -< ^oFojiro^ ^OFCAllFOft^ ^ ^— 'P V 5 < =3 ,.\«»:«m*i:w//>. 5^ so %)jiiv3jo=^ "^tfOinvDjo-^^ " jih.i uwuarLi^ Jn.\ tlwtla^.'l^!^k See also Catalogue at end of this Volume, / STEVENS AND SONS, 119, CHANCEEY LANE, W.C. r ^.'- / Prideaux's Precedents in Conveyancing; with Dissertations on its Law and Practice. Nmth Edition. By FREDERICK PRIDEAUX, late Professor of the Law of Real and Personal Property to the Inns of Court, and JOHN WHITCOMBE, Esqrs.,Barristers-at-Law. 2 vols. Royal.Svo. 1879. Pricedl. 10s. cloth. " We have been always accustomed to view ' Prideaux ' as tile most useful 'work out on conveyancing', it com oines conciseness aud clearness in its precedents witli aptness and com- prehensiveness in its dissertations and notes, to a degree superior to that of any other work of its kind." — Law Journal. WiUiams' Law of Executors and Administrators.— A Treatise on the Law of Executors and Administrators. Eight Edition. By WALTER VAUGHAN WILLIAMS, and ROLAND VAUGHAN WILLIAMS, Esqrs., Barristers-at-Law. 2 vols. Royal 8vo. 1879. Price 31. 16s. cloth. " A treatise which occupies a unique position and which is recognised by the Bench and the profession as having paramount authority in the domain of law with which it deals." — Lam Journal. Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius. Fourteenth Edition. By JOHN DAY, one of Her Majesty's Counsel, and MAURICE POWELL, Barrister-at-Law. Royal l2mo. 1879. Price 21. cloth. (Bound in one thick volume calf or circuit, 5s., or in two convenient vols, calf or circuit, 9s. net extra.) Archibald's Forms of Summonses and Orders, with Notes for use at Judges' Chambers and in the District Registries. By W. F. A. ARCHI- BALD, M.A., of the Inner Temple, Barrister-at-Law. Royal 12mo. 1879. Price 12s. Gd. cloth, "The work is done most thoroughly and yet concisely. The practitioner will find plain directions how to proceed in all the matters connected with a common law action, interi^leader, attachment of debts, niandamus, injunction — indeed, the whole jurisdiction of the common law divisions, in the district registries, and at Judges' chambers." — Lav; Times. Godefroi's Digest of the Principles of the Law of Trusts and Trustees.— By HENRY GODEFROI, of Lincoln's Inn, Esq., Barrister-at-Law. Joint Author of " Godefroi and Shortt's Law of Railway Companies." Demy 8vo. 1879. Price 11. Is. cloth. " Is a work of great utility to the practitioner." — Law Magazine. Chalmers' Digest of the Law of Bills of Exchange, ^^ Promissory Notes, and Cheques. By M. D. CHALMERS, of the Inner Temple, 5^ Esq., Barrister-at-Law. Demy 8vo. 1878. Pnce 12s. 6cZ. cloth. * "As a handy book of reference on a difiBcult and important brancb of the law, it is most valuable." — Saturday Review. Cavanagh's .Law of Money Securities. — In Three Books. I. Personal Securities. II. Securities on Property. III. Miscellaneous. With an Appendix containing the Crossed Cheques Act, 1876, Locke King's Act and Amending Acts, the Bills of Sale Act, 1878, The Factors Acts, 1823 to 1877. By C. CAVANAGH, B.A., LL.B. (Lond.), of the Middle Temple, Ban-ister-at-Law, Demy 8vo. 1879. Price 11. Is. cloth. " We know of no work which embraces so much that is of every-day importance, nor do we know of any author who shows more familiarity with his subject. ... It will prove a decided acquisition to the practitioner." — Law Times. Cordery's Law Relating to Solicitors of the Supreme Court of Judicature, with an Appendix of Statutes and Rules. By A. CORDERY, of the Inner Temple, Esq., Barrister-at-Law. Demy 8vo. 1878. Price 14s. cloth. Dixon's Law of the Farm. — A Digest of Cases connected with the Law of the Farm, including the Agricultural Customs of England and Wales. Fourth Edition. By HENRY PERKINS, Esq., Barrister-at-Law. Demy 8vo. 1879. Price 11. 6s. cloth. "The book is now more complete and Taluable than ever." — Mark Lane Express. Wilson's Supreme Court of Judicature Acts, Appellate Jurisdiction Act, 1876, Rules of Court and Fonns, with other Acts, Orders, Rules, and Regulations relating to the Supreme Court of Justice, with Practical Notes. Second Edition. By ARTHUR WILSON, of the Inner Temple, Barrister-at-Law. Assisted by HARRY GREENWOOD, of Lincoln's Inn, Barrister-at-Law, and JOHN BIDDLE, of the Master of the RoUs Chambers. Royal 12mo. 1878. Price 18s. cloth (or limp leather for the pocket. Price 22s. &d.) *#• A Large Paper Edition of the above (for Marginal Notes), Royal 8vo. Price 11. 5s. cloth (calf or limp leather, price 30s.). " The practitioner will find that it supplies all his ■wa.nts."— Lavs Times. -« *^^*AH Standard Law Works are l-ept in Stock, in law calf and other bindings. STUDENT'S GUIDE ■TO STEPHEN'S NEW COMMENTARIES ON THE LAWS OF ENGLAND. EDWARD HENSLOWE BEDFORD, In ' Solicitor, 9, King's Bench "Walk, Temple. Editor of'''' The FrcUminarij" " Intermediate" and " Final,'" and Author of " The Preliminary Digest" The Guide to the Prvliiniiiari/ Examination for Solicitors, The Prclin/iiiari/ Guide to Latin Grammar, Tlic Intermediate Examination Guide, The liter- mediate Examination Guide to Book-keeping , The Final Examination Guide to the Practice of the Su^Jreme Court of Judicature, and to Pankruptci/, Probate and Divorce, Oilfline of an Action in the Chancery Division, Guide to Smith on Contracts, ^-c, ^-c. " LEGE NUN MULTA HEU MULTUM." LONDON : STEVENS AND SONS, 119, CHANCEKY LANE, 187D. a^^ :z3/3^ LONDON : BRADBUKV, AGNEW, & CO., PRINTEllS, WHIIKFKIARS. PKEFACE. The fact of Stephen's Commentaries being set for the Intermediate Examination of 1880 necessitates my bringing out another Guide. I have founded my questions as well as I could on those set at by- gone Examinations, and I have in many instances endeavoured to anticipate the Examiners — I hope with fair success. In my answers I haA'e epitomised the subject-matter as much as possible, and I trust that Students will find the work a help towards mastering the contents of " The Commentaries." E. II. B. 9, Kixg's Bench Walk, Innek Temple, January, 1879. /^ CONTENTS. / BOOK I. CHAPIEE I. PAOE THE NATURE OF LAWS IX GENERAL 1 CHAPTER II. THE LAWS OF EXGLANB ■ . . . 3 CHAPTER III. THE COUNTRIES SUBJECT TO THE LAWS OF ENGLAND .... 6 CHAPTER IV. THE RIGHTS OF PERSONS 9 CHAPTER V. THE RIGHTS OF PROPERTY ■ . 11 CHAPTER VI. THE DIVISION OF THINGS REAL 12 CHAPTER VII. TENURES • . 13 CHAPTER VIII. FREEHOLDS OF INHERITANCE 19 vi CONTENTS. CHAPTER IX. FREEHOLDS NOT OF INHEUITANCE PACE 23 CHAPTER X. ESTATES LESS THAN FIIEEHOLD 29 CHAPTER XI. OF ESTATES UPON CONDITION 32 CHAPTER XII. ESTATES IN POSSESSION, REMAINDER, AND REVERSION . . . . 36 CHAPTER XIII. ESTATES IN SEVERALTY, JOINT TENANCY, CO-PARCENARY, AND COMMON 39 CHAPTER XIV. USES AND TRUSTS i3 CHAPTER XV. TITLE IN GENERAL 47 CHAPTER XVI. TITLE BY DESCENT 48 CHAPTER XVII. TITLE BY ESCHEAT 52 CHAPTER XVIII. TITLE BY OCCUPANCY 54 CHAPTER XIX. TITLE BY FORFEITURE 55 CONTENTS. Vll CHAPTEE XX. • • PACE TITLE BY ALIENATION 57 CHAPTER XXI. OF DEEDS 59 CHAPTER XXII. CONVEYANCER AT THE COMJION LAW 62 CHAPTER XXIII. CONVEYANCES ITNDEE THE STATUTE OF ITSES 66 CHAPTER XXIV. CONVEYANCES BY TENANTS IN TAIL, ETC 69 CHAPTER XXV. THE CONVEYANCE BY DEVISE 73 CHAPTER XXVI. CONVEYANCES BY MATTER OF KECOKD 76 CHAPTER XXVII. COPYHOLDS 78 CHAPTER XXVIII. INCOUPOKEAL HEREDITAMENTS 82 CHAPTER XXIX. PROTECTION OF PTJRCHASEKS AND MORTGAGEES AGAINST INSECURE TITLES 89 VI 11 CONTENTS. BOOK II.— PART II. CHAPTER I. PARE TIIIXGS rErLSONAI. AND THE PROPEKTY IN THEM 00 CHAPTEE II. THE TITLE TO THINGS PERSONAL. — TITLE BY OCCUPANCY . . . 02 CHAPTEE III. TITLE BY INVENTION 92 CHAPTEE IV. TITLE BY GIFT OB ASSIGNMENT 95 CHAPTER V. TITLE BY CONTBAOT 98 CHAPTER VI. TITLE BY' BANKRUPTCY' ....... . . 118 CHAPTER VII. TITLE BY WILL AND ADMINISTRATION 130 CHAPTER VIII. MIXED SUBJECTS OF PROPERTY 139 CONTENTS. IX BOOK III. RIGHTS IN PRIVATE RELATIONS. CHAPTEE I. PAGE MASTER AND SERVANT 141 CHAPTEE II. HUSBAND AND WIFE '. . . 144 CHAPTEE III. PARENT AND CHILD 152 CHAPTEE IV. GUARDIAN AND WARD 154 BOOK IV. PUBITC RIGHTS. PART I. — Civil Government. CHAPTEE I. THE PARLIAMENTS 157 CHAPTEE 11. THE SOVEREIGN 164 CHAPTEE III. THE ROYAL FAMILY 169 CHAPTEE IV. THE ROYAL PREROGATIVE 171 CONTENTS. CHAPTER V. . TACK THK nOYAL r.EVENITE 173 CHAPTER VI. THE ROYAL FORCES 175 CHAPTER VII. THE NOBILITY AND OTHER RANKS 176 CHAPTER VIII. MAGISTRATES, ETC 176 PART XL CHAPTER I. THE ECCLESIASTICAL AUTHORITIES 178 CHAPTER II. ENDOWMENTS AND PROVISIONS OF THE CHURCH 178 PART III.— Social Economy. CHAPTER I. CORPORATIONS 180 CHAPTER II. THE LAAVS RELATING TO THE POOR 182 CONTENTS. XI BOOK V. CHAPTER I. PAGE CIVIL INJURIES 184 CHAPTER II. REDRESS BY OPERATION OF LAW, ... .... 187 CHAPTER III. THE COURTS IN GENERAL 188 CHAPTER IV. THE INFERIOR COURTS OF JUSTICE 188 CHAPTER Y. THE SUPREME COURT OF JUDICATURE 192 CHAPTER VI. CIVIL INJURIES COGNIZABLE AT COMMON LAW 196 CHAPTER VII. CIVIL INJURIES COGNIZABLE AT COMMON LAW {conthuieJ) . . . 199 CHAPTER VIII. CIVIL INJURIES COGNIZABLE IN EQUITY 200 CHAPTER IX. THE LIMITATIONS OF ACTIONS 209 CHAPTER X. THE PROCEEDINGS IN AN ACTION 212 CHAPTER XI. WRIT OF MANDAMUS ' . 222 / XU CONTENTS. BOOK VI. OF CRIMES. CHAPTER I. PAGE THE NATURE OF CRIMES AND THEIR PUNISHMENTS .... 224 CHAPTEE II. PERSONS CAPABLE OF COMMITTING CRIMES 225 CHAPTEE III. PRINCIPALS AND ACCESSORIES 227 CHAPTEE IV. OFFENCES AGAINST THE PERSON 229 CHAPTEE V. OFFENCES AGAINST PROPERTY 231 CHAPTEE VI. OFFENCES AGAINST THE GOVERNMENT 240 CHAPTEE VII. OFFENCES AGAINST JUSTICE 243 CHAPTEE VIII. COURTS OF A CRIMINAL JURISDICTION 244 CHAPTEE IX. SUMMARY CONVICTIONS 245 CHAPTEE X. ARRESTS 246 CONTENTS. XIU CHAPTER XI. PAGE COMMITMENT AND BAIL 246 CHAPTEE XII. THE SEVERAL MODES OF PROSECUTION 247 CHAPTEE XIII. ARRAIGNMENT 248 CHAPTEE XIV. PLEA AND ISSUE 248 CHAPTEE XV. TRIAL AND CONVICTION 248 CHAPTEE XVI. JUDGMENT, ETC 249 CHAPETE XVII. REVERSAL OF JUDGMENTS 249 CHAPTEE XVIII. REPRIEVE AND PARDON 250 BEDFORD'S GUIDE STEPHEN'S COMMENTARIES. CHAPTER L THE NATUEE OF LAWS IN GENERAL. What is law and ivhat are the various hinds ? Law is a rule of action prescribed by a superior to an inferior power. It may be divided : (1) into the Law of Nature ; (2) the Revealed or Divine Law ; (3) the Law of Nations ; and (4) the Municipal Law. WJiat is the law of nature? It is the will of Our Maker, prescribed by him, and discoverable ]jy the faculty of reasoning. What is the Bivijie or revealed law ? It is also the Law of Nature discovered by direct revelation. What is the law of nations ? That which regulates the conduct and mutual intercourse of independent states with each other byj-eason and natural justice, principally now embodied in mutual compacts. What is the municipal or civil laiv ? " A rule of civil conduct prescribed by the supreme power in a state commanding what is right, and prohibiting what is wrong.'' •2 GUIDE TO Stephen's commentaries. It is a rule permanent, uniform, and universal. It is not advice or counsel, nor a compact or agreement. It is a rule of civil and not of moral conduct, and it is prescribed because it has to be notified to people to be obeyed. For ivliat imrfose teas society and governmmt respectively forrmd'? Society, for the protection of individuals. States or government for the preservation of society. What natmaJly exists in every form of government? An absolute supreme power to which the right of legislation belongs. How many forms of yovernment were there according to the ancients ? .< . ^ Three, viz., (1) the Democracy, where such suprepae power is lodged in an aggregate assembly; (2) Aristocracy ,"" in a council ; and (3) Monarchy, when it is entrusted in the hands of a single person. Explain the British Constitution as regards its executive and legislative power ? As regards its executive power it is Monarchical. And as regards its legislative, it is (1) Aristocratical as regards its Upper House ; and (2) Democratical as regards its Lower House. What are the parts of which municipal law consist ? (1.) The Declaratory, which defines what is right and wrong. (2.) The Directory, which consists in commanding the obser- vation of right or prohibiting the commission of wrong. (3.) The Remedial, or method of recovering a man's private rights and redressing his private WTongs. (4.) The Sanction or Vindicatory, which is the provision for punishment of public wrongs, and, inasmuch as the main strength of the law consists in the penalty, herein is to be found the most forcible obligation of human laws. THE LAWS OF ENGLAND. CHAPTER IL THE LAWS OF ENGLAND. Into tvTiat two kmds may the Laws of England ie divided ? (1.) The Lex Non Scrij^ta, the Umyritten or Common Law. (2.) The Lex Scripta, the Written or Statute Law. W/taf does the Lex Non Scripta include ? (1.) General customs, which are in reality the Common Law. (2.) Particular or local customs. (3.) Particular Laws by custom adopted and used by par- ticular Coiu'ts. What are the written or Statute Laws ? They are the statutes or Acts of Parliament which are passed by the Sovereign with the consent of the Lords and Commons in Par- liament, to supply the defects or amend what is amiss of the un- written law. The oldest of the statutes is the " Magna Charta." How mai/ statutes he divided ? Into (1) public, which is a universal rule affecting the whole community ; (2) private, which are exceptions and merely aflFect particular persons or private concerns. The latter are sub-divided into (1) local, such as an enclosure act, which merely affects a particular locality ; (2) personal, as a naturalization act only, affecting a pai'ticulai' person. It might be noticed that 13 & 14 Yict. c. 21, enacts that all statutes passed after the then next stated session, are public acts, unless otller^vise declared. Statutes may also le considered as declaratory, penal, and remedial. Listifiguish between them. They are : (1.) Declaratory in cases of doubt or difficulty, as to what is really the law on the point. B 2 ^ 4 GUIDE TO STEPHENS COMMENTARIES. (2.) Penal, as the game laws, which simply point out the various penalties for the offence ; and (3.) Remedial, when they supply the defects and superfluities of the Common Law, which may have arisen from time or change of legislation. What are ihe rules for the construction of Acts of Parliament? (1.) They operate from the date they receive the royal assent, unless otherwise mentioned, or in other words, statutes do not operate retrospectively as a general rule. (2.) The construction must be according to the intents, and with reference to the object for which such statute was passed, not according to the mere letter. (3.) In the construction the judges must consider (1) the old law ; (2) the mischief ; (3) the remedy. (4.) The construction of remedial statutes is to be liberal, that of jienal, strictly followed. (5.) All other statutes, which have been passed in j)ari materia, must be considered. (6.) General words cannot extend statutes treating of inferiors, to superiors. (7.) The Common Law supplies general provisions of statutes with every necessity to render them effectual. (8.) A subsequent statute may repeal a prior one by implica- tion, which it always does so far as the latter is contrary to the former. (9.) If a statute repealing a prior one is itself repealed, the former is not revived unless words are added to that effect. (10.) Statutes derogating fi'om the power of subsequent par- liaments are not binding. }Y1iat u'as the origin of Equity ? To moderate the rigour of both the unwritten and the written law in matters of private right, and also to assist, moderate, and explain the preceding rules of interpretation and construction. What is the foundation of general customs or tJie common law properly so called ? Immemorial universal usage, of which the judicial decisions are THE LAWS OF EISIGLAND. 5 the evidence, which decisions are preserved in the public records ; explained in the year books and jeports, and digested by writers of approved authority,' >.^<'<».--it^ -(x What are particular cnstoms ? Those which are commonly in use within some peculiar districts, and affect only the inhabitants of those districts, as gavelkind in Kent, Borough English, the customs of London, /the Lex Mercatoria. '< /6»"^''/''^ ^(.vuik^^ C^^^r ^^ A-l^^^J^^t^^ Uyou>* Wliat are the rules relating to p)artkuJar customs ? (1.) They must be proved to exist.i/-A»/^/'Mv^<' h^ ^Av^ « (2.) They must be legal, or allowed when proved. (3.) The legal construction they require. What rules have leen laid down as to the proof of the tegalitij of particular customs ? (1.) They must have been immemorial, i.e. existed since 1180, 1 Richard I. (2.) Continual. (3.) Peaceable and acquiesced in. (4.) Seasonable . (5.) Certain, (6.) Compulsory. (7.) Consistent. With regard to particular customs they must be construed strictly, and no custom can prevail against an express Act of Parliament. What are particular laws ? They are such as by special custom are adopted and used only in certain peculiar Courts, viz., the Civil and Canon Laws. Of what does the Corpus Juris Civili consist ? The Civil La,w, which, is, generally understood as the Roman liaw,' cons'isls of Justiniairs (1) Listitutes ; (2) the Digests, or Pandects; (3) the Code; (4) the Novels ; (5) certain edicts of Justinian, posterior in time to other books and being a supple- ment to the original compilation. G GUIDE TO STEPHENS COMMENTARIES. Of IV hat does the Corpus Juris Caiionici consist ? (1.) The Decretia Gratiani, 1151. (2.) Gregory's Decretals, 1230. (3.) Liber Sextus Deeretalium, 1298. (4.) The Constitutions of Clement V., 1317. (5.) Extravagantes Joannis XXII. (G.) Extravagantes Communes. There are also legatine constitutions, from 1220 — 1268, and provincial constitutions. In ivhat courts are the civil and canon laws permitted to he tised ? (1.) The Ecclesiastical Com-ts. (2.) The Com-ts of Admiralty ; and (3.) The Chancellor's Court of the University of Cambridge. To ivhat control are these courts subject? (1.) To the superintendence of the Courts of Common Law. (2.) To then* interpretation of their Acts of Parliament ; and (3.) An appeal to the Queen. What are Counties Corporate ? Such as London, York, Bristol, Coventry, Norwich, &c. They are cities and towns which have had the privilege granted them by the Crown of being counties in themselves, and thus governed by their own sheriffs and magistrates without the interference of the ofiicers of the county at large. CHAPTER III. THE COUNTRIES SUBJECT TO THE LAWS OF ENGLAND. Wiat coimtries are governed by the Laws of England ? At the Common Law the kingdom of England, which is governed by our Municipal Laws, did not include Wales, Scotland, THE COUNTRIES SUBJECT TO THE LAWS OF ENGLAND. 7 Ireland, or Ber\\-ick-on-Tweed, though they had in most respects communion as regarded local customs, &c. Hoiv was Wales subjected to the Laws of Englancl? AVales was originally conquered by Ed\\ard I., but it was not admitted to a thorough communion and equalization of laws until the reign of Henry VIII., when it was enacted by 27 Henry VIII. c. 2Q, that (1.) The dominion of Wales should be for ever united with the kingdom of England. (2.^ That all Welshmen born should have the same liberties as other the Queen's subjects. (3.) That lands in Wales should be inheritable according to the English tenures and rules of descent ; and (4.) That the laws of England, and no other, should be used in Wales. And it ought to be remembered that Wales is included in the word "England" in any Act of Parliament. See also 1 Will. IV. c. 70, abolishing the Courts of Great Session, and regulating the Assizes, and 2 Will. IV., c. 55, as to returning members for Wales. How is Scotland affected ly Municipal Laws ? Scotland was annexed to England by James VI. of Scotland and I. of England, but it was not actually united with England until the Act of Union, 6 Anne, c. 11, May 1, 1707. Notwithstanding the union, Scotland retains its own Municipal Laws, though subject to regulation by the British Parliament ; but it must be remembered that all statutes passed since the union, of a general nature, extend to Scotland, though not mentioned, or if it is not to be included it must be so declared. Hoiv is Benvick affected ? The town was originally part of Scotland ; was conquered by Edward I. ; its constitutions were re-modelled and put upon an English footing by James I. ; therefore, though it has derived some ancient local peculiarities fi'om Scotland, it is bound by all Acts of the British Parliament only mentioning " England." 8 GUIDE TO STEPHENS COMMENTARIES. Hoiv is Ireland affected ? Ireland was conquered by Henry II., who was called only Dominus Hibernia3, and such was the title of its English rulers until Henry VIII. adopted the title of king. It is a distinct subordinate kingdom, governed by the Common Law of England, and, since the union 1st of Januaiy, 1801, bound by modern Acts of Parliament, whether mentioned or not, unless expressly excepted, or there be a clear intention. Ireland has its own Courts of Justice, with an appeal to the English House of Lords. Are tlie Island of Man and the Channel Islands affected hy English Laivs ? The Island of Man is a territory distinct from England, fonnerly granted to private individuals but finally purchased by the CrovMi in 1765. It is governed by its own laws passed by the House of Keys, and no English process, save Habeas Corpus, is of any avail there ; neither is it bound by modern Acts of Parliament unless sjDecially included. The Channel Islands, i.e. Jersey, Guernsey, Alderney, and Sark, are in the same way governed by their own laws, which are mostly old Norman customs embodied in Le Grand Cous- tumier. Her Majesty's Commission is alone of any force therein, but no English writs or other process. These Islands are not bound by modern Acts of Parliament, unless specially included, and the cases are heard before their own oflBcials, called Bailiffs and Jurats, with an ultimate appeal to the sovereign in council. How would the colonies he differently effected hy the English Laws 1 It entirely depends whether they are obtained by occupancy, cession, or conquest. Taking for example our colonies in America, Australia, and the West Indies, occupants of our colonies take into them only so much of our law as is applicable to the siiuation. Assuming the country to have been gained by conquests or ceded, they originally had their own laws, therefore they remain subject to our Parliament altering or changing those laws, or, in the event THE EIGHTS OF PERSONS. 9 of the original laws being against the liaw of God. See also the Foreign Jurisdiction Act, 6 & 7 Vict. c. 1)4, and 28 & 29 Vict. c. G3. WJiat is the jurisdiction of the Courts of Admiralty and the Common Laiv respectively over the High Seas ? Over the main sea, which begins at low water mark the Court of Admiralty has sole jurisdiction. The Courts of Admiralty and the Common Law jurisdictions alternate between high and low water mark. Into hoiv many divisions is the territory of England divided ? (i.) The Ecclesiastical, which consists of the two provinces of Canterbmy and York, and each of which is again sub- divided into (1) dioceses ; (2) arch-deaconries ; (3) " rural deaneries ; and (4) parishes, (ii.) The Civil, which is again sub-divided into (1) counties, some of which are palatine ; (2) sometimes into rapes, lathes, or tri things; (3) hundreds or wapentakes ; and (4) towns, villages or tithings. ^ Hoiv many Counties Palatine are there ? There are three : (1.) Chester, of which the Prince of Wales is Earl. (2.) Durham, governed by the Bishop of Durham, and vested in the Crown by 6 & 7 Will. IV. c. 19, amended by 21 & 22 Vict. c. 45 ; and (3) Lancaster, constituted by Heniy IV. in his first Parliament. CHAPTER IV. THE EIGHTS OF PERSONS. What are the oljects of the lairs of England ? (1.) Rights. (2.) Wrongs. Each of wliich are again re- spectively subdivided into the rights of persons, or 10 GUIDE TO Stephen's commentaries. the rights of things; and into private wrongs which are civil injuries ; and public wrongs, which are crimes and misdemeanours. What are the riyltts of persons, and how are they strictly denmiinated ? They are such as concern and are annexed to the persons of men. And w^hen the person to whom they are due is regarded, they are called simply rights ; but when we consider the person from whom they are due, they are then denominated duties. What are the ahsoJute riyhts or civil liberties of Enylishmen, as frequently declared in Parliament ? (1.) The right of personal security. (2.) Personal liberty. What is the riyht ofjjersonal security ? It consists in the legal enjoyment of life, limb, b(jdy, health, and reputation. What is duress and U'hat are the various kinds ? Dm'ess is ^vhere a man is constrained, by force of loss of life or limb, to do an act. It is of two kinds : (1) Of imprisonment ; (2) 2)er minas, which is threats of loss of life or limb. How are the riyhts of life and limb determined I , By death natural or civil, wdiich latter mighty occur by (1), attaint for treason or felony ; (2), banishment '; (3), abjuring the reahn ; (4), becoming a monk. What is the riyht of iiersonal liberty ? It consists in the free power of locomotion without illegal im- prisonment, restraint, banishment, and is especially secm^ed, (1), by the Magna Charta ; (2), the Petition of Riglit; and (3) the Habeas Corpus. THE EIGHTS OF PROPERTY. 11 CHAPTER V. THE RIGHTS OF PROPERTY. What is the right of jrrivate jiroperty ? It consists in every man's fi'ee use and disposal of his own lawful acquisitions, without injury or illegal diminution. Whetice comes dominion over all external objects ? It has its original fi'om the gift of the Creator to man in general. In whom was the substance of things vested at first f The substance of things was at first common to all mankind, yet a temporary property in the use of them might even then be acquired and continued by occupancy. Wluit was established in process of time ? A permanent property in substance as well as the use of things, which was also originally acquired by occupancy only. Lest this properti/ should determine by the owner's dereliction or death, ivhereby the thing would again become common, what did societies establish ? Conveyances, wills, and heirships, in order to continue the pro- perty of the first occupant, and where by accident such property became discontinued or unknown, the thing usually resulted to the sovereign of the state by vu'tue of the municipal law ; but of some things which are incapable of permanent substantial dominion there still subsists only the same transient usufructuary property which originaUy subsisted in all things, such as light, air, water, and animals /er« naturce. Wliat care does Parliament take of personal property ? A man cannot be taxed without his own consent in Parliament by the voice of his representative. 12 GUIDE TO Stephen's commentaries. He cannot be made to part with his property except by Parlia- ment, and then only on a proper indemnification. In this froperty or exclusive dominion consist the rights of things; ivhat are they ? 1. Things real. 2. Things personal. WMt are things real ? Such as are permanent, fixed and immoveable, which cannot be carried out of their place, — as lands, tenements, or hereditaments, together with then- rights and profits. Wliat are things iiersonal ? Goods, money, and all other moveables, which may attend the owner's person wherever he thinks proper to go. r^«/*t-Kr/ itd^' CHAPTER VI. the division of things real. A II things real are reducihle to one of three classes. What are they ? (1.) Lands. (2.) Tenements. (3.) Hereditaments. It might be noticed that the second includes the first ; and the third includes the first and second. What is land ? " Any ground, soil, or earth whatsoever," including not only the face of the earth, but everything under and over it. The maxim is Cig'tis est solum, ejus est usque ad caelum (et ad inferos). What is a tenement ? Though usually signifying houses and buildings, it includes TENURES. 1 3 everything that may be holden, assuming it be of a permanent kind, such as lands, rents, commons, &c. What is a hereditament, and wMt are the various hinds 7 The term inchides not only both the former, viz., lands and tenements, but also whatever may be inherited, as an heirloom, being the most comprehensive denomination of things real. Hereditaments are either corporeal or incorporeal. Distinguish letween corporeal and inmriioreal hereditaments. Corporeal hereditaments include land in the largest sense of the word, that is, not only the surface, but every other ohject of the senses belonging thereto ; and here in the main they are distinguished from incorporeal hereditaments, which are neither visible nor tangible (such as an annuity), but consist of the rights issuing out of things corporeal, or concerning, or annexed to, or exerciseable therewith. CHAPTER VII. TENURES. ffotv may things real, or cmporeal hereditaments he considered ? (1) As to their tenures ; (2) their estates ; (3) their title or the means of acquiring or losing them. WJience is the doctrine of tenures derived ? From the Feodal Law, which was planted in Europe by its northern conquerors — at the dissolution of the Roman Empire, whence we derive the relation of lord and vassal. Wluit ic ere pure and pi'oper feuds 7 Parcels of land allotted by a chief to his followers, to be held on condition of personally rendering due military sei-vice to their lord. This kind of interest was termed feudum or a feud, meaning an 14 GUIDE TO STEPHENS COMMENTARIES. estate held for a stipend or revrard, in contradistinction to allo- dium, which was the free and independent method in which the original conquerors held their share of the subjugated countiy. They were granted by the words dedi et concessi, perfected by investiture, to be held under the bond of fealty, supplemented by homage, were inheritable only by descendants, and could not be transferred without the mutual consent of the lord and vassal, which necessarily led to the doctrine of subinfeudation. Were tJiere any further incidents introduced into the relation of lord and vassal ? (1.) Aids, (i.) sums of money payable to ransom the lord ; (ii.) to knight his eldest son; (iii.) to many his eldest daughter. (2.) Eeliefs, payable on taking up an estate on lapse or death. (3.) Fines on alienation. (4.) Escheat and forfeiture, the two methods of dissolution of the relation. The first occiurring on faiku'e of heirs, the second in a breach of duty. What ivere improjper feuds ? They were derived from the others, but differed from them, (1) in their origin, having principally been obtained by barter, (2) in their services and renders, which were less honourable, or consisted of a rent ; and (3) in their descent indifferently to males or females, and other circumstances. Wlieji ivere the lands of England converted into feuds of the im- proper kind ? Some time after the Norman Conquest, probably about the compilation of the Domesday book, which introduction of feuds gave rise to the grand maxim of Tenure, viz., that " all lands in the kingdom are holden mediately or immediately of the sovereign ; " hence the terms "tenements," "tenants," "tenure." Ilmv were lands said to he held of the sovereign direct ? In capite or in chief; (1) ut de honor e, the king being pro- prietor of an honour, castle, or manor ; (2) Ut de Corona, which was of the crown, which latter was the general tenure. TENURES. 15 The king was considered " Lord paramount," and if any of the tenants de corona ahenated their property, they were called "mesne" lords, and their tenants "paravail." Wherein did the distinction of tenures exist ? In the natm'e of their services they were, (i.) as to quality; (1) fi*ee, i.e. as not unbecoming a soldier or free man as serving his lord in the wars ; or (2) base, for peasants, as ploughing, &c.; (ii.) as to the quantity and the period at which they were required, (1) certain, stinted, and not to be exceeded, as to pay an annual rent, &c.; or (2) uncertain, dependent on contin- gencies. Hoiv did these distinctions give rise to the various lay tenures ? (1.) In chivalry or knight-service the service was free but uncertain. (2.) In free socage the service was fi-ee and certain. (3.) In pure villenage the service was base and uncertain; and, (4.) in privileged villenage or villein socage the service was base but certain, prevailing principally amongst the tenants of the king's demesnes. The last two, viz., pure and privileged villenage, were subse- quently included in the term copyhold. What was the most universal ancient tcniwe ? That in chivalry or by knight-service, in which the tenant of every knight's fee was bound, is called upon to attend his lord to the wars. This was gi'anted by the words dedi et concessi, transferred by " livery," and perfected by homage and fealty, and usually in- volved : (1) Descent ; (2) wardship ; (3) man-iage ; (4) aids, as before mentioned ; (5) reliefs ; (6) primer seisin, i.e. a year's profits payable by heir of tenant in capite dying possessed of a knight's fee, subsequently taken by the Popes under the name of primitiiB or first fi-uits ; (7) ahenation other than by wiU ; (8) fines on alienation ; (9) escheat and forfeiture. What was tlie tenure hy grand serjeanty, and hmv did it differ from chivalry ? It is a species of knight-service, and differed from chivalry 3 6 GUIDE TO STEPHENS COMMENTARIES. merely in its render or service, and not in its fruits or consequences, the tenant being bound to do some special honorary service to the king in person, such as carry his banner, and not to serve him generally in war, neither did he pay " aid" or "escuage." WJmt was the tenure hy cornage ? It was a species of grand serjeanty, viz., where held direct of the sovereign its duties were to wind a horn when the Scots or other the king's enemies invaded the country. WJmt ivas scutage or escuage ? Pecuniary assessments into which the inconvenient personal service in chivalry was at length gradually changed. The word is derived from the Latin scutagium. What became of these militarg tenures ? They were all, except tenm-es of Frankalmoign, copyholds, and the honorary services of grand serjeanty, totally abolished and reduced to free socage by 12 Car; II. c. 24. ^Y]lat is socage ? and how ivas it divided ? A tenm-e by any certain and determinate service. It was divided into two kinds, (1) free socage, where the services in addition to being fr'ee were honourable, now known as freehold ; (2) villein-socage, where the services were base but certain, hence copyhold tenure. Did free socage law partake at all of the feudal nature as well as those in chivalrg ? It did strongly, being created by the same words, and in the same way, and holden subject to (1) the same fealty; (2) the same rules of descent ; (3) to wardship (of the nearest relative) ; (4) to marriage (which was, however, of no value to the guardian) ; (5) to reliefs; (6) to primer seisin; (7) to alienation; (8) to fines on alienation; (9) to escheat and forfeiture. It must, however, be remembered that 12 Car. II. c. 24 has abolished Valor Maritagii, primer seisin, fines on alienation, and 83 & 34 Yict. c. 23, escheat for felony. TENDEES. 1 7 What particular varieties does the tenure of free socage include ? (i.) Petit serjeanty ; (ii.) teiiiu-e in burgage, iuclucling Borough English ; (iii.) gaYclkind. What is pietit scrjeantij ? It is a free socage tenure held of the sovereign, by giving annually some small implement of war, as a sword. What is tenure in liirgage ? It is when the sovereign, or some other person, is lord of an ancient borough in v.-hich the tenements are held at a rent certain. It is a fr'ee socage tenure subject to special customs, the most exti'aordinary being the custom of Boi'ough English, by which the youngest son succeeds ; it is analogous to the custom of Marcheta in Scotland. What is the tenure in gavelkind 1 It is a species of socage tenure modified by custom principally prevalent in Kent. The following are its peculiar incidents ; (1) the tenants can alien at fifteen ; (2) there is no escheat in case of execution for felony, the maxim being, " the father to the bough, the son to the plough;" (3) the tenant had the power of devising his lands by will ; (■!:) the lands descend to aU the sons together. Wlience sprang our modern copyholds ? As we have before seen, fi-om pure villcnage, the consequence of manorial holdings. State what you hioiv of the origin and nature of manors '? The term was derived from the latin word Mancrium, which was the lord's residence. Manors were divided (1) into the Tcrrcc dominicalcs or demesne lands, of which the lord held as much as he required for himself, his family, and servants ; (2) the tenemental lands, which were distributed amongst the tenants according to the tenures : — (i.)'^to the freehold tenant in per- petuity : (ii.) to hold in villcnage ; and (3) the waste land, con- sisting of the public roads, and common of pasture. Wlicit was foTJdand ? Fulkland or pure villcnage was a prccai'ious and slavish tenure. 18 GUIDE TO STEPHENS COMMENTARIES. at the absolute ^^■ill of the lord upon uncertain services of the basest nature. The yilleins were clivided into two kinds; (1) regardant ; (2) in gross ; the former belongiug to the manor and assignable with it ; the latter existing — separate and apart from the manor, but annexed to the person of the lord — and transferable by deed at will. In process of time, and also by manumission, these villeins were allowed to hold their lands in a regular course of descent, and custom entitled them to hold against their lords, and by perform- ance of their due services^in spite of the lord's will ; these customs being evidenced by entry on the court rolls ; and by immemorial usage and admissions ; hence, by tacit consent or encroachment, have arisen the modern copyholds or tenure by copy of court roll, at the will of the lord, but regulated according to the custom of the manor. }V]iat are the incidents of lands held lij co})y]told tenure ? They are subject like socage lands to (1) fealty ; (2) descent to the heir Ijy custom ; (3) heriots (the right the lord has to seize the best beast or other chattel on the tenant's death) ; (4) wardship ; (5) reliefs ; (6) forfeiture and escheat ; and (7) fines upon descent or alienation, which are either, (i.) certain, i.e., reasonable, or (ii.) arbitrary at the lord's will. Copyholds may be also turned into freeholds by enfranchisement. What varieties of co])yhold are there? (1.) Ancient demesne or viUein socage. (2.) Customary fi-eeholds. What is 2)rivileged vitlcnage or villein socage ? It is an exalted species of copyhold tenure upon base but certain services, subsisting only in the ancient demesnes of the croT^Ti, in the time of Edward the Confessor and William the Conqueror ; whence the tenure is denominated tenure in ancient demesne. What are the j^eculiarities of these copyholds of ancient demesne ? They have many immunities annexed to their tenure, i.e., only the performance of the better class of viUein services, now clranged into monetary payments. They did not pay tolls or taxes, neither FREEHOLDS OF INHERITANCE. 19 could they be put on juries. They are still held by copy of court roU, according to the custom of the manor : though not at the will of the lord, and they require admittance to perfect then* title. What is customary freehold ? It is a species of copyhold evidenced by the entry of the title on the court rolls ; it is held according to the custom of the manor, but not at the will of the lord, though the seisin is in him, and not in the tenant. What is frankalmoign ? It is a tenure by spiritual services at large, whereby many eccle- siastical and eleemosynary corporations now hold their lands and tenements, being of a natm-e distinct from tenure by divine service in certain. They did no fealty because of the exalted nature of their service. CHAPTER VIIL FREEHOLDS OF INHERITANCE. What is an estate in lands, tenements, and hereditaments, and what may le considered to ascertain it ? An estctte in lands is derived from the Latin word status, and is such interest as the tenant hath therein. To ascertam which maybe considered; (1) the quantity of interest ; (2) the time of enjoyment ; (3) the number and connections of the tenants. How is the quantify of interest of the tenant in the land measured ? (1.) He has either an estate for his own life or that of anothei- person, (2.) It is vested in him and his heirs. (3r) It is circumscribed. (4.) It is infinite, viz., vested in the tenant and his heirs for ever. c 2 20 GUIDE TO Stephen's commentaries. Hoio may estates be divided ? From the last answer it will be seen that with respect to their quantity of interest or duration, they are (1) freehold, or (2) less than freehold. What is afrceJiold estate in lands ? An estate either of inheritance or for life, in lands of free tenure, and as such, was created and transferred by livery of seisin at the Common Law, or by what was equivalent thereto in tenements of an incorporeal natm-e. Hoio may freehold estates he divided? Into estates of inheritance, viz., fee simple, and fee tail ; or not of inheritance, viz., estates for life. What is an estate of inheritance ? One which the tenant is not only entitled to enjoy for his O'oti life, but afterwards is cast by the law upon those who successively represent him in perpetuuni, or in right of blood, according to the established order of descent. Wliat is a tenant in fee simile ? A tenant in fee is he that hath lands, tenements, or heredita- ments, to hold to him and his heirs for ever, generally absolutely and simply, not restricted to any particular kind of heir. A fee simple, therefore, or the inheritance of the lands, comprises the whole interest which a subject may possess in land, and the possession of the estate carries wdth it the invariable right of alienation. The word, heirs, is moreover necessary in the grant or donation. How may estates of inheritance he subdivided? Into (1) absolute or fee simple, that is to say, ft-ee fi'om all quahfications or conditions; and (2) limited; and the latter are again subdivided into (i.) qualified or base fees, and (ii.) fees conditional at the Conunon Law. What is a qualified or base fee, and give an example ? One which having a qualification subjoined thereto, is liable to FREEHOLDS OF INHERITANCE. 21 be defeated, when that qualification is at an end. As in case of a grant to A. and his heu-s, tenants of the manor of Dale ; in this instance, whenever the heirs of A. cease to be tenants of that manor, the grant is entu-ely defeated. What is a conditional fee ? Such as is granted to the donee and the heirs of his body, in exclusion of collateral heirs. Whij were these estates termed conditional fees 7 Because they were held to be fees granted on condition that the donee had issue of his body, which condition bemg once performed by the birth of issue, the donee's estate was suj^poscd to become absolute, at least for the following pm-poses : — (1.) To allow the tenants to alienate the land, ■which they took care to do as soon as they had issue, and they then repurchased, so as to obtain fee simples abso- lute. (2.) To forfeit it for treason. (3.) To charge it with incumbrances. How did the statute of De Donis Conditionalibus affect these conditional fees ? The statute De Donis (13 Edward I. c. 1), being passed to pre- vent such alienation, by enacting that from thenceforth the will of the donor be observed, and that the tenements so given to a man and the heirs of his body should at all events go to the issue, if there were any, and if not, revert to the grantor ; from the divi- sion of the fee by construction of this statute into a particular estate and a reversion, the conditional fees began to be called fees tail ; and it must be remembered that all tenements real, or savouring of the realty, are subject to entail. Having regard to the statute of De Donis, was the alienation Inj the tenant in tail for the future void? No, it created what is technically called a Mse fee, that is, one which remained vtith the grantee as long as the alienor lived, or his heirs lasted. 22 GUIDE TO STEPHENS COMMENTARIES. W7iat is an estate tail, and how may estates tail he divided and suMivided ? An estate tail is an estate limited to a man and the heii'S of his body lawfully begotten. They are divided into estates tail general and special, and each of these is again subdivided into estates tail, male or female. Tail general we have defined, A tail special is where the gift is restrained to certain hens of the donee's body, as by the body of a particular ^^ife, and does not go to them all in general, analagous to the fee simple conditional. It must be remembered that the words "heirs of the body," i.e., words of procreation, are absolutely necessary to create a fee tail. ^Y^lat is the effect of a gift to " a man and his heirs male " or " his heirs female " ? The necessary words of limitation have in these cases been used, but not the words of procreation ; consequently, in both cases the grantee takes a fee simple, which wall of necessity postpone the females in the second instance, in the event of there being any sons. What were the inconveniences of these entails, and how might they he harred and otherivise affected ? Childi-en gTew disobedient when they knew they could not be set aside ; farmers were ousted of their leases ; creditors were defrauded of their debts. Estates tail were first barred by the adoption of common re- coveries in the 12th year of Edward IV,, by Taltarum's case being brought before the court. They were ^alsp rendered liable to be forfeited for treason ; they could also be leased and barred by fine; and lastly, they were rendered liable for debts to the crown, or of abaui^ilt'^'^ Tenants in taU might also appoint to a charity. By 1 & 2 Vict. c. 110, and 27 & 28 Vict. c. 112, estates tail have also been recently rendered available to judginent creditors for payment of their debts in a manner similar to that applicable to estates in fee simple. Hoiv is an estate tail noto harred, and tvhat do you mean hy the protector of the settlement ? Under 3 & 4 '^YilI. IV. c, 74, by an ordinaiy deed of convey- FREEHOLDS NOT OF INHERITANCE. 23 auce, technically called a disentailing deed, being duly executed by the tenant in tail, and inrolled in Chancery within six calendar months after execution. A^Tiere there is, however, a prior tenant for life, or for years determinable on life, whose estate is created by the same settlement, and on whose estate the estate tail is exjiec- tant, he_2 S cahed the prot e ctor of the settlem ent, and his consent is necessary to the barring of the ultimate remainders; though without it the tenant in tail can alien for that sjjecies of estate before alluded to, viz., a base fee. Hoiv does a tenant in tail now tease his estate ? Under the same Act of Parliament, 3 & 4 AYill. lY. c. 74, for twenty-one years at a rack rent, or not less than five-sixths of a rack rent, and there is no necessity for such leases to be im-olled. CHAPTER IX. FREEHOLDS NOT OF INHERITANCE. How are freeliolds not of inheritance or for life only, divided? (1.) Conventional, or created by the act of the parties. (2.) Legal, or created by operation of law. How are conventiojial estates for life created, and whctt are they? They are created by express grant, or demise for the term of one's own life, or jJi^r cmtre vie, or by a general grant without limiting any particular estate, as a grant to A. B.; this makes him tenant for life, because all gTants are to be taken most strongly against the gTantor. What is the effect of an estate granted to a woman during widoiv- hood ? It is a life estate, liable to be determined by the futm'e con- tingency arising, before the life for which it is created expiring, i.e., the marriasre of the woman. 24 GUIDE TO Stephen's commentaries^. What are the incidents of these estates ? (1) Estovers and the law of waste ; (2) right of leasing ; (3) emblements ; (4) relating to the nndcr-tcnants ; for the under- tenants or lessees meet ^odth gTeater indulgence than their lessors, as regards emblements and also in the case of apportionment of rents. Wiat are estovers ? Common of estovers, that is, necessaries (fi-om Estoffer, to furnish) is a hberty of taking necessary wood for the use or fiu'niture of a house or farm, from off another's estate. The Saxon word lote is used by us as a synonymous term. In ichat iwsition is a tenant for Vfe as regards committing ivaste ? He is not allowed to cut do^vn timber, or do other waste upon the premises, except for the pm'pose of repairing houses or hedges, but he may continue the working of old mines, and make new shafts or pits in mines akeady open. Define waste, and what are the various Icinds 1 Waste, vastum, is a spoil or destruction of that which constitutes the corporeal hereditaments ; and is divided into (1) actual or voluntary, as cutting down timber, or (2) permissive, as allowing houses to fall to ruin. Wliat is the effect of a grant to a tenant for life " icithout im- peachmen t of waste " .? It gives him enlarged powers as to the committal of acts of waste, but he is still liable for ccpiitable waste, which consists in pulling doi^ni the family mansion, cutting trees left standing for ornament, &c. Wliat powers nave tenants for life to lease ? Under 19 & 20 Vict. c. 120, they have power to lease for twenty-one years, subject to the provisions of the Act, their settled estate, as it is termed; and they can also make permanent improvements by drainage or buUding suitable abodes for them- selves. FREEHOLDS NOT OF INHERITANCE. 25 Wliy are the executors of a tenant for tfe entitled to emhlements or 2'>rofits of the crops ? Because of the uncertain nature of his estate and the maxim, actus Dei neminem facit injuriam. The representatives have the emblements to compensate for the hibour and expense of growing them, &c., and also to encourage husbandry. The above rule, though, does not apply where the estate is determined by the tenant's own act. But it must be remembered that the act of the tenant docs not reach his under-tenant or lessee, who is a third person, and con- sequently not aflfected as for as the emblements arc concerned. Hoio is the under-tenant affected ly 14 ^- 15 Vict. c. 25 ? '\Ylicre his estate is determined by the death or cesser' of the estate of the landlord, the tenant is not entitled to emblements, but holds on merely to the expiration of the then current year of his tenancy, and then quits on the usual terms, no notice being requisite from either party. Is there any apportionment of rent now if the tenant die Vctivcen two quarter days ? Yes, by 11 Geo. II. c. 19 (applicable to tenancies not created by demise), at the instance of the executors or administrators, and by 4 & 5 Will. IV. c. 22, v^here there is a demise in writing. And lastly by 33 & 34 Vict. c. 35, in cases of all rents, annuities, dividends, and other periodical payments in the nature of income, whether reserved in writing or otherwise. What are the leyal estates for life'? (1.) Tenancy in tail after possibility of issue extinct. (2.) Tenancy by the curtesy of England. (3.) Tenancy in dower. Define a tenancy in tail after j'ossib it ity of issue extinct? Where an estate is given in special tail and, before issue had, the person dies from whose body the issue was to spring, or having had issue such issue becomes extinct, whereupon the tenant, if surviving, becomes tenant in tail after possibility of issue extinct. 26 GUIDE TO Stephen's commentaries. It must be remembered that the estate must l^e created by the act of God, and it partakes both of the incidents of an estate tail and those of an estate for hfe, because the tenant can commit all save equitable waste, and he and a tenant for life can mutually alienate their estates by exchange. Wliat is a tenancy hij the curtesy of England? Where a man's wife is solely seised of an estate of inheritance in possession, and he by her has issue born alive caj)able of in- heriting her estate, he shall upon her death hold the tenements for his ovm life as tenant l)y the cm-tesy of England. In gavel- kind lauds, it might be mentioned, he is only entitled to curtesy in a half, determinable on his marrying again, but as a set-off" to this no issue need be born. WJiat. are the requisites to the curtesy ? (1.) Marriage, which must be legal, and subsisting at the death. (2.) Seisin of the wife, which must be actual, not merely in law. (3.) Issue must be born alive. (4.) The death of the wife. What is a tenancy in dower ? "Where a woman's husband is solely seised of an estate of inherit- ance, of which her issue might by any possibility have been heir, and the husband dies, the woman is hereupon entitled to dower, or one-third part in value of the lands and tenements whereof he was seised at any time during the coverture, to hold for her natural life. To u'hat doiver is a woman entitled in lands of gavelkind tenure ? To an estate in one-half of the lands, provided that she remains chaste and unmarried. }YJio may le endotved? (1.) She must be the actual wife of the party at his decease, that is, she must not be divorced a vinculo matrimonii. A FREEHOLDS NOT OF INHERITANCE. 21 divorce a mensa et thoro, or judicial separation only, will not destroy dower, even for adultery. (2.) She must not be the wife of a traitor. Of what may a icklow he endowed? It depends entirely on the date of the maiTiage, that is to say, whether she claims under the ancient law or the present, viz., since 3 & 4 Will. IV, c. 105. A widow not coming within the Act is entitled to be endowed of all lands, tenements, and hereditaments of which her husband was solely seised for an estate of inheritance at any time during the covertm'e, and of which any issue which she might have had might by possibility have been heir, but she could not under the ancient law claim dower out of an equitable estate. By the above Act a wife's dower only extends to lands her husband dies seised of, and it is subject to his will and his debts, but it also applies to equitable estates and to a right of entry or action only. What ivere the various Jcinds of dower ? (1.) Either at the Common Law, (2.) By special custom, (3.) Dower de la plus lelle, (4.) Ad ostium ecclesite'; or (5.) Ex assensu patris. In ichat manner may a woman he endowed? Her dower is to be assigned by the heir of her husband, or his guardian, during the forty days she remains in the mansion house after his decease. If the heir neglects, the sheriflP may assign it. If the heir or his guardian assign more than he ought to have done, it may be remedied by writ of admeasm-ement of dower, and the sherifi" is called upon to assign it. If the thing be divisible her dower must be set out by metes and bounds, if it is indivisible she must be endowed specially, as of the third presentation to a church, &c. Hoiv may dower he harred ? By (1) elopement ; (2) divorce ; (3) the treason of the husband ; (4) temporarily, by detaining title deeds or evidences of title from 28 GUIDE TO STEPHENS COMMENTARIES. the heir ; (5) by levying a fine or suifcring a recovery under the old law ; (6) by deed duly acknowledged in case of "\^'onien married since 1st January, 1834 ; and (7) by jointure as regulated by the statute 27 Hen. VIII. c. 10. What is ajoiniure ? Strictly speaking, a joint estate, limited to both husband and wife. Sir Edward Coke defines it as follows : " A competent livehhood of freehold for the wife of lands and tenements, to take effect in profit or possesssion jjresently after the death of the husband, for the life of the wife at least. What are the requisites of jointure ? (1.) It must be limited to take effect immediately on the death of the husband. (2.) It must be for the wife's own life at least. (3.) It must be made to herself, and no other in trust for her. (4.) It must be made and so aj^j^ear in satisfaction of her whole dower, and not of any particular joart of it. It might be observed that if the jointure is made after marriage, the wife has a right to elect between that and her dower. What are tJie convparative advantages of dower or joint we'^ Tenants in dower by the old Common Law were subject to no tolls or taxes, neither could the king distrain for rent. The mdow may enter at once on her jointure. The assignment of dower is a tedious process. Dower is forfeited by adultery or by the treason of the husband, not so jointure. How did 3 & 4 Wm. IV. c. 105 affect tlie taw of dower so far sa the Mrrinf/ is concerned ? As we have before seen, dower used to be barred l)y taking a conveyance to uses to bar dower. The method was as follows : a life estate was limited to the purchaser and after the determination of that estate by forfeitm-e or otherwise a remainder was limited to trustees dming the life of the purchaser in trust for him, and after his death a remainder in fee was given to him. It may be seen that the intermediate estate of the trustee was sufficient to prevent ESTATES LESS THAN FREEHOLD. 29 the husband having at any moment during his lifetime a fee simjile in possession, and therefore his wife could claim no dower ; also by the aid of the Statute of Uses the husband was given a power of appointing the fee simple in such a manner as he might please, in priority to his own life interest and remainders where a marriage had taken place. But, since the date of the above Act, if it be the husband's wish, a simple declaration in the purchase deed, or in the husband's will, effectually debars the wife from her dower, and the land is subject to the husband's power of devising. CHAPTER X. ESTATES LESS THAN FREEHOLD. What is ike meaning of the term chattels, and how are they divhletU The general word chattels, synonymous with the Latin word catalla, comprehends all things personal, including whatever wants either the duration or the immobility attending things real; they are either (1) chattels real, or (2) chattels personal. WJiat are chattels real and chattels personal? Chattels real are such quantities of interest in things immove- able as are short of the duration of freeholds, being limited to a time certain, beyond which they cannot subsist. Chattels personal are things moveable which may be transferred from place to place together with the person of the owner. llention some of the princi/pal distinctions letween chattels real and freeholds of inheritance. (1.) "Livery of Seisin" was not requisite. (2.) The chattel real passed to the personal representative. (3.) The estate could be created infiduro. (4.) The tenant was merely possessed ; and (5.) A chattel cannot be entailed. 30 GUIDE TO Stephen's commentaries. What are estates less than freeholds ? There are tlu-ee sorts ; (1) estates for years ; (2) estates at will ; (3) estates by sufferance. What is an estate for years ? It is an interest which a man has usually by deed in the posses- sion of lands and tenements for some determinate period, as where lands and tenements are let to another for a certain period of time, which transfers the interest of the term, and the lessee enters ; this gives him possession of the term but not the legal seisin. Why is an estate for years called a term ? From the Latin word terminus, because it must expire at a certain period, or, in other words, its duration is limited. Explain the meaning of the maxim id certum est quod certum reddi potest. " That is certain which is reducible to a certainty." Therefore, a man may grant a lease to another for so many years as J. S. shall name, because when J. S. names the number of years, it is reduced to a certainty. If no day of commencement is named, it begins fi'om the making or deliveiy of the lease. Hoiv is an estate for years created ? Originally by agTcement, verbal or ^M'itten, perfected by entiy, but the 1st and 2nd sections of 29 Car. II. c. 3, require a lease for a term exceeding thi-ee years, or where less than two-thu-ds of a rack-rent is reserved, to be in writing ; and 8 & 9 Vict. c.lOG, s. 8, requires such leases to be by deed. The estate is limited to a man, his "executors and administrators." WJiat are the incidents to a tenancy for a term of years? (1) Estovers, and (2) emblements, if the estate determines before the full end of the term — other^^ise than by the tenant's own act — subject of course to l-i & 15 Yict. c. 25, before aUuded to ; and (3) he is liable to waste. What is an interesse termini ? It is merely the right of entry in the tenements mentioned above. ESTATES LESS THAN FEEEHOLD. 31 It is assignable, and if the lessee dies before entry, the interesse termini passes to his executors. W7iat is cm estate at witl, and how is it created, and tvkat are the incidents ? Where lauds are let by one man to another to hold at the will of both, and the lessee enters thereon. The estate, if perfected by entry, may be created by (1) ^\Titten agTeement ; (2) verbally; (3) construction of law. The tenant is entitled to emblements, unless he determine the tenancy, and he is liable for voluntary waste. What amounts to a determination of the tenancy '? (1) Express determination of the lessor's will by notice ; (2) the exertion of any act of ownership by the lessor, as entering upon the premises and cutting timber; (3) making a lease for years, to commence immediately; (4) by lessee's committing waste or any act of desertion, as assigning his estate, or (5) the death or outlawry of either lessor or lessee. Wiiat have tenancies at will of late been held to be, and ivhat notice to quit is necessary ? Tenancies from year to year, as long as both parties please, especially where an annual rent is reserved. Six months' notice to quit is necessary, expu-ing with the current year of the tenancy. Hotv may a tenancy from year to year be created? (1.) By express agTeement, which may be by parol if the term do not exceed three years, and two-thirds of a rack rent is at least reserved, otherwise by deed. (2.) By presumption of law, as where the tenant is in i30sses- sion of land, paying rent. For what length of time must a tenancy for one year certain, and so on from year to year, endure ? For two years certain, because the notice to quit cannot be given until the middle of the yearly tenancy, which does not com - 33 GUIDE TO STEPHENS COMMENTAETES. mence till the year certain has expired, and such notice must expire with the current year of the tenancy. }Yhat are the incidents of a tenancy from year to year 1 (1.) Notice to quit, because the tenancy is not determined by death. (2.) Waste generaUy, either voluntary or permissive, except in the case of a house, when the tenant seems merely liable to keep it wind and water tight. Wliat is an estate at sufferance ? Wlien one comes into possession of land by lawful title, l3ut keeps it afterwards without any title at all, as in the case of a lessee holding over after the determination of the lease. It may be remembered that no one can be tenant at sufferance as against the sovereign, because the crown cannot be guilty of lacJtcs. How can a tenatit at siifferance he got rid of ? By 4 Geo. II. c. 28, after demand made and notice in T\Titiug given by the landlord, the tenant forfeits double the yearly value of the lands, and by 11 Geo. II. c. 19, if the tenant gives notice to quit, and holds on after the expiration of such notice, double the yearly rent. See also 1 & 2 Vict. c. 74, and 19 & 20 Vict. c. 108, s. 50. CHAPTER XL OF ESTATES UPON CONDITION. What is an estate iqwn condition, and how are such estates divided ? An estate upon condition, which may or may not be freehold, is of two sorts : (i.) on condition implied: (ii.) expressed, under which last may be included: (1) estates held in radio, gage or pledge : (2) estates by statute UKTchant or statute staple : and (3) estates held l)y elegit. OF ESTATES UPON" CONDITION. 33 What is an estate upon condition implied ? "Where a grant of an estate has from its essence and constitu- tion a condition inseparably annexed to it though none be expressed in words, as, a grant to a man of an office generally. What is an estate ujwn condition express ? "Where an express qualification or condition is annexed to the grant of an estate on the performance or breach of which condition, either expressed or implied, the estate so granted shall either (1) commence : (2) be enlarged, or (3) be defeated. Distinguish between conditions precedent or siibseq_uent ? " Precedent," are such as must happen or be performed before the estate can vest or be enlarged: as where an estate is limited to A. upon his marriage with B. " Subsequent," are such upon the failure or non-performance of which an estate already vested may be defeated. As a grant of an estate in fee simple, reserving a rent, if the rent be not paid it shall be lawful for the grantor to re-enter. WJiat is an estate created hy ivaij of condiiional limitation, and distinguish ieficeen conditional limitations and estates de2)ending on a condition suisequoit ? Where an estate is so expressly confined and limited by the words of its creation that it cannot endure for any longer time than till the contingency happens upon which the estate is to fail, as when land is granted to a man so long as he is parson of Dale ; here the estate determines as soon as the contingency happens. In the case of a condition subsequent, the grantor must enter in order to take advantage of the breach. Can the right of entry on breach of a condition subsequent be reserved in favour of a stranger ? No, it cannot; only in favour" of the grantor and his heirs, neither could it until the year 1540 have been assigned; but by 32 Hen. VIII. c. 34, the gi'autee of the reversion upon a lease for years or for life by indentm-e, has the same power of re-entry upon breach of the covenants running with the land contained in the lease as the lessor or his heirs. 34 GUIDE TO Stephen's commentaries. Utider ivhat circwnsfances are express conditions void ? (1) If tliey become impossible at the time of theii' creation, or afterwards become impossible by the act of God or the feoffor himself; or (2) if they be contrary to law; or (8) repugnant to the nature of the estate. In the aboTc cases if they be conditions subsequent, the estate becomes absolute in the tenant ; not so, natm-aUy, in the case of a void condition precedent, because the estate can never vest. Wliat are estates held in vadio, in gage or jjledge, and Jiow may they he subdivided ? Estates in vadio, or in pledge, are estates granted as a secmity for money lent, being (1) in vivo vadio, in living gage, where the profits of the laud are granted till a debt is paid, upon which payment the grantor's estate will revive. (2) In mortuo vadio, in dead or mort gage, which is, when a man borroAvs of another a certain siun, an estate is granted either in fee or for a less period on condition to be void at a day certain, if the grantor then repays the money borrowed with interest, on failure of which the estate becomes absolutely dead to the grantor. A proviso or contract that if the money be repaid on the particular day the mortgagee should then at the request of the mortgagor rcconvey the pro- perty mortgaged is now substituted for the conditions defeating the estate granted. What is an equity of redem^'ttioji, and how is it ohtained ? It is a right the mortgagor has to redeem his mortgaged estate upon payment of the principal, interest, and costs of the mortgage. It is obtained in Chancery by calling upon the mortgagee to reconvey upon the above terms; or, if he is in possession, that an account may be taken as to rents and profits and the mortgage money and expenses, and that upon payment of the balance, if any, the mortgagee may j-econvey. What is meant ly the term "foreclosure " ? Foreclosure is the right which the mortgagee has to retain the mortgaged estate in default of payment for ever as against the mortgagor when the debt has remained unpaid for an mu-easonable OF ESTATES UPON CONDITION". 35 time, or the mortgagor has been guilty of fraud, as mortgaging his property twice over; or the estate may be sold. Within what time may a mortgagor redeem his estate ? Witliin twenty years after payment of any principal or interest^ or a written acknowledgment of the mortgagor's right by the mortgagee, if in possession. See 3 & 4 Will. IV. c. 27, 1 Vict. c. 28. What are estates held hy statute merchant and statute staple ? They are both securities for debts acknowldged to be due, the former, entered into before the chief magistrate of some trading town pursuant to the statute 13 Edw. I. stat. 3, Be mercatoribus ; the latter pm-suant to the statute 27 Edw. III. stat. 2 c, before the mayor of the " Staple." They were only originally permitted amongst traders. The lands were delivered to the creditor tUl the profits discharged the debt, in addition to the trader being im- prisoned and his goods seized. WJiat is an estate o/ elegit ? It is a writ founded on the 13 Edw. I. c. 18 (Statute of Elegit), whereby after the plaintiff" had obtained judgment for his debt the sheriflp used to give him possession of a moiety of the defendant's freehold lands and tenements, to be held until the debt and damages were fiilly paid. The creditor was called a tenant by elegit, and by 1 & 2 Vict. c. 110 the whole of the debtor's lands can now be taken. D 2 36 GUIDE TO STEPHENS COMMENTARIES. CHAPTER XII. ESTATES m rOSSESSION, EEMAINDER, AND REVERSION. What are estates with resjjed to the time of their enjoijment, and how are they subdivided ? They are either (i.) in immediate possession or (ii.) expectancy, and of the latter there are two kinds, (1) one created by the act of parties, called a remainder, (2) by act of law, and called a reversion. WJiat is an estate in possession ? It is sometimes called an estate executed, " whereby a present interest passes to and resides in the tenant, not depending on any subsequent circumstance or contingency," as in the case of estates executory. It does not mean that the owner has the actual but only the legal possession. What is an estate in reversion, and what the usual incidents ? The residue of an estate left in the grantor to commence in possession after the determination of some particular estate granted by him ; as, if there be a gift in tail, the rerersion of the fee is with- out any special reservation vested in the donor by act of law. To which are incident — (1) fealty, and (2) rent, but the latter is not necessarily incident to the reversion. What is the particular estate ? It is the precedent estate to the reversion, — so called as being only a small part ovparticula of the inheritance. What do you hnoiu of the law of menjer ? Are there a7iy excep- tions ? '^Yhen a less and a greater estate limited subsequently meet in one and the same person in the same right without any inter- mediate estate intervening, the less is said to be merged in the greater. ,',.'tk-^( t» in^*!^i^*^ y /" ESTATES IN POSSESSION, REMAINDER, AND REVERSION. 37 There are two exceptions to the rule, (i.) a fee tail never merges in a fee simple, being constructively excepted by the statute of De Donis, and (ii.) a base fee never merges in a reversion, by 3 & 4 Will. IV, c. 74. What is an estate in remainder ? Give an example. It may be defined as an estate limited to take effect and be enjoyed after another estate is determined, both estates being limited by the same deed at the same time ; as, if a man seised in fee simple grants lands to A. for his life, and after the determina- tion of that estate, then to B. and his heirs for ever, — here A. is tenant for life, remainder to B. in fee. It must however be remembered that no remainder can be limited after the grant of an estate in fee simple, because the fee simple is the largest estate that can possibly be enjoyed in real estate; consequently a re- mainder cannot be reserved after the whole is disposed of. WJiat is the distinctio?i between reversions and remainders ? (1) A reversion arises by construction of law, a remainder by act of parties, i.e., by either deed or devise; (2) there is no tenure between the owner of the particular estate and the re- mainder-man, but there is between the o^mer of the particular estate and the reversioner. What are the rides for the creation of a remainder ? (1.) There must be a particular estate precedent to the re- mainder. (2.) The remainder must pass out of the grantor at the crea- tion of the particular estate. (3.) The remainder must vest in the gi-antee during the con- tinuance or at the determination of the particular estate. ffoifj may remainders he divided, and define each class ? Eemainders are, (1) vested, when the estate is fixed to remain to a certain person after the particular estate is spent, such as we have just treated of ; (2) contingent, where the estate is limited to take effect either to an uncertain person or uj)on an uncertain event. 38 GUIDE TO STEPHENS COMMENTAEIES. What are the rules for the creation of contingent remainders ? (1.) Contingent remainders of freehold require a particular estate of fi-eehold to support them. (2.) They must vest either during the continuance of the particular estate or eo instanti that it determines. Contingent reinaijiders ivere very liable to destruction ; how were they subsequently protected ? By limiting an estate in remainder expectant on the particular life estate to trustees for the natural life of the tenant for life upon trusts to preserve the contingent remainder. This, being a vested remainder, was always ready to come into possession when the particular estate should determine by forfeitm-e or otherwise than by death, and prevented the possibility of the ultimate estates becoming united in possession as long as there was a possibihty that the contingent estate might arise. Wliat do you understand by the term Strict Settleme7it ? It was the method by which estates were, as far as possible without infi-inging the rule against perpetuities, continued in the same family by settling it as follows : to A. the head of the family for life, remainder to B. the eldest son (usually a bachelor at the date of the settlement) for life with remainder ; after the determination of these estates by forfeiture or otherwise, to trustees during the life of B. upon trust to preserve contin- gent remainders, with remainder to the eldest and other sons successively in tail, with remainder to C. another son of A. for his life, and so on. Would a right of entry supjjort a contingent remainder ? Yes, because it is not necessary that the particular estate should be absolutely in possession. Hoiv are contingent remainders affected by 8 & 9 Vict. c. lOG, s. 8? Contingent remainders are capable of taking effect notwith- standing the determination by forfeiture, smTcnder, or merger of the particular estate. ESTATES IN" SEVERALTY, JOINT TENANCY, ETC. 39 What do you hnoiv of the ride in Shelley's case ? Give an example. "Where the ancestor by any gift or conYeyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, the word heirs are words of limitation of the estate, and not of pm*- chase. In other words it means that the ancestor's estate enlarges into a disposable fee simple or fee tail as the case may be, and that the heirs take nothing by such gift itself unless such an estate is allowed to descend to them. An exami^le of a mediate gift would be a grant to A. for life with remainder to B. for life, with remainder to the lieii's of the body of the said A. How has the law of reversionary interests lecn protected hj 6 Anne, c. 18 and 31 Vict. c. 4 ? By G Anne, c. 18, the Com-t of Chancery has power to order the production of the cestui qui vie on the api^lication of the person in remainder or reversion, and if such order be not complied with the party shall be taken to be dead and the person in expectancy may enter. The latter statute enacts that a lond fule sale of a reversion cannot now be impeached on the ground of under value, but only for fi'aud in the management of the sale. CHAPTER XIII. ESTATES IN SEVERALTY, JOINT TENANCY, CO-PARCENARY, AND COMMON. How may estates he held with resjjccf to the nu7nler and, connection of their tenants ? (1) In severalty ; (2) in joint-tenancy ; (3) in co-parcenary ; and (4) in common. 40 GUIDE TO Stephen's commentaries. What is cm estate in severalty ? It is where any tenant holds it in his own sole right without any other person being joined with him. Wlmt is an estate in joint tenancy ? Where lands or tenements are acquired by two or more persons by the same title, other than by descent ; and at the same time ; to hold in fee simple, fee tail, for life, for years, or at will ; — in which case the law construes them to be joint tenants, unless the words of the grant expressly exclude such construction. ]That are the properties of an estate in joint tenancy'^ (1) Unity of interest ; (2) of title ; (3) of time ; and (4) of possession. They are also seised ^er my et per tout, and, therefore, upon the decease of one joint tenant the whole interest remains to the survivor. Distinguish letween a joint tenancy and a tenancy hj entire- ties ? As we have just said joint tenants are said to be seised 7;^;* my etper tout, meaning the possession is not only of a part but also of the whole. Each has an undivided moiety of the whole, and not the whole of the undivided moiety. Husband and wife are tenants hj entireties, because being con- sidered as one person in law they cannot take the estate in shares, but both are seised of the entirety p)^i' tout et non pier my. The consequence of which is that if an estate is conveyed to the husband and the wife and a third person, the husband and wife take one moiety and the third person the other. What do you iinderstatid hy the doctrine of survivorship'? It means that the entire teuancy upon the decease of any of the joint tenants remains to the survivors or survivor by reason of the entirety of interest. This right of survivorship is called the jus accrescendi, and the maxim is jus accrescendi prcefei'tur otieribus ac ultimw voluntati. Hence no curtesy or dower can be claimed out of a joint estate, neither can a joint tenant make a will. ESTATES IN SEVEEALTY, JOINT TENANCY, ETC. 41 Holo may a joint ienancy be destroyed? By destroying any of its constituent unities in either of the following ways, viz : — (1.) By partition. (2.) By alienation without partition. (3.) By accession of interest. What ivould le the result were one of three joint tenants to alienate his share ? The two remaining tenants still hold their shares by joint tenancy with survivorship, and the alienee holds as tenant in common. The same result would ensue were one of thi-ee joint tenants to release his share to one of the others. The joint tenancy is destroyed with regard to the share released, which is held in tenancy in common, but the two other parts are still held in joint tenancy. What is an estate in co-jmrcetiary, and hotu does it arise ? Where lands of inheritance descend from the ancestor to two or more persons, who are called parceners, and all together make but one heir, the estate arises (1) by common law, or (2) by particular custom : — by common law, where a person's next heirs are two or more females ; by particular custom in cases of gavel- kind, where the lands descend to all the males equally. Hoiv does an estate iji co-parcenary differ from a joint tenancy ? (1.) Co-parceners claim by descent, joint tenants by pm'chase. (2.) There is no unity of time. (3.) There is no entirety of interests. (4.) There is no equality of interest. What do you knoiv of the law of Hotchpot ? " Hotchpot is derived ft-om a word signifying a pudding, because in a pudding is not commonly put one thing alone but y^ith other things together." And the idea arose as follows : if one of the daughtei-s had an estate given with her in franhnarriaye, if lands descended to her from the same ancestor in fee simple she or her heirs had no share of them, unless they agreed to divide the lands in frankmarriage with the rest of the lands descending. 42 GUIDE TO Stephen's commentaries. How do you dissolve an estate in co-parcenajry ? (1) By partition ; (2) by alienation ; and (3) by the whole descending to and vesting in one person. Why are these co-heirs called co-parceners 7 Fi'om the fact that they could always be compelled to make partition, which could have been done by the following methods : (i.) By consent. (1) By agreement ; (2) by the choice of a fi'iend ; (3) where the eldest divided and chose last ; (4) by casting lots, (ii.) Compulsorily, by writ of partition. It might be mentioned that if an advowson descends in co-par- cenary, and the sisters cannot agi'ee in the presentation, the eldest and her issue, and even her husband, shall present alone before the younger. What is a tenancy in common, and what ((re its projjerties ? Where two or more persons hold lands possiljly by distinct titles and for distinct interests but by unity of possession, because none knows his own severalty ; there is therefore a possession without sui-vivorship, the seisin being jyfr my and not j^cr totd, Ijut no necessary unity of title, time, or interest, either as regards equality or entirety. Hoio may a tenancy in common de created? (1.) By dissolving the constituent unities of the two former tenancies. (2.) By express limitation in a deed. What are cross remainders f They generally arise when property is given to two or more persons as tenants in common in tail, with a proviso that, in the event of he death of one in the lifetime of the others without leaving issue, his share shall go to the smwivor or survivors and vice versa. They can only be granted by deed or will, and are never implied in the fonner. How may a tenancy in common le dissolved? (1.) By uniting the several titles in one tenant ; and (2.) By partition of the land. USES AND TRUSTS. 43 CHAPTER XIV. USES AND TEUSTS. Distinguish t'etwem uses and trusts} A use is the beneficial owuersliip of the property, such as the right to the rents and profits, or, in fact, that estate which is now transmuted into possession by the Statute of Uses ; whereas a trust was the confidence reposed in the legal tenant of the land that he should dispose of it as thereby directed, or according to the Avislics of the cestui que use. How and when was the notion of a use transplanted i^ito England? By the foreign ecclesiastics towards the close of the reign of Edward III. as a means of evading the Mortmain Law, and also of facilitating the devise of lands by dying penitents, by obtaining grants, not to the religious houses directly, but to tlie use of those religious houses. But 15 Eichard II., c. 5 enacted that uses should for the future be subject to the Statutes of Mortmain, and forfeitable like the lands themselves, unless the licence of the Cro-ftTi was first obtained. WMt was the result of the introduction of uses ? That they were adopted with considerable readiness by all people, particularly as they, (1) removed the restraint on alienation by wiU; (2) as to their creation, transfer, and interest, they entkely disregarded other technical doctrines of tenure; and (3) were not forfeited for treason or felony. Hoiv urns a use created ? (1.) By express agreement or declaration. (2.) By implication, as in the case of a resulting use. (3.) By mere contract, express or implied, as a covenant to stand seised, bargain and sale, &c. WJiat hind of property may le granted to a use ? All kinds, both corporeal and incorporeal, save, as regards the 44 GUIDE TO STEPHENS COMMENTARIES. latter, those which are annexed to the possession and quce ipso usu consummunttir, i.e. rights of way or common. WJiat is a result unj use .? One which results back again to the gi^antor himself by implica- tion because either there is no consideration for it, or the trust for which it was limited is too indefinite, it being naturally con- sidered in the Courts of Chancery that the feoflFor intended merely to benefit himself. Conlcl any one hold to a use ? Jiow was his estate affected ? All persons except, (1) aliens; (2) persons attainted; (3) the soTcreign; (4) a corporation aggregate. The estate of the feoflFee to uses possessed the ordinary incidents of tenure, and was consequently liable to (1) descent; (2) alienation; (3) forfeiture; (4) execution for debts; (5) escheat; (6) dower or curtesy. What ivere the properties and advantages of uses in Equihj ? (1.) They might be secretly created or assigned between the parties or be demised. (2.) They were not liable to any of the feudal burdens as regarded the creation, transfer, or interest. (3.) They did not escheat for felony or other defect of blood. (4.) Dower and curtsey could not be claimed; and, (5.) They were not liable for the debts of the cestui qiie use. What were the inconveniences attendant on the doctrine of uses, and how were they ultimately olviated ? " A man who had cause to bring an action knew not against whom to bring it; the wife was defrauded of her thirds, the husband of his curtesy, the lord of his wardship relief, &c., and tlie poor tenant of his lease." To obviate these, abundant statutes Avere passed treating the cestui que use as real owner of the estate, and at length the object was entirely eflected by the statute 27 Hen. VIII. c. 10, which enacted that where any person was seised of lands, &c., to the use, confidence, or trust of any other person, the person entitled to the use should thenceforth be seised of the land, &c., in the like estates as they had in the use. USES AND TRUSTS. 45 The statute thus executes the use; hence if a conveyance Idc made to A. to the use of B. the latter takes both the legal and equitable estate. What are the essentials necessary to Iring the statute into operation ? (1.) The word seised, being the single word used in the statute, excludes from its operation copyholds and leaseholds. (2.) The statute requires that a man should be seised to the use of another and not to the use of himself merely; and, (3.) The statute will only execute a use so far as there is a corresponding seisin. What are the rules of tJie Common Law Courts as regards uses ? (1.) A use cannot be limited on a use. (2.) The statute only executes a passive and not an active use. ffoto were trusts introduced, and distinguish letiveen active and passive trusts ? Having regard to the fact that the statute did not execute the uses referred to in the last answer, Com-ts of Equity determined to give effect to them under the name of trusts, because they were in reality trusts in equity, which were binding, and ought to be performed. An active trust is Avhere lands are given to a man and his heirs in trust to receive and pay over the profits to another; a passive trust is where the cestui que t(se is allowed to receive the rents and profits himself. Define a trust, and distinguish between executory, executed, express, implied, and resulting trusts ? A trust may be defined as a confidence reposed by one person in another to do a certain act. An executory trust is one which is not formally and finally declared by the instrument creating it as an executed trust is, but which is merely contained in a stipulation or direction to carry it out by a future instrument. An express trust is one which is clearly expressed Ijy the author thereof, or may be 46 GUIDE TO STEPHENS COMMENTARIES. fairly collected from the terms of a wi'itten document. An implied trust is one which is founded on an unexpressed but presumeable intention. And a resulting, which is in reality an implied trust, is one which results to the gi-antor by implication. Who may le a trustee .? Any person capable of holding land ; and further the Court of Equity never wants a trustee ; it will either take it upon itself to cany out the trust, or follow the legal estate and decree the holder to do so. Wliat is the jpositwn of the trustee at law ? He is merely the instrument of couTeyance ; but the trust (1) descends ; (2) may be aliened ; (3) is liable to debts ; (4) for- feitm-e and other incumbrances, but not to escheat ; (5) dower and cm-tesy. What are the 2>rinci2xd j^rovisions of the Trustee Act of 1850, 13 & 14 Vict. c. 50, a7id 15 & 16 Vict. c. 55 ? They enact that where a trustee is a lunatic or leaves the country, or refuses to convey, or dies intestate, or is an infant, &c., &c., the Court of Chancery may make an order vesting the lands in any other person, which order operates as a valid conveyance. What is the nature of the estate of the cestui que trust ? The rules applicable to legal Restates are generally adopted by the Com'ts of Equity. It (1) may be either for life, or in tail; (2) in possession or expectancy ; (3) merger applies ; (4) the rule in Shelley's case ; (5) it is subject to cm'tesy or dower ; (6) it is liable to judgment debts. But there is no escheat of a trust estate, nor is there any for- feitm-e for felony. How must a trust he created or transferred ? By 29 Car. II. c. 3 every declaration, assignment, or grant of any trust in lands or hereditaments, except such as arise from implication or construction of law, must be made m writing and signed by the party, or by his will. In practice conveyances TITLE IN GENERAL. 47 applicable to the legal estate are usually adopted, but this is not absolutely necessary. If writing is used and duly signed to satisfy the above statute, and the intention to create or transfer is clear, it is quite sufiicient. Wliat is the mecuiing of a term upon trust to attend the in- heritcmce '? Long terms of years are sometimes created for various purposes, principally for raising money. Should the purposes of the term be satisfied it was advisable to keep it on foot, because it protected purchasers from mesne incumbrances {i.e. incmnbrances created once the creation of the term), of which they had had no notice. So the purchaser got it assigned fi'om the trustee to new trustees of his own choosing " in trust to attend the inheritancer How has it been affected hj Statute f This assignment is now rendered unnecessary, for by 8 & 9 Yict. c. 112, sect. 1, all satisfied terms which were attendant on the 31st December, 1845, are to cease and determine on that day, unless made expressly attendant on the inheritance, and by the 2nd section all terms being satisfied and attendant after the 31st December, 1845, are determined immediately on their be- comins; so attendant. CHAPTER XV. TITLE IN GENERAL. How may an estate in tand le acquired ? (1) By descent or the act of the law, and (2) by purchase or the act of parties. What is a title ly act of taw, and what is included in the term ? Where the title is vested in a man by the operation of the law without any interference of his own; it includes (1) descent ; (2) escheat ; (3) dower ; (4) cmtcsy. 48 GUIDE TO Stephen's commentaries. JVhat is a title ly purclmse, and what are the various kinds ? Where the title is vested in a man by his own act and agree- ment, it includes (1) occupancy ; (2) forfeiture'; (3) convey- ance. CHAPTER XVI. title by descent. Wlmt is descent ? The means whereby a man, on the death of his ancestor, acquires a title to his estate, in right of representation as his heir at law. What is the riieaning of the maxim nemo est hseres viventis, and distinguish iefween an heir apparent and an heir ^presumptive'? "No one can be heir of a living person." • An heu' apparent is a person who is bound to succeed to his ancestor's estate, assuming he survive, as the eldest son. An heir presumptive, is one who would be the heir were his ancestor to die at that jjarticular moment, but who may be ousted by the bhth of ji subsequent and nearer heir, as in the case of a daughter being postponed to an after-born son. . • What is the law of descent founded on ? On custom, tracing back as far as the reign of Henry II., fairly perfected in the reign of Edward I., and undergoing no change until the Inheritance Act, -3 & 4 Wm. IV. c. 106. Wliat is the first rule of descent, and explain the word purchaser ? (1.) Descent shall be traced from the purchaser, which word includes every one entitled, who did not inherit. J\liat alteration in the law tvas introduced hy tlie above rule ? The old rule was that the descent was traced from the person last seised ; " seisind facit stipitetn" being the maxim. TITLE BY DESCENT. 40 JVTiat ts meant lij the term consanguinitij, and vliat arc the various kinds ? It is the connection or relationship of persons descended fi'om the same stock or common ancestor. It is — (1) Lineal where one of the kinsmen is lineally descended fi'om the other ; (2) Collateral where they are lineally descended, not one ffom the other, but both fi'om the same coDimon ancestor. What is the effect of a devise to a man^s heir eo nomine ? By 3 & 4 Will IV. c. 106, s. 3, in case of such a devise by a testator dying after the passing of the Act (31 Dec, 1833), the heir would take by purchase, and not by descent. What is the second rule of descent ? (2.) Inheritances lineally descend to the issue of the pm'chaser in infinitum. State the third rate. Wheme do the taw of primogeniture and the 'preference of mates to females derive their origin ? (3.) Children of the pm-chaser are preferred to their issue, but males to females. Where there are two males of equal degxee, the eldest inherits ; females altogether. The law of primogeniture seems to have sprung fi-om the custom of the Jews, amongst whom the eldest son took a double portion of the inheritance, as also amongst us he h^d, in the time ftf Henry I., the principal fee of his father. Again, the inconveniences of splitting the fee were severely felt in cases of titles of nobility ; consequently, the eldest son invariably began to succeed. The preference of males to females was proba- bly derived from the feudal system, because no woman could ever succeed to a feud, she being incapable of military service. Wliat is the fourth rule of descent? Distinguish between succes- sion per stirpes and per capita ? (4.) The lineal descendants in infinitum of the purchaser re- present the ancestor, that is, stand in the same place as he would have done had he been living, subject of course to the last rule. Succession j^fr stirpes is taking by the roots, that is to say, that each branch take the same share as the root they represent. Per 50 GUIDE TO STEPHEN S COMMENTARIES. ccqyita is taking share and share aHke as next of kin of the deceased without reference to the stock of descent. What is the fifth rule of descent ; and ivluit alteration has it effected in the law of descent? (5.) On failui'e of issue of the piu'chaser the nearest hneal an- cestor inherits, assuming there be no issue of a nearer lineal ancestor existing. All ancestor was never capable of being heir before the intro- duction of this rule of descent; the land would formerly have escheated rather than it should ascend. ^fhat was the reason that originally inheritances ivere never allowed to ascend ? Because of the feudal law. Feuds or fees were held in three ways ; (1) as Oifeudum antiquum; (2) as ^feudum novum; (3) as a feudum novum ut antiquum. In the fh'st instance as the son was presumed to have inherited from his ancestor, the father must have been dead before the fee could have passed by him to the son. If it was o. feudum novum the ancestor could not succeed to it, because of the feudal maxim, Ha,reditas nunquam ascendit, founded on the rule that the heir must be of the blood of the purchaser, and on the fact that the lords did not wish for decrepit vassals. If it were a fee of the third class, viz., ut antiquum, he would be excluded by the reason first mentioned. State the sixth rule of descent ? (6.) Among lineal ancestors of the purchaser the paternal line is preferred to the maternal, whether of the purchaser himself or of any ancestors, male or female. What is the sevejith rule of descent, and ivhat hranch of the inheritance does the rule embrace ? (7.) Assuming the ancestor mentioned in the fifth rule to die before the pm-chaser, his issue represent him i?i infinitum, in the same manner as the issue of the pm-chaser; but inasmuch as this rule embraces collateral relations, those of the whole blood are preferred to those of the half. TITLE BY DESCENT. 51 What alteration has heen effected by the latter rule ? This last rule introduced considerable alteration, because pre- viously the half blood could never inherit ; the lands would have escheated rather. Explain tlie meaning of the maxim '^ Possessio fratris facit sororem esse hceredmn .? " If a man married t^\'ice and had a son and a daughter by his first wife and a son by the second, and died intestate, and then his son died, the daughter of the first marriage would be heir, because she was whole blood to the purchaser, in preference to the son by the second. Hoiv can a man acquire land hij purcfuise under a limitation to " the heirs " or " heirs of the body " of one of his ancestors ? A conveyance of lands to B. for life, ^\\i\\ remainder to his " heirs " or " heirs of his body." Whoever is the heir of B. at his death, takes a remainder by j)urcliase ; but by the 4th section of 3 & 4 Will. IV. c. 106 if the conveyance be dated after, or the will be of a testator who died after 31st December, 1833, the land descends, and the descent is traced as if the ancestor named had been the pm*chaser. How has 22 & 23 Vict. c. 35, s. 19, affected the law of inheritance ? By enacting that where there is a total failure of heirs of the purchaser (under which circumstances the land would formerly have escheated) the descent is to be traced from the person last entitled, as if he had been the purchaser. What do you understand by breaking the descent ? Simply that where an estate which has descended in one parti- cular line as ex parte tnaternd, is sold by one of the parties, or is devised by his will, the old line of descent is broken, and the pm-- ehaser or devisee becomes the new ^>ro/;(>s2Yi GUIDE TO Stephen's commentaries. CHAPTER XX [I. CONVEYANCES AT THE COMMON LA^\^ In earlier times ivhat vjere the two classes of conveyances ? (i.) By matter in pais, later on termed ordinary, and snJi- divided into (1) conveyances at Common Law ; and (2) by Statute Law. (ii.) By matter of record. W/zat are the conveyances at Common Law ? (i.) They are either original or primaiy ; and include (1) a feoffment ; (2) grant ; (3) lease ; (4) exchange ; (5) a partition ; or (ii.) Secondary or derivative, i.e., presuppose a conveyance precedent, and only given to enlarge, restrain, or confirm, &c. They include (1) release ; (2) confirma- tion ; (3) a sun-ender ; (4) an assignment ; (5) a defeasance ; (6) lease and release. What is a feoffment, and how jjerfected ? State any incidents which may occur to you. It is derived from the verb feoffare or infeudare, to give one a feud, and is applied to conveying an estate of freehold in possession in a corporeal hereditament. The words are "Do" or " dedi,'' attended with livery of seisin, or delivery of bodily possession, and which is of two kinds ; (1) in deed, which is performed on the land ; (2) in law, in sight of the land. Since 1st October, 1845 (8 & 9 Vict. c. 106, s. 3), no feoffment made after that date, save a feoffment made under custom by an infant, is good unless made by deed; and by the 4th section of the same act, no feoffment has any longer a tortious operation, that is to say, conveys a greater estate than the gi-antor has. What is the proper term applicahJe to a conveyance of an estate tail or an estate for life ? Strictly speaking the former is called a gift ; the latter a demise or lease, because a feoffment can only technically pass the fee. CONVEYANCES AT THE COMMOX LAW. 63 Whal is a grant, and how made ? It is a couvejauce effected by mere deed ; the operative words are " dedi et concessit It is applicable to all estates in expectancy, incorporeal hereditaments, and also to the transfer of heredita- ments incorporeal ; i.e., rents, commons, advowsons ; and by 8 & U Vict. c. 106, a conveyance by grant is now made applicable to all kinds of hereditaments ; formerly, it must be remembered, corporeal hereditaments were said to lie in livery, incorporeal in grant. WMt is a lease or demise, and liow effected '? A conveyance of lands &c. generally, with a reservation of a rent for life or years or at will, usually for a less term than the lessor has therein ; for if it is for the whole time, it is an assign- ment. The proper operative words are " Demisi, concessi, et adfirnmm tradidi," "demise, lease, and to farm let." The lease must, by 29 Car. II. c. 3. ss. 1, 2, be in writing, if for a term exceeding three years, or at a less rent than two-thirds improved value ; and since 8 & 9 Vict. c. 106, s. 3, where the Statute of Frauds requires writing, the later statute requu'es a deed. It must be remembered that agreements to lease even for a shorter term than thi'ee years, must be in ^ATiting by the 4th section of the statute, these being included in the phrase " Interest in Lands." What is an exchange, and how made ? An exchange is the mutual conveyance of equal interests the one in consideration of the other, and must, except in the case of copyholds, by 8 & 9 Vict. c. 106, be by deed perfected by entry, which must be made on both sides; and it must be remembered that since the 1st October, 1845, an exchange made by deed does not imply any condition at law. What is a partition, and how made ? The division of an estate held in joint-tenancy, in coparceny, or in common between the respective tenants, so that each may hold his distinctive share in severalty. By 8 & 9 Vict. c. 106, partitions of all hereditaments (not being copyhold), made after 1st October, 1845, must be made by deed. CA GUIDE TO Stephen's commentaries. What is a release, and how effected ? It is the discharge or conveyance of a man's rights in lands or tenements to another that has some former estate in possession there- in. A deed is necessary, excejit when the release operates by implica- tion of law, but no livery of seisin. The proper word is " release." Hoio may releases enure ? (1.) By enlargement of an estate should the relessee be in possession, and there be privity of estate. (2.) Passing an estate where there is privity of estate, as in case of coparceny. (3.) By passing a right, as in case of a disseisin. (4.) Extinguishments, i.e., release of the reversion. (5.) Entry and feoffment, as in the case of a release to one of two joint disseisors. What is a confirmation, and hoiv made ? The conveyance of an estate or right in esse, whereof a voidable estate is made sure, or a particular estate is increased. , The operative words are " have given, granted, ratified, approved, and confirmed." Livery of seisin is not requisite, but a deed is essential, unless the confii-mation be implied by law. What is a surrender, and how effected ? It is the yielding up of an estate for life or years to him that hath the immediate remainder or reversion wherein the particular estate may merge. The operative words are "hath sm-rendered, yielded, and granted up." There is no livery of seisin required. But a suiTcnder, by 8 & 9 Vict. c. lOG, s. 3, made after 1st October, 1845, must, unless arising by operation of law or of a copyhold interest, be by deed. What is now tJie effect of the surrender of a tease far the 2Jur- pose of renewal before the expiration of the original tenn on the imderlease .^ The underlease is, by 8 & 9 Yict. c. lOG, s. 9, kept alive, and also the remedies of the landlord, for where such an event happens after the 1st October, 1845, the estate which shall for the time CONVEYANCES AT THE COMMON LAW. 65 being confer, as against the tenant under the same lease, the next vested right to the same hereditaments shall as regards the inci- dents to, and obligations on, the reversion which would have sub- sisted, but for the sun-ender thereof, be deemed the reversion expectant on the same lease. What is an assignment ? how does it differ from a lease, and how is it made ? An assignment is the transfer or making over to another of the whole right one has in any estate, but usually in a lease for life or years. It differs from a lease in that, in the latter, a man simply gi-ants an estate less than Ms own, consequently he has the rever- sion; whereas in an assignment you part with yom' entu'e interest. The original lessee is liable on all the covenants in the original lease, even though he assign it ; but he is entitled to an indemnity from the assignee, who, m his turn, is entitled to the benefits of or liable on the covenants running with the land so long as he continues in possession. In the case of an underlease, which is where the lessor assigns for a shorter term than his own, the under- lessee is a stranger to the original landlord, because there is no privity of estate or contract. The proper operative words are " assign, transfer, and set over; " and by 8 & 9 Yict. c, 106, s. 3> an assignment of a chattel interest not being copyhold made after 1st October, 1845, is void at law unless made by deed. What is a defeazance, and in ivhat cases teas it used ? A defeazance, derived from the French word defaire, is a deed of the same antiquity as the grant, caUiug back the estate granted on certain conditions being performed; it usually occurred in mortgages, but now is very rare. State what you Jcnow of a lease and release. A lease was made usually for a year, completed by entry of the lessee, who was then in the position to accept a release of the reversion, and thus he became owner of the fee without livery of seisin. QQ GUIDE TO STEPHENS COMMENTARIES. CHAPTER XXIII. CONVEYANCES UNDER THE STATUTE OF USES. WJ/at are the methods empJoijcd for creaUnrj vses wider the statute ? (1) A feoffment to uses ; (2) covenant to stand seised ; (3) bargain and sale ; (4) lease and release ; and (5) grant to uses. At what period were the last-mentioned conveTjances drought into use? The first three before and at the date of the passing the Statute of Uses ; the other two owe their present operation to the statute. They were found universally useful in conveyancing, because the estate could be conveyed by a secret deed, by bargain and sale, or covenant to stand seised, and, as wc have before seen, these con- veyances were free from the restrictions and modifications of the Common Law. Wliat is a feoffment to uses ? Simply the ordinary feofiinent ^e have already discussed, A^■ith a further limitation to uses. Such as a feoffment to A. to the use of B. WMt is a covenant to stand seised ? It arises where a man seised of lands covenanted, in consideration of blood or marriage, that he wiU stand seised of the same to the use of some relative. It is never used in conveyancing on account of its restricted application. WJiat is a hargain and sale, and ivhat ivas its chief recom- mendation ? It is a kind of real contract, whereby the bargainor for some pecuniary consideration bargains and sells, that is, contracts to convey, the land to the bargainee, and thus becomes trustee for or seised to the use of the bargainee, and the Statute of Uses transfers the use into possession. CONVEYANCES UNDER THE STATUTE OF USES. 67 Its chief recommendation was its secrecy, for it passed an estate of freehold without hvery of seisin ; but by 27 Hen. VIII. c. 18, bargains and sales of freeholds were for the future to be by deed indented and enrolled within six months in one of the Superior Courts at Westminster, or before the Gustos Rohdorum of the county. This species of conveyance would, however, confer an estate for years without entry. No particular form of words is necessary either for a bargain and sale or a covenant to stand seised. What is a lease and release ? It consists of two parts — (1) a bargain and sale ; (2) a Common Law release. It was introduced shortly after the Statute of Enrol- ments last mentioned, because it was found it only spoke of bargains and sales of freeholds of inheritance ; consequently the lands were bargained and sold for the term of one year, and then a release of the reversion was taken ; thus doing away with the necessity of entry. 4 & 5 Vict. c. 21, however, enacted that every instrument purporting to be a release of a fi-eehold estate, and expressed to be made in pursuance of the Act, shall be as effectual as a lease and release. What is a grant to uses ? Simply a grant of corporeal hereditaments with limitations to uses. The seisin created by 8 & 9 Vict. c. lOG, and the use executed by the Statute of Uses. What are the peculiarities of conveyances under the Statute of Uses .? (1.) There must be a seisin and a use expressed or implied ; consequently the statute does not apply to leaseholds. (2.) A corporation aggregate cannot adopt them. (3.) The word heirs must be inserted ; and (4.) They apply to estates in possession, reversion, and re- mainder, and also involve the doctrine of vested and contingent remainders. What latitude is allowed to conveyames imder the Statute of Uses? (1.) A man in this way can indirectly take an estate by his ¥ 2 68 GUIDE TO STEPHENS COMMENTARIES. own conveyance and convey to someone else to the use of his wife. (2.) An estate may be made to spring up in fnturo indepen- dently of any preceding estate, by what is termed a sjiringing use, e.g., a covenant to stand seised. (3.) By means of a shifting use a fee can be limited on a fee, the second being in derogation of the first. (4.) By powers of revocation and new appointment, a man can reserve to himself, or confer on anyone else, the power of revoking or altering a grant. What are the every-day instances of powers of revocation and neiv appointment, and why are they so called? (1) Leasing ; (2) jointuring ; (3) selling and changing land into money. They are so called because new dispositions, not authorised by the conveyance, act as revocations of what is therein contained. What is the limit for an executory interest to vest so as not to infringe the law against perpetuities ? An executory use must vest during any number of existing lives in being, and twenty-one years afterwards, allowing a further period for gestation at the end of the twenty-one years. What are the principled provisions of Thellusson's Act, 39 & 40 Geo. III. c. 98 ? That income o/ property shall not be accumulated for a longer period than — (1) the hfe of the grantor, settlor, devisor, or tes- tator ; or (2) twenty-one years after his death ; or (3) during the minority of any person living or en ventre sa mbre at the death of the gTantor or testator ; or (4) during the minority of the person who if of full age would have been entitled. It must be borne in mind that there are excej)tions to this Act in cases of — (1) the produce of timber or woods ; (2) jDortions for younger childi-en ; (3) payment of debts ; and if the accumulation exceeds Thellusson's Act, it is only void for the excess so long as it does not exceed the original rule against perpetuities. CONVEYANCES BY TENANTS IN TAIL, ETC. 69 CHAPTEE XXIV. CONVEYANCES BY TENANTS IN TAIL, ETC. Having regard to the conveyances lately mentioned, hoiv far could a tenant in tail or married womaji pass their estates hj them in their simple form 1 They are only applicable to a tenaut in tail so far as leasing his estate for twenty-one years goes, and to a married woman to enable her to dispose of her separate estate. Whence arose these incapacities of conveyance, and how were they formerly removed ? The former from the statute of De Bonis, the latter, which is a personal one, from the Common Law. These incapacities w^ere formerly removed by fines and recoveries, w^hich branch of the Law has been entirely remodelled by 3 & 4 Will. lY. c. 74, the Statute for the Abolition of Fines and Recoveries^ and the substitu- tion of more simple modes of assm-ance. What ivere fines and recoveries ? Fictitious suits, both commenced in the Court of Common Pleas. The former being compromised in progress of the suit, and only barring the issue ; the latter carried on to judgment and execution, and barring reversioners and remainders. Originally actions at law for recovery of land, they were afterwards adopted as a means of transfer between friendly litigants. What icas a fine? A fine, or, as it is sometimes called, a feoffment of record, was an amicable composition or agreement of an actual or fictitious suit, whereby the estate in question was acknowledged to be in the right of one of the parties, so called because it put an end not only to the particular suit, but all others in the same matter. What tvere the pxtrts of a fine ? (1.) The vnit of covenant on which was due the Primer Seisin. 70 GUIDE TO Stephen's commentaeies. (2.) The license to argue the suit, on which was clue the Post Fine or King's Silver. (3.) The concord. (4.) The note of the fine. (5.) The foot of the fine. To which 4 Hen. lY. c. 2i, added (G) Proclamations. WJiat were the various hinds of fines ? There were four kinds, tIz : — (1.) Su)- cognizance de droit come ceo que il ad de son don, or an acknowledgment of the right of the cognizee as that which he hath of the cognizor. It was a feoff- ment of record. (2.) Sur cognizance de droit tantum, an acknowledgment of right merely. This was generally used to pass the reversionary interest of the cognizor. (3.) Sur concessit, where the cognizor, to end aU disputes, though without acknowledging any precedent, yet granted to the cognizee an estate de novo. And (4.) Sur don grant et rendre, which was a double fine, comprehending the 1st and 3rd, used to create parti- cular cmnulations of estate. What u'cre the force and effect of fines ? (1.) When levied by such as had themselves any interest in the estate, to assure the lauds in question to the cognizee by barring the respective rights of parties (even married women, the fine being levied with their husbands' consent), privies, and, when levied with proclamations, strangers, if not under any legal dis- ability. (2.) A fine levied by the tenant in tail with proclamations baiTed the issue in tail. (3.) A fine sur cognizance com ceo, if levied by a tenant in tail with or without proclamation, discontinued the entail. , (4.) The last-mentioned fine, when levied by a tenant for life, worked a forfeitiu'e, and if for a greater estate CONVEYANCES BY TENANTS IN TAIL, ETC. Tl then he was legally entitled to, destroyed the expectant contingent remainders if any. What ivas a common recovery, and Iwiv ivas it suffered ? A common recovery, as we have seen, differed fi'om a fine in that it was carried through all the stages of the suits to judgment and execution. It was commenced by an actual or fictitious suit, or action for land brought against the tenant of the fi'eehold, who thereupon Touched another who undertook to warrant the tenant's title ; l3ut upon such Touchee making default the land was recovered by judgment at law against the tenant, who in return obtained judgment against the vouchee to recover lands in equal value as recompense. Wmt was ilie effect of double and treble vouchees ? Simply to bar latent rights and interests of the tenant himself, and also distant remainders. What icere the force and effect of recoveries ? (1.) To assure lands to the recoverer by barring estates tail, and all remainders and reversions expectant thereon ; provided the tenant in tail either suffered or was vouched in such recovery. (2.) Recoveries bound married women when parties, with their husbands' consent. (3.) ^Mien sufiered by tenants for life they worked a for- feitm'e and destroyed the expectant contingent remainders. Hoiv might the uses of a fine or recover y he directed? (1.) By deeds to lead such uses, which were made previous to the levying or suffering them. (2.) Deeds to declare the uses which Avere made subsequently. How is an estate tail now barred? Under 3 & 4 Will. IV. c. 74, by a simple deed executed by the tenant in tail, and em-ollcd in the High Court of Chancery within six calendar months, the consent of the protector, where the estate tail is in remainder, being first obtained. 72 GUIDE TO STEPHENS COMMENTARIES. Whence did the idea of a protector of the settlement arise ? Why was it continued ? And ivho is 71010 tJie protector ? From the fact that a tenant in tail in remainder could not bar his entail without the consent of the person in whom the freehold was vested. The oflB.ce w^as continued because it was thought that having to obtain the consent of an older tenant would be a check on the liability of a young tenant in tail under a family settlement being influenced to bar his entail as soon as he was twenty-one. The protector is usuaUy the first tenant for life; but the settlor has power to appoint any number not exceeding three persons to be together protector of the settlement ; but it must be remem- bered that the protector must be appointed by the same settlement as the estate tail, and that his oflfice is a purely personal one, and consequently not destroyed by a transfer of the estate by which it was acquired. What estate is created if a tencmt in tail Mrs his entail tvitlwut the consent of the protector of the settlement ? A base fee : that is to say, he bars his own issue merely, and not those in reversion and remainder. Who is jn'otector in the case of a hmatic or a married woman, or a person under any other disaUlity ? In the first case, the Lord Chancellor, or other the person for the time being having, by virtue of the Queen's sign manual, the care of the persons and estates of lunatics. In the case of a married woman, her husband, unless the estate is settled to her separate use ; and in case of attainted persons, the Court of Chanceiy. How is the protector' s consent to be given? Either by the same deed barring the entail, or by a separate one to be executed at or before the execution of the former and duly enrolled. Do the provisio?is ofS tfc 4 Will IV. c. 74, as to barring, apply to equitable as well as legal estates tail ? They do ; and also to money directed to be invested in land, and when so invested settled in tail ; save that Avhere the trust THE CONVEYANCE BY DEVISE. 73 estate consists of money or leaseholds, the intended estate tail is barred by a deed of assignment merely duly enrolled. Who cannot lar their estates tail ? (1.) Tenants ex provisione viri could not formerly when that estate was in existence. (2.) Tenants of lands given l)y the Crown as a reward for public services as long as the reversion continues in the Crown. (3.) Tenants in tail after possibility of issue extinct. Hoiv does a married woman 7iow ^mss lier interest in real estate ? By deed executed with her husband's concurrence, and duly acknowledged before a judge of one of the superior courts or of a county court or two commissioners ; and a certificate of the acknowledgment, verified by affidavit, must be filed in the Common Pleas. CHAPTER XXV. THE CONVEYANCE BY DEVISE. What is a will or testament and a codicil'? The legal declaration of a man's intentions which he wills to be performed after his death. x\ codicil, derived fi-om the Latin word codiciUus, is a supplement to a will containing any addition, explanation, or revocation of the will, and executed and attested in the same manner. Trace the power of devising from the Conquest to the present time. Before the Conquest there is no doubt tliat lands were devisable by will. Naturally, on the introduction of the feudal system, there was a restriction put on the power of devising, for no estate greater than a term of years could be devised except in Kent and a few ancient bm-ghs, and some particular manors. Then came the devise of the use, until the Statute of Uses, and then the Wills Act, 74 GUIDE TO Stephen's commentaeies. 32 Hen. VIII. c. 1, explained by 34 & 35 Hen. VIII. c. 5, which allowed devises of all lands except copyholds (by reason of the alteration of temu'es by 12 Charles II. c. 24), so long as the devise was in wiiting, signed by the devisor in the presence of three or four credible witnesses. And lastly the WiUs Act, 1 Vict. c. 26, which allows all persons, except married women and infants, to dispose of aU their estate to which they are entitled at their death, including estates pur autre vie and all contingent exe- cutory and future interests, as also rights of entry; and as to the devisees, there is no restriction except as regards corporations, who take subject to the Mortmain Acts ; and the statute (1 Vict. c. 2G) includes after-acquired lands. Hoiv must a will he executed? All wiUs made on or after 1st January, 1838, must be in -^Titing and signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and the signature is to be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses are to attest and subscribe the \\'ill in the presence of the testator, though no special form of attestation is necessaiy. Previously to this statute, publication and ^vl■iting only were required by 32 Hen. VIII. c. 1, and then by the Statute of Frauds writing, signature by the testator, and three attesting witnesses at least. W7iat are the rules as to the competency of witnesses ? (1.) A will is not void on account of the incompetency of the witness to prove the execution. (2.) If any person attests the execution of the will to whom or to whose wife or husband any beneficial interest is given, the devise, &c., is void ; but the witness is com- petent to prove the mil. (3.) A creditor may attest the will without losing his rights, even though the will contains a charge for payment of debts ; and (4.) Executors are competent witnesses to a will. Previously to the above rules, the will was void for the want of proper witnesses, except so far as protected by 25 Geo. II. c. 6. THE CONVEYANCE BY DEVISE. 75 Hoiv may a will be revoked and revived ? (1.) By marriage, and in the case of a raan no birth of issue is now required; and there is an exception in favour of a power of appointment over property which would not, if unappointed, have passed to the testator's representatives. (2.) By another will or codicil duly executed. (3.) By a writing executed in the like manner as a will declaring an intention to revoke ; and (4.) Bm'ningor destroying, animo revocando. And it must be remembered that when revoked a will can only be revived (1) by re-execution ; (2) by a codicil stating an inten- tion to revive. WJiat is the effect of obliterations or alterations in a will after execution ? They have no effect unless executed almost in the same manner as an original will, i.e., the name of the testator and the attesting witnesses placed opposite them in the margin or at the foot and referred to in the attestation. Mention some cases of a latitude of construction beimj allowed in the case of wills ? (1.) A fee may be devised without words of inheritance, and a tail ^vithout words of procreation. (2.) Estates pass by mere implication in a will. (3.) Cross remainders may also be implied in wills. (4.) In case of inconsistent clauses in a will, the last prevails. (5.) A greater laxity is allowed in respect of description. State the rules for the construction oftoills ? (1.) Devises and bequests speak from death in the absence of a contrary intention. (2.) When no words of limitation are added, the whole intention of the testator passes. (3.) With a few exceptions depending upon the words of the will, trustees take the lee simple. (4.) No lapse takes place in the case of a devise or bequest to the child or other issue of the testator or of an 76 GUIDE TO STEPHENS COMMENTARIES. estate tail or ciuasi entail to a stranger, assuming issue are left at the death of the testator, and in the latter case, capable of inheriting, and such lapses now fall into the residue. (5.) General devises pass customary copyholds and leaseholds. (6.) A general devise operates as an execution of a general power of appointment. (7.) The words " dying without issue " do not as heretofore mean an indefinite failure, but only a want of issue in the lifetime or at the death of such person. Wliat is an executory devise ? Such a disposition of lands by will that no estate vests thereto at the death of the devisor, but only upon some future contin- gency without any precedent particular estate to suj^port it. How have secret conveyances and wills been guarded against in Middlesex and Yorkshire ? Save in cases of leases for twenty-one years or mider, or at rack rent with possession, unless a memorial {i.e., a precis) of a prior deed or conveyance is registered, before conveyances mider which subsequent mortgagees claim, they are void as against such subse- quent purchasers ; so also in the case of vnRa applicable to those two counties unless registered within six montlis after death. CHAPTER XXVI. CONVEYANCES BY MATTER OF RECORD. WJiat are conveyances ly matter of record, and in what cases do they arise .? They are where the sanction of some court of record is called in to substantiate and witness the transfer of real property. They are — (1) Private Acts of Parliament ; (2) Royal grants. CONVEYANCES BY MATTER OF RECORD. 77 Wliat gave rise to private Acts of Parliament ? The ingenuity of some people and the carelessness of others possibly loaded an estate with contingent remainders, resulting trusts, and springing uses, beyond the relief or reach of law or equity. The above species of assurances were consequently called in, calculated to give (by the transcendent power of Parliament) such reasonable powers or relief. How do private Acts of Parliament differ from pull ic .? (1.) They were not printed or published, like the latter, (2.) They were liable to be relieved against when obtained by fraud. (3.) Until the 4th Feb. 1851, they were not judicially noticed unless specially pleaded ; but now, by 13 & 14 Vict. c. 21, s. 7, they are, unless the contrary be expressed in the statute. WMt are Royal grants, and how are they effected'^ They are contained in charters or letters patent, and are entered on record for the dignity of the Royal person and the security of the E,oyal revenue. They apply only to a few incorjx- real hereditaments, such as dignities, offices, &c. By 14 & 15 Vict. c. 82, a warrant addressed to the Lord Chan- cellor is first prepared by the Attorney or Solicitor General, setting forth the tenor of the intended letters patent; it is then signed with the Queen's own sign-manual and countersigned by the principal Secretary of State, and afterwards sealed with her Majesty's Privy Seal. How do grants ly the Crown differ from that of a sudject? (1.) They are to be construed most favourably for the Crown. (2.) Nothing is included save the bare grant as expressed. (3.) AVliere the Crown is deceived or mistaken, or the grant is informal, it is void ab initio, the validity of the Crown grant being questioned by scire facias. (4.) Royal domains cannot be granted for a longer period than thirty-one years. 78 GUIDE TO STEPHENS COMMENTARIES. CHAPTER XXVII. COPYHOLDS. Wliat is the general nature of copyholds f (1.) They only arise in manors. (2.) They are regulated by immemorial customs of the par- ticular manor. (3.) EntaUs can only be granted by special customs, the statute De Denis not applying to copyholds. (4.) Dower and curtesy also depend upon custom, the former therein called free bench. (5.) The Statute of Uses does not apply to copyholds, but estates may be limited in future, a fee limited on a fee, and a husband may convey to his wife. (G.) Copyholds are devisable by will. What is a ceijyheldey^ strictly speaking, and snpiwsing a cepyJiold he granted te a man and the heirs of his body, thei'e leing no custom in the manor te entail, ivhat is the effect? A copyholder strictly speaking is only a tenant at will. In the event of a grant as above, as the statute De Denis does not apply to copyholds, the gi-antor will simjjly create an estate analogous to the old fee simple conditional, ffoiv does a copyhold estate differ in its incidents from a freehold one as to the estate ? (1.) A copyholder cannot commit waste, save by special custom ; neither can the lord enter for that pm-pose without the consent of the tenant. (2.) The tenant forfeits his estate by ahenations applicable to freeholds without the lord's consent, by refusing proper services or disclaimer. (3.) They are subject to quit rents, fines, (1) certain ; (2) arbitrary (by custom never allo'O'ed to exceed two years improved value), and heriots. (4.) Formerly they were not assets in the hands of the heir or COPYHOLDS. 79 devisee, neither could they be extended by elegit ; this, however, has been remedied by 3 & 4 "Will. IV. c. 104, and 1 & 2 Vict. c. 110. (5.) Assuming the lord and the tenant to possess estates of fee simple respectively in manor and copyhold, copy- holds may be enfranchised. Hoiv are fines respectively paid ly tenants in common, joint tenants, a?i(I co-parce7iers ? By tenants in common apportionably, joint tenants and co- parceners, a single fine for all ; with regard to joint tenants, the first pays a full fine, i.e., two years' value on his life ; and the second, half that ; and the third half that, and so on ad infinitum. What is a heriot, and what are the various Innds .^ A heriot, now in most manors converted into a money pay- ment, is a right of the lord, on the death or alienation of the tenant, to enter and seize the best beast or other chattel of which the tenant was the owner at his decease ; it must be remembered that it is always a personal chattel, and slioidd the tenement be divided, the heriot is necessarily multiplied. Heriots are of two kinds : (1) heriot service, due on a special reservation of a lease or grant ; (2) depend on immemorial custom. Eoiv do copyholds differ as regards title ? (1.) They are incapable of direct ahenation by any of the direct methods applicable to freeholds. (2.) A demise may be effected with the lord's consent for a term of years ; without, for one year only; and the indulgence of the lord allows alienation to any extent, under the mask of a surrender and admittance. Hovj is a surrender and admittance talcen ? Either in or out of Court, generally before the steward or his deputy, by delivering up a rod or glove which is duly accepted ; then the new tenant or surrenderee also comes into court, or before the steward or his deputy, and by the like symbol is admitted to the lands, taking the oath of fealty and payiug a fine. 80 GUIDE TO STEPHENS COMMENTARIES. W/utt is a surrender, and liow does fJie fact affect respectively the estates of surrenderor and the surrenderee ? A surrender is a manifestation of the lord's intention. The surrenderor takes the profits and discharges the services, but lie is in reality only in a position of trustee : he cannot convey the land, or charge it further than it already was. The latter can call upon the lord for admission, but until he is admitted he is a trespasser ; neither can he surrender. Wliat are the various kinds of admittance, and how do they differ? (1) On surrender ; (2) by descent. They diflFer in that the surrenderee, as we have seen, only gets an equitable estate before admission ; but the heir becomes tenant immediately on the death of his ancestor ; that is to say, he may enter, take the profits, devise, and surrender. (3) On devise. ^Yhat is the meaning of the lord holding quousque ? On death, if no one came in to be admitted, the lord, after making proclamation at three consecutive courts, might seize, until (quousque) some one did come and claim admittance. JIoiv are copyholds mortgaged ? By conditional smTcnder, i.e., upon condition the money remains unpaid at the time appointed. The mortgagee is never admitted unless he wishes to enforce his security ; and when the mortgage is paid off, a warrant of satisfaction only is entered on the Court Rolls ; no reconveyance being necessary. What is an extinguishment hy the copyhold? Where the copyhold has by any method become vested in the lord's own person, he may grant it out de novo ; but subject in every particular to the ancient customs. Can copyholds le devised ? If so, how ? Copyholds not being within the Acts of Hen. Till., the devisor made a sm-render to the use of his will, which entitled the devisee to admission. This was rendered unnecessary by 55 Geo. III. c. 192, and now copyholds are of course included in the term, real COPYHOLDS. 81 estate, by the 3rd section of 1 Vict. c. 2Q ; the devisee must, ho^'Bver, be admitted and pay his fine. IIoiv are estates tail in copijhotds harred ? It depends (1) whether tliere is a cnstoni to entail in the manor; and (2) whether the estates are legal or equitable ; if the former by surrender, if the latter by surrender or deed, subject to the consent of the protector, and to entry in the Court Rolls of the Manor, in pursuance of 3 & 4 WiU. IV. c. 74, ss. 5 — 54. How do married women jkiss their interests in copyhold estates ? It depends, again, whether the estate is legal or equitable ; if the former by surrender, if the latter by deed (in both of which her husband must join) under 3 & 4 Will. IV. c. 74, and in both cases she must be separately examined in the usual way. How have manorial hirdens and restrictions leen commuted and the tenure enforced ? By 4 & 5 Vict. c. 35 ; 6 <& 7 Vict. c. 23 ; 7 & 8 Vict. c. 55:— (1.) The rights of lords of manors to fines and heriots, rents, reliefs, and customary service, as also the lord's right to timber and minerals, were commuted by agreement into monetary payments. (2.) Com-ts of Equity may make partition of copyholds. Lords or stewards may hold customary courts, and grant lands, and admit tenants without any court, and no presentment is necessary, &c. How has the conversion into freehold been facilitated '? By enfranchisement, which by 15 & 16 Vict. c. 51, and 21 & 22 Vict. c. 94, is made compulsory at the instance of lord or tenant, the amount of compensation being awarded by tlie copyhold commissioners. The expenses are to be borne by the party requiring the enfranchisement. The land becomes freehold, but the enfr-anchisement does not affect the estates or rights of either party in any mines or minerals, or fairs, franchise or game. And it may be noticed that if the parties are sui juris and consent, a simple conveyance of the fee simple may be made by the lord to the tenant. 8^ GUIDE TO Stephen's commentaries. CHAPTER XXVIII. INCORPOREAL HEREDITAMENTS. WJuit is an iacoiyoreal hereditament in its larger sense, and hoiv are ■incorporeal hereditaments divided ? In the larger sense, it may be described as a riglit to the enjoy- ment of certain profits and advantages transmissible to heirs ; but it is more generally alluded to in the sense in which we have spoken of it in an earlier portion of this work. Incorporeal hereditaments consist of rights in aJieno solo, and are divided into (1) profits ; (2) easements. What are the various kinds of incorporeal hereditaments ? (1) Advowsons ; (2) tithes ; (3) commons ; (4) ways ; (5) watercourses ; (6) lights ; (7) olfices ; (8) dignities ; (9) franchises ; (10) corodies ; (11) premiums ; (12) annuities ; and (13) rents. What is a right of common, and ivhat are the various kinds ? It is a profit which a man hath in lands of another. There are five sorts : — • (i.) Common of pastm-e, which is either (1) appendant ; (2) appurtenant because of vicinage ; or (3) in gToss. (ii.) Common of piscary, which is a liberty in another's water. (iii.) Common of tm'bary, a liberty to dig turl on another's ground, which arises either by grant or prescription, and is either appurtenant or in gross, save in the case of a house, when it is only appurtenant, (iv.) Common of estovers, which is the right of cutting neces- sary wood for use or furniture in another's land, and is claimed either by grant or prescription, (v.) Common in the soil, which is the right of digging for coals, stone, and minerals. Define the common of pasture, and the various kinds ? It is the right of feeding one's beasts on another's lands. (1.) Common of pasture appendant is the right owners and INCORPOREAL HEREDITAMENTS. 83 occupiers of arable land holden of a manur have to turn out their commonable beasts. {'2.) Common appurtenant, which arises by grant or prescrip- tion, extends to other lordships and to other than com- monable beasts. (o.) Common because of vicinage or neighbourhood, which arises by tacit consent, is the right which the inhabi- tants of two townships lying contiguous to one another have to intercommon one with another, and to vicinage may be annexed the right to shack. (4.) Common in gi'oss or at large is annexed to a man's person, and gTanted to him and his heirs by deed, or claimed by prescription. All the above must (i.) as regards time be limited, or limited except (ii.) as to intercommon in gross, which is unlimited. What is meant hy the lord ''approving/ the tvaste ? " The right which he has under the Statute of Merton, 20 Hen. III. c. 4, to inclose so much waste as he likes against common of pasture, provided he leaves sufficient for those entitled. What is the principal Act on inclosure? and give its chief pro- visions. 8 & 9 Vict. c. 118, which in the main provides that the Inclosure Commissioners may, on the application of the person interested of one third in value of any lands, with the consent of the remainder in value and the lord in case the lands be waste, inquire and report to Parliament on the subject of the inclosure. If Parliament think fit to pass an Act, the allotment and inclosure take place by means of a valuer appointed under the superintendence of the Commis- sioners. The Act also provides for the commutation and extinguish- ment of common and other rights, and for the depositing copies of the award with the clerk of the peace and the churchwardens of the particular parish. What are rights of uwjs, and hoiv do they arise ? A right of private way is the right of passing over another man's ground. They arise (1) by grant ; (2) by prescription ; (3) by o 2 84 GUIDE TO Stephen's commentaries. custom ; the above may all be either appurtenant to some house or land or in gross ; and (4) by necessity. What are watercourses ? It is the right of a man to the flow of a stream, cither flowing through his own land, in which case he is entitled to both banks, or where one bank belongs to him and the other to his neighbour, in which latter case, unless the stream be a navigable one, each riparian owner is entitled to the stream, usq_ue ad medium filum aqim, that is, half the land covered by the stream. This right is distinguished fi'om the ordinary right of merely using water, in that in the former case the owner of the land may insist on having the course kept clear, and free from incumbrances or nuisance, which right may of course be diverted by express agree- ment between the parties, or by long usage. What is the rigid to light, and how does it arise ? The right of access of the sun's rays which a man has for his windows fi'ee and unobstructed. It arises (1) by occupancy ; (2) grant ; (3) prescription ; but until this prescriptive right is estab- lished it must be remembered that adjacent owners have equal rights. What are franchises, and what are the various Mtids ? Franchises are a royal privilege or licence by the Crown's peroga- tive subsisting in the hands of a subject ; they are held by grant or prescription. The various kinds are (i.) Fairs, markets, and ferries arising by (1) Act of Parlia- ment ; (2) royal grant ; (3) prescription, (ii.) Forest, chase, park, warren, and fishery. What is a forest? It is a grant of the assured royal right to devote a certain terri- tory to the keeping of -o-ild beasts and fowls of forest, &c., with the liberty of freely hunting and kiUing them, together with the right of protecting it, by right of the forest law. It is capable of being vested in a subject by Crown grant, and it differs from the before described incorporeal hereditaments in INCORPOREAL HEREDITAMENTS. 85 that it is a right which the owner may have either in his own lands or those of another. What is a clmse ? The franchise of keeping certain kinds of wild animals within a particular district, with the exclusive right of hunting them. When belonging to a subject it must have been created by royal grant. ^Vliat is a parh and a free icarren ? A park is simply a chase enclosed, save that you cannot have a park over another man's gi'ounds. A free warren is a franchise to have and keep certain wild beasts within the limits of a specified district. It must be granted by the Crown to a subject. Wliat is a free fishery ? It is the exclusive right of fishing in a public river or arm of the sea. It is a royal franchise held under the grant from the Cro^\Ti either express or presumed, as by prescription. The bed of the river belongs to the Crown, the fishing to the pubKc. There may be a particular right vested in a man and his heirs by pre- scription, but not any longer by royal grant being prohibited by Magna Charta. This privilege differs from common of piscary in that the latter, which only exists in private rivers, may be granted by a private person, and he has no right in the fish till caught. What are rents, and wluit are the various kinds ? Certain profits (reditus) issuing yearly out of lands and tenements corporeal. There are three kinds, viz., (1) rent service ; (2) rent- charge ; (3) rent seek. What are the chief incidents of a rent? (1.) It lies in render and not in prendre, like in corporeal hereditaments, (2.) It must be of a certain amount. (3.) Payable periodically. (4.) Out of profits of the land. (5.) It must issue out of hereditaments corporeal; and (6.) The payer must be the tenant. 86 GUIDE TO Stephen's commentaries. Point out the chief distmctions in the aiove (1.) A rent service has some corporeal sei-vice incident to it, as rent, fealty, &c., and it has as an incident a power of distress. (2.) A reut-charge is where the o\\Tier has neither fealty, seigniory, or reversion, but power to distrain. (3.) A rent seek was where no seigniory, reversion, or rights of distress existed. But by 4 Geo. II. c. 28, a right of distress is given. The two latter must be distin- guished fi'om an annuity, which is a yearly sum charged, in the person of the grantor. Are there any other kinds of rents ? There are also : — (1.) Eents of assize, which are the certain established rents of the freeholders and ancient copyholders of a manor, and cannot be departed from. Those of the free- holders were frequently called chief rents, and both are quit rents because the tenant went quit and fi'ee of all' other services. They are rent service, and hable to distress. (2.) A rack rent where the rent was near the value of the tenement ; and (3.) A fee farm rent is where an estate in fee is granted subject to a rent in fee of at least one-fourth of the value of the lands, called a " fee ftirm " because it was said to be only letting the fee simple to fann by this method. Hoio may rents be created ? Give exam^jJes. (1) The owner may gi-ant a rent out of the land ; or (2) grant the land subject to the rent. Rent-charge or rent seek arises by either of these modes ; rent service only by the latter. When and u'here is rent ^MijalJe ? At any time between sum'ise and sunset, though rent is not strictly due till midnight. In the case of a subject it is payable on the land, in the absence of any other place being reseiwed; where due to the Crown, at the Exchequer Offices, or to a receiver in INCORPOREAL HEREDITAMENTS. 87 tiie county, and as we have before seen, rent is now, since 33 & 34 Vict. c. 35, apportionable. What are the various classes of incorjwreal hereditaments, and some of their chief mcidenfs ? (i.) They are either (1) appendant, or (2) appurtenant, that is to say, they are annexed to corporeal hereditaments, in the fii'st case, either from time immemorial, in the second by grant or prescription, and (3) in gross, i.e., they exist per se, separately and independently, (ii.) Appendant and appurtenant pass with a grant of the land, whether expressly mentioned or not. (iii.) The same estates may be had in them as in corporeal hereditaments, and they are subject to the same rules of title, (iv.) They cannot pass by feoffment, but by (1) grant ; (2) reservation ; (3) custom; and lastly by (4) prescription. What is a title hy jn-escription, and how does it differ from custom ? It is where a man can show no other title to what he claims than that he and those under whom he claims have immemorially enjoyed it. It diflFers from custom therefore, in that prescription is a jjersonal usage and custom a local one. What were the common law rides ivith regard to a title Inj pre- scription .? (1.) The title is founded on actual usage. (2.) The enjoyment must have been constant and peaceable. (3.) The usage must have existed ft'om time immemorial, of which prescription a continuance of twenty years is sufficient, or otherwise than by grant or license. (4.) It must be certain aud reasonable. ^ ,/ ^ . - '-^ (5.) Either in a man and those whose estate ne hath, or in a man and his ancestors. '*' (0.) A i)i-escripti()n in a que estate nuist always be laid in him that is tenant in fee. (7.) A prescription cannot lie foi' a tiling which cannot be raised by grant. 88 GUIDE TO Stephen's commentaries. (8.) That what is to arise by matter of record cannot be pre- scribed for ; and (9.) A title by prescription does not confer that of purchaser. How have Uie imUs for prescription been modified hj statute ? By 2 & 3 Will. IV. c. 71, no right of common or other profit or benefit to be taken and enjoyed from or upon lands (except titles, rents, and services,) shall if actually enjoyed by any person claiming right thereto, without interruption for thirty years, be defeated by showing that it was first enjoyed subsequent to the era of legal memory, and if enjoyed for sixty years, the right is made absolute and indefeasible, {i.e., in cases of disability of adverse jjarty,) unless it shall appear that the same was taken and enjoyed, expressly made, or given for that purpose by deed or wi'iting. With regard to rights of way and other easements, watercourses, and the use of w^ater, the terms ai*e twenty and forty years respectively, instead of thirty and sixty, and an uninterrupted en- joyment of lights for twenty years constitutes in every case an absolute and undefeasible right to them, any local usage or custom noAvithstanding, unless it shall appear that the same was enjoyed by some consent or agrement expressly made or given by deed or writing ; and there is provision that in the case of ways and watercourses where the servient tenement shall be held for life or a term exceeding three years, the time of enjoyment dm'ing such term is excluded from the forty years in the event of the person who may be entitled in reversion resisting the claim within three years after the term determines. Hou) may incorporeal hereditaments he extingirished'? (1.) By release, implied after a disuse for twenty years. (2.) By livery of seisin, except in the case of fi-anchises ; but even here it may be eifected in case of revivor with the CroAATi or forfeiture for their misuse or nonuser. (3.) In the case of lights and watercourses by absolute abandonment. PROTECTION AGAINST INSECURE TITLES. 89 CHAPTER XXIX. PROTECTION OF PURCHASERS AND MORTGAGEES AGAINST INSECURE TITLES. What were the jjrincipal 2yrovisions of2o & 26 Vict. c. 53.? This was "An Act to facilitate the proof of title to and the con- veyance of real estates." It established an office of Land Registry, and contained pro^•isions for the official investigation of titles, and for the registration of such as appeared good and marketable. It has, however, now been superseded by the Land Transfer Act of 1875 (38 & 39 Yict. c. 87). State the 2JrincipaJ provisions of2h & 26 Vict. c. 67. This Act is intituled an Act for obtaining a declaration of title, and it does not appear to be repealed, though seldom used. It empowers every person entitled to apply for the registration of an indefeasible title under 25 & 26 Yict. c. 53, i.e., persons claiming to be entitled to land in possession for an estate in fee simiJle, (copyholds and customaryholds are excluded,) or claiming power to dispose of such estates, to apply to the Court of Chancery by petition in a summary way for a declaration of title. The title is then investigated by the Com-t, and if the Court is satisfied that such a title is shown as it would have compelled an unwilling purchaser to accept, an order is made (on the conditions in the Act mentioned) that on some day not less than three months afterwards a declaration shall be made establishing the petitioner's title, unless cause is shown to the contrary; but no such order will be made until an affidavit of production of documents has been filed, or the non-production accounted for, and that all material facts have been disclosed. A copy of the order has to be served, deposited, and affixed as directed by the Act, and advertisements of sucli fact of so depositing such order inserted in such newspapers and on such days as the Court directs. Then, if no petition has been presented within the proper time, or has been refused, the Com*t wiU make the necessary declaration. BOOK II.-PAKT 11. CHAPTER I. THINGS PERSONAL AND THE PROPERTY IN THEM. What do things personal comprise ? All goods and chattels, i.e., movables. .^^>'otected in dealing with imrties having the indicia of thepropertg "? By the Tarious provisions contained in the statutes 4 Geo. IV. c. 83, 6 Geo. IV. c. 94, and 5 & 6 Vict. c. 39, Avhich enact (1) where any person ships goods in his own name or in whose name goods are shipped by another, although only for the purposes of sale, shall be deemed the true owner as far as the consignee's secm-ity for advances goes, assuming he, i.e., the consignee, had no notice to the contrary ; (2) the consignee of the bill of lading, dock waiTant, &c., shall in like manner be considered the true owner for the purposes of a sale ; (3) that an agent for the pm-poses of sale shall also be considered as the true owner where such agent is consignee and the sale is in the usual com'se of business ; and (4) that such agent so entrusted may pledge the goods lond fide notwithstanding that the pledgee has notice that the pledgor is an agent. What is a contract of laihnent .? Bailment, from the French haiUer, to deliver, is the delivery of goods from one person to another that something may be done for the benefit of the owner or the person to whom it is dehvered, or of both ; the person who delivers the chattel is called the bailor and the person who receives it the bailee. In u'hat cases does the doctrine arise ? (1) In the case of tailors ; (2) carriers ; (3) innkeepers ; (4) agisters ; (5) pa^vnbrokers ; (G) in the bailment of goods between debtor and creditor ; (7) a delivery of goods to keep for a friend ; (8) a loan of goods gratis ; (9) a loan of goods for hire. What is cm agistment? Where a person takes in another's cattle to gi-aze, he works no improvement on them, and is only therefore liable for gi'oss neglect. TITLE BY CONTRACT. 105 What are the different degrees of rcsponsihiUfij to which laiteesare sudject ? It necessarily depends upon the nature of the bailment, (1) in the case of a bailment for the mutual benefit of the parties the bailee is liable for ordinary neglect ; (2) in the case of an un- remunerated bailee for gross neglect ; and (3) in the case of goods useful to the bailee being lent to him gratis for slight neglect ; but it must be remembered that in all the above cases the bailees are not liable for (1) robbery ; (2) the act of God ; or (3) the Queen's enemies. Wimt is ordinary neglect ? That want of diligence which men in general exert in respect to their own affairs. What yroim-ty has the lailor and the bailee resj)ectivelg in iJie goods ? The bailee's property is qualified, i.e., only so long as the bail- ment continues, the bailor having the right to recover the goods by action after such bailment has determined. Again, the bailee has a right of action against third parties for loss or injury to the goods. Wliat is a lien ? and distinguish tl/e various kinds. The right of retaining the possession of a chattel from the owner until all legal claims upon it are satisfied, as in the case of a tailor fur the cost of making the clothes. Liens are either (1) i)articular, as above, or (2) general, which is the right of retaining the chattel not only until the particular claim upon the indi>idual chattel be satisfied, but also any general balance of account which may exist between the parties, as in the case of solicitors, wharfingers, bankers, &c. What is a common innlceeper, and icliat his general Uabililg ? A common inn includes every tavern or coffee house in ^^•hich lodging is provided. The innkeeper is compelled to find reasonable and proper accommodation for his guest, assuming he is ready to pay for it, and to protect his goods from robbery, consequently he is liable for the felonious taking of the goods placed in his custody. 106 GUIDE TO STEPHENS COMMENTARIES. and he is responsible for the acts of his servants, but not for the acts of God or the Queen's enemies, nor for goods placed in a room of which his guest had the special charge, or for his guest's negli- gence, or the acts of the guest's servants. How is ilic innlccpijcr 2'>roiecied hj Statute ? Bj 20 & 27 Vict. c. 41, sect. 1, he is not liable for the loss of or injmy to goods and property except a horse or other live animal, or any gear appertaining thereto beyond £30. Except (1) when such goods have been lost, stolen, or injured through the wilful act, default, or neglect by him or any of his tenants, or (2) where such goods or property shall have been deposited expressly with the • innkeeper for safe custody, and s. 3 of the Act requires that the above section, viz. s. 1, should be exliibited in the bar or some other conspicuous part of the entrance hall to enable the innkeeper to take the benefit of the Act ; and in the case of a deposit of goods ^^•ith the innkeeper he may, if he think fit, require that the goods or property may be deposited in a box or other receptacle fastened and sealed. Has an innlceej)er any lien viwn the clothes or goods of his guests ? He has none on the clothes of his guest, neither may he detain his person, but he has a lien on his goods if within the inn. What is a common carriei', and what is his lialilitg at Common Law ? Every person who proposes to cany goods or passengers and goods for hne by a carriage by land or a iDoat or vessel by water. He warrants the safe delivery of the goods committed to him, and is only excused by the act of God and the Queen's enemies ; he is bound to receive, carry, and deliver all goods paid for, (save " specially dangerous goods," under 29 & 30 Yict. c. 69,) and he is liable for loss otherwise than that occasioned by such bad packing as amounts to gross negligence on the owner's part, and he may demand an increased rate of charge to be notified by notice affixed in his office, and customers are to l)e bound thereby without further proof of the notice having come to their knowledge. TITLE BY CONTRACT. 107 How has a carrier lij land teen protected ly statute ? Carriers by land can, however, only limit tlieir responsibility by special contracts, and not by public notice ; but they are entitled to the protection of the statute 11 Geo. IV. & 1 Will. lY. c. 08, which enacts that no carrier by land shall be liable for loss or injury to the articles specified in the schedule to the act, when the value exceeds £10 ; unless, at the time of delivery, the value and nature of the article be declared, and the increased charges, or an engagement to pay the same accepted by the person receiving the parcel. But it must be remembered that this Act does not protect the carrier from (1) the felonious acts of his servants ; or (2) the servant himself from personal negligence or misconduct. How has a carrier Inj sea or a shij)oimier been j^^'otected ly statute ? By 17 & 18 Yict. c. 104, he is protected (1) against fire, with- out his o\\Ti actual fliult or privity ; or (2) against robbing or embezzlement of gold, silver, diamonds, watches, jewels, or pre- cious stones, unless the nature and value of the articles have been inserted in the bill of lading or otherwise declared ; and by 25 & 2Q Vict. c. G3, s. 54, the owner of any sea-going ship is not answerable without his own actual fault or privity in the aggi'e- gate for more than £8 per ton of the ship's tonnage. How does a contract for Joan of money differ from a Mihnent? The identical money is not to be retm-ned but an equivalent sum Anth interest. What are the various statutes regulating the law of intei'est, and to what amounts do they respectively limit such interest ? (1.) By 37 Hen. VIII. c. 9, and 13 Eliz. c. 8, interest was limited to £10 per cent. (2.) By 21 Jac. I. c. 17, to £8 per cent. (3.) By 12 Car. II. c. 13, to £G per cent. (4.) By 12 Anne, stat. 2, c. 16, to £5 per cent. But by 18 & 19 Vict. c. 90, the laws against usury are repealed, save as regards rates of interest payable on contracts at a legal or cm-rent rate, or on debts by rule of law. 108 GUIDE TO Stephen's commentaries. What were the class of cases in which the commo)i law courts did not interfere as to the amoimt of interest to le tcihcii'? (1.) Contracts bearing interest made in a foreign country, as in cases of bottomry or respo7identia. (2.) In which the terms of the loan jeopardise the money lent, as annuities uj)on lives. What is a lottomry lojid ? It is in the nature of a mortgage of a ship, where the master borrows money to enable him to cany on his voyage, and pledges the bottom or keel of the ship, jjartem pro toto, as a secm'ity for its repayment. If the ship is lost the lender loses his money, but if not, then he recovers his principal and interest. What is meant iy the term respondentia .? Where the loan is not on the vessel but the goods or merchan- dize in it, inasmuch as it must necessarily be sold or exchanged in the course of the voyage, the borrower is only personally liable, and is said to take up his money at resjmidentia. How did the 2^ractice of imrchasimj annuities for lives affect the question of interest, and do they require inrolment'? Inasmuch as from the natm-e of the security itself, the borrow^er did not give the lender a permanent security, the question of interest w^as never considered in the light of usiuy ; while on the other hand, 18 & 19 Vict. c. 15, ss. 12, 14, require all annuities (not given by marriage settlement or will), for one or more life or lives, or for any term of years or greater estate, determinable on one or more life or lives, must be registered in the Common Pleas Office, so as to affect lands against purchasers, mortgagees, or creditors. Wlien is interest recoverable at common Imv ? When nothing is said about it, it is presumed not to have been contemplated, and is not allowed, except in mercantile securities and by the usage of trade, or W'here it is implied by the com-se of dealing between the parties ; so it is allowed on biUs of exchange, promissory notes, over-due money, bonds, &c. as damages, and TITLE BY CONTRACT. 109 judgments carry interest at 4 per cent. And hj 3 & 4 Will. IV. c. 42, s. 28, it may be awarded by the jmy, if they think fit, npon all debts or sums certain, payable at a certain time or otherwise at a rate not exceeding the current rate from the time such debts and sums were jjayable, if they be payaljle by virtue of some written instrument, or if payable other\\ase, from the time when demand of paj-ment was made in v.i'iting, i^rovided that such demand gave notice to the debtor that interest would be claimed from the date of the demand until the tune of payment. WMt is a 2)artncrshi]i, and how is it created? A contract whereby two or more persons agree to combine property, or labour, or both for the purpose of a common under- taking, and the acquisition of a common profit. It is usually created by deed, though not necessarily. Should the members exceed twenty, it is usually incorporated as a company. How is a jiartnm-shij} dissolved ? (1.) At the will of the parties. (2.) By expiration of the term. (P..) By mutual agreement. (4.) Decree of a Com-t of Equity. (.3.) By death. (G.) By bankruptcy. What authority have partners to act for each other ? As a general rule one partner has an imjjlied authority to act as agent for the others, at all events within the scope of the particular business, which, of com'se, may be rebutted by express notice, and, in some cases, the actual consent of the other partners is required, as in the case of the execution of a deed by one partner which requires the authorisation of the other partners by deed. . What is a nominal partner as opposed to a dormant partner, and how far are they respectively liahle? A nominal partner is one who, without taking any share in the profits, allows his name to remain in the business, whereas a dormant partner is one who shares in the profits but does not appear in the firm by name. 110 GUIDE TO Stephen's com^njentaries. The former is liable to all parties having no notice of the fact, and the latter, when discovered, is equally liable with the rest, but only so long as he continues connected with the business ; he is not liable for after contracts to future creditors like an ostensible partner who has not duly advertised his retirement in the Gazette. How has the law of ^^cirtnershi}) l>ccn affected hj 28 & 29 Vict. c. 8G ? (1.) The advance of money on a contract to receive a share of profit does not constitute the lender a partner. (2.) The remuneration of servants or agents by a share of the profits does not make them partners. (3.) "Widows and children being annuitants on the profits of the business are not partners. (4.) And a receipt of profits in consideration of the sale of the goodwill does not make the seller a partner. (5.) But in the case of a banki-uptcy, &c., the lender, or vendor of the goodwill will not rank with the other creditors until aU the claims have been satisfied. What is the iiroper course for partners to adojyt who have claims against one another ? To take an account in Equity and get a receiver appointed, or to obtain any other necessary remedy. What is a guarantee, and how is it affected hy Statute '? A collateral engagement to answer for the debt, default, or mis- carriage of a third iKirtg who is j)rimarily liable. The 4th sect, of the Statute of Frauds, requires that it should be in \\Titing, and signed by the party to be charged therewith, or his agent ; and 19 & 20 Yict. c. 97, enacts that it is no longer necessary that the consideration should appear on the face of the instrument. What is the eff'ect of a guatrmtee to oi'for a firm 7 By 19 & 20 Vict. c. 97, it is not binding on the guarantor if a change is made in the persons constituting the firm, in the absence of a contrary intention or necessary implication from the nature of the firm. TITLE BY CONTRACT. Ill How can sureties he cUscIiaryed from the liahiUty hij the conduct o the person to tvhom the fjuarantee has heen given ? (1.) By release of the principal's debt. (2.) By extinguishment of the debt. (3.) By extension of time of payment, (4.) By a release of one of the co-sureties. (5.) By having induced the surety to give a guarantee in reliance in and on the faith of a misrepresentation. In ivhat i^osition does a surety stand as regards repayment .? In the position of a creditor, because the law implies a promise to indemnify him principal and interest ; when, therefore, he has discharged the claim against the principal, he is entitled to pm'sue his remedy for money paid to the use of the principal, and he has also a right against any co-sureties that may exist for contributions, and can sue them for money paid to their use. WJiat are a surety's rights against a creditor whose debts lie has paid ? By 19 & 20 Vict. c. 97, s. 5, he has a right to have the creditor's secm'ities in respect of the debt assigned to him, to stand in the place of the creditor, as against the principal debtor or any co-surety. What is a hond, and what are the various Jcinds ? An obligation by deed, whereby the obligor declares himself, his heirs, executors, and administrators bound to pay a certain sum of money, which is called a simple bond, or with a condition added that if the obligor does or omits to do some particular act the obligation shall be void, or else shall remain in fall force. This is usually termed a bond with a penalty. What are the incidents of a Jjond <^ It must not contain an illegal or an innnoral condition, other- wise the whole bond is void on the ground of public policy ; but the mere fact of the condition being impossible is innnaterial, because that fact is merely attributable to stupidity, unless such impossibility has arisen fi'om the act of God, on the part of the 112 GUIDE TO STEPHENS COMAIENTARIES. obligor ; again, if the legal conditions be separable from the illegal, the latter only shall fail. What is the effect of the forfeiture of the hond ? Formerly the whole penalty was recoverable, but the Com'ts of Equity and Common Law interposed and prevented anything more than principal, interest, and costs being recoverable for the default, and in the case of an act to be performed or omitted damages merely adequate to the omission or performance; and subsequently by 8 & 9 Will. III. c. 11, amended by 15 & 16 Yict. c. 76, the jmy are to enquire into the actual amount of damage sustained, and though' judgment may be signed for the penalty, execution can only issue for the actual amount of damages. What is the distinction hetween a penalty and liquidated damages ? The penalty is where the parties are entitled to judgment and execution for the whole amount mentioned, that is to say, the penalty. Liquidated damages are those which are merely adequate to the act complained of and ascertained by the juiy, and for which only (though judgment be entered up for the larger amount) execution can issue. It must, however, be remembered that the Courts Avill interfere where damages, stated to be "liquidated," are in reality "penal" in disguise. What is a lilt of exchange ; name the various parties, and what are the different Jrinds ? An open letter of request from A. to B. desiring B. to pay a sum named therein to a third person on A.'s account. It is also called a draft. The person who WTites the bill is called the drawer; the person to whom it is ^Mitten the drawee, and after acceptance the acceptor, and the third person to whom it is payable, by endorsement or otherwise, the payee. Bills of exchange are of two kinds — (1) Inland, and (2) foreign. Distinguish between inland and foreign Bills of Exchange. An inland bill is either both di-awn and payable here or drawn TITLE BY CONTRACT. 118 in cue part and payable in any other part of the British Islands. A Ijill drawn or payable elsewhere is a foreign bill, ]V7iat is the meaning of an instrument being negotiahle 2 When the right of suing is transferable from one person to another, as if a bill is made payable to A. B., or his order, or simply to the order of A. B. In the case of a cheque, or what is in reality a bill of exchange on a banker, the document is transferable by mere delivery. Explain the following terms — (1) an indorseme7it in hlanlc or in full; (2) arriving at nuitur if g ; (3) Presentment ; (4:) Acceptance. (1.) The indorsement may be simply to A. B., and if so, he merely writes his name on the back, w^hich is termed an indorsement in blank ; should the name of the indorsee, or person to whom the bill is payable, be added, the bill is described as being indorsed in frill. (2.) When a bill is due it is said technically to have arrived at maturity. (3.) The presentment for acceptance is merely the handing it to the drawee to ^n•ite his name across as acceptor, as requii-ed by 19 «fe 20 Vict. c. 97, which is styled (4.) The acceptance. How ought a hill to be accepted? (1) Simply as mentioned in the last answer ; or (2) specially, i.e., mentionhig the place where it is to be paid, " and not else- where." What are the various stejjs to be taken to get the bill paid, and what are the several liabilities of the parties ? (1.) It must be presented for payment the day it becomes due. (2.) Notice of dishonour must be duly given, i.e., if to a party residing in the same town on the next day ; if in another by the next day's post ; or if the bill is a foreign one by the next ordinary conveyance. The relative liability of the parties is that the acceptor is primarily liable, and that the drawers and indorsers are merely I n4 GUTDE TO Stephen's commentaries. sureties, but that each prior indorser is a principal in respect of each subsequent one. Assuming IJie hill to fall due on a hanlc holiday, tvhm is it payable ? By 34 Vict. c. 17, on the next day. Assuming the drawee to refuse acceptance, in ivhat jmsition is the holder ? Simply, upon notice of non-acceptance, to charge and sue the other parties, even though the bill is not due, or to present it to the drawee at maturity. Ought hills always to he pj^esented for acceptance? Not unless the bill is payable after sight or after demand ; but it must always be presented for payment. What do you mean hy pirotesting a hill, and explain the term supra protest ? » Protesting a bill is formally stating or declaring its non-accept- ance or non-payment before a notary public. It is essential in the case of a foreign bill before proceedings can be taken on it, but not in the case of an inland one. If acceptance of a bill is refused, it may be accepted supra protest, for "the honour of" the drawer or any indorser, by a stranger, who thereby undertakes to pay the bill if the drawer or indorser do not ; this is done after the bill has been protested for dishonom", the party, for whose honour the acceptance is thus made, and all antecedent parties to the bill, being liable to the acceptor supra protest for damages incurred by his position. When should a hill accepted supra protest he presented for payment to such an acceptor ? Not until the day after it becomes due, and need not be sent away where the parties reside, in a different town till the day fol- lowing ; and in case of that day being a Sunday, G-ood Friday, &c., or a bank holida}^ then on the next day to such fast or thanksgiving day, or bank holiday. TITLE BY CONTRACT. 115 What is a jJi'omissori/ note ; how does it maijily differ from a Bill of Exchange ? It is a simple eugugemeut in writing to pay a specified sum at a limited time to a person named or his order as bearer. A promissory note has only two parties, (1) the maker; (2) the payee; but in the case of non-payment the subsequent indorsers have the same remedies against prior endorsers upon the usual notice. ^Y]^at are the peculiarities of Bills of Exchange and promissorg notes ? (1.) They are negotiable instruments; i. e., they and the right of suing are assignable. (2.) A bill drawn to order and endorsed in blank or payable to bearer, though stolen or found, is capable of transfer if land fide for value, and without notice to the transferee. (3.) The consideration is presumed until the contrary is shown. What are policies of Insurance, and ivhat are the various kinds ? Simply contracts between A. and B. that upon A.'s paying a premium equivalent to the hazard run, B. will indemnify or insure him against a particular event. They are either (1) Marine ; (2) Fire; or (3) Life policies. What are marine insurances and Ig ivlmm are theg iisualh/ iindor taken f Insurances against loss or damage by sea, and they are generally undertaken by a class of persons called underwriters, so called because each underwrites the policy for a particular amount up to which he is separately lial)le or the policy may be underwritten by a joint-stock company, or by bodies incorporated by private act or charter. Wlutt are the provisions of 28 Geo. III. c. 56, as to marine insurances, and distinguish between re-insurance and double insurance ? By the above statute the policy must contain the names of the 116 GUIDE TO Stephen's commentaries. parties interested, or the consignor or consignee, or some person residing in Great Britain who effects the insurance or gives order to the agent for that purpose. A re-insurance is simply where the insm-ed seeks to protect him- self by again insuring with somebody else, and a double insurance is where the insm'ed seeks to insure again for another amount though his loss would be fuUy covered by the first insurance. It must also be remembered that no marine insurance upon any ship or share can be made for a longer period than twelve calendar months, and by 31 & 32 Vict. c. 86, the assignee of a Marine policy may sue in his own name. What are the dangers most usually insured arjainst ? (1) Perils of the sea. (2) Capture. (3) Fire. (4) Jettisons, i.e., throwing overboard to lighten the ship. (5) Arrests. (6) Barratry of the master or mariners. The following incidents are worthy of note : (1) These insurances are effected the ship being "lost or not lost; " (2) the course of the voyage must not be deviated from ; and (3) the ship must be seaworthy. Distinguish between a total and a jxcrtial loss. The former kind explains itself, and is subdivided into (1) actual, and (2) constructive, which latter is so great as actually to amount to the former, and under which circmnstances the insured must abandon all claims to his underwriters. In the case of a partial loss the underwriter pays^^ro raid ; of course in the case of a total loss he pays in full. Distinguish between salvage and general average. Salvage is the sima paid for assisting or saving the cargo or ship when in distress, and is a charge to be borne by the under- writer. General average is a contribution which Mis on the ship, fi-eight and cargo towards recouping losses on cutting masts away or throwing cargo over board for the safety of the ship and the passengers, subject to two conditions — (1) The ship must be saved ; (:^) the goods thrown overboard nuist have been properly TITLE BY CONTRACT. 117 stowed. The contributors then fall back in their tiu'n upon the underwriters. Can iJie assignee of a lifepolkij sue in his ow7i name ? He can, by 30 & 31 Vict, c. 144 ; but it must be remembered that by 14 Geo. III. c. 48, amended by the above statute, that no insurances can be made on lives, or on any other event, in Avhich the party insming has no interest, and that the name of such interested party must be inserted. Can a wife efcci an insurance on her hiislancVs life '? She can, by the Married Women's Property Act, 1870 (33 & 34 Vict. c. 93), for her separate use, and a married man may effect an assurance on his o^\'n life for the benefit of his wife, which wiU be held for her separate use and free from his debts, &c. Under what circwnsiances will ajn-emitmi he refunded? "Wlien the contract becomes void ab initio from a cause on the part of the insured which docs not amount to an actual fi-aud. What is a charter parti/ ? An agreement for the hire of the whole (or part of a genej-al) ship for the conveyance of goods at a certain fi-eight ; that is, a specified payment per ton or so much per month. It may be either under seal or not, and in the case of a general ship a bill of lading is usually executed and not a charter party. What are lay and runnimj days, and explain the term demurrage 7 The days for loading and unloading a vessel in the docks ; demurrage is the amount which has to be paid in the shape of a fine per day for the time the charterer detains the vessel beyond her proper lay and running days. What is meant hj the term freight ijayabte pro rata, itiueris ? It is where the shipowner carries the goods a portion of the voyage, fi-om which the charterer derives a certain lienefit, fi'eight consequently is payable j>ro rata on an implied contract. 118 GUIDE TO Stephen's commentaries. What is a debt as opijosecl to damages, and ivhat are, the various kinds ? A debt is a certain sum of money owinp; from one man to another as opposed to a claim for damages, it is consequently an ascertained sum : Avhereas a claim for damages is unliquidated. Debts are : (1) upon simple contracts ; (2) specialties, i.e., deeds ; (o) of record, i.e., judgments, recognizances, &c. CHAPTER VI. TITLE BY BANKRUPTCY. ^VJlat statutes were the foundation of the Law of Eankruptcy ? 34 & 35 Hen. YIII. c. 4, 13 Eliz. c. 7, 4 Ai\\\&, c. 17, repealed by 6 Geo. IV. c. in, which was subsequently repealed, and the law consolidated by 1 & 2 Will. lY. c. 50, and again by 5 & 6 Yict. c. 122. The recent Bankruptcy Act, 32 & 33 Yict. c. 71, (the Act of 1869) now governs the proceedings, and 32 & 33 Yict. e. %-2 (the Debtors Act, 18G9). The Acts relating to the old practice are all repealed by the Banki-uptcy Repeal, and the Insol- vent Court Act, 32 & 33 Yict. c. 83, except as to matters pending before the commencement of the Act. Who is eajMble of beconwig a banJcrupt ? All debtors, whether traders or non-traders. The former may be defined as a person owing another a liquidated sum either at law or in equity. Traders are the various persons specified in the first schedule to the Act, and may generally be defined as persons using the trade of merchandise by way of bargaining, exchange, bartering^ or commission, consignment or otherwise, in gross or retail, and persons who, either for themselves or as agents or factors for others, make their living ]jy buying and selling, or buying or letting for hire, goods or commodities, or by the workmanship or conversion of goods or commodities. TITLE BY BANKKUrTCY. 119 It might be mentioned that stockholders are included in the Act. Sppcify the several j^cr sons ivlio m-e parficularli/ exempted from the dejimtion of the term trader under the Act. A farmer, grazier, common labourer, or workman for hire, and a member of any partnership association or company which cannot be adjudged a bankrupt under the Act, i.e., when such company is corporate or registered under the Companies Act, 1862. What constitutes a trading ? To bring a person under the description of a trader for "buying and selling " there must be a purchasing and buying with tlie intention and object of selling, or in other words there must be a selling for purposes of profit or gaining a livelihood. Can a married ivoman or an infant be made bankrupt? Only when she carries on business of a sole trader by the custom of the City of London, or in respect of property of her own under the Married Woman's Property Act, 1870. Infants cannot be made bankrupt because they cannot trade, but privilege of parlia- ment is abolished, and aliens, denizens and naturalized persons may be made bankrupts. Describe the various acts of banlrriiptcy. The following are applicable to traders and ncm-tradcrs. (1.) In England or elsewhere making a conveyance or assign- ment to trustees for the benefit of creditors generally. (2.) In England or elsewhere making a fraudulent conveyance, gift, deli^-ery, or transfer of property, or any part thereof. (3.) With intent to defeat or delay his creditors, departing out of England ; being out of England, remaining out of England. (4.) Filing a declaration of insolvency. (5.) Ser^-icc of a debtor summons for £50, and neglect to pay, secure and compound the same, in the case of a trader, for seven days, and in the case of a non-trader for three weeks after ser\ice. ]20 GUIDE TO STEPHENS COMMENTARIES. The following are applicable to traders only : — (1.) Departing from his dwelling house, or otherwise absenting himself, with intent to defeat and delay his creditors. (2.) Beginning to keep house or suffering himself to be out- lawed. (3.) Suffer an execution to be levied by seizure and sale for a debt not less than £50. After what lapse of time from the commissmi of the Act of Bank- ruptcy does a deitor cease to be liable to be made banJcriqd ? Six months after the presentation of the petition. Sfcde in general terms the purport of l^ Eliz. c. 5 ivith regard to fraudulent transfers. The settlement must not be made by a person in insolvent cir- cumstances or with a view to insolvency ; consequently, it would be good if the settlor were in solvent circumstances at the time (but see Ex parte Stephens in re Pearson, 3 Ch. Div. 807.) State the practical mode of proceeding to obtain an adjudication in bankruptcy. By petition served on the debtor verified by affidavit. On the hearing the petitioning creditor must prove his debt, also the trading if necessary, and the act of bankruptcy. The Court, if satisfied with the proof, will adjudge the debtor a banki'upt, which adjudication is duly published in the London Gazette, and such other paper or papers as may be prescribed, and the produc- tion of the Gazette is evidence of the bankruptcy. What must be the amount of the debt of a single petitioning creditor or the aggregate amount of two or more creditors to support a petition ? £50. How is a petitioning creditors debt defined in the Act, and what judicial inter p)retat ion has been pid on that definition ? It must be a liquidated sum due at law or in equity, and a debt on which an adjudication in bankruptcy is founded must be a debt which existed at the time of the Act of Bankruptcy, and TITLK BY BANKRUPTCY. 121 not payable in futuro {Ex parte Hayward in re Hay ward, L. R. 6 Chan. App. 546.) What power of discovery lias the court as to a lankruptf s property after tJie order of cidjiidication ? That of summoning before it the bankrupt or his wife, or any person known or suspected to have in his possession any of the estate of the bankrupt, or supposed to be indebted to him, or any other person capable of giving information as to the banla-upt, his dealings or property ; and if he refuses after having had a reasonable sum tendered to him, he may be apprehended and brought up for examination either upon oath or by written interrogatives. Describe tJie course of procedure at a first meetiny of creditors under an order of adjudication. Ten days' notice of the meeting must be first given in the London Gazette, or in a local paper as the case may be, at which the creditors by resolution appoint a trustee, settle on his security, appoint a committee of inspection, and give directions as to the administration of the property by the trustee, and the bankrupt produces a statement of his affairs. In whom does the property vest after adjudication ? In the registrar of the Court until a trustee is appointed, and then in the trustee. State when and how creditors nuiy prove their debts. Either at the first or any other duly summoned meeting of creditors, or any time before the meeting, by delivering or sending through the post in a prepaid letter to the registrar before the appointment of the trustee, and afterwards to such trustee, an affidavit according to the form in the schedule to the rules, and no creditor can vote at any meeting until such pi-oof be made. What are the duties of the creditors trustee ? His duties are (1) to summon meetings ; (2) to consult the committee of inspection ; (3) to declare and distribute dividends ; IZi GUIDE TO Stephen's commentaries. (4) to transmit his statements to the comptroller ; (5) pay over all moneys ; (G) report to the Com't when all the banki'upt's property has been realized. What are some of the powers of tlie creditor's trustee ? (1.) To receive proof of debts. (2.) To carry on the business of the bankrupt. (3.) To bring and defend actions. (4.) To deal with the bankrupt's entailed property. (5.) To execute powers of attorney, deeds, and other in- struments. (6.) To sell the bankrupt's property. (7.) To give receipts. (8.) To prove debts, di'aw dividends, and appoint the banlcrupt himself to superintend the management of the property. When does the court puMklij examine the hanhru}^ on his state- ment of affairs ? On any day within forty days fi'om the date of the first meeting, of which notice is duly given in the London Gazette and any other papers the Coiu't may direct, such day being of com-se subject to adjournments. The bankrupt mast attend and make an affidavit as to the truth of his statement, and that he has justly and truly discovered all his estate, that he has delivered all the same over to the trustee, and that none has fraudulently been removed, concealed, or destroyed. Bij the provisions of the Dedtors' Act, 18G9, a hankrupt mmj render himsetf liahtefor a misdemeanm' at common Imo. State some of the offences which irouJd le so considered, and what 2Ji(nishment woidd he awarded to him. (1.) Xon-discovery of property and its dispositions. (•2.) Non-delivery to his trustee of such parts of his property as are in his custody or control. (3.) Non-deliveiy of all books, &c., which relate to his affairs. (4.) After the presentation of a bankruptcy petition against him, or within four months next before the same, concealing any part of the property to the value of £10 or upwards, or of debts due to him. TITLE BY BANKRUPTCY. 123 (5.) Within the same period removing property of the same vahie. (6.) Making any material omission, in any statement relative to his affairs, &c., &c. The presentation in the above cases if done with intent to defi'aud is imprisonment for two years with or -without hard labom-. Mention some other offences which are also misdemeanors and for U'hich he is, on conviction, only liaUefm- a ijeafs imjn-isonment, with or tvithout hard latour. If with intent to defeat his creditors he shall (1) obtain credit by false pretences or by means of any other fraud ; (2) making any gift, delivery or transfer of, or any charge on his property ; (3) concealing or removing part of his property since or Avithin two months before the date of any unsatisfied judgment or order for pajinent of money obtained against hun. 3Ienfion in what case a Mnlcnqyt may he guilty of felony, and ivhatis the punishment. Absconding fom- months before the presentation of the petition, or after such presentation, with property to the amomit of £20 or upwards, which ought by law to be divided amongst his creditors. The punishment is imprisonment for any term not exceeding two years with or without hard labour. When and under ivhat circvmsfances is a hanJrrnpt entitled to an order of discliwge ? By sect. 48, at the close of the bankruptcy or at any time during its continuance, with the assent of the creditors testified by a special resolution. The bankrupt is not entitled to it miless (1) either that a di^•i- dend of not less than lOs. in the £ has been paid out of his property, or might have been paid except through tlie negligence or fraud of the trustee ; or (2) that a special resolution of his creditors has been passed to the effect that his bankruptcy or the failure to pay 10s. in the £, in their opinion arose from circumstances for which he cannot be held responsible, and that ^hey desire that an order of discharge should be granted to him. 124 GUIDE TO Stephen's commentaries. Are there an?/ debts or liahiUtios of a hanlcrupt for ichkh an order of discharge will not release him ? (1.) Those incurred by fraud or breach of trust, or av hereof he has obtained forbearance by means of fraud. (2.) Debts due to the Crown. (3.) Debts incuiTed by any offence against statutes relating to the revenue, or on bail bonds entered into by him for the appearance of any person charged therewith, unless discharged by the Treasury Conunissioners in Am ting. Under what circumstances may the Court susjiend or tvithhold the order of discharge ? (1.) If the Com-t is satisfied by special resolution or other evidence that the bankrupt has not given up his property. (2.) That he has been prosecuted under the Debtor's Act, 18G9. What is the status of an uncertificated bankrupt ? No portion of a debt proveable under the bankruptcy is en- forceable against the banki'upt's property until the expiration of three years from the close of the bankruptcy, and if during that thne he pay to his creditors such additional sum as will, together with the dividend paid under his bankruptcy, make up 10s. in the £, he is entitled to an order of discharge ; otherwise, any balance remaining unpaid in respect of any debt proved under the bankruptcy (without interest), shall be deemed an existing debt in the nature of a judgment debt, and may be enforced as such. State generally what property is divisible among the bu)iJcri/pt's creditors. (1.) All such property as maybe vested in the bankrupt at the commencement of the bankruptcy, or which may be acquired by or devolve on him during its con- tinuance. (2.) The capacity to exercise or take proceedings for exer- cising all powers over property which might be exercised by the bankrupt for his own benefit at the TITLE BY BANKRUPTCY. 125 commencement of his bankruptcy or during its continuance. (3.) All goods and chattels at the commencement of the banki'uptcy in the possession, order, or disposition of the banki'upt, being a trader, by the consent and per- mission of the true owner, of which goods and chattels the bankrupt is reputed owner, or of which he has taken upon himself the sale or disposition as owner. WMf properfi/ of the hankrupt does not devolve upon the trustee for division amongst the creditors ? (1.) Trust property. (2.) Trade tools, necessary wearing apparel and bedding for his wife and children, to the value of £20 inclusive. (3.) The right of nomination to a vacant ecclesiastical benefice. (•4.) Property earned after the commencement of the bank- ruptcy by personal labour. (5.) A right of action for a personal wrong. (6.) Offices which cannot be legally sold. And (7.) Pay or half-pay under the Crown. By what means can the trustee of the estate relieve it of property which is onerous, and to ivhat class of piroperty do his jjoivers in this resp)ect extend ? He may by ^^Titing disclaim such property, and upon the execution of such disclaimer the property disclaimed, if a contract, shall be deemed to be determined; if a lease, to have been sur- rendered ; and if shares, forfeited from the date of the adjudication ; and if any other species of property it reverts to the person entitled on the determination of the estate or interest of the bankruptcy; if no such person be in existence the estate or interest is to remain in the bankrupt. And any person injured by the disclaimer is a creditor, and may prove to the extent of his injury. An adjudication heiny made, to ivhat date sltall it he deemed to have relation ? The time of the act of bankruptcy being completed on which 126 GUIDE TO Stephen's commentaries. the order of adjudication is made, or if more acts of bankrnptcj' than one, it relates back to the time of the first of the acts of bankruptcy, proved to have been committed within twelve months next preceding the order of adjudication. Can any transactions he entered into with the l>anJcriq)t which are protected against the title of the trustee ? (1.) Payments made londflde and for value to such bankrupt ; (2.) Payments or delivery of money or goods belonging to the bankrupt and made to him ; (3.) Contracts or dealings with the bankrupt made hond fide and for value, assuming that the above are made before the date of the order of adjudication, and without notice of any act of bankrupcy. Are there any transactions entered into 1)1/, or in relation to, the p-operty of the lanhrvpt that are protected against the trustee ? (1.) Dispositions or contracts with respect to the disposition of property by conveyance, transfer, charge, delivery of goods, payment of money, or otherwise made by any bankrupt hond fide or for value ; (2.) Any execution or attachment against the land of the bankrupt executed in good faith by seizure ; (3.) Any execution or attachment against the goods of any bankrupt executed in good faith by seizure and sale, provided the above are made before date of adjudication, and without notice of an act of bankruptcy. Wlmt is a fraudulent preference, and is it an act of lanlc- ruptcy ? Any conveyance or transfer of property, or any act done by any person unable to pay his debts, with a view of giving any particular creditor a preference over his other creditors, provided the same be done voluntarily and without pressure on the part of the creditor. It is an act of banki'uptcy, and if such person become bankrupt within three months after date, it is deemed fraudulent and void as against the trustee. But it is not to affect the rights of hond fide pm-chasers, payees, or incumbrancers for value. TITLE BY BANKRUPTCY. 127 W/te7i is Oie trustee in hayilrvptcy entitled to the proceeds of sale of goods seized and sold by the sheriff under an execution Jjefore the presentation of the petition of lanicrupAcy .? Where the bankrupt is a trader and the debt exceeds £50, and notice is served within fourteen days after the sale upon the sheriff of the presentation of a banla-uptcy petition. WJiat are tJie p)rovisions of the Banhruptcy Act, 1869, as regards voluntary settlements, and are different classes oj persons differently effected by those provisions ? Any voluntary settlement of property made by a trader, with the exception of a settlement made on or for his wife or children, of property which has accrued to him after marriage in right of his wife, shall, if the settlor become banki-upt within two years after the date of such settlement, be void as against the tnistee of the bankrupt's estate appointed mider the Act ; and if the settlor becomes banki-upt at any subsequent time within ten years after the date of such settlement, it is also to be void as against such trustee, unless the parties claiming thereunder can prove that the settlor was at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement. Can trustees of a marriage settlement p)^'Ove in a husband's estate in respect of his covemmt to bring money into settlement after marriage '? No they cannot, if a trader, because section 91 of the Act expressly enacts that any covenant or contract made by a trader in con- sideration of marriage for the future settlements upon or for his wife or children of any money or property in which he had not at the date of his marriage any estate or interest, and not being money or property of, or in right of his wife, shall upon his becoming bankrupt (before such property or money has been actually trans- ferred or paid pursuant to such contract or covenant) be void as against the trustee. (But see hereon, Ex parte Bishop in re Tonnes, 8 Chan. 718.) To whom must the trustee render an account, and ivhen ? He has to call a meeting of the committee of inspection once at least every three months, when they audit his accounts and 128 GUIDE TO STEPHENS COMMENTARIES. determine whether any and what dividend is to be paid, then forth- with, after the audit, he forwards the certified statements to the Comptroller in Bankruptcy adding his certificate that it is the copy certified by the committee. He also forwards an office copy of the statement of affairs filed by the bankrupt, showing therein, in red ink, the difference between the sums stated by the bankrupt and the sum realised or estimated by the trustee to be realised, and states the reason why any property not realised has not been realised. What is the creditors' trustee to do ivith all moneys coming to his Jm/ids, mid hoiv long lyiay he Tceep more than £50 in his hands without incurring any liability of iiiterest 7 He pays all sums received by him from time to time into such bank as the majority of creditors, in numfjer and value, appoint, and, failing appointment, into the Bank of England, and he must not keep more than £50 in his hands more than ten days, other- wise he is liable to (1) interest at £20 per cent. ; (2) to be dis- missed by the Court on the application of any creditor without remuneration. How are the debts paid in banlcruptcy f Pari passu and rateably; that is all debts, both legal and equitable, are on an equality as also specialties and simple con- tracts, and they must all abate in proportion to the amount of the dividend declared. Are there any excep)tions to the last mentimied rule ? (1.) A secm-ed creditor either gives up his secm'ity and proves for his debt or he retains it, and after realising it or giving credit for the value proves for the deficiency. (2.) A landlord may distrain after the banki'uptcy for one year's rent accrued, due prior to the order of adjudica- tion and proves for the ovei'plus. The following debts have priority : — (3.) Parochial and other local rates. (4.) Assessed taxes, land tax, and property or income tax not exceeding in the whole one year's assessment. TITLE BY BANKRUPTCY. 129 (5.) All wages and a salary of any clerk or tenant at tlu; date of the adjudication not exceeding iour months and not exceeding £50. (().) All wages of any labourer or workman in like manner not exceeding two months. What kind of debts are provable under a banh-uptcij ? A " debt provable in bankrui^tcy " shall include any debt or liability by the act made provable in bankruptcy. Demands in the nature of vnliquidated damages arising otherwise than by reason of a contract or promise, are not provable, and no persons with notice of the act of bankruptcy can prove for debts subsequent to the date of the notice. Otherwise all debts and liabilities, present or future, certain or contingent, due at the date of the adjudication or during the contingency of the bankruptcy, by reason of any obligation incurred previously to the date of the order of adjudication, are deemed debts "provable in bankruptcy," subject in the case of such contingent debts or others, not bearing a certain value, to an estimate to be made according to the rules of the Court, i.e., by the trustee or the Court, with or without a Define the term liabilUij as made use of in the Act. Any compensation for work or labour done ; any obligation or possibility of an obligation to pay money or money's worth on the breach of any express or implied covenant, &c., whether such breach does or does not occur, or is or is not likely to occur before the close of the bankruptcy, and generally it includes any express or Implied engagement or undertaking to pay money or money's worth, whether the amount be fixed or unliquidated, present or future, certain or dependent on contingency, capable of being ascertained by fixed rules, or assessed only by a jury, or as a matter of opinion. By u'hat means other than banln'nptcu can a debtor obtain a discharrje from his debts ? (1) By liquidation by arrangement, aiul (2) by composition with creditors. 130 C4UIDE TO STEPHENS COMMENTAPJES. What is Uie mode of lyrorecilhig to he adopted l>ji a debtor who is desirous tliat his affairs should be adjusted hij tiquidatimi Inj arrange- ment, or t)y compositioji ? He should present a petition either to the London or a proper local Court, stating that he cannot pay his debts, and that he wishes to hquidate by arrangement or composition, whereupon a general meeting of his creditors will be summoned (within one month after the presentation of the petition), who may, by special resolution, i.e., a majority in number and three-fourths in value, present personally or by proxy, determine whether the affairs of the banki-upt shall be liquidated by arrangement or in bank- ruptcy, or may reject such proposition. If the resolution is passed to liquidate, a trustee is appointed with or without a committee of inspection. The bankruptcy proceeds in the ordinary way, but he discharge is granted by the special resolution of the creditors and not by the Court. If a composition is accepted it must be duly registered, other- wise it is invalid, and when registered it binds all the creditors in the bankrupt's statement produced at the first meeting but not the others. CHAPTER VII. TITLE BY WILL AND ADMINISTRATION. How Jong have testaments suhsisted in England ? From time immemorial, whereby the deceased was at liberty to dispose of his personalty, reserving anciently to his wife and chikken their reasonable jMrt of his effects. 2'o whom did the goods of intestates belong ? Anciently to the king, who granted them to prelates to be disposed in pious uses; but on abuse of this trust in the times of popery the legislature compelled them to delegate their power to administrators expressly provided by the law, who in pursuance TITLE BY WILL AND ADMINISTRATION. 131 of the statute 31 Edward III. c. 11 were the next and most lawful friends of the deceased, i.e., next of blood not under dis- ability; and by 21 Hen. VIII. c. 5, administration might be gi'anted to the widows or the next of Idn or both, with a power of choosing any one of two or more kindred of the same degree. State generaUy the jurisdiction conferred hy the Court of Probate Act, 1857 (20 and from him to his grandson and heir, George III.; from George III. to George IV., who dying without issue was succeeded by Wilham IV., third son of George III., his second son, Frederick Augustus, Duke of York, having previously died without lawful issue; on the death of Wilham IV. the crown descended to the only child of Edward, Duke of Kent, fom-th son of George III., om- present sovereign Queen Victoria. What may he collected from the last answer f (1.) That the crown is not absolutely hereditary. (2.) That the common stock is subject to variation, as in the cases of Egbert, William the Conqueror, and the Princess Sophia. (3.) Formerly the descent was absolute; now, by means of the new settlement it is conditional, as it is hniited to such heirs only of the body of the Princess Sophia as ai-e Protestants, and are married to Protestants. THE ROYAL FAMILY. 109 CHAPTER III. THE ROYAL FAMILY. Assuming a female to sit on the throne, how ivould she he stijlecl ;? (1) Queen regnant, or sovereign with all the powers, &c. of a sovereign; (2) Queen Consort (the wife of the reigning monarch) enjoying peculiar prerogatives, such as being able to pni'chase lands, convey them, grant leases, &c., take a grant from the King, sue and be sued alone, have a separate property in goods as well as lands, and dispose of them by will; and is generally looked upon as a ferae sole and not a feme covert; and (3) a Queen Dowager, who is the widow of the King, enjoying most of the privileges of a Queen Consort, and although the succession to the crown is not endangered in her person, no one can marry her without licence from the crown on pain of forfeiture. WJiat do you hioiv of the title and estate of the Prince of Wales ? He is heir apparent to the crown, and he, his royal consort, and the princess royal his sister, are people peculiarly regarded by statute. He is usually made Earl of Chester by letters patent, and he is by inheritance Duke of Cornwall. Sj)edfij the councils of the sovereign. (1) The Parliament; (2) the peers, who are hereditary councillors of the crown by birth; (3) the judges, councillors in matters of law; (4) the Privy Council, which is the principal council. Of hoio many members of the privy council does the cahinet consist, and explain tlieir duties .? It consists of fifteen members wlien all the appointments are filled, each of its members consisting of one of the principal officers of State, called together for the government of the country, and in times of general exigency, their acts being subject to the sovereign's approval. Amongst its ordinary members we find (1) the First Lord of the Treasury; (2) the Lord Chancellor; (3) the Chancellor of the Exchequer; (4) the Lord President of the Council; 170 GUIDE TO Stephen's commentaries. (5) the Lord Privy Seal; (6) the First Lord of the Admiralty; and the five principal Secretaries of State. How areinmj coimciUors appointed, and U'liat are th&ir duties'? They are appointed at the nomination merely of the sovereign, and take the necessaiy oaths; they are appointed for the life of the sovereign, but are subject to removal at pleasure. The members have also to inquire into oifences against the government, and commit the oflFenders for trial, and in certain cases the judicial powers of a court of justice, viz. (1) in colonial causes; (2) appeals fi'om the Ecclesiastical or Maritime Courts; (3) in cases of patents and inventions, for a prolongation ; and (4) in copyright cases, which duties are exercised by the Judicial Committee of the Pri^■y Council. Specify the members of the judicial committee. (1) The Lord Chancellor; (2) the Lords Justices of Appeal; (3) other members of the Privy Council who have held offices as enumerated in the Acts or shall be appointed by the Crown; and (4) by 34 & 35 Vict. c. 91, her Majesty has power to appoint four additional judges, each of Mhom has been a judge of the sui:terior courts at Westminster, or of Bengal, Madras, or Bombay. Hoiv can the privy council le dissolved? (1.) At the sovereign's pleasure. (2.) By the sovereign's demise. But by 6 Anne, c. 7, the Privy Council continues for six months after the demise of the sovereign, unless sooner determined by the successor. THE ROYAL PREROGATIVE. 171 CHAPTER IV. THE ROYAL PREROGATIVE. What is meant hi/ the word prerogative? That special power and pre-eminence which the sovereign has above all other persons, and ont of the ordinary course of law in right of his regal dignity. Mention the ^^rinciiml statutes hy ivhich our tiberties have been asserted. (1.) The great charter of King John. (2.) The Conftrmatio Gliartarum (25 Edward I.). (3.) The Petition of Eights (3 Car. I.). (4.) The Habeas Corpus Act. (5.) The Bill of Rights (1 W. & M., St. 2, c. 2); and (6.) The Act of Settlements, 12 & 13 WUL III. ^Yha^ are the two hinds of iwerogatives ? (i.) Direct, which may be either (1) as regards the royal character; (2) authority; (3) income; (ii.) By way of exception. What are the attributes of direct prerogatives in regard to the royal character 1 (1.) Of sovereignty or pre-eminence. (2.) The king can do no wrong. Wliat consists in prerogative ? The executive power of government. In foreign concerns what jirerogat ire has the sovereign? As representative of the nation: — (1.) Of sending and receiving ambassadors. (2.) Of making treaties and alliances with ftrcign states and princes. (3.) Of proclaiming war or peace. 17^ GUIDE TO Stephen's commentaries. (i.) Of issuing letters of nmrque and rei^risals upon due demand. (5.) Of granting safe conducts. In domestic affairs what is the character of the sovereign ? (i.) As a constituent part of the supreme legislative power he can reject such Parliamentary provisions as he considers inexpedient, (ii.) As the first in military command in the kingdom he can (1) raise and regulate fleets and armies; (2) build forts; (3) appoint ports and havens; (4) erect beacons, lighthouses, and sea marks (a power now vested in the Trinity House) ; (5) forbid the importa- tion and exportation of military stores and arms; and (6) confine his subjects within the realm or recall them from foreign parts, (iii.) As the Fountain of Justice and general Conservator of peace of the Kingdom, he may consequently (1) pro- secute offenders; (2) pardon crimes; (3) issue procla- mations, (iv.) As pare?is patrm he is invested originally with the care of infants, idiots, and lunatics, which he subsequently delegated to his Lord Chancellor as Keeper of his Conscience, (v.) As the Fountain of Honour, office, and privilege he has (1) the sole power of conferring dignities and honours; (2) the erecting and disposing of offices; (3) of conferring privileges upon private persons, (vi.) As the arbiter of domestic commerce he is entitled to (1) the erection of public marts; (2) the regulation of weights and measures; (3) the coinage or the legiti- mation of money; and (vii.) As the Supreme Head of the Church, the sovereign (1) regulates and dissolves synods; (2) nominates bishops; and (3) receives appeals in all ecclesiastical causes which were brought liefore the Crown in council, and heard before the judicial committee, or now may be heard before the Court of Appeal under the Judicature Act. THE ROYAL REVENUE. 173 CHAPTER V. THE ROYAL REVENUE. Of what different hinds is the sovereiyn's revenue ? It is either (i.) ordinary, or (ii.) extraordinary; and the ordinal y is (1) ecclesiastical, and (2) temporal. What does the sovereign's ecclesiastical revenue cojisist of? (1.) The custody of temporalities of vacant bishoprics. (2.) The first fruits and tenths of benefices. What does the sovereign's orditiarg temporal revenue consist of? (1.) The rents and profits of the demesne lands of the Crown. (2.) The hereditary excise, being part of the consideration for the purchase of the sovereign's feodal profits, and the prerogatives of purveyance and pre-emption. (3.) An excise duty on all beer and ale and other liquors sold in the kingdom, being the residue of the same con- sideration. (4.) The profits arising fi'om forests. (5.) From the Courts of Justice. (6.) The Royal Fish, wrecks, treasure trove, waifs and estrays, including in the word wreck under certain circum- stances y(?^s«m,y?ofeam and liga7i. (7.) The royal mines. (8 and 9.) Profits arising fi-om escheats, and the custody of idiots. Wliat did the sovereign's extraordinary revenue formerly consist of? (1) Aids; (2) subsidies, and (3) suppHes, now arrived at by taxation, and granted by the Commons in Parliament. WMt are tJie taxes now imposed ly law ? (i.) The land tax in the place of the subsidies on persons in respect of property by tenths or fifteenths. It is raised 174. GUIDE TO Stephen's commentaries. by charging a particular sum upon each county in pur- suance of the vahiation of 1G92, which sum is again assessed and raised upon individuals by Commissioners; it is peipetual and liable to redemption. (ii.) The customs, or the tonnage, or poundage of all merchandise exported or imported. The duties on exports were said to arise because the sovereign (1) gave the subject leave to go out of the country and take his goods, and (2) because he had to keep up the ports, &c., and protect the merchant from pirates. (iii.) The excise duty or inland imposition on a great variety of commodities. (iv.) The post office or duty for carriage of letters. (v.) The stamp duty on paper and parchment, documents, &c. (vi.) The duties upon offices and pensions. It must be remembered that all the above are permanent taxes. What is the Income Tax "? It is a tax arising from yearly profits, arising from property, professions, trades, and offices. It was reimposed by Sir Eobert Peel in 1842 for three years, and has been continued (varying in amount) by numerous statutes, of which the last is 31 & 32 Yict. cc. 2 & 28. For ivluit purjjose is this revenue applied? Part of it is applied to pay the interest of the national debt till the principal is discharged by Parliament, which consists of a debt in part frmded, and in part unfunded, the former secm'ed on the public funds, and the latter on exchequer bills and bonds. WJiat IV ere the produce of these several taxes ? Originally separate and specific ftmds to answer specific loans upon their respective credits which were formerly consolidated by Parliament into three principal funds; (1) the aggregate; (2) the general; and (3) the South Sea Funds; and these ft;nds were again in 1787 aU included in one called the Consolidated Funds, since combined with that of Ireland, forming the Consolidated Fund of the United Kingdom. THE ROYAL FORCES. 175 Wutt becomes of any surplus of f lie Fund ? After paying the interest on the national debt it is carried to the credit of the Commissioners for the reduction of the national debt; and unless otherwise appropriated by Parliament, is annually to be appHed towards that object, assuming it be not required to make up any deficiencies in the civil list, which is the immediate and proper revenue of the Crown, settled by Parliament on the sove- reign's accession, for defraying the charges of civil government. CHAPTER VI. THE ROYAL FORCES. Of wlmt does the military state consist ? (1.) Of the militia of each county raised by voluntary enlist- ment for a period not exceeding six years, and officered by gentlemen commissioned by the Crown. (2.) The Yeomanry cavalry, and the Volunteer rifles, and Artillery Coips; and (3.) The disciplined regular troops of the Kingdom kept on foot from year to year by Parliament, and governed by martial law or arbitrary articles of war formed at the pleasure of the Crown. What does the maritime stats consist of? The officers, seamen, and marines of the British Navy, who are by express and permanent laws established by Act of Parhament, the last of which is 29 & 30 Vict. c. 109. 176 GUIDE TO STEPHEN S COMMENTARIES. CHAPTER VII. THE NOBILITY AND OTHER RANKS. Hoiv may ihe civic state be divided ? Into (1) the nobility; (2) the commonalty. Wlio are included imdei' the noMity, and how are the titles created ? (1) Dukes; (2) marquesses; (3) earls; (4) viscounts; (5) barons. They are created either by writ, that is, by summons to Parliament, or by letters patent from the sovereign, that is by royal grant, and they enjoy many privileges exclusive of the senatorial capacity. Into what degrees are the commonalty divided'? (1) Knights of the Garter; (2) Knights Banneret; (3) Baronets; (4) Knights of the Bath; (5) Eaiights Bachelors; (6) esquires; (7) gentlemen; (8) tradesmen, artificers, and labourers. CHAPTER Vni. MAGISTRATES, &c. Who are the subordinate magistrates of the most general use and authority .? (1) Sherifis; (2) coroners; (3) justices of the peace; (4) con- stables. Describe the office of sheriff. He is the keeper of each county, appointed by the sovereign in due form with certain judicial powers; he is also conservator of the sovereign's peace, a ministerial officer, and the bailiff" of the Crown. MAGISTRATES, ETC. 177 Describe the office of coroner, and ivliat are their duties. They are permanent officers of the Crown in each county, elected by the fi-eeholders — and by 7 & 8 Vict. c. 92, they may be appointed for districts within counties — whose office it is to make enquiry concerning the deatli of the king's subjects, super visum corporis, and certain revenues of the Crown, and also in particular cases to supply the office of sheriff. Describe the office of justice of the peace and its duties. Justices of the peace are officers appointed by the Crown to administer justice within the realm, usually selected on the recom- mendation of the Lord Lieutenant of the county, and appointed by special commission under the Great Seal jointly and seyerally to keep the peace in particular, and any two or more of them to inquire of and determine felonies and other misdemeanom-s. They act gratuitously, receiving no salary or fees. Mention briefly the duties of the justice. (1.) To conserve the peace. (2.) Any two of them have power to determine felonies and other offences within their jurisdiction at Quarter Sessions. (3.) Licensing alehouses or appointing overseers of the poor or surveyors of the highway at special sessions. (4.) Trying in a summary way at petty sessions, offences within their jurisdiction by particular statutes. What is the office and duty of a constable .^ They are of two sorts; (1) high constables; (2) petty constables. The former are appointed at courts leet, or by Justices at special sessions, under 7 & 8 Vict. c. 37, s. 8. Their general duties are to keep the Queen's peace within the hundi'ed, and that of the petty constables within the parish or township, and the latter have also to serve summonses and execute warrants, &c., but the duties have been considerably altered by modern statutes constituting a publio force or county constabulary. PAKT n. ♦ CHAPTER I. THE ECCLESIASTICAL AUTHORITIES. What do the clergy co7isist of? All persons in Holy Orders or ecclesiastical offices, and as thus defined consist of (1) archbishops and bishops ; (2) deans and chaj)ters ; (3) archdeacons; (4) rui'al deans ; (5) parsons and vicars, to whom there are requisite Holy Orders, presentations, institution and induction; (6) curates. What are the inferior officers connected ivith the Church ? (1) Chui'chwardens; (2) parish clerks and sextons. CHAPTER n. ENDOWMENTS AND PROVISIONS OF THE CHURCH. Wliat are the endoivments of the Church ? Lands, advowsons, and tithes. What is the suhject of projjerty of a clergyman in a church endowment ? (1) The seisin for life of the rectory or vicarage-house, the church, and the glebe; (2) in rectories, the chancel and chiu-ch- yard, and in vicarages the churchyard only. Wliat is an aclvoivson, and how are they divided ? A perpetual right of presentation to an ecclesiastical benefice; they are either (i.) appendant, i.e. when annexed to a manor, or (ii.) in gross, i.e. existing separate and apart from the property of the manor. ENDOWMENTS AND PKO VISIONS OF THE CHURCH. 179 What is lapse ? A forfeiture of the right of presentation to a vacant church by neglect of the patron to present within six calendar months. What is simony ? It is the corrupt presentation of any one to any ecclesiastical benefice whereby that turn becomes forfeited to the Cro^vn. State shortly what is simony. (1.) A pm'chase of an advowson (whether full or empty) if connected with a corrupt contract as to the next presentation. (2.) The purchase of a next presentation, the living being actually empty. (3.) The purchase by a clerk either in his own name or another's of the next presentation assuming him to be presented to it at any future time. (4.) A bargain by any other person for the next presentation, with the privity, and with the view to the nomination of the particular clerk afterwards presented. It must be remembered that in case of a simoniacal contract, unless the clerk is a guilty party, only the patron suffers and not the clerk. In favour of ivhom are covenants to resign a living legal? By 9 Geo. IV. c. 94, in favour of any one person named, even though a stranger ; but if the bond be taken in favour of one of two, then each of them must be by blood or marriage an uncle, son, grandson, brother, nephew or grandnephew of the j)atron or one of the patrons beneficially entitled. What are tithes, and hoiv are they divided ? Incorporeal hereditaments in gross, consisting of (1) the tenth of the yearly produce, i.e. predial, as corn, &c.; (2) the stock of the land, i.e. mixed, as wool, &c., and (3) the personal industry of the inhabitants. Now by the Tithe Commutation Acts a rentcharge has been substituted in hen of tithes, the amount of which is annually adjusted by a Board of Commissioners according to the average price of corn. N 2 PART III. SOCIAL ECONOMY. CHAPTER I. CORPORATIONS. What are todies politic or corporations 2 ■ Artificial persons established for preserving in perpetual suc- cession certain rights, which being conferred on natural persons only would fail in process of time. How are corporations divided ? (1.) Aggregate, consisting of many members, such as a mayor and commonalty. (2.) Sole, consisting of one person only, as a bishop. Each of the above are again subdivided into — (3.) Ecclesiastical, erected to perpetuate the rights of the Church, and (4.) Lay. Hoiv are lay corporations suMivided ? Into (1) civil, erected for temporal purposes, and (2) eleemosy- mxTj, erected to pei-petuate the charity of the founder. Hoiu are corjjorations usually erected ? By consent of the Crown, express or implied, the former being given by Act of Parliament or royal charter. WJuct are the powers i7icident to all cm'piorations :? (1.) To sue and" be sued, gTant and receive as a private individual. CORPORATIONS. 181 (2.) Amenable in respect of its coqwrate property to judg- ments. (3.) To act under its common seal, (4.) To make, alter, and repeal bye-laws. WJiat are joint sfocJc companies ? Qualified corporations created by the act of the members, and regulated by the Companies Acts, 1862 and 1867, by the former of which statutes it is provided that any nmnber of persons not less than seyen associated for a lawful pm-pose may subscribe their names to a memorandum of association, &c., and form an in- corporated company \\\t\\ or without limited liability. And no company consisting of more than twenty persons shall be formed for carrying on any business that has gain for its object without being registered. Under wlmt circnmstances are j^ast and present members of a company liable for its debts in the event of its being ivound up ^ The present and past members become liable to contribute, when the company is not limited, to an amount sufficient to pay the debts and liabilities, and also the costs of winding up and adjusting the rights of the contributories amongst themselves, with the fol- lowing qualifications, that a past member who ceased to be a member witliin a year before the commencement of the winding up cannot be placed on the list of contributories, untU it is proved first, that there was at the date of the winding up order some existing debt or liability of the company contracted before he ceased to be a member; and secondly, in the case of a limited company, that the shares formerly held by him have not been fully paid up. State concisely the steps to be talccn to obtain an order for the compndsory winding vp of a company. The course of proceeding is by petition presented to the Court of Chancery by one or more of the creditors or contributories, or by thi'ee or any of them jointly. The petition is verified by affidavit, and served on the company. The order being obtained, the Court appoints the official liquidator. The list of contributories is then sent in and settled, The claims 183 GUIDE TO Stephen's commentaries. advertised for are sent in and adjudicated, and the assets of the company realized and distributed, and an order made for dissolu- tion. The comjjany itself may also jDass a resolution to wind up voluntarily. What is the duty of corporations, and how is it enforced^ Their duty is to answer the ends of their institution, and to enforce this duty. All corporations may be visited. Spiritual corporations, by the ordinary; lay corporations by the founder or his representatives, viz. the civil by the king, represented in his Court of King's Bench; the eleemosynary by the endower or by his heirs or assigns. How may corporations he dissolved ? (1.) By the natural death of all their members. (2.) By sm-render of their franchises. (3.) By forfeiture of the charter. What is a municipal corporation ? It is a body corporate, and consists or a mayor, aldermen, and burgesses, established for the government of towns, the preserva- tion of order and the liberties of the inhabitants. CHAPTER II. THE LAWS RELATING TO THE POOR. State Iriefly the prijicipal provisions of the various statutes relative to the poor. (1.) By 4 & 5 Will. lY. c. 76, " the Poor Law Amendment Act of 1834." An Act passed for the general relief of the poor by means of the introduction of " Poor Law Commissioners." (2.) Superseded by 10 & 11 Vict. c. 109, in 1847, and a Board established known as the " Poor Law Board," to which THE LAWS RELATING TO THE POOR. 183 the duties of the Poor Law Commissioners were as- signed. (3.) 34 & 35 Vict. c. 70, estaWishing in 1870 a "Local Government Board," to which the duties of the Poor Law Board, have been transferred, and provides for the rehef of the poor by a board of guardians, duly- elected, appoints inspectors, and provides for the con- solidation of parishes into a single union, with a common workhouse and a common fund. Hoiv can a settlement be oltained in a parish? (1) By birth; (2) by parentage; (3) by marriage; (4) by renting a tenement coupled with a forty days' residence (the tenement must be of a £10 annual value) which must have been occupied, and rent and poor rate paid for the term of one year at least; (5) by being bound apprentice in the parish; (6) having sufficient estate in the parish, and (7) by payment of taxes. Before the Act of 1834, a settlement might have been gained by the forty days' residence, coupled also with (1) hiring and service for a year, and (2) by serving an annual office. BOOK V. CHAPTER I. CIVIL INJURIES. What are wrongs, and ivhat are the diffei-ent kinds ? Wrongs are privation of rights, and are either (1) private or civil injuiries, and (2) public or crimes. What are private wrongs or civil injuries ? An infringement or privation of the civil rights of individuals considered as individuals, and consequently subject to redress ; whereas crimes or public wrongs violate the rights of the public at large and require punislnnent. . IToiv is the redress effected ? (1) By mere act of the parties; (2) by the mere oi3eration of law; (3) by both together or suit in Com't. From tvhence does redress from the mere act of2)arties arise? (1.) From the sole act of the party injured. (2.) From the joint act of all the parties. Mention some of the former class alluded to in the last question. (1) Self-defence ; (2) recaption or reprisal ; (3) entry on lands and tenements ; (4) abatement of nuisances ; (5) distress for rent or damage feasant ; (6) the seizing of heriots. Define a nuisance. Anything that unlawfully annoys or damages another, and in the case of a private nuisance, i.e. obstruction of an ancient light. CIVIL INJUPJES. 185 &c., it may be abated, i.e. removed without unnecessary damage or violence. What is a distress, and in ivhat cases is it usually made ? It is derived from the Latin word Districtio, and may be defined as the taking of the personal chattel out of the possession of WTong- doers into the custody of the party injured, to procure a satisfaction for the wi'ong committed. It is made (1) in cases of nonpayment of any kind of rent, assuming it is a rent certain, and (2) for cattle damage feasant. What things are distrainalle ? AH personal chattels, with the exception of — (1.) Animals /ene naturce, save deer kept for sale. (2.) Whatever is in the personal use of a man, as a horse on which a man is riding. (3.) Things delivered to a man to be carried, brought, or managed in the way of his trade, as cloth at a tailor's. (4.) Things in the custody of the law, such as property ah-eady taken &&m.?igQ feasajit, or in execution. (5.) Loose money. (6.) Anything that cannot be returned in as good condition as when distrained, such as milk, fruit, &c. (7.) Fixtures. Privileged sul modo. (8.) Beasts of the plough, sheep and instruments of husbandly. (9.) The instruments of a man's trade or profession. Are the goods of a lodger distrainable for rent due to the superior landlord hy his immediate tenant ? What alteration in the law lias recently heen made ? They are distrainable; but by the 1st section of 34 & 35 Yict. c. 74, the lodger serves on the superior landlord a declaration in writing, that the immediate tenant has no right to the goods distrained, and also what rent he, the lodger, owes to his immediate landlord, which he must pay or tender to such landlord ; whereupon fm-ther proceedings become illegal, and the goods recoverable by the lodger on the order of two justices or a stipendiary magistrate. 186 GUIDE TO Stephen's commentaries. At tvJiat tune can a distress he made, and hoiv ? It must be made in the day, i.e. between sunrise and sunset; it cannot be made in the night except for cattle damage feasant, because they might otherwise escape. The distress is made by the landlord or his agent or bailiff either during the continuance of the tenancy or within six months of its determination, and seizing a portion of the goods in the name of the whole; the whole amount of the rent should be dis- trained for at once, unless there is not sufficient on the premises, or there is a mistake in value, and when the distress is taken the things must be impounded, and written notice of the cause of distress given to the tenants. It must be remembered that an outer door cannot be broken open to make a distress, but when the landlord is in the house an inner door may be broken open. Assuming goods to have teen fraudulently removed and locked up to irrevent a distress, ivhat happens .? The landlord may within thirty days afterwards follow them, and by the assistance of the peace officer of the parish, (an oath having made been before a justice, in case it is a dwelling-house, of a reasonable ground to suspect that such goods are concealed therein,) break open in the daytime any place where they are found to be. When the landlord distrains for rent, after what time and suhject to ivhat 2Jrecautions can he proceed to sell ? He cannot sell the goods until five days next after the distress is taken, and notice of the cause of the distress given, so as to give the tenant a chance to replevy before the sale. The goods must be appraised by two duly sworn appraisers. The landlord is not bound to sell on the expiration of the five days ; he may wait a reasonable time. If any irregularity occurs in mciking a distress, is the distrainor a trespasser ab initio ? Not now by 11 Geo. II. c. 19, if any rent is justly due; he was formerly. REDRESS BY OPERATION OF LAW. 187 What do you imdersfcmd ly the term arbitration ? Where the parties injuring and injured submit all matters in dispute concerning any pei'sonal chattels or personal wrong to the judgment of two or more arbitrators to decide, and if they cannot agree, then to an umpire; the decision, when arrived at, is called an award, which is in writing. The subject is mainly governed by 9 & 10 WiU. III. c. 15, and 3 & 4 Will. IV. c. 42. The award is usually final, and no objection can be taken to it not apparent on the face of the award, otherwise application must be made to set the award aside before the last day of the term in which such award shall be published. CHAPTER II. REDRESS BY OPERATION OF LAAV. In wMt two tmioiis ways is redress effected hy mere oi^eratioji a law ^ (1.) In the case of retainer, i.e. where a creditor is executor or administrator, and is thereupon allowed to retain his own debt before any other creditors of the same degree. (2.) Eemitter, i.e. where one who has a good title to lands, &c., comes into possession by a bad one, and is thereupon remitted to his ancient good title, which protects his iU-acquired possession. 4...- 18S GUIDE TO Stephen's commentaries. CHAPTER III. THE COUETS IN GENERAL. WJiat is a court ? A place ■wherein justice is judicially administered by officers delegated by the Crowii, being either of record or not of record, the former having its acts and judicial proceedings enrolled for a perpetual memorial, with power to fine and imprison for contempt. Wliere not of record (being generally courts of inferior jurisdic- tion) they have not such powers. What is incident to all courts ? (1) A plaintiff; (2) a defendant, and (3) a judge; and with us usually solicitors, advocates, or counsel, viz, either barristers or serjeants-at-law. CHAPTER IV. the INFEEIOE COUETS OF JUSTICE. Mentmi the various inferior courts of justice. (1) The Com-t Baron; (2) the Hundred Court; (3) the Sheriffs; County Com't; (4) the County Com'ts; (5) the several courts which exist ^vithin many of the cities, boroughs, and coi^porations through- out the kingdom, and held by prescription, charter, or Act of Parliament; (6) the Court of the Commissioners of Sewers ; (7) the Com-t of the Stannaries of Cornwall and Devon ;'^ (8) the Courts of the two Universities of Oxford and Cambridge; (9) the Ecclesiastical Courts, viz. {a) the Ai'chdeacon's Court; '(^) the ^ • Consistoiy Court of the Bishops; {c) the Court of Peculiars, and ^T {d) the Court of Arches. yjf tVA.UtMr^l'/.Ani; A-ifcf /^A.x/j rf'-'^^ ,{ i^* f h**^^ -^' h.'.-.-^(^^i^e,»„f^ Fi_ hvy^t^^ / rti '^ ft KtiirfU M*i '^ /^it«*.».-w/ . THE INFEIllOR COUKTS OF JUSTICE. 189 Wliat is a court haron ? A coui't holdeii by the steward in every manor. It is of two natures, the customary court belonging to the copyholders, in which the estates are transferred, &c., and the other was a court of Common Law held before the freeholders of the manor, and having jurisdiction in any personal action of debt, case or the like when the debt or damage did not amount to 405., as well as to deter- mine controversies relating to the rights of lands within the manor. Crive some account of the County Courts. The establislmient of the County Courts took place on the judicial business of the old Sheriffs' County Court (which fell into disuse by reason of its dilatory and expensive proceedings) and that of the Courts of Eequest or Conscience being transferred to these new courts by 9 & 10 Vict, c, 95, and by subsequent statutes. The Act of 1846 erected a certain number of county court districts in each county, in each of which districts a com-t is held once a month or otherwise as directed, and is constituted a Court of Record with a jud^"e and., registrar, ^nd other necessary officers; and by 30 & 31 Vict.'c. 142, the plaintiff enters his claun either (1) in the County Court of the district in^ which the defendant resides or carries on business at the tinae; (2) by leave of the judge or registrar, in which he has dwelt or carried on business for six nionths previous; or (3) by leave, where the cause of action in whole or^part arose. What is the limit of the jurisdiction of the County Court in matters of contracts, tort or, title ? • In all actions of contracts where the amount sued for does not exceed £50, and in actions of torts, with the exception of breach of prom ise of marriage, libel, slander, seduction, or malicious prosecution, where the sum does not exceed £10. In actions of ejectments when neither the value of the property nor the rent exceeds £20 per annum, and in actions to determine the title to hereditaments corporeal or incorporeal to the same amount. 't'-"-'-^ f<^-€^i^f^- ■*^y.<-^ (V ^^f ^ ^^**^ i*«.-«-/C4 , Specify the other Judges of the High Court of Clmncery. ^/^-.-Y-'/. (1) The Master of the Rolls; (2) the three Vice-Chancellors, 7^^*^^ and (3) the Lords Justices of the Court of Appeal. ^o '^4/4m Why was the Court of Queoi's Bench so called, and state its ^ y jurisdiction .? iittU^ It was so called because the Sovereign used to preside there in ^a a^^ person. ^4^ It had a twofold jmisdiction, the civil or plea side, and the '^^j^,^ criminal or Crown side. It has a superintending power over all /,^.4>^C*y- inferior tribunals, and with the exception of revenue matters, on ^f*^ ^ its j)lea_,or civil side it has jurisdiction in all personal actions, with an appeal to the Exchequer Chamber, i.e. the Judges of the other two Courts, thence to the House of Lords. What is the jurisdiction of the Court of Common Pleas ? It has jurisdiction in all personal actions and the remnants of real actions known as dower, writ of right of dower, and gitare_ ^ 2 impe dit. Acknowledgments of deeds by married women, and appeals from the revising barristers' courts, and the registration of judgments afiecting real property, with an appeal to the Exchequer Chamber, thence to the House of Lords. What is the iurisdiction of the Court of E.r chequer .? The Exchequer was a rehc of the original old Superior Court of ^ the Kingdom, of Saxon Constitution, known as the Wittcnagemote, r- _^ and subsequently as the aula regis under the Conqueror — at first intended to manage the revenues of the Crown alone, and sub- sequently obtaining jurisdiction in personal actions. It derived its name from Scaccarium, the chequered cloth on which the 194 GUIDE TO Stephen's commentaries. Kino;'s accounts were made up. It was fonnerly a Court of Equity and Common Law, but its equitable jurisdiction was, by 5 Vict. c. 5, transferred to the High Court of Chancery, and now it has jmisdiction merely in all personal actions, and exclusively over the revenue matters, with an appeal to the Exchequer Chamber, thence to the House of Lords. What is the jurisdiction of tJie Admiralty Court? It has jm-isdiction (1) in all maritime matters, i.e. injuries com- mitted on the high seas; (2) adjudicates on prizes of war, and (3; on booty of war. Wluit are the divisions of the Siqjreme Court ? (1.) Her Majesty's High Court of Justice. (2.) Her Majesty's Com-t of Appeal. Of what judges is the High Court of Justice constituted ? The Lord ChanceUor, the Lord Chief Justice of England, the Master of the RoUs, the Chief Justice of the Common Pleas, the Chief Baron of the Exchequer, the Yice-ChanceUors, the Judge of the Probate and Divorce Com-t, the puisne Judges of the Queen's Bench, the Common Pleas, and Exchequer, and the Judge of the Admiralty Com*t, except any such Judges as may be appointed ordinaiy Judges of the Court of Appeal. In the absence of the Lord Chancellor the Lord Chief Jastice is the president. What jurisdiction vests in the High Court 2 It is a Superior Court of Record, and has vested in it the juris- diction of all the Courts before alluded to, including the Coui'ts of Common Pleas of Lancaster and Durham, and the Courts created by Commissions of Assize, of oyer and terminer and of goal deHvery, or any of such commissions. By what authorities do the justices of assize sit f (1) The commission of the peace; (2) of oyer and terminer; (3) gaol delivery, and (-i) nisi 2)rius, subject to the 29th section of 36 6 37 Vict. c. QQ. THE SUPREME COaRT OF JUDICATURE. 195 Of how many divisions does the High Court of Justice constat, and what several Judges are iticluded in such divisions ? (1.) The Chancery Division. Judges: the Lord Chancellor (President), the Master of the Rolls, and the Yice- ChanceUor. (2.) The Queen's Bench. Judges : the Lord Chief Justice of England (President), and the puisne Judges. (3.) The Common Pleas. Judges : the Chief Justice (Presi- dent) and the puisne Judges. (4.) The Exchequer. Judges : the Chief Baron (President), and the puisne Judges. (5.) Probate, Divorce, and Admiralty Division. Judges : the Judge of the Probate Court (President) and the Judge of the Admiralty Court. Assuming any causes and iiuxtters are not proper to le heard hy a single judge, how are they heard .? How many Divisional Courts may sit at the same time, and of how many judges is a Divisional Court constituted ? Who is the President ? They are heard by the Divisional Com'ts, any number of which may sit at the same time. A Divisional Com-t is constituted by two or three Judges thereof, and is generally composed of three ; the senior Judge of those present is the President. By what courts are the a-ppeals from inferior courts to he determined ? Appeals from petty or quarter sessions. County Courts, or any other inferior com'ts which formerly might have been brought before any court or judge whose jmisdiction is transferred to the High Court, are heard and determined by the Divisional Com*ts of the High Court, consisting respectively of such of the Judges as are assigned for that pm-pose. Such determination to be final, unless special leave to appeal there- from to the Court of Appeal is given by the Divisional Court before which the appeal has been heard. What jurisdiction is vested in the Court of Appeal? (1.) The appellate jurisdiction of the Lord Chancellor and 196 GUIDE TO Stephen's commentaries. the Court of Appeal in Chancery, and of the Court of Appeal in Bankruptcy. (2.) Of the County Palatine of Lancaster. (3.) Of the Lord Warden of the Stannaries. (4.) Of the Court of Exchequer Chamber. (5.) Of her Majesty in Council or of the Judicial Committee of the Privy Council in cases of admiralty or lunacy appeals. Of ivhat Judges is the Court of Appeal constituted ? Five ex officio Judges, viz., the Lord Chancellor, the chiefs of the Common Law Division, and the Master of the Rolls, and as many ordinary not exceeding three at any one time as her Majesty may appoint; and the Lord Chancellor may request in writing the attendance of an additional Judge fi'om any one or more of the Common Law or Probate Divisions (to be selected by the Division) to attend the sittings of the Com-t of Appeal. The first ordinary Judges of the said Court were the former Lords Justices of Appeal, and one other appointed by her Majesty's Letters Patent. CHAPTER VL CIVIL INJURIES COGNIZABLE AT COMMON LAW. JIow are injuries cognizable hy courts of common law remedied ? By putting the party injured in the possession of that right whereof he is unjustly deprived, which is efiected (1) by dehvery of the thing detained, to the rightful o-mier, or (2) where that remedy is impossible or inadequate, by giving the party injured a satisfaction in damages. What are the instruments by ivhicli these remedies may be obtained ? Suits or actions, which are defined as the lawful demand of one's right; and these ape either (1) personal, (2) real, or (3) mixed. CIVIL INJURIES COGNIZABLE AT COMMON LAW. 197 IJ^iat is a 2)ersonal action, a real action, and a mixed actio?i resjiectively ? A personal action is one which is brought for the recovery of personal property or damages for the injury sustained. A real action is one which was brought for the recovery of real property; with the exception of dower, ^^Tit of right of dower, and quareinrpedit, these actions were abolished by 3 «S: 4 "Will. IV. c. 27-:' Mixed actions were those which sought the recovery of the real ^ property and damages for detaining it, and they also, with the exceptionofejectm^^ were abohshed by the above statute] Distinguisli hetiveen actions foi' dower, writ of right of dower, and quare impedit. An action of dower is brought where a woman seeks to recover her wh ole dower ; WTit of right of dower, a part of it ; and ([uare inqjeclit is an action brought to recover the presentation on the wrongful deprivation of an ecclesiastical benefice. The peculiarity attached to these actions now is, that they can only be commenced in the Court of Common Pleas, but they are commenced by writ in the ordinary way, with a notice stating which of these forms of action will be proceeded with. What is the gist of an action of ejectment ? The wi'ongful withholding of land. It may be brought iu any of the Superior Courts. How are personal actions divided and suddivided? (i.) Actions ex contractu. (1) Assumpsit; (2) debt, and (3) covenant, (ii.) Ex delicto. (1) Trespass; (2) case; (3) trover; (4) detinue; (5) replevin. Under what circumstances do the actions of assumjm'f, debt, and covenant respectively lie ? (1) Assumpsit lies for damages of the breach of any simple contract, and so does (2) debt, assuming the amount is liquidated and there is privity between the parties ; and debt will lie under the above circumstances where the instrument is under seal; (3) covenant, where the breach arises by deed, and debt will not lie. 198 GUIDE TO Stephen's coMMENTArdES. What is the gist of the action of trespass, case, trover, detinue, and reptevin rcspecVwetij ? (1.) Trespass is brought for violence, accompanied with im-_ mediate injmy. (2.) Case where the injmy is consec[uential. (3.) Trover for finding; and wi'ongful conversiooi. (4.) Detinue, the illegal detention ; and (5.) Replevin, for the illegal taki ng and de taiiiing, as in case of a wrongful distress. Distinguish hetween a local and a transitory action. A local action was one in which the cause of action was confined to a particular locality, as in the case of ejectment from a particular proj^erty. A transitory action was one which might have arisen anywhere, as an assault or breach of contract. The main distinction was that the former must have been tried by a jury of the county in which the lands lay, whereas the latter could have been tried any- where at the plaintifp's option. Mention any instances u'hich you can rememler tending to prejudice the plaintiff's right of action. (1.) That the plaintiff has not sustained any peculiar damage, but that the injury is public. (2.) That the injuiy is a mere damnu m cib spue injuria. {?).) That the cause of action is too remote. Mention any exceptions to the maxim actio personalis moritur cum persona which may occur to you. (1) By 4 Edw. III. c. 7, where there has been a trespass to the personal property of the deceased, the right of action sm-vives to the executors and administrators ; (2) also under 3 & 4 Will. IV. c. 42, the right survives in case of an in j ury to the real estate of the deceased if committed within six calendar months before the owner's death, and the action be brought 'nithin one year after the death ; (3) also under Lord Campbell's Act, 9 & 10 Vict. c. 93, where the death of a person is caused by a tort which would have entitled the deceased to an action for damages had he survived, his personal representatives may bring an action for the benefit of the husband. CIVIL INJURIES COGNIZABLE AT COMMON LAW. 199 wife, parent, or child, the words parent or child having received an extended meaning under the Act ; and by 27 & 28 Vict. c. 95, assuming there l3e no executors, or they do not bring the action within six months, then the parties beneficially entitled may jjring it in their own^ names. j J CHAPTER VII. CIVIL INJURIES COGNIZABLE AT COMMON LAVi—{cautinuel). What are injuries to personal security? (1) Against a man's life; (2) against his body; {?>) against his health; (4) against his reputation. What are injuries to the tody ? (1) Threats; (2) assault; (3) battery; (4) wounding; (5) may- hem; (6) by negligence. What are imuries to health and reputation respectively ? In the former case they may be effected by the unwholesome practices of another, in the latter by (1) malicious and defama- tory words; (2) by libel; and (3) by malicious indictments or prosecutions. Wliat is a primleged communication ? One made by a person in discharge of a moral duty in relation to matters in which the parties have mutual interests. Prima facie they rebut the inference of malice. Distinguish hetiveen lihel and slander. Libel is the malicious defamation of another by ^Titing, pictures, or print, whilst slander only arises by word of mouth. Libel may be punished criminally as well as civilly, whereas slander can only be punished criminally in a few cases. 200 GUIDE TO Stephen's commentaries. How is 2oersonal lihcrfij injured'? By false imprisonment, to constitute which (1) the pei'son must be detained, and (2) he must be detained unlawfully. The remedy for which is the wi'it of habeas corjms, and an action for damages. W/iat are the injuries affecting real projjerty ? (1) Ouster; (2) trespass; (3) nuisance; (4) waste; (5) subtrac- tion; (6) disturbance. What is ouster and how is it effected ? Ouster is the amotion of possession either fi-om (1) freeholds ; (2) chattels real, and it is effected by (1) abatements; (2) intrusion; (3) disseisin ; (4) deforcement, and (5) discontinuance. Define'the last-mentioned terms jt^?v*»*;^/^^4'*'*-/«l''V'y (1.) Abatement is the entry of a stranger after the death of the ancestor before the heir. (2.) Intrusion is the entry of a stranger after a particular estate of fi-eehold is determined before him in remainder or reversion. (3.) Disseisin is a wi'ongful putting out of him that is seised of the freehold. (4.) A deforcement is any other detainer of the fi-eehold fi-om him who hath the property, but who never had the possession, and (.5.) Discontinuance was where the-tenant in tail made a larger estate of the land than the law allowed. This is abolished by 8 & 9 Vict. c. 106, s. 4. What does ouster of chattels real consist in ? Amotion (1) fi-om estates by statute and elegit^ by a kind or disseisin; (2) fi-om an estate for years, effected by alike disseisin or ejectment. ^Yhat are the present modes of remedy in cases ef ouster? (1.) In the case of corporeal hereditaments by entry or an action of ejectment. CIVIL INJURIES COGNIZABLE AT COMMON LAW. 201 (2.) As to dower, by an action of dower or wi'it of right oi dower. (3.) In the case of incorporeal hereditaments. If dower, as above ; if tithes, in an action of ejectment or by distress; or a next presentation, by an action qimre impedit; and in other cases by an action on the case for damages. "What is h'esjmss ? What is the remedij '? An entry npon and damage done to another's lands by one- self or one's cattle without any laT\^fal authority or cause of justifi- cation. The remedy is an action in trespass for damages which used to be styled an action quare clausum fregit, and besides a remedy by distress for cattle damage /ras«nf. Wliat is a nuisance, and wlud are the, various hinds ? What are the remedies 1 It is an annoyance or anything that worketh damage or incon- venience, and it is eitlier a public or common nuisance for which an indictment lies, or a private nuisance, which is anything done to the hurt or annoyance of (1) the corporeal; (2) the incorporeal hereditaments of another. ,. ' -^ The remedies for a ^^^^ nuisance are (1) an action on the case for damages ; (2) the removal or abatement of such nuisance ; or (3) an injunction to restrain or compel the -^Tongdoer to abate or remove. Wliat is icaste .? WJuit are the various Jcinds ? Waste is a spoil and destruction in lands and tenements to the injury of him who hath the remainder or reversion of the inherit- ance. Waste is of two kinds, voluntary and permissive ; the former is an act committed by the party himself, as the pulling down a house, the latter an act omitted, as letting such house fall do^^■n from want of necessary repairs. hi what position are tena7its in fee simp)l€,fee tail., and for life as regards icaste ? Tenants in fee simple and fee tail are not liable for waste, save the fact that a tenant in tail after possibility of issue extinct is liable for equitable w^aste. With regard to a tenant for life it 202 GUIDE TO Stephen's commentaeies. entirely depends whether or not his estate is " without impeach- ment of waste ; " if it is, he may not only work existing mines, &c., but he may open new ones, &c. (so long as he do not commit equitable waste), otherwise he may only work existing ones ; and, by the 25tli section of the Judicature Act, the mere fact of being a tenant for life "without impeachment of waste" does not confer the right to commit equitable waste at Common LaAV unless a clear intention appear in the settlement. What is the remedy for uriste ? An action on the case for damages, or an injunction to restrain threatened, or a repetition of waste. What is siibfraciion, and what is the remedy ? When one "who owes services to another withdraws or neglects to perform them. This may be (1) of rents and other services due by tenure ; (2) of those due by custom. For the subtraction of rents and services due by tenure the remedy is (1) by distress to compel payment or performance ; (2) by action to compel payment. For subtraction of services due by custom the remedy is by action on the case for damages only. What is disturbance, and tchat are the various kinds ? A disturbance is the hindering or disquieting the owner of an incorporeal hereditament in the i-egular and lawful enjoyment of it. Disturbances are (1) of franchises ; (2) of commons ; (3) of ways ; (4) of tenure, and (5) of patronage. Disturbance of franchises is by an action on the case for damages, or in the case of tolls, by distress. Wiat are the various tcays in ivhich a disturlance of commons is effected ? (1.) By intercommoning without right; remedy, damages by an action on the case or of trespass; besides distress damage feasant to compel satisfaction. (2.) Surcharging the common ; remedies, distress damage feasant to compel satisfaction ; by an action of tres- pass, or an action on the case fur damages. CIVf.L IN.TUEIES COGNIZABLE AT COMMON LAW. 203 (3.) Enclosure or obstruction ? remedies, restitution of the common, or an action of tresjiass or on the case for damages. How are, disturtmices of {1) ways and (2) tenure remedied? (i.) In the case of ways (1) by an action or on* the case for damages ; (2) by abatement, and (3) by injunction, (ii.) In the case- of disturbance of tenure, which is literally driving away the tenants, by an action on the case for damages. What is disturlance of patronage, and loTiat are the remedies ? The hindi'ance of a jDatron to present his clerk to a benefice, whereof usurpation within six months was a species. The remedy is by ^Tit of quare impedit. How may personal property he divided? Personal property is either (1) in possession, or (2) in action. Of ivhat different kinds are the injuries to personal property in possession ? (1) By dispossession; (2) by damage while the o^\mer remains in possession. How may dispossession he effected ? (1) By an unlawfiil taking; (2) by an unlawful detaining. Wliat are the remedies for the unlawful tahing ? (1) Actual restitution with damages for the loss of them, which is obtained by action of replevin ; (2) satisfaction in damages by action of trespass or trover. To whom must an application for a rejilevin he made, and where may the action he commenced ? To the registrar of the district in which any distress subject to replevin is taken. The action may be commenced either in the Supreme or the County Court. If in the County Court the reple- visor gives security, to be approved by the registrar, to commence his action in the County Court within one month after the date of 204. GUIDE TO Stephen's commentaries. the security, and to prosecute with effect, and make return of the goods if return be adjudged. If in the Superior Court the bond is conditioned to commence the action within one week fi-om the date of the security, and to prosecute such action with effect and without delay, and unless judgment is obtained by default, to prove that he had good grounds for believing that the title either to some corporeal or incorporeal hereditament, or to some toll, market, fair, or franchise, was in question, or that such rent or damage exceeded £20, and to make return of the goods if return be adjudged. Hoiv should the defendant proceed to remove an action ofrej}Ievin into the High Court ? By -sATit of certiorari. He is to apply to the Court or a judge for such writ, giving security for an amount to be approved by the Master not exceeding £50, conditioned to defend such action with effect ; and^ unless the rej)levisor shall discontinue or not prosecute such action {or become nonsuit therein)^ to prove that the defendant had good ground for believing either that the title to some hereditament, or to some toll, market, fair, or fran- chise was in question, or that the rent or damage in respect of which the distress shall have been taken exceeds £20. What are the remedies for the ^mlalvful detaining of goods, although lawfutlg taken ? An action of replevin and damages, or by action of detinue, in which either the thing detained or its value is recoverable, and damages for the detention ; or by an action on the case for trover and conversion. What is the remedg for damage to personal pro2)ertg while in the oiuner's possession ? By trespass or trespass on the case where the injury is conse- quential, or by an action for damages, and in certain cases, such as infringements of copyrights, an injunction. Hoio do injuries to personcd p'operty hg action arise ? By breach of contracts: (1) expressed; (2) implied. CIVIL INJURIES COGNIZABLE AT COMMON LAW. 205 WhM are breaches of express contracts, and the remedies ? (1.) By non-performance of covenants. The remedy is by an action of debt or covenant, or in case of a contract not under seal, an action of debt or assumpsit. (2.) Non-payment of debts. An action of assumpsit and damages for non-payment. (3.) In case of failure or breach of contract to deliver a specific chattel; remedy is by action for the chattel or its value, and damages under 19 & 20 Vict. c. 97, and 23 & 24 Vict. c. 12G. Wlbat are the injuries to a husband, cmd the remedies f (1.) Abduction or taking away a man's wife ; remedy, by action of trespass de uxoi'e rajM et abductd and damages, or by an action on the case. (2.) Adultery ; remedy, petition for damages since 20 & 21 Vict. c. 85. (3.) Beating a man's wife ; action of trespass for damages in the joint names of husband and wife or a separate one for special damage |;er ([uod consortium amisit for damages. What are the injuries which affect a man in his capacitt/ as master ? (1.) Retaining his servant before his time is expired ; remedy, by action on the case for damages, and he may also proceed against the servant for non-performance of his agreement. (2.) Beating the servant ; remedy, by action of trespass or on the case 2)er quod servitium amisit for damages. 206 GUIDE TO Stephen's commentaries. CHAPTER VIll. CIVIL INJURIES COGNIZABLE IN EQUITY. Show from a few instances that Equity does not act in opposition to the Common Law. (1.) The few instances in which equity is called upon to mitigate the hardships of the Common Law. (2.) Law as well as equity is equally bound to interpret statute law according to the intention of the legis- latm'e. (3.) Frauds, accidents, and trusts are in many instances cognizable at Common Law. (4.) Equity like Common Law is governed by rules, and the judges act according to precedent. (5.) The maxim, equity follows the law. Mention the discrepancies existing hetiveen Common Law and Equity that the Judicature Acts have amended. (1.) A tenant for life without impeaclmient of waste is made liable for equitable waste at Common Law. (2.) There is no merger effected at law of a beneficial interest which would not be considered as merged in equity. (3.) A mortgagor if entitled for the time being to possession or receipt of the rents and profits, if no notice to enter into possession or receipt, &c., has been given by the mortgagee, may sue in his own name for the re- covery of possession or of the rents and profits, or to prevent or recover damages in respect of any trespass or other wrong relative thereto, miless the cause of action arises on a lease or other contract made by him jointly with any other person. (4.) An absolute assignee of a chose in action, of which assignment, notice has been given to the debtor, may sue in his own name. CIVIL INJURIES COGNIZABLE IN EQUITY. 207 (5.) Time is no longer the essence of the contract at law farther than it was previously in equity. (G.) The rules of equity as to the maintenance, &c., of infants are to prevail. (7.) Where there is any conflict between the rules of law and equity, the rules of the latter shall prevail. Wherein then in reality does the difference exist hetween Law and Equity .? (1) In their subjects of jm-isdiction ; (2) in their hind of relief ; and (3) in proceedings. What business is assiyned to the Clmncery Division of the Hiyh Court J)y the Judicature Act, 1873 ? (1.) Administration of estates. (2.) Dissolution of partnerships and partnership or other accounts. (3.) Redemption or foreclosure of mortgages. (4.) Raishig of portions or other charges on land. (5.) Sale and distribution of the proceeds of property subject to any lien or charge. (G.) The execution of trusts, charitable or private. (7.) The rectification or setting aside or cancellation of deeds or other written instruments. (8.) The specific performance of contracts between vendors and purchasers of real estates, including contracts for leases. (9.) The partition or sale of real estates. (10.) The wardship of infants and the care of infants' Mention some cases in ivhich Courts of Equity ivill afford relief in the case of trusts, and hoiv. (1.) In equity the trustees are liable to account for all trust moneys and breaches of trusts. (2.) In the cases of sales and application of the proceeds of trust property. (3.) In the cases of appointments of new trustees. 208 GUIDE TO STEPHENS COMMENTARIES. (4.) In cases of administration of assets as against trustees, where the suit is instituted by a beneficiary. In the athninistmlion of assets of deceased 2^6r sons ivhat is the rule that now jyrevails ? In the case of administrations after the Judicature Act, 1873, the rule of the Court of Bankruptcy, viz., that all debts are paid parijMssu, and secured creditors must realize their secuiities or have them valued and prove for the deficiency only. Mentmi the principal Acts of Parliament and sections affecting trustees. 10 & 11 Vict. e. 96 ; 22 & 23 Vict. c. 35, ss. 26, 30, 31; 23 & 24 Vict. c. 38, s. 9 ; 23 & 24 Vict. c. 145, ss. 1-7, 25, 2Q, 28, 29 ; 24 & 25 Vict. c. 96 ; 25 & 2(i Vict. c. 108, s. 2. State very briefly what the last-mentioned statutes respectively relate to. (1.) 10 & 11 Vict. c. 96, to the payment into court by trustees and others seeking to get rid of their liabilities. (2.) 22 & 23 Vict. c. 35, the relief of trustees, executors, and administrators when making payments under powers of attorney. Sect. 30 to taking the opinion of the court on a trust matter. Sect. 31, trustees' protective and reimbm'sing clause. (3.) 23 & 24 Vict. c. 145 ; ss. 1-7, powers of sale given to trustees ; sect. 25, powers of investment ; sect. 26, infants' maintenance clause ; sect. 28, appointment of new trustees ; sect. 29, trustees' receipts. (4.) 24 & 25 Vict. c. 96; fraudulent conversion of trust funds. (5.) 25 & 26 Vict. c. 108 ; trustees may sell lands, reseiwing the minerals. Are there any other cases which occur to you of the exclusive jurisdiction of Equity ? (1.) In cases of specific performance equity considering that as done which ought to be done, and a constructive trust THE LIMITATIONS OF ACTIONS. 209 arising in favour of the purchaser as soon as the con- tract is executed. (2.) In cases of injunction to restrain threatened injuries. (3.) Perpetuation of testimony, which arises where the evi- dence of aged or sole witnesses is Hable to be lost, and which, by 5 & 6 Vict. c. 69, extends to any estate in real or personal property even though future. CHAPTER IX. THE LIMITATIONS OF ACTIONS. Specify the principal statutes of limitation as to real propertij, and trace the growth of the doctrine. (1.) 32 Hen. VIII. c. 2, which limited the time of bringing a wi'it of right on the seisin of an ancestor not to any cer- tain historical period but to sixty years fi'om the com- mencement of an adverse possession ; and for a posses- sory action on the ancestor's seisin to fifty years, and no person was to bring a real action droitural or possessory on his own seisin after thirty years. (2.) 21 Jac. I. c. 16, when it limited all wiits of formedon {i.e., real actions by remainder-men, reversioners or issue in tail) to twenty years, also provided that no person should make entry into any lands but within twenty years after his right accrued with the saving of rights of j^ersons under disability ; but actions in which it was unnecessary to allege any seisin, such as actions of dower, escheat, waste, &c,, the action of quare im- pedif, and suits by lay impropriators for tithes remained free from any limitation as to time. (3.) 3 & 4 Will. TS' . c. 27, the principal provisions of which are detailed in the next answer. 210 GUIDE TO Stephen's commentaries. State h'iefli) the. principal inovkions ofo&4: Will. IV. c. 27. (1.) No joersoii can bring an action to recover any land or rent, but within twenty years after the right first accrued except in cases of disability, when a further period of ten years is allowed, not to exceed in the whole forty years. (2.) The rule is the same at Equity as in Common Law save in the following exceptions : — (i.) Where there is an express trust in favour of a claimant, time begins to run against him only from the moment when the land or rent has been conveyed for valuable consideration to a purchaser without notice. (ii.) A^Tien fi-aud constitutes the gi'ound of the equitable demand, time begins to run from the moment when the fraud might with reasonable diligence have been discovered. (iii.) The usual protection afforded by the Court to dona fide purchasers for valuable consideration without notice being reserved, as weU as all other rules of the Court in refasing relief on the gi'ound of acquiescence or otherwise. (iv.) In the case of a mortgagee having obtained possession, the mortgagor must bring his redemption suit wthin twenty years after such possession or any written acknowledgment of the title of the mortgagor signed by the mortgagee. (3.) Only six years' arrears of rent or interest chargeable on land or payable out of a legacy can be recovered. (4.) An action to recover the right of presentation to a benefice must be brought within three adverse in- cumbencies if they together amount to sixty years, if not then within such fru'ther time as will make up the period of sixty years, and no action can be brought after the lapse of one hundi'ed years. Within ivliat time must you commence the folhwing actions: (1) trespass; (2) case; (3) trover; (4) detinue; {h) replevin; {Q)dedt? In all the above actions ■v\ith the exception of verbal slander and THE LIMITATIONS OF ACTIONS. 211 arrears of rent due under a deed, the action must be commenced within six years, except in the cases of disability, as infancy; feme coverts; persons no7i comjjos mentis; and debtors being beyond the seas ; under which circumstances the party has a hke period to bring his action after the remoTal of the disability. Within ivhat time must you commence an action for trespass to theperso7i ; what is the distinction as regards slander f Actions for assault and batteiy, &c., must be brought Avithin four years, slander within two years, but libel six years. Where there are several parties ivho are entitled jointly to sue in an actioji of contract, and one of them is abroad, does the statute run against the others ? It does, because there is no disability as regards the parties who reside in England, and who ought to have commenced the action ; but a judgment obtained against those residing here cannot be pleaded in bar to proceedings taken against those abroad when they return. Shoidd the period tvithin which the action onglit to have leen commenced have expired, how can the right of action le revived? By a promise or acknowledgment in ivriting signed by tlie party to be charged or his agent, but it must be remembered that where there are two or more joint contractors one does not lose the benefit of the Statute of Limitations, by reason only of the written acknowledgments of the others, nor, since 19 & 20 Yict. c. 97, will part payment by one co-contractor revive a statute-barred debt as against another. Within ivhat time must an action of dedt on a specialty de brought ? By 3 & 4 "Will. IV. c. 42, within twenty years from the accruing of the cause of action, except in cases of disability. Within what time must an action le hrought against a Justice of the Peace for anything do?ie in execution of his office ? Within six calendar months. 2Vl GUIDE TO Stephen's commentaries. Does the Statute of Limitations desfroj/ the right to tJie matter in question, a7id hotv can the effect of the statute l)e provided against? No, it does not, it only destroys the remedy ; if for instance, there is any right of lien existing, the plaintiff can always enforce it. The effect of the statute can be provided for, by either issuing a vait of summons and getting it renewed eveiy six months, or by a -written acknowledgment or part payment of the del)t or interest. CHAPTER X. THE PROCEEDINGS IN AN ACTION. What effect has the Judicature Act, 1873, had iqmi terms ? They are abolished so far as the sittings of the High Court of Justice or the Com-t of Appeal are concerned, but in all other cases in which the terms into which the legal year is divided are used as a measure for determining the time within which any act is required to be done, the same may be referred to for the like purpose until provision is otherwise made. What do you hiow of" terms," and how many are there ? They were periods of the year set apart for the transaction of business without interfering with the holy seasons of the Church. There are four terms, deriving their names from some saint's or festival day immediately preceding them, viz. : (1) St. Hilary ; (2) Easter ; (3) Holy Trinity ; and (4) St. Michael. By 11 Geo. lY. & 1 Will. IV. c. 70, amended by 1 Will. IV. c. 3, Hilary term lasts from the 11th to the 31st January ; Easter from the 15th April to the 8th May ; Trinity from the 22nd May to the 12th June ; and Michaelmas fi'om the 2nd to the 25th November. What hind of t)usiness was principalty transacted in term time, and what effect has the Judicature Act f Principally 5«wc business ; the assize and nisi ^mus business being taken in vacation ; but now by the Judicature Act, 1873, sec. 26, THE PROCEEDINGS IN AN ACTION. 213 it is enacted, that as far as relates to the administration of justice, legal terms are abolished, and these are no longer terms applicable to any sitting or business of the High Court of Justice or of the Court of Ajspeal or of any Commissioners ; but in all other cases in which the terms into which the legal year is divided are used as a measure for determining the time within which any act is required to be done, the same may continue to be referred to, for the like pm-pose until provision is otherwise made. Hoiv ivere proceedings in actions and suits commenced in the various Courts ? (1.) In the Courts of Common Law by writ of summons. (2.) In the Courts of Equity by bill or information. (3.) In the Admiralty Courts by a cause in rem or in personam. (4.) In the Probate Court by a citation ; and (5.) In the Divorce and Bankruptcy Courts by petition. Now under the Order I. of the Judicature Act, 1875, aU actions and suits are to be instituted by "an action " and commenced by wi'it of summons, save that the rule does not apply to proceedings com- menced by petition or summons. By what statutes were the Common Law proceedings in an action regutated ? By the three Common Law Procedure Acts of 1852, 1854, and 1860, viz. : 15 & 16 Vict. c. 76, 17 & 18 Vict. c. 125, and 23 & 24 Vict. c. 12G. What is the first step ifi an action .? To issue a writ of summons against the defendant describing him of his residence and calling upon him to enter an appearance within the tim.e limited after service. How ivas the writ of summons indorsed .? (1) With the name and place of abode of the soKcitor who serves it out, and where he is acting as agent the name and place of abode of the country solicitor or the address of the plaintiff if it is sued out by him in person ; (2) in an action of debt with the amount of the debt and costs, and a notice that if they be paid within four days from demand further proceedings will be stayed ; 214 GUIDE TO Stephen's commentaries. (3) in cases where the defendant resides within the jurisdiction of the Court and the claim is for a debt or a liquidated demand in money with or without interest arising upon a contract express or implied, the plaintiff can specially indorse his particulars of demand in the form contained in Schedule A to the Act of 1875, which is simply that of a debtor and creditor account giving credit for any payments, &c. It must be remembered that in pursuance of Order II. r. 1 of the Judicatm-e Act, 1875, the writ of summons must be indorsed with the nature of the claim made, or of the relief or remedy required in the action. ^V]lat is the effect of the nonjoinder or misjoinder of parties to an action ? By Order XVI. r. 13 of the Judicature Act, 1875, no action is to be defeated by reason of the misjoinder of parties, and the Court or Judge may order any names improperly joined to be struck out and any necessary parties, cither plaintiffs or defendants, may be added with their consent. How long did a icrit of summons continue in force, and how might it he continued? For six months from its date as a general rule, and it always could be renewed for the like period by being restamped. Assmning the defendants to Jive in different counties, what teas the practice ? To issue duplicate originals, or as they are termed concurrent writs, and send them off for service ; they remain in force dm-ing the currency of the original writ, and the renewal of the original was a renewal of the concmTcnt. Jlotv should a icrit of summons he served ? Where practicable, personally, but by Order IX. r. 2 of the Judicature Act of 1875, if the plaintiff cannot effect prompt personal service an order may be made for substituted service or for substitution of notice for service as may seem just. Assuming a defendant not to appear to a writ of summons specially indorsed, for ivhat amount may judgment he signed? By Order XIII. r. 3, for any sum not exceeding the sum THE PROCEEDINGS IN AN ACTION. 215 indorsed on the TSTit together with interest at the rate specified, if any, to the date of the judgment, and a sum for costs. Under ivhat circumstances must a defendant oltain leave to defend the action ? By Order XIV. r. 1, -^'here the defendant appears on a '\^Tit of summons specially indorsed, the plaintiff may, on afiidavit verify- ing the cause of action and swearing that in his belief there is no defence to the action, call on the defendant to show cause why the plaintiff should not be at liberty to sign final judgment for the amount with interest and costs ; and the Com"t or a Judge may, unless the defendant by afiidavit or otherwise satisfy the Com-t or a Judge that he has a good defence on the merits, or disclose such facts as the Court or Judge may think sufficient to entitle him to be permitted to defend the action, make an order empowering the plaintiff" to sign judgment accordingly, otherA^ise a statement of claim must be delivered. Under tvliat circumstances can you arrest a defendant alout to quit England m order to avoid a demand ? By 32 & 33 Yict. c. G2, s. 6, where the plaintiff" proves to the satis- faction of a Judge on affidavit that he has good cause of action against the defendant to the amount of £50 or upwards, and that there is probable cause for believing that the defendant is about to quit England unless forthwith apprehended, and that the defendant's absence will materially prejudice the plaintiff" in the prosecution of such action, such Judge may order the defen- dant to be arrested and imprisoned for any period not exceeding six months, unless he give security not to go out of England without leave of the Court. The order is obtainable at any time between the issue of the ^OTit and final judgment, and the defen- dant is imprisoned either for the time before mentioned or until he gives a bond in two sureties to the satisfaction of the plaintiff", or deposits the sum mentioned in the order as secm-ity. What are the requisites of the statement of claim ? By Order XIX. rr. 1 & 2 of the Judicature Act, 1875, it states the division of the High Court in which the action is commenced, the name of the plaintiff and defendant, and the day of the month 216 GUIDE TO Stephen's commentaries. and year it is pleaded, and it contains as briefly as possible the statement of complaint and of the relief or remedy to which the plaintiff" claims to be entitled. What is the rule now as to venue f By Order XXXVI. r. 1 of the Jndicatnre Act, 1875, local venue is abolished, and when the plaintiff" purposes to have the action tried elsewhere than in Middlesex he names in his statement of claim the county or place in which he proposes the action shall be tried, and where no place of trial is named, the place of trial is, unless a Judge otherwise order, the county of Middlesex. Under what circumstances tvould the defendant demur to the plaintiff's statement of claim? Where the defendant admits the facts but denies the sufficiency of the statement of claim in point of law to entitle the plaintiff" to the remedy he seeks, otherwise the defendant must within eight days fi'om the service of statement of claim deliver a statement of defence. Order XXII. r. 1. Under ivhat circumstances is a set-off^ now allowed? By Order XIX. it. 3 & 10 of the Act of 1875, any right or claim may now be the subject of a set-off' or counterclaim by the defendant, whether such set-oflf or counterclaim sound in damages or not. And such set-off" or counterclaim shall have the same effect as a statement of claim in a cross action so as to enable the Court to i^ronounce a final judgment in the same action both on the original and on the cross claim. And the Court may, if the balance is in favour of the defendant, give judgment for the defendant for such balance, or may otherwise adjudge to the defendant as much as he may be entitled to upon the merits of the case. After the delivery of statement of defence hy the defendant, what is the plaintiff's next step ? The plaintiff" must either demur or within twenty-one days from the delivery of the defence deliver his statement of reply, Order XXIV. r. 1 ; ultimately the parties' pleadings end by what is THE PROCEEDINGS IN AN ACTION. 217 technically termed a joinder of issue, i.e., a distinct affirmation on the one side, and a denial on the other. Can a plaintiff join more than one cause of action in the same suit, or what are the restrictions ? Subject to the rules the plaintiff may unite in the same action or in the same statement of claim several causes of action, but if it appear to a Court or a Judge that they cannot be conveniently tried together, separate trials of any of such causes of action may be ordered, or such other order may be made as may be necessary or expedient for the separate disposal thereof. Before ivhom are actions now heard ? Either before a Judge or Judges, or before a Judge sitting with assessors, or before a Judge and juiy, or before an ofiicial or special referee with or without assessors. Hoiv is a cause at nisi prius tried ? The pleadings having been delivered between the parties, the cause is entered and notice of trial given, two copies of the pleadings being left for the use of the Judge ; evidence is got up, notices to produce and admit issued, witnesses subpoenaed, briefs are delivered, and the cause tried in due form, either before a common or special jury summoned in due form, and liable of course to be challenged by either party. How is evidejice now talcen ? In the absence of any agreement between the parties, and sub- ject to other of the Judicature rules, the witnesses at the trial of any action or of any assessment of damages are examined viva voce or in open Court, but the Court or a Judge may at any time for sufl&cient reason order that any particular fact or facts may be proved by afiidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as the Court or a Judge may think reasonable, or that any witness whose attendance in Court ought for some sufficient cause to be dispensed with be examined by interrogatories or otherwise before a Commissioner or Examiner ; provided that where it appears to the Court or a Judge that the other party lonCt fide desires the production of a 218 GUIDE TO Stephen's commentaries. witness for cross-exammation, and that such witness can be pro- duced, an order shall not be made authorizing the evidence of such witness to be given by affidavit. Order XXXVII. rules 1-4. What are the rarioKs statutes ichich govern the competejicy of ivitnesses, and state briefly their effect .? (1.) By 6 & 7 Vict. c. 85, interested persons, not parties, and criminals are good -u-itnesses, but the jury take the evidence for what it is worth. (2.) By 14 & 15 Yict. c. 99, parties to suits (except in breach of j)romise and adultery cases) are competent and com- pellable to give evidence on behalf of either or any of the parties to the suit, but no person is compellable to answer questions tending to criminate himself. (3.) By 16 & 17 Yict. c. 83, husbands and wives are competent and compellable in all civil cases to give evidence on behalf of either or any of the parties to a suit, but the Act does not extend to criminal cases. Further, is the Imsland or the icife liable to disclose any commu- 7iicatio7i made to each other duriny marriage "? By 32 & 33 Vict. c. 68, the parties to any action for breach oi promise of marriage or adultery are competent and compellable Avitnesses, but in the case of breach of promise of marriage, the woman's evidence must be corroborated ; and in the case of adultery, the party is not bound to confess the adultery unless he or she has previously given evidence in disproof of his or her alleged adultery, and by the 4th sect, of the above Act, persons objecting to take an oath may by leave give evidence on declaration, but he is liable to the penalties of perjmy for false evidence. In ivhat cases, and how, may a party producing a witness impeach his credit? By the 22nd sect, of the Common Law Procedm'e Act, 1854 (17 & 18 Vict. c. 125), when a party calls a witness who. in the opinion of the Judge proves adverse, he may contradict him by other evidence or, by leave of the Judge, prove that he has at other times made a statement inconsistent with his jiresent testimony, THE PROCEEDINGS IN" AN ACTION. 219 but before such last mentioned proof can be given, the circum- stances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness, and he must be asked whether or not he has made such a statement. Hoio ivould you try to avoid the expense of p'oving a document in your oivn possession? Give the other side notice to admit saving all just exceptions, and if this be not done you are justified in putting the other side to the expense of the proof, unless the Master certifies that the refusal to admit was reasonable. If a deed or document is in the possession of the adverse 2)arty, what is the course to de pursued? Give the other side notice to produce it and to allow copies to be taken or serve interrogatories, or both, and at the same time apply for an order for production. What alteration has been made in the laiv as to the necessity of calliny attesting ivitnesses to prove documents ? By 17 & 18 Yict. c. 125, instruments to the validity of which attesting witnesses are not necessary, may now be proved by admis- sion or otherwise, therefore it is not necessary to call the attesting witness unless attestation is necessaiy to give the instrument validity. Under what circumstances can application le made for a new trial ? (1) In default of the Judge ; (2) of the jury, and (3) of the suc- cessful party. In the case of the Judge for wrongfidly admitting or rejecting evidence, or misdirecting the jury on a point of law. In the case of the jury for casting lots for their verdict or giving excessive or too small damages. In the case of the successful party on the ground of surprise or perjury of witnesses. Distinguish between an interlocutory and final judgment. An interlocutory judgment is one given in the course of a suit, and which does not finally ascertain the question of damages, as in 220 GUIDE TO Stephen's commentaries. the case of a judgment obtained by default for breach of promise of marriage. A WTit of inquiry would have to issue to the sheriff, who sits by his under-sheriflF to assess the damages, whereas a final judgment is one which does put an end to the action, and upon which execution can issue. Thejudgnunt having been entered, liow is it enforced? By a writ of execution (a fieri facias) against the goods and chattels, or by a ^\Tit of elegit against the lands of the debtor, which writ is by 1 & 2 Vict. c. 110 extended to all the lands, tenements, or hereditaments of the debtor of which he or any other person in trust for him may be seised or possessed, thus including leaseholds and lands over which the debtor has a power of appointment. How Ms the question of judgments been affected hy 23 & 24 Vict. c. 38? In addition to the judgments entered up after the passing of the Act being registered and re-registered, a wi'it of execution must be issued and registered in the name of the creditor, and actually put in force within three calendar months of the date of registration before l)07id fide purchasers or mortgagees can be affected. How has 27 & 28 Vict. c. 112 affected the question of judgments ? No land will be bound by a judgment entered up after the passing of the Act until actually delivered in execution ; such writ of execution now to be registered in the name of the debtor and not of the creditor. And the execution creditor may, if he prefers it, petition the Court of Chancery for a sale. Wlmtis the principal provision of the County Courts Amendment Act, 1867 (30 A^ndes. — Marsden. — Vide " Collisions."' Pritchard's Adniiralty Digest.— With Notes from Text Writers, and the Scotch, Irish, and American Keports. Second Edition. By llOBEKT A. PRITCHAllI), D.C.L., Barrister at-Law, and WILLIAM TAEN PMTCHABD. With Notes of Cases from French Maritime Law. By ALGEKNON JONES, Avocat a la Cour Imperiale de Paris. 2 vols. Fioyal 8vo. 1865. '3/. Roscoe's Treatise on the Jui^isdiction and Practice of the Admiralty Division of the High Court of Justice, and on Appeals there- from, &C. With an Appendix containing Statutes, llules as to Fees and Costs, Forms, Precedents of Pleadings and Bills of Costs. By EDWARD STANLEY PvOSC|OE, Esq., Barrister-atLaw, and Northern Circuit. Demy 8vo. 1878. 1/. ">Ii% Roscoe has performed his task well, supplying in the most convenient shape a clear digest of the law and practice of the Admiralty ConrtB."— Liverpool Couria: *,* All standard Law Wwls are kept in Stocl, in law calf and other Undines.. [No. 3.] ' A 2 STEVENS AND SUNS' LAW PUBLICATIONS. AGENCY. — Petgrave's Principal and Agent. — A Manual of the Law of Principal and Agent. By E. C. PETGRAVE, Solicitor, 12nio. 1857. 7s. 6d. Petgrave's Code of the Law of Principal and Agent, with a Preface. By E. C. PETGRAVE, Solicitor. Demy 12mo. 1876. Net, 2s. Rogers. — Vide "Elections." Russell's Treatise on Mercantile Agency. — Second Edition. 8vo. 1873. lis. AGRICULTURAL LAW.— Addison's Practical Guide to the Agricultural Holdings (England) Act, 187S (38 & 39 Vic. c. 92), and Treatise thereon, showing the Alterations in the Law, and containing many useful Hints and Sviggestions as to the carrying out of the Provisions of the Act; with Handy Forms and a Carefully Prepared Index. Designed chiefly for the use of Agricultural Landlords and Tenants. By ALBERT ADDISON, Solicitor of the Supreme Court of Judicature. 12mo. 1876. Net, 2s. 6d. Cooke on Agricultural Law. — The Law and Practice of Agricultm-al Tenancies, with Numerous Precedents of Tenancy Agreements and Farming Leases, &c., &c. By G. WINGROVE COOKE, Esq., Barrister-at-Law. 8vo. 1851. 18s. Dixon's Farm. — Vide "Farm." ARBITRATION.— Russell's Treatise on the Duty and Power of an Arbitrator, and the La^^^ of Submissions and Av/ards ; with an Appendix of Forms, and of the Statutes relating to Arbitration. By FRANCIS RUSSELL, Esq., M.A., Bamster-at-Law. Fifth Edition. Royal 8vo. 1878. \l 16s. ARTICLED CLERKS.— Butlin's Ne^v and Complete Exanaination Guide and Introduction to the Law •, for the use of Articled Clerks and those who contemplate entering the legal profession, comfirising Courses of Reading for the Preliminaiy and Intermediate Examinations and for Honours, or a Pass at the Final, with Statute, Case, and Judicature (Time) Tables, Sets of Examination Papers, &c., &c. By JOHN FRANCIS BUTLIN, Solicitor, &c. Svo. 1877. 18s. " A sensible and useful guide for the legal tyro." — Solicitors' Journal. "In supplying law students with materials for prepaiinsj themselves for examination, Mr. Budiu, we think, has distanced all competitors. TLie volume before us contains hints on reading, a very neat summary of law, which the best read practitioner need not despise. There are time tables unHer the Judicature Act, and an excellent tabular arrangement of leading cases, which will be found of great service .... Tuition of this kind will do much to remove obstacles which present themselves to commencing students, and when examinations are over the book is one which may be usefully kept cl03e at hand, and will well repay ' noting up.' " — Law Times. Rubinstein and "Ward's Articled Clerks' Hand- book. — Being a Concise and Practical Guide to aU the Steps Necessary for Entering into Articles of Clerkship, passing the Preliminary, Intermediate and Final Examinations, obtaining Admission and Certificate to Practise, with Notes of Cases affecting Articled Clerks, Suggestions as to Mode of Reading and Books lo be read during Articles. Second Edition. By J. S. RUBINSTEIN and S. WARD, Solicitors. 12mo. 1878. 3s. "No articled clerk should be without it." —Law Times. " We think it omits nothing which it ought to contain." — Law Journal. Wharton's Articled Clerk's Manual.— A Manual for Articled Clerks : being a comprehensive Guide to their successful Examination, Admission, and Practice as Attorneys and Solicitors of the Superior Coui-ts. Ninth Edition. Greatly enlarged. By C. H. ANDERSON. Royal 12mo. 1864. 18s. *^^* All standard Law Works are kept in Stock, in law calf and other hinding$. 119, CHANCEEY LANE, LONDON, W.C. 3 ARTICLES OF ASSOCIATION.— Palmer.— Fide "Conveyancing." ATTORNEYS.-Cordery.— FiWe" Solicitors." PuUing's Law of Attorneys, General and SiDecial, Attomej's-at-Law, Solicitors, Notaries, Proctors, Conveyancers, Scriveners, Land Agents, House Agents, &c., and the Offices and Appointments usually held by them, &c. By ALEXANDER. PULLING, Serjeant-at-Law. Third Edition. 8vo. 1862. 18s, " It is a laborious work, a careful work, the work of a lawjer, and, beyond comparisoa tLe be^tthat has ever been produced upon this subject." — Law Times. Smith. — The Lawyer and his Profession. — A Series of Letters to a Solicitor commencing Business. By J, ORTON SMITH. 12mo. 1860. U. AVERAGE.- Hopkins' Hand-Book on Average.— Third Edition. 8vo. 1868, 18«. Lowndes' Law of General Average. — English and Foreign. Third Edition. By EICHAED LOWNDES, Author of " The Admiralty Law of Collisions at Sea." Eoyal 8vo. 1878. 21s. BALLOT. — FitzGerald's Ballot Act. — With an Inteoduction, Forming a Guide to the Procedure at Parliamentary and Municipal Elections. Second Edition. Enlarged, and containing the Municipal Elections Act, 1875, and the Parliamentary Elections (Returning Officers) Act, 1875. By GERALD A. R. FITZGERALD, M. A., of Lincoln's Inn, Esq., Barrister-at-Law. Fcap. 8vo, 1876. 5s. Qd. "Ansefiil guide to all concerned iu Parliamentary and Municipal Elections." — Lom Magazine. "AVe should strongly advise any person connected with elections, whether acting as candidate, agent, or in any other capacity, to become possessed of this manual." BANKING. — Walker's Treatise on Banking Law. In- cluding the Crossed Checks Act, 1876, with dissertations thereon, also references to some American Cases, and full Index. By J. DOUGLAS WALKER, Esq., Ban-ister-at-Law. Demy 8vo. 1877. 14s. "The work has been carefully written, and will supply the want of a compact sum- mary of Banking Law." — Solicitors' Journal. "Persons who are interested in banking law may be guided out of many a difficulty by consulting Mr. Walkei-'s volume." — Law Times. BANKRUPTCY.— Bedford's Final Examination Guide to Bankruptcy.— Third Edition. 12mo, 1877. 6s. Haynes. — Vide "Leadiug Cases." Lynch's Tabular Analysis of Proceedings in Bankruptcy, for the use of Students for the Incorporated Law Society's Examinations. Second Edition. 8vo. 1874. Net, Is. Scott's Costs in Bankruptcy. — Ficfe" Costs." Smith's Manual of Bankruptcy. — A Manual relating to Bankruptcy, Insolvency, and Imprisonment for Debt ; comprising the New Statute Law verbatim, in a consolidated and readable form. With the Rules, a Copious Index, and a Supplement of Decisions, By JOSIAH W. SMITH, B.C.L.,Q.C. 12mo. 1873. 10s. *,* The Supplement may be had separately, net, 2s. 6d. Williams' Law and Practice in Bankruptcy; comprising the Bankruptcy Act, the Debtors Act, and the Bankiiiptcy Repeal and Insolvent Court Act of 1869, and the Rules and Forms made under those Acts. Second Edition. By ROLAND VAUGHAN WILLIAiMS, of Lincohi's Inn, Esq., and WALTER VAUGHAN WILLIAMS, of the Inner Temple, Esq., assisted by Feancis Hallett Haedcastle, of the Inner Temple, Esq., Barristers-at- Law. 8vo. 1876. 11. 8s. " 'WiUiams on Bankruptcy' is quite satisfactory." — Law Magazine. •' It would be difficult to speak in terms of undue praise of the present work." * * All standard Law Works are kept in Stock, in law calf and other bindingg. A 2 4 snCVExVS AND SONS' LAW PUBLICATIONS. BAR, GUIDE TO THE.— Shear wood. — Fide "Examination Guides." BILLS OF EXCHANGE.— Chalmers' Digest of the La\Ar of Bills of Exchange, Promissory Notes, and Cheq Lies. By M. D. CHALMEllS, of the Inner Temple, Esq. Barrister-at-Law. Demy 8vo. 1878. 12s. (id. •»*This work is in tiie form of the Indian Codes, besides the English Casos it is noted up with reference to the French Law and the German Code, and on doubtful points to the more recent American Decisions; it also contains a taVjle of overruled or doubted cases. "Mr. Chalmers has douo wisely in castinj: his book into its present form, and the plan, thus well conceived, has been most effectually carried out. As a handy book of referenc3 on a difficult and important branch of the law, it is most valuable, and it is perfectly plain thit no pains have been 8p.ired to rendor it complete in every respect. The index is copious and well arranged." — S'Uurdai/ Ri;vici'\ " The book is not only well planned, bat well executed for the rising genera- tions and for men of business this digest will be a gift of no small value." — PalL Mai Gazette. Chitty on Bills of Exchange and Promissory Notes, with references to the law of Scotland, France and America. — Eleventh Edition. By JOHN A. KUSSELL,Esq., LL.B., one of Her Majesty's Counsel, and Judge of County Courts. Demy 8vo. 1878. \l. 8s. Eddis' Rule of Ex parte Waring. By A. C. EDDIS, B.A., of Lincoln's Inn, Barrister-at-Law. Post 8vo. 1876. Net,2s.6d. BILLS OF SALE — Cavanagh.— I7c/e "Money Securities." Millar's Bills of Sale. — A Treatise on Bills of Sale, with an Appendi.x containing the Acts for the Registration of Bills of Sale Precedents, &c. (being the Fourth Edition of Millar and Collier's Treatise on Bills of Sale). By F. C. J. MILLAR, of the Inner Temple, Esq., Barrister-at-Law. ]2mo. 1877. 12s " The original work is l>rought down to date, and the latest cases are referred to and considered. The value of the work is tnhauced throughout by careful annotation." — Law ilagozing. BOOK-KEEPING.— Bedford's Intermediate Examina- tion Guide to Book-keeping. — Second Edition. 12mo, 1875. Net, 2s. M. CANAL TRAFFIC ACT.— Lely's Railway and Canal Traf- fic Act, 1873. — And other Railway and Canal Statutes ; with the General Orders, Forms, and Table of Fees. Post 8vo. 1873. 8s. CARRIERS. — Browne on Carriers. — A Treatise on the Law of Carriers of Goods and Passengers by Land and Water. With References to the most recent American Decisions. By J. H. BALFOUR BROWNE, of the Middle Temple, Esq., Barrister-at- Law, Registrar to the Railway Commission. 8vo. 1873. 18s. CHANCERY, and Vide " EQUITY.'' Daniell's Chancery Practice. — Sixth Edition, by LEONARD FIELD and EDWARD CLENNELL DUNN, Barristers-at-Law; assisted by W. H. UPJOHN, Student and Holt Scholar of Gray's Inn, &c., &c., Editor of " Daniell's Forms, Third I<]dition." 2 vols. 8vo. {In pn^viratioii.) Daniell's Forms and Precedents of Proceed- ings in the Cliancery Division of the High Court of Justice and on Appeal therefroni ; with Dissertations and Notes, forming a complete guide to the prac- tice of the Chancery Division of the High Court and of the Courts of Appeal. Being the Third Edition of "DanieU's Chancery Forms." By WILLIAM HENRY UPJOHN, Esq., Student and Holt Scholar of Gray's Inn, Exhibitioner in Jurisprudence and Roman ■".j^"' AU standard Law IVorls are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. CHANCERY. -Continued. Law in the University of London, Holder of the First Senior Stu- dentship in Jurisprudence, Roman Law and International Law awarded by the Council of Legal Education in Hilary Term, 1879. In one thick vol. Demy 8vo. 1879. 21. 2s. " 'ill: ITpjoliii has restored the vohune of Chancery Forms to tlie place it held Ijefore the recent changes, as a trustworthy and complete collection of precedents. It has all the old merits ; nothing is omitted as too trivial or commonplace ; the solicitor's clerk finds how to indorse a brief, and how, when necessary, to give notice of action ; and the index to the forms is full and persitic.woiis."— SoticUors' Journal. " It will be as useful a wcrk to practitioucrs at Wcstmiusler as it will be to those in Lincoln's Inn." — Law Times. Haynes' Chancery Practice. — The Practice of the Chancery Division of the High Court of Justice and on Appeal therefrom, for the use of Practitioners and Students. — By JOHN F. HAYNES, LL.D. Author of the " Student's Leading Cases," «&c. Demy 8vo. 1879. V.Zs. "Materials lor tnabling the practitioner himself to obtain the information he may require are pI.Tced before him in a convenient and accessible foTm. The arrangement of the work appears t j be yood." — Lmo Magazine and Review, February, ISSO. Morgan's Chancery Acts and Orders. — The Statutes, General Orders, and Kules of Court relating to the Practice, Pleading, and Jurisdiction of the Supreme Cnurt of Judicature, particularly with reference to the Chancery Division, and the Actions assigned thereto. With copious Notes. Fifth Edition. Carefully revised and adapted to the new Practice by GEORGE OSBORNE MORGAN, M.P., one of Her Majesty's Counsel, and CHALONER W. CHUTE, of Lincoln's Inn. Barri.ster-at-Law,and late Fellow of Magdalen College, Oxford. Demy 8vo. 1876. \l. 10s. "Tbis edition of Mr. Morgan's treatise must, we believe, be tlie most popular with the profession." — Lav) Times. Morgan and Davey's Chancery Costs. — Fic^e "Costs." Peel's Chancery Actions. — A Concise Treatise on the Practice and Procedure in Chancery Actions.— By SYDNEY PEEL, of the Middle Temple, Esq., Barrister-at-Law. Demy 8vo. 1878. 7s. (ii/. "To Chancery practitioners of both branches the volume will doubtless prove very useful." — Law Times. CHANCERY PALATINE OF LANCASTER.— Snow and Win- stanley's Chancery Practice. — The Statutes, Consoli- dated and General Orders and Rules of Court relating to the Practice, Pleading and Jurisdiction of the Court of Chancery, of the County Palatine of Lancaster. With Ckipious Notes of all practice cases to the end of the year 1879, Time Table and Tables of Costs and Forms. By THOMAS SNOW. M.A., and HERBERT WINSTANLEY, Esqrs., Barristers-at-Law. Royal 8vo. 1880. (Ncai'li/ recall/.) CIVIL LAW. — Bowyer's Commentaries on the Modern Civil Law.— By Sir GEORGE BOWYER, D.C.L., Royal 8vo. 1848. 18s, Bowyer's Introduction to the Study and Use of the Civil Law.— By Sir GEORGE BOWYEK, D.C.L. Royal 8vo. 1874. 5.1. Cumin's Mariual of Civil l^aw, containina: a Tran.slation of, and Commentary on, the P'ragments of the XII. Tables, and the Insi.itutes of Justinian ; the Te.\t of the Institutes of Gains and Justinian arranged in parallel columns ; and tlie Text of the Frag- ments of Ulpian, &c. By P. CUMIN, M.A., Barrister-at-Law. Second Edition. Medium 8vo. 186,5. _ 18s. *,* All standard Law Worh are kept in Stock, in law calf and other bindin(/s. STEVENS AND SONS' LAW PUBLICATIONS. CIVIL LfiW— Continued. Voet Commentarius ad Paiidectas, Translated into English. — Parti. The Contract of Sale. (Book xviii.) By SIR ROLAND KNYVET WILSON, Bart., of Lincoln's Inn, Barrister-at-La\v. Royal Svo. 1876. IVet 1?. Is. COLLISIONS.— Lovir^ndes' Admiralty Law of Collisions at Sea.— 8vo. 1867. 7s. 6d. Marsden on Maritime Collision. — A Treatise on the Law relating to Collisions between Ships, Compulsory Pilotage, and the Rule of the Road at Sea. With a Summary of English and American Decisions thereon, reference.? to Foreign Law, and an Appendix containing the International Regulations {of 1863 and 1880) for preventing Collisions at Sea ; the Thames, Mersey, and other local Rules of Navigation ; and Extracts from the Merchant Shij^ping Acts. By REGINALD G. MARSDEN, Esq., Barrister-at-Law. {In the press.) COLONIAL LAW. —Clark's Colonial Law.— A Summary of Colonial Law and Practice of Appeals from the Plantations. Svo. 1834. 17. 4s. COMMENTARIES ON THE LAWS OF ENGLAND.— Bedford.— Vide "Examination Guides." Broom and Hadley's Conimentaries on the Lav/s of England.— By HERBERT BROOM, LL.D., of the Inner Temple, Barrister-at-Law ; and EDWARD A. HAD- LEY, M.A., of Lincoln's Inn, Barrister-at-Law ; late Eellow of Trinity Coll., Cambridge. 4 vols. Svo. 1869. 31. 2s. " Messrs. Broom and Hadley have been unsparing: in their editorial labours. There are abundant reference notes, so that the diligent student can consult the authorities if he is so disposed. Nothing that could be done to make the work useful and handy has been left undone." — Lmc Journal. Dickson's Analysis of Blackstone's Commen- taries.— In Charts for the use of Students. By FREDERICK S. DICKSON. 4to. 10s. 6d. COMMERCIAL LAW.— Levi.— FiV/e "International Law." COMMON LAW.— Arehbold's Practice of the Queen's Bench, Common Pleas and Exchequer Divi- sions of the High Court of JiAStice in Actions, etc., in wliich they have a conimon jurisdic- tion.— Thirteenth Edition. By SAMUEL PRENTICE, E.sq., one of Her Majesty's Counsel. 2 vols. Demy Svo. 1879. 37. 3s. Archibald. — Vide "Judges' Chambers Practice." Chitty. — Vide "Forms." Foulkes. — Vide "Action." Fisher. — Fu/c '• Digests." Prentice. — Vide "Action." Smith's Manual of Conimon Law. — For Practitioners and Students. A Manual of Common Law, comprising the funda- mental principles and the points most usually occurring in daily life and practice. By JOSIAH W. SMITH, B.C.L., Q.C. Eighth Edition. 12mo. 1878. 14s. COMMONS AND INCLOSURES.— Chambers' Digest of the Law relating to Commons and Open Spaces, including Public Parks and Recreation Gi'ounds, with various ofBcial documents ; precedents of by-laws and regulations. The Statutes in full and brief notes of leading cases. By GEORGE F. CHAM- BERS, of the Inner Temple, Esq., Barrister-at-Law. Imperial Svo. 1877. 6s. 6d. Cooke on Inclosures.— With Forms as settled by the Inclosure Commissioners. By G. WINGROVE COOKE, Esq., B.arrister-at-Law. Fourth Edition. 12mo. 1864. ICs. *^* All standard Law Worhs are kept in StocJc, in law calf and other hindinrjs. 119, CHANCERY LANE, LONDON, W.C. 7 COMPANY LAW.— Finlason's Report of the Case of Twycross V. Grant. 8vo. 1877. Net,2s. Qd. Palmer.— FicZe " Conveyancing." Palnier's Shareholders' and Directors' Com- panion. — A Manual of every-day Law and Practice for Pro- moters, Shareholders, Directors, Secretaries, Creditors and Solicitors of Companies, under the Companies' Acts, 1862, 1867, and 1877. Second Edition. By FRANCIS B. PALMER, Esq., Barrister-at- Law, Author of "Company Precedents." 12mo. 1880. Net,2s.Qd. Thring.— Ft(?c "Joint Stocks." CONTINGENT REMAINDERS.— An Epitome of Fearne on Contingent Remainders and Executory De- vises. Intended for the Use of Students. By W. M. C. Post 8vo. 1878. Qs. Gd. "An acquaintance with Fearne ia indispensable to a student who desires to be thoroughly grounded lu the common law relating to real property. Such student will find a ].erusal of this epitome of great value to hiui." — Law Journal. CONSTITUTIONAL LAW.— Bowyer's Cominentaries on the Constitutional l_a"w of England. — By Sir GEO. BO^VYER, D.C.L. Second Edition. Royal 8vo. 1846. 1^. 25. Haynes. — Vide " Leading Cases." CONTRACTS. — Addison on Contracts. — Being a Treatise on the Law of Contracts. By C. G. ADDISON, Esq., Author of the " Law of Torts." Seventh Edition. By L. W. CAVE, Esq., one of Her Majesty's Coimsel, Recorder of Lincoln. Royal 8vo. 1875. IZ. 18s. "At present this is by far the best book upon the Law of Contract possessed by the Tiofession, and it is a thoroughly practical book." — Law Times, Leake on Contracts. — An Elementary Digest of the Law of Contracts (being a new edition of " The Elements of the Law of Contracts"). By STEPHEN MARTIN LEAKE, Barrister-at- Law. 1 vol. Demy Svo. 1878. II. 18s. Pollock's Principles of Contract at Law and in Equity ; being a Treatise on the General Principles relating to the Validity of Agreements, -with a speci.al view to the comparison of Law and Equity, and with references to the Indian Contract Act, and occasionally to American and Foreign Law. Second Edition. By FREDERICK POLLOCK, of Lincohi's Inn, Esq.. Barrister-at- Law. Demy 8vo. 1878. 1?. 6s. The Lord Chief Justice in his judgment in Metropolitan Raihray Company y. Brog- den and ot/iers, said, "The Law is w^ell put by Mr. Frederick Pollock in hia very able and learned work on Contracts."— y/ie 7'i/nes. "For the purposes of the student there is no book equal to Mr. Pollock's."— y/jc " He has succeeded in writing a book on Contracts which the working lawyer will find as useful for reference as any of its predecessors, and which at the same time will give the siudeut what he will seek for in vain elsewhere, a complete rationale of the law. — Latv Magazine and Review. " We see nothing to qualify in the praise we bestowed on the first edition. The chapters on unlawful and impossible agreements are models of full and clear treatment."— /SoWciVo) 4' Journal. Smith's Law of Contracts.— By the late J. W. SMITH, Esq., Author of " Leading Cases," &c. Seventh Edition. By VINCENT T. THOMPSON, Esq., Barrister-at-Law. Demy 8vo. 1878. !?• l-"- " We know of few books equally likely to benefit the student, or marked by such dic- tinguished qualities 01 lucidity, order, and accuracy as the work before \xs."—Solicitt every conceivable object. So especially are the forms of memoi-anda and articles oi association ; and these will be found extremely serviceable to tbe conveyancer. . . All the notes have been elaborated with a tlioroughly scientific knowledge of the principles of company law, as well as with copious references to the ca.'^es substantiating tbe principles. . . . We venture to predict that his notes will be found of great utility in guiding opinions on many complicated questions of law and practice. ' — Law Journal. *^* All standard Law Worl'S are Iccpt in Stock, in laxccalf and other bindings. 119, CHANCERY LANE, LONDON, W.C. CONVEY ANCmG. -Continued. Prideaux's Precedents in Conveyancing. — With Dissertations on its Law and Practice. Ninth Edition. By FREDERICK PRIDEAUX, late Professor of the Law of Real and Personal Property to the Inns of Court, and JOHN WHITCOMBE, Esqrs.,Barristers-at-Law. 2 vols. Royal 8 vo. 1879. 3?. 10s. " We have been always accustomed to view 'Prideaux' as the most useful work out on conveyancing:. It combines conciseness and clearness in its precedents with aptness and comprehensiveness in its dissertations and notes, to a degree superior to that of any other work of its kind." — Law Journal, February 8, 1879. '■Prideaux has become an iiidispensahle part of the Conveyancer's library The new ediiion has been edited with a care and accuracy n'f which wo can hardly speak too highly The caie and completeness -svith which the dissertation has been revised leaves us hardly any room lor criticism," — Solicitor' Journal. "Tlie volumes are now sometliiug more than a mere collection of precedents; they contain most valuable dissertations on the law and practice with reference to conveyancing These dissertations are followed by the precedents on each subject dealt with, and are ia theraselvescondeused treatises, embodying all the latest case and statute lasv . . . Having regard to the wide general knowledge required of all lawyers in the present day, such a work as this must prove highly acceptable to the whole Profession." — Law Ti7nes. COPYRIGHT. -Phillips' Law of Copyright.— The Law of Copyright in Works of Literature and Art, and in the Appli- cation of Designs. With the Statutes relating thereto. By CHARLES PALMER PHILLIPS, of Lincoln's Inn, Esq., Barrister-at-Law. 8vo. 1863. 12s. CORONERS.— J ervis on the Office and Duties of Coroners. — With Forms and Precedents. Fourth Edition. {In preparation.) COSTS.— Morgan and Davey's Treatise on Costs in Chancery.— By GEORGE OSBORNE MORGAN, M.P., one of Her Majesty's Counsel, late Stowell Fellow of University College, Oxford, and Eldon Scholar ; and HORACE DAVEY, M.A., one of Her Majesty's Counsel, late Fellow of University College, Oxford, and Eldon Scholar. With an Appendix, containinf Forms and Precedents of Bills of Costs. 8vo. 1865. 1^ Is. Scott's Costs in the High Court of Justice and other Courts. Fourth Edition. By JOHN SCOTT, of the Inner Temple, Esq., Barrister-at-Law, Reporter of the Com- mon Pleas Division. Demy 8vo. 1880. U. Qs. "Mr. Scott's introdwctory notes are very useful, and the work is now a compendium on the law and practice regarding costs, as well as a bock of precedents." — Law Times, Januarys, ISSO Scott's Costs in Bankruptcy and Liquidation under the Bankruptcy Act, 1869. Royal 12mo. 1873. net 3s. Summerhays and Toogood's Precedents of Bills of Costs in the Chancery, Queen's Bench, Common Pleas, Exchequer, Probate and Divorce Divisions of the High Court of Justice, in Conveyancing, Bankruptcy, the Crown Office, Lunacy, Arbitration rnuler the Lands Clauses Consolidation Act, the Mayor's Court, London ; the County Courts, the Privy Council, and on Passing Residuary and Succession Accounts ; with Scales of Allow- ances and Court Fees, the Law Society's Scale of Commission in Conveyancing ; Forms of Affidavits of Increase, and Objections to Taxation. By Wm. FRANK SUMMERHAYS, Solicitor, and THORNTON TOOGOOD. Third Edition, Enlarged. Royal Svo. 1879. 1/. Is. "In the volume before us we have a very complete manual of taxation. The work is beautifully printed and arranged, and each item catches the eye instantly. " — Law Journal. *^* All standard Law Works are heft in Stock, in laio calf and other hindinys. Z A 10 STEVENS AND SONS' LAW PUBLICATIONS. COSTS.— Continued. Webster's Parliamentary Costs. — Private Bills Election Petitions, Appeals, House of Lords. By EDWARD WEBSTER, Esq., of the Taxing and Examiners' Office. Third Edition. Post 8vo. 1867. 205. COUNTY COURTS.— The Consolidated County Court Orders and Rules, 1875, with ForiTis and Scales of Costs and Fees, as issued by the Lord Chancellor and Committee of County Court Judges. Authorised Edition. Super-royal 8vo. 1875. Kct, 3s. Pitt-Lewis' County Court Practice. — A Complete Practice of the County Courts, including Admiralty and Bankruptcj', embodying the Act, Rules, Forms and Costs, with Table of Cases and Full Index. By G. PITT-LEWIS, of the Middle Temjjle and Western Circuit, Esq., Barrister- at-Law, sometime Holder of the Studentships of the Four Inns of Covu-t, assisted by H. A. DE COLYAR, of the Middle Temple, Esq., Barrister-at-I>aw, Author of "A Treatise on the Law of Guaran- tees." {In the press.) CRIMINAL LAW, — Archbold's Pleading and Evidence in Criminal Cases. — With the Statutes, Precedents of Indictments, &c., and the Evidence necessary to support them. By JOHN JERVIS, Esq. (late Lord Chief Justice of Her Majesty's Court of Common Pleas). Nineteenth Edition, including the Practice in Criminal Proceedings by Indictment. By WILLIAM BRUCE, of the Middle Temple, Esq., Barrister-at-Law, and Stipendiary Magistrate for the Borough of Leeds. Royal 12mo. 1878. 1/. lis. 6d. Cole on Criminal Informations and Quo War- ranto.— By W.R.COLE,Esq.,Barrister-at-Law. 12mo. 1843. 12s. Greaves' Criminal Law Consolidation and Amendment Acts of the 24 & 23 Vict.— With Notes, Observations, and Forms for Summary Proceedings. By CHARLES SPRENGEL GREAVES, Esq., one of Her Majesty's Counsel, who prepared the Bills and attended the Select Committees of both Houses of Parliament to which the Bills were referred. Second Edition. Post 8vo. 1862. 16s. Haynes. — Vide " Leading Cases." Roscoe's Digest of the Law of Evidence in Criminal Cases.— Ninth Edition. By HORACE SMITH, Esq., Barrister-at-Law. Royal 12mo. 1878. 1^. lis. 6rf. Russell's Treatise on Crimes and Misdemea- nors.— Fifth Edition. By SAMUEL PRENTICE, Esq., one of Her Majesty's Counsel. 3 vols. Royal 8vo. 1877. 51. 15s. 6d. Tbis treatise is so much more copious than any other upon all the subjects contained in it, that it afifords by far the best means of acquiring a knowledge of the Criminal Law in general, or of any offence in particular ; so that it will be found peculiarly useful as well to those who wish to obtain a complete knowledge of that law, as to those who desire to be informed on any portion of it as occasion may requite. "What better Digest of Criminal Law could we possibly hope for than 'Russell on Ciimee ? ' " — Sir James Fitzjames Stephen's Speech on Codification. "No move trustworthy authority, or more exhaustive expositor than 'KusseU' can be consulted." — Law Magazine and Review. "Alterations have been made in the arrangement of the work which without interfering ■with the general plan are sufficient to show tluit great care and thought have been bestowed We are amazed at the patience, industry and skill which are exhibited in the collection and arrangement of all this mass of learning." — The Times. CROSSED CHEQUES ACT — Cavanagh.— F/r/e "Money Securi- ties." Walker. — Vide " Banking." *,* All standard Law Works are kept in Stock, in law caff and other bindings. s. d. 5 7 5 6 8 7 6 9 6 8 6 6 119, CHANCERY LANE, LONDON, W.C. 11 DECREES.— Seton.— rMe " Equity." DIARY. — Lawyer's Coinpanion (The), Diary, and LaAA/" Directory for 1880. — For the use of the Legal Profession, Public Companies, Justices, Merchants, Estate Agents, Auctioneers, &c., &c. Edited by JOHN THOMPSON, of the Inner Temple, Esq. , Barrister-at-Law ; and contains a Digest of Kecent Cases on Costs ; Monthly Diary of County, Local Government, and Parish Business ; Oaths in Supreme Court ; Summary of Legislation of 1878; Alphabetical Index to the Practical Statutes; a Copious Table of Stamp Duties; Legal Time, Interest, Discount, Income, Wages and other Tables; Probate, Legacy and Succession Duties ; and a variety of matters of practical utility. Published Annually. Thirty-fourth Issue. (Nojv read)/.) The work also contains the most complete List published of Town and Country Solicitors, with date of admission and appointments, and is issued in the following forms, octavo size, strongly boimd in cloth : — 1. Two days on a page, plain ...... 2. The above, interleaved for Attendances 3. Two days on a page, ruled, with or without money columns 4. The above, interleaved for Attendances . 5. Whole page for each day, plain ..... 6. The above, interleaved for Attendances 7. Whole page for each day, ruled, wich or without money columns .... ..... 8. The above, interleaved for Attendances 9. Three days on a page, nded blue lines, without money columns . . ....... 5 TJie Diary contains memoranda of Legal Business throughout the Year. " An excellent work."— TV^c Times. " A publication which has long ago secured to itself the favour of the profession, and which, as heretofore, justifies by its contents the title assumed by it." — Law Journal. " Contains all the information which could be looked for in such a work, and gives it in a jnost convenient form and very completely. We may unhesitatingly recommend the work to our readers." — Solicitors' Journal. " The ' Lawyer's Companion and Diary ' is a book that ought to be in the possession of every lawyer, and of every man of business." "The ' Lawyer's Companion' is, indeed, what it is called, for it combines everything required for reference in the lawyer's office." — Laio Times. '' It is a book without which no lawyer's library or office can be complete." — Jrifh Lewi Times. " This work has attained to a completeness which is beyond all praise. "^J/oi-inVi^ Post. DICTIONARY. — "Wharton's Law Lexicon.— A Dictionary of Jurisprudence, explaining the Technical Words and Phrases employed in the several Departments of English Law ; including the various Legal Terms used in Commercial Transactions. Together with an Explanatory as well as Literal Translation of the Latin Maxims contained in the Writings of the Ancient and Modern Commentators. Sixth Edition. Enlarged and revised in accordance with the JucUcature Acts, by J. SHIRESS WILL, of the Middle Temple, Esq. , Barrister-at-Law, Super royal 8vo. 1876. 2/. 25. "As a work of reference for the library, the handsome and elaborate edition of ■ W barton's Law Lexicon ' which Mr. Shircss Will has produced, must supersede all former i.ssues of that well-known work."— inio Magazine and Revieio. *' No law library is complete without a law dictionary or law lexicon. To the practi- tioner it is always useful to have at hand a book where, in a small compass, he can find an explanation of terms of infrequent occurrence, or obtain a reference lo statutes on most subjects, or to books wherein particular subjects are treated of at full length. To the student it is almost indispensable." — Lavi Times. *,* All standard Law WorJcs are Jceplin Stool, in laiv calf and other bindings. A 1 12 STEVENS AND SONS' LAW PUBLICATIONS. DIGESTS Bedford.— F2c?e " Examination Guides." Chamber's — Vide "Public Health." Chitty's Equity Index. — Chitty's Index to all the Peported Cases, and Statutes, in or relating to the Principles, Pleading, and Practice of Equity and Bankruptcy, in the several Courts of Equity in England and Ireland, the Privy Council, and the House of Lords, from the earliest period. Third Edition. By J. MACAULAY, Esq., Barrister-at-Law. 4 vols. Royal 8vo. 1853. 71. 7s. Fisher's Digest of the Reported Cases deter- mined in the House of Lords and Privy Council, and in the Courts of Common Law, Divorce, Probate, Admiralty and Bank- ruptcy, from Michaelmas Term, 1756, to Hilary Term, 1870 ; with References to the Statutes and Rules of Court. Founded on the Analytical Digest by Harrison, and adapted to the present practice of the Law. By R. A. FISHER, Esq., Judge of the (IJounty Courts of Bristol and of Wells. Five large volumes, royal Svo. 1870. 121. 12s. (Continued Annually.) " Mr. Fisher's Digest is a wonderful work. It is a miracle of human industry." — Mr. Justice Willes. "I tliiuk it would be very diflficult to improve upon ilr. Fisher's 'Common Law- Digest.' " — Sir James Fitzjames Stephen, on Codification. Leake. — Vide "Real Property" and "Contracts,'' Notanda Digest in Law, Equity, Bankruptcy, Admiralty, Divorce, and Probate Cases. — By H. TUDOR BODDAM, of the Inner Temple, and HARRY GREENWOOD, of Lincoln's Inn, Esqrs., Barristers-at-Law. The Notanda Digest, from the commencement, October, 1862, to December, 1876. In 2 volumes, half-bound. Net, 2>l. 10s Ditto, Third Series, 1873 to 1876 inclusive, half-bound. Net, 11. lis. 6d. Ditto, Fourth Series, for the years 1877, 1878, and 1879, with Index. Each, net, 11. Is. Ditto, ditto, for 1880, Plain Copy and Two Indexes, or Adhesive Copy for insertion in Text-Books (without Index). Annual Subscription, jjayable in advance. Net, 21s. *** The numbers are issued regularly every alternate month. Each number will contain a concise analysis of every case reported in the Law Reports, Law Journal, Weikly Reporter, Law Times, and the Irish Law Reports, up to and including the cases contained in the parts for the current month, with references to Text-books, Statutes, and the Law Reports Consolidated Digest. An alphabetical INDEX of the subjects contained in each number will form a new feature in this series. Pollock. — Vide " Partnership." Roscoe's. — Vide " Criminal Law " and " Nisi Prius." DISCOVERY.— Hare's Treatise on the Discovery of Evidence. — Second Edition. Adapted to the Procedure in the High Court of Justice, with Addenda, containing all the Reported Cases to the end of 1876. By SHERLOCK HARE, Barrister-at- Law. Po.st 8vo. 1877. 12s. " The book is a useful contTibutioii to our text-books on practice." — Snliciiors' Journal. " We have read his work «ith considerable attention aui interest, and we can speak iii terms of curdiil praise of the matmer iu which the new procedure has been worked into the old material. ... All the sections and orders of the new legislation are referred to in the text, a synopsis of recent cases is given, and a good index completes the volume." — Law Times. SetOYl.— Vide "Equity." *^* All standard Law Works are lept in Stocl; in law calf and other bindings. 119, CHANCEllY LAIME, LONDON, W.C. 13 DISTRICT REGISTRIES.-Archibald.— Fide "Judges' Chambera Practice." DIVORCE.— Browne's Treatise on the Principles and Practice of the Court for Divorce and Matrimonial Causes: — With the Statutes, Rules. Fees and Forms relating thereto. Fourth Edition. By GEORGE BROWNE, Esq., B.A., of the Inner Temple, Barrister-at-Law, Recorder of Ludlow. {Nearly ready.) Haynes. — Vide "Leading Cases." DOMICIL. — Dicey on the Law of Doniicil as a branch of the Law of England, stated in the form of Rules.— By A. V. UIUEY, B.C.L., Barrister-at-Law. Author of " Rules for the Selection of Parties to an Action." Demy 8vo. 1879. 18s. " Tlie practitioner will fiad the book a tliorou'-'hly exact and trustworthy summary of ihe present state of ihe law."— 77ie Spectator, August 'Jib, 1879. Phillimore's(SirR.) Law of Domicil.— 8vo. 1847. 9^. DUTCH LAW. — Vanderlinden's Institutes of the Laws of Holland.— 8vo. 1828. y. 18«, EASEMENTS.— Goddard's Treatise on the Law of Easements.— By JOHN LEYBOURN GODDARD, of the Middle Temple, Esq., Barrister-at-Law. Second Edition. Demy 8vo. 1877. 16«. "The book is invaluable: where tlie cases are silent the author has taken paius to ascertain whatthe law would he if brought into question."— Zaw Journal. "Nowhere has the subject been treated so exhaustively, and, we may add. so scientifi- cally, as by Mr. Goddartl. We recommend it to the most careful study of the law student as well as to the library of tlie practitioner." — Law Times. ECCLESIASTICAL. — Finlason's Folkestone Ritual Case. — The Judgment of the Judicial Committee in the Folkestone Ritual Case, with an Historical Introduction and brief Notes. By W. F. FINLASON, of the Middle Temple, Esq., Barrister-at-Law. 8vo. 1877. Net, 2s. 6d. Phillimore's (Sir R.) Ecclesiastical La^A^.— The Ecclesia-stical Law of the Chtirch of England. With Supplement, containing the Statutes and Decisions to end of 1875. By Sir ROBERT PHILLIMORE, D.C.L., Official Principal of the Arches Court of Canterbury ; Member of Her Majesty's Most Honourable Privy Council. 2 vols. 8vo. 1873-76. SI. 7s. 6d. *\* The Supplement may be had separately, price 4s. 6d., sewed. ELECTIONS —Bro^^^ne (G. Lathoni.) — riV?e " Registration." FitzGerald.— Fic^e "Ballot." Rogers on Elections, Registration, and Election Agency. — With an Appendix of Statutes and Forms. Twelfth Edition. By F. S. P. WOLFERSTAN, of the Inner Temple, Esq., Barrister-at-Law. 12mo. 1876. 1^. 10s. "The book maintains its reputation as a well arranged magazine of all the authorities on the subject.' — Law Journal. " Jlr. Wolferstan has added a new chapter on Election Agency, which contains a care- ful and valuable digest of the decisions and dicta on this thorny anbie.ct."— Solicitors' Journal. ENGLAND, LAWS OF,— Bowyer.— Vide " Constitutional Law." Brooin and Hadley. — nrfe " Commentaries." Syms' Code of English Law (Principles and Practice) for handy reference in a Solicitor's office. By F. li. SYMS, Solicitor. 12mo. 1870. 16s. *»* All standard Law Worls arc Aepf in StocJc, in lav: calf and other hindin(js. 14 STEVENS AND SONS' LAW PUBLICATIONS. EQUITY, and Vide CHANCERY^ Seton's Forms of Decrees, Judgments, and Orders in the High Court of Justice andCourts of Appeal, having especial reference to the Chancery Division, with Practical Notes. Fourth Edition. By R. H. LEACH, Esq., Senior Registrar of the Chancery Division ; F. G. A. WILLIAMS, of the Inner Temple, Esq. ; and the late H. W. MAY, Esq. ; suc- ceeded by JAMES EAST WICK, of Lincoln's Inn, Esq., Ban-isters- at-Law. 2 vols, in 3 parts. Royal 8vo. 1877 — 79. U. 10s. *** Vol. II., Parts 1 and 2, may be had separately, to complete sets, price each 11. 10s. " Of all the editions of ' Setou ' this is the best. — Solicitors' Journal. " We can hardly speak too highly of the industry and intelligence which have been bestowed on the pi'eparation of the notes." — Solicitors' Journal. "Now the book is before us complete ; and we advisedly say complete, because it has scarcely ever been our fortune to see a more complete law book than this. Exten- •sive in sphei-e, and exhaustive in treatise, comprehensive in matter, yet apposite in details, it presents all the features of an excellent work . . . The index, extend- ing over 278 pages, is a model of comprehensiveness and accuracy." — Law Journal Smith's Manual of Equity Jurisprudence. — A Manual of Equity Jurisprudence for Practitioners and Students, founded on the Works of Story, Spence, and other writers, and on more than a thousand subsequent cases, comprising the Fundamental Principles and the points of Equity usually occurring in General Practice. By JOSIAH W. SMITH, B.C.L., Q.C. Twelfth Edition. 12mo. 1878. 12s. 6d. "There is no disguising the truth ; the propjr mode to use this book is to learu its pages by heart." — Lme Magazine and Review. " It will be found as useful to the practitioner as to the stadeut."— Solicitors' Journal. EXAMINATION GUIDES— Bedford's Guide to the Preli- minary Examination for Solicitors.— Fourth Edition. 12mo. 1874. Net, 3s. Bedford's Preliminary. — Containing the Questions and Answers of the Preliminary Examinations. Edited by E. H. BEDFORD, SoHcitor (No. 15, May, 1871, to No. 48, July, 1879). [Discontinvcd). Seurd, net, each, Is. Bedford's Digest of the Preliminary Examina- tion Questions on EngUsh and Latin, Grammar, Geography, History, French Grammar, and Arithmetic, with the Answers. 8vo. 1875. 18s. Bedford's Preliminary Guide to Latin Grana- naar.— 12mo. 1872. Net, 3s. Bedford's Intermediate Examination Guide to Bookkeeping. — Second Edition. 12mo. 1875. Net,2s.Qd. Bedford's Intermediate. — Containing the Questions and Answers at the Intermediate Examinations. Edited by E. H. BEDFORD. Nos. 1 (Hilary, 1869) to 34 (Hilary, 1877). 6d each. Nos. 35 (Easter, 1877) to 43 (Trinity, 1879). [Discontinued). Is. each, iV^ci. Bedford's Student's Guide to Stephen's New Commentaries on the Laws of England. Demy 8vo. 1879. 12s. " Here is a book which will be of the gi-eatest service to students. It reduces the ' Commentaries ' to the form of question and answer . . . We must also give the author credit, not only for his selection of questions, but for his answers thereto. These are models of fulness and conciseness, and lucky will be the candidate who can hand in a paper of answers bearing a close resemblance to those in the work before vs."— Law Journal. Bedford's Student's Guide to Smith on. Con- tracts. Demy 8vo. 1879. 3s. 6(^. %* AH standard Latv IT oj'^s are kept in Stock, in law coif and other bindings. 119, CHANCERY LANE, LONDON, W.C. 15 EXAMINATION G[i\DES -Continued. Bedford's Pinal.— Containing the Questions and Answers at the Final Examinations. Edited by E. H. BEDFORD. Nos. 1 (Easter, 1869) to 33 (Easter,] 1877). del. each. Nos. 34 (Trinity, 1877) to 42 (Trinity, 1879). Is. each, Net. (Discontinued.) Bedford's Final Examination Digest : containing a Digest of the Final Examination Questions in matters of Law and Procedure determined by the Chancery, Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice, and on the Law of Real and Personal Property and the Practice of Conveyancing. In 1 vol. Svo. 1879. 16s. " Will furnish students with a large armoury of weapons with which to meet the attacks of the examiners of the Incorpoi'ated Law Society.'' — Lai'j Times, Nov. S, 1879. Bedford's Final Examination Guide to Bank- ruptcy.— Third Edition. 12mo. 1877. 6s. Bedford's Outline of an Action in the Chan- cery Division. 12mo. 1878. Net, 2s. 6d. Butlin. — Vide " Articled Clerks." Dickson's Analysis of Blaekstone's Coinmen- taries. — Li Charts for the use of Students. By FREDERICK S. DICKSON. 4to. 10s. Gd. Haynes. — Vide "Leading Cases." Rubinstein and Ward. — FiWe " Articled Clerks." Shearwood's Student's Guide to the Bar, the Solicitor's Intermediate and Final and the Universities Law Examinations. — With Suggestions as to the books usually read, and the passages therein to which attention should be paid. By JOSEPH A. SHEARWOOD, B.A., Esq., Barrister-at-law, Author of " A Concise Abridgment of the Law of Real Property," &c. Demy Svo. 1879. 5s. 6d. "A work which will be very acceptable to candidates for the various examinationa, any student of average inielligeuee who couscientiously follows the path and obeys the instructions given him by the author, need not fear to present himself as a candidate for any of the examinations to which this book is iatended as a guide." — Late Journal. EXECUTORS.— Williams' Law of Executors and Ad- ministrators.— By the Rt. Hon. Sir EDWARD VAUGHAN WILLIAMS, late one of the Judges of Her Majesty's Court of Common Pleas. Eighth Edition. By WALTER VAUGHAN WILLIAMS and ROLAND VAUGHAN AVILLIAMS, Esqrs., Barristersat-Law. 2 vols. Eoyal Svo. 1879. 3/. 16s. " A treatise which occupies a unique position and which is recognised by the Bench and the profession as having paramount authorii;y in the domain of law with which it deals." — La.io Journal. EXECUTORY DEVISES.— Fearne.— F«Ze "Contingent Remainders." FACTORY ACTS.— Notcutt's Law relating to Factories and Workshops, with Introduction and Ex- planatory Notes. Second Edition. Comprising the Factory and Workshop Act, 1878, and the Orders of the Secretary of State made thereunder. By GEO. JAR VIS NOTCUTT, Solicitor, formerly of the Middle Temple, Esq., Barrister-at-Law. 12mo. 1879. 9s. "The task of elucidating the jsro visions of the statute is done in a manner that leaves nothing to he desired." — Birmingham Daily Oaxette. FARM, LAW OF. — Addison ; Cooke. — Vide "Agricultural Law." Dixon's Law of the Farm — A Digest of Cases connected with the Law of the Farm, and including the Agricultural Customs of England and Wales. Fourth Edition. By HENRY PERKINS, Esq., Barrister-at-Law and Midland Circuit. Demy Svo. 1879. 1^. 65 " It is impossible not to be struck with the extraordinary research.that must have been used in the compilation of such a book as this." — Law Journal. %* All standard Laxo WorJcs are Icevt in Stock, in laiv calf and other iindings. 16 STEVENS AND SONS' LAW PUBLICATIONS. FINAL EXAMINATION DIGEST.-Bedford.— Hc/c " Examination Guides." FIXTURES. -Amos and Ferard on Fixture?.- Second Edition. Royal 8vo. 1847. 16.'i. FOREIGN JUDGMENTS.— Piggott's Foreign Judgments, their effect in the English Courts, the English Doctrine, Defences, Judgments in Rem, Status.— By F. T. PIGGOTT, M.A., LL.M., of the Middle Eoyal 8vo. 1879. 15s. " A useful and wei]-timed volume." "Mr. Piggott writes under strong conviction, but he is always caiefal to rest his arguments on avitliority, and thereby adds considerably to the value of his handy volume. " Law Mofjuziiu ami Revieta, August and November numbers, 1S79. " W. Figgott donne a, I'dtude de Tune des questions les plus complexes du droit inter- national pnve une forme tout nouvelle : il applique dans toute sa rigueur la metliode des sciences exactes, etne recule jsas devant I'emploi des formules algebriqups. C'e'tait la une tentative perilleu:jugh- out the text ; but they are in a distinct type, and therefore the reader always knows whether he is reading Wheaton or Boyd. The Index, which could not have been com- piled without much thought and labour makes the book handy for reference, and, consequently, valuable to public writers, who iu these days have frequently to refer to International Law." — Law Journal. " Students who require a knowledge of Wheaton's text will find 3Ir. Boyd's volume very convenient." — Laio Magazine. Wildman's International Law. — Institutes of Inter- national Law, in Time of Peace and Time of War, By RICHARD WILDJIAN, Barrister-at-Law, 2 vols. 8vo. 1849-50, 1^, 2s. Qd. JOINT OWNERSHIP.-Foster.— T7cfe " Real Estate." *^* A U standard Law TFo?'A:s arc kept in Stoclc, in law calf nnd other bindings. 18 STEVENS AND SONS' LAW PUBLICATIONS. JOINT STOCKS.— Palmer.— Fide " Conveyanciug " and "Company Law." Thring's (Sir H.) Joint Stock Companies' La-w.— The Law and Practice of Joint Stock and other Public Companies, in- cluding the Statutes, with Notes, a Collection of Precedents of Memoranda and Articles of Association, and all the other Forms required in jNIakins, Administering, and Winding-up a Company. By Sir HENRY ^THEING, K.C.B., The Parliamentary CounseL Third Edition. By G. A. R. FITZGERALD, Esq., Bamster-at- Law, and Fellow of St. John's College, Oxford. 12mo. 1875. 1?. "This, as the work of the original draughtsiuau of the Companies' Act of 1862, and well-known Parliamentary counsel, Sir Heury Thring is naturally the highest authority on the subject." — 77j« Times. Jordan's Joint Stock Companies. — A Handy Book of Practical Instructions for the Formation and Management of Joint Stock Companies. Sixth Edition. 12mo. 1878. Net, 2s. 6d. JUDGES' CHAMBERS PRACTICE.— Archibald's Forms of Summonses and Orders, \\-ith Notes for use at Judges' Chambers and in the District Registries. By W. F. A. ARCHI- BALD, M.A., of the Inner Temple, Barrister-at-Law. Royal 12mo. 1879. 12s. 6d. " The work is done most thoroughly and yet concisely. The practitioner will find plain directions how to proceed in all the matters connected with a common Law action, interpleader, attachment of debts, mandamus, injunction — indeed, the whole jurisdiction of the common law divisions, in the district registries, and at Judges' chambers." — La>c Times, July 26, 1S79. " A clear and well-digested vade n.ecum, which will no doubt be widely used by the profession.'' — Law Magazine, November, 1S79. JUDGMENTS.— Piggott.— Fide "Foreign Judgments." "Walker's Practice on Signing Judgment in the High Court of Justice. With Forms. By H. H. W^ALKER, Esci., of the .Judgment Department, Exchequer Division. Crown 8vo. 1879. 4s. 6d. "The book undoubtedly meets a want, and furnishes information available for almost every branch of practice." "We think that solicitors and their clerks will find it extremely useful." — Laic Journal. JUDICATURE ACTS.— Leys' Complete Tinae-Table to the Rules under the Supreme Court of Judi- cature Act, 187S. Showing all the periods fixed by the Rules ■within or after which any proceedings may be taken. By JOHN KIRKWOOD LEYS, M.A, of the Middle Temple, Esq., Barrister- at-Law. Royal 8vo. 1875. Net, Is. 6d. Lynch and Smith's Introduction to the Final Examination. — Being a collection of the questions set by the Incorporated Law Society, -ndth the answers adapted to meet the recent extensive alterations made by the JUDICATURE ACT, 1873. By H. FOULKS LYNCH, SoUcitor, and ERNEST AUGUSTUS SMITH, SoUcitor, Clifford's Inn, Prizeman ; Senior Prizeman of the Incorporated Law Society, and Brodrip Gold Medalist, 1872. Vol. I. The Principles of the Law. Post 8vo. 1874. 12«. Lynch"s Epitome of Practice in the Supreme Court of Judicature in England. With References to Acts, Rules, and Orders. For the Use of Students. Fourth Edition. Royal 8vo. 1878. Net, Is. Morgan. — Vide "Chancery." Stephen's Judicature Acts 1873, 1874, and 187S, consolidated. With Notes and an Index. By Sir JAMES FITZJAMES STEPHEN, one of Her Majesty's Judges. 12mo. 1875. 4s. 6d. **' All standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 19 JUDICATURE ^C^S. -Continued. "Wilson's Supreme Court of Judicature Acts, Appellate Jurisdiction Act, 1876, Rules of Court and Forms. With other Acts, Orders, Rules and Regulations relating to the Supreme Court of Justice. With Practical Notes and a Copious Index, forming a Complete Guide TO THE New Practice. Second Edition. By ARTHUPv, WIL- SON, of the Inner Temple, Banister-at-Law . (Assisted by HARRY GREENWOOD, of Lincoln's Inn, Barrister-at-Law, and JOHN BIDDLE, of the Master of the Rolls Chambers.) Royal 12mo. 1S7S. (pj:). 726.) 18s. (In limp leather for the pocket, 22s. 6fZ.) *^* A LAKGE PAPER EDITION OP THE ABOVE (for marginal notes). Royal 8vo 1S7S. [In limp Leather or calf, 30s.) 1?. 5s. Rules of the Supreine Court, Nov., 1878, and March, 1879. (Forming a Supplement to the above.) Each Zd, "Asresrards Mr. Wilsou's notes, we can only say that they are indispensable to the proper understanding of the new system of procedure. They treat the principles upon which the alterations are based with a cleariiet in Stocl; in laio calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 23 NAVY. — Thring's Crirainal Law of the Navy, with an Introductory Chapter on the Early State and Discipline of the Navy, the Rules of Evidence, and an Appendix comprising the Naval Discipline Act and Practical Forms. Second Edition. By THEODORE THRING, of the Middle Temple, Barrister-at-Law, late Commissioner of Bankruptcy at Liverpool, and C.E. GrIFEORD, Assistant-Paymaster, Royal Navy. 12mo. 1877. 12s. 6c?. "A full series of forms of warrauts, minutes, charges, &o., and a good Index, complete the utility of a work which should be in the hands of all who have to deal with the regu- lating and governing of the Fleet." — Law Magazine. " In the new edition, the procedure, naval regulations, forms, and all matters con- nected with the practical administration of the law have been classified and arranged by Mr. Gifford, so that the work is in every way useful, complete, and up to date." — Naval and Military Gazette. NISI PRIUS.— Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius. — Fourteenth Edition. By JOHN DAY, one of Her Majesty's Counsel, and MAURICE PO\VELL, Barrister-at-Law. Royall2mo. 1879. 2?. {Bound in one thich volume calf or circuit, 5s., or in tioo convenient vols. calf or circuit, 9s. net, extra.) " The task of adapting the old text to the new procedure v^as one requiring much patient labour, careful accuracy, and conci.seness, as well as discretion in the omission of matter obsolete or imuecessary. An examination of the bulky volume before us affords good evidence of the possession of these qualities by the present editors, and we feel sui-e that the popularity of the work will continue unabated under their cjnscientious care." — Law Magazine. Selwyn's Abridgment of the Law of Nisi Prius.— Thirteenth Edition. By DAVID KEANE, Q.O., Recorder of Bedford, and CHARLES T. SMITH, M.A., one of the Judges of the Supreme Court of the Cape of Good Hope. 2 vols. Royal 8vo. 1869. {Published at 21. 16s.) Net, 11. NOTANOA.— FeVZe "Digests." NOTARY. — Brooke's Treatise on the Office and Prac- tice of a Notary of England. — With a fuU collection of Precedents. Fourth Edition. By LEONE LEVI, Esq., P.S.A., of Lincoln's Inn, Ban-ister-at-Law. 8vo. 1876. 11. 4s. NUISANCES.— FitzGerald.— Fwie "PubUc Health." OATHS. — Braithwaite's Oaths in the Supreiiie Court of Judicature. — A Manual for the use of Commissioners to Administer Oaths in the Supreme Court of Judicature in England, Part I. containing practical information respecting their Appoint- ment, Designation, Jurisdiction, and Powers ; Part II. comprising a collection of officially recognised Forms of Jurats and Oaths, with Exi^lanatory Observations. By T. W. BRAITHWAITE, of the Record and Writ Clerks' Office. Fcap. 8vo. 1876. 4s. 6d. " Specially useful to Commissioners."— Z,aw Magazine. " The work will, we doubt not, become the recoj-'uised guide of commissioners to administer oaths." — Solicitors' Journal. PAKTITION.-Foster.— FfWc "Real Estate." PARTNERSHIP.— Pollock's Digest of the Law of Part- nership. By FREDERICK POLLOCK, of Lincoln's Inn, Esq., Barrister-at-Law. Author of " Principles of Contract at Law and in Equity." Demy 8vo. 1877. 8s. 6cf. *^* The object of this work is to give the substance of the Law of Partnership (excluding Companies) in a concise and definite form, "Of the execution of the work, we can speak in terms of the hi^liest praise. The language is simple, concise, and clear; and the general propositionsmay bear comparison with those of Sir James Stophen." — Law Magazine. " Mr. Pollock's work appears eminently satisfactory . . . the book is praisewortby in design, scholady and complete in execution." — Saturday Review. " A few more books written as carefully as the ' Digest of the Law of Partnership,' will, perhaps, remove some lirawbacks. and render English law a pleasanter and easier subject to study than it is at iiresent." — The Examiner. *»* All standard Laio Works are kept in Stock, in law calf and other bindings. 24 STEVENS AND SONS' LAW PUBLICATIONS. PATENTS.— Hiiidmarch's Treatise on the La^w rela- ting to Patents. — 8vo. 1S4G. 11. Is. Johnson's Patentees' Manual ; being a Treatise on the La^A^ and Practice of Letters Patent, especially intended for the use of Patentees and Inventors.— By JAMES JOHNSON, Ban-ister-atLaw. and J. H. JOHNSON, Solicitor and Patent Agent. Fourth Edition. Thoroiieci;illy on the Vendor and Piuchasor Act, and the Settled Estates Act, are likely to be useful to the practitioner ... so fai- as we have tested them, the statements appear to be generally accurate and carefid, and the work will be fomid exceedingly h:mdy for reference.' — Solicitors' Journal. " Air. Greenwood's book gives such oV the provisions of the amended statutes as are gtiU in force, as well as the provisions of the new statutes, in order to show mere clearly the effect of "the recent legislation."— X'^'f Journal. Leake's Elementary Digest of the Law of Pro- perty in Land.- — Containing : Introduction. Part I. The Sources of the Law.— Part II. Estates in Land. By STEPHEN IklAPTIX LEAKE, Barrister-at-Law. Svo. 1874. II. 2s. ♦ * The above forms a complete Introduction to the Study of the Law of Real Property. Shearwood's Real Property.— A Concise Abridgment of the Law of Real Property and an Inti-oduction to Conveyancing. Desicmed to facilitate the subject for Students preparing for Examination. By JOSEPH A. SHEARWOOD, of Lincohi's Inn, Esq. , Barrister-at-La-w. Demy Svo. 1878. 6s. 6 Supplement, > *^* The above Work is now completed. " * AU standard Lavj Works are Icpt in Stocl; in law calf and other lindings. 1 9?. 9s. 1235-1685 . U. Is, . Od. 1688-1770 . 1 1770-1800 . 17 1801-1811 . 18 1812-1823 . 1 5 1824-1831 . 1 6 1831-1836 . 1 10 1837-1842 . 1 12 6 1843-1846 . 1 11 6 1847-1850 . 1 7 6 1851-1853 . 1 4 1854-1856 . 1 6 1857-1861 . 1 10 n 1862-1865 . 1 10 1866-1S67-S 1 10 6 119, CHANCEllY LANE, LONDON, W.C. 20 STATUTES.— C«iress.) Daniell's Chancery Practice.-Si.x^th Edition. — By L. Field and £. C. Dunn, Esqrs., Barristersat-Law. Assisted by TF. H. Upjohn, Esq., Student and Holt Scholar of Gray's Inn, &c.. Editor of the Thii-d Edition of "Daniell's Forms." Marsden on Maritime Collision. — A Treatise on the Law relating to Collisions between Ships, Compulsory Pilotage, and the Kule of the Road at Sea. With a Siunmarj^ of English and Ameri- can Decisions thereon, references to Foreign Law, and an Appendix containing the International Regulations (of 1863 and 1880) for pre- venting Collisions at Sea ; the Thames, Mersey, and other Local Rules of Navigation ; and Extracts from the Merchant Shipping Acts. By Re'jinald G. Marsden, Esq., Barrister-at-Law. (/« tJie press.) Pitt - Le^wis' County Court Practice. — A complete Practice of the Coimty Courts, including Admiralty and Bank- ruptcy, embodying the Act, Rules, Forms, and Costs, with Table of Cases and full Index. By G. Pitt-Lewis, of the IMiddle lemple and Western Circuit, Esq., Barrister-at-Law, sometime Holder of the Studentships of the Four Inns of Court, assisted hj II. A. de Colyar, of the Middle Temple, Esq., Barrister-at-Law, Author of " A Treatise on the Law of Guarantees." (Xiarli/ read;/.) Prentice's Proceedings in an Action in the Queen's Bench, Common Pleas, and Exche- quer Divisions of the High Coux^t of Justice. Second Edition. By Samuel Prentice, Esq., one of Her Majesty "s Counsel. (In the press.) Shirley's Leading Cases in Common Law made Easy. By TF. Shirlei/ Shirlei/, M.A., Esq., Bari-ister-at-Law, Xorth Eastern Circiut. {//( the press.) Smith's Treatise on the Law of Negligence. By Horace Smith, of the Inner Temple, Esq., Barrister-at-Law, Author of " The Law of Landlord and Tenant," Editor of Roscoe's " Criminal Evidence." (Xearb/ readi/.) Stone's Practice for Justices of the Peace, Justices' Clerks, and Solicitors at Petty and Special Sessions, &C. Ninth Edition. By F. G. Templer, of the Inner Temple, Esq., BaiTister-at-Law, Editor of "The Summaxy Jurisdiction Act, 1879." STEVENS AND SONS, 119, CHANCERY LANE, LONDON, W..C. Sec also Calalorjue at end of this Volume. STEVENS AND SONS, 119, CHANCERY LANE, W.C. Bedford's Guide to Stephen's New Commentaries on the Laws of England, By QUESTION AND ANSWER. 8vo. 1879.' Price I2s. cloth. " Here is a book which will be of the greatest service to students." — Law Journal. Bedford^s Final Examination Digest.— Containing a Digest of tlie Final Examination Questions in matters of Law and Procedure determined by the Chancery, Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice ; and on the Law of Real and Personal Property ; and the Practice of Conveyancing. By EDWARD HENSLOWE BEDFORD, SoUcitor. Author of " The Guide to Stephen's Commentaries," &c. 8vo. 1879. Price 16s. cloth. Haynes' Student's Leading Cases.— Being some of the Principal Decisions of the Courts in Constitutional Law, Common Law, Conveyancing and Equity, Probate and Divorce, Bankruptcy, and Criminal Law. With Notes for the use of Students. By JOHN F. HAYNES, LL.D. Demy 8vo. 1878. PricelGs. cloth. " Will prove of great utility, not only to Students, but Practitioners. The Notes are clear, pointed and concise." — Law Times. Foulkes' Elementary View of the Proceedings in an Action in the Supreme Court. — Founded on " Smith's Action at Lavt." By "W. D. I. FOULKES, Esq. Second Edition. 12mo. 1879. Price 10s. 6d. cloth. Greenwood's Manual of Conveyancing,— A Manual of the Practice of Conveyancing, showing the present Practice relating to the daily routine of Conveyancing in Solicitors' OflSces. To which are added Concise Common Forms and Precedents in Conveyancing, Conditions of Sale, Conveyances, and all other Assurances in constant use. Fifth Edition. By H. N. CAPEL, B.A., LL.B., Solicitor. Dermj 8vo. 1877. Price 15s. cloth. " The information under these heads is just of that ordinary practical kind which is learned from experience, and is not to be gathered from treatises. A careful study of these pages would probably arm a diligent clerk with as much useful knowledi,'e as he might otherwise take years of desultory questioning and observing to acquire.' — Solicitors' Journal. Smith's Real-Md Personal Property. — A Compendium of the Law of Ke«tl*and Personal Property, primarily connected with Conveyancing. Designed as a ^cond book for Students, and as a digest of the most useful learning for Practitioners, '"^y JOSIAH W. SMITH, B.C.L,, Q.C. Fifth Edition. 2 vols. Bemy 8vo. ISTT-J Price 21. 2s. cloth. "He has given to-the student a book which he may read over and over again with profit and pleasure." — Laio 'Times. Greenwood's Recent Real Property Statutes.— Comprising those passed during the years 1874-1877 inclusive. Consolidated with the Earlier Statutes thereby Amended, and a Supplement containing the Orders under the Settled Estates Act, 1878. With Copious Notes. By HARRY GREENWOOD, M.A., of Lincoln's Inn, Esq., Ban-ister-at-Law. Demy Svo. 1878. Price 10s. cloth. '• To Students particularly this collection, with the careful notes and refereuces to previous Legisla- tion, will be of considi'rable value The cases are fully noted up, and the Index has evidently been prepared with much c^re."—Latp Times. Pollock's Principles of Contract at Law and in Equity- Being a Treatise on the General Principles concerning the Validity of Agreements, with a special view to the comparison of Law and Equity ; and with references to the Indian Contract Act, and occasionally to Roman, American, and Coutinental Law. Second Edition. By FREDERICK POLLOCK, of Lincoln's Inn, Esq., Barrister-at- Law. Demij 8vo. 1878. Price 11. 6s. cloth. Wharton's Law Lexicon, or Dictionary of Jurisprudence, Explaining the Technical Words and Phrases employed in the several Departments of English Law; including the various Legal Terms used in Commercial Business; vsdth an Explanatory as well as Literal translation of the Latin Maxims contained in the Writings of the Ancient and Modern Commentators. Sivtli Edition. Revised in accordance with the Judicature Acts, by J. SHIRESS WILL,, of the Middle Temple, Esq., Barrister-at-Law. Super-royal Sw. 1876. Price 21. 2s. cloth. " As a work of reference for the library, the handsome and elaborate edition of ' Wharton's Law Li'xicon ' which >1r. Shire Ww^es^P^rf other hindirjjs^. ^2^t\mmt'0¥ CALIFORNIA s & .i3rtEDKIVK%. ^IDSANCE^f^ AOFCAtlFOft^ ^ 2< ! ? ^OF-CAUF(% ^OFCAtlFO^ .5MFUN(VER% ea ^lOSAHCfUf> ^JJUDW-SOl^ %aJAWfl-3ftV^ ^, . aweuniver^ ©Aavaai># ^fSTaonvsoi'^ g c^ .5J\EUNIVER%. ^IDS-ANCE^r^ ^5MEUNIVER% 3 ^'EUBRARYQ^- ^tllBRARYQr %)jnvjjo'^^ '^AOJiivjjo"^ ^.OFCAllFORjk ^.OFCAllFOfl'^ ^iJUQNVSOl'^ "^/SajAIHOl^^ ^(^Aavnaivi^ 5^lUBRARY(?^ -<^1-UBRARY<7a, AWEUNIVERSyA ^itfOinvDio'^ ^-aojnvDjo^ "^uqnvsoi^ %a3AiN(HftV^ ^OFCAUFOft^ ^OFCAUFORjl^ ^ 6 ^lOSANCEUr^ o _i so I ^/SiaMNQ-3W^ ^OF-CAllFOff^ ^0( AA 000 918 745 '^^AlSvJjUH^ ^(^AHYMn^^ <<^3KVS01'^ 5 I ^-aOilTVDJO^ ^OFCAIIFO^>(^ ^5»M)NIVER% "^OiUivaan^ <<3U3kvsov'<^ aofcaufo% ^ s ^ Q 5» &Aav8an# "^JTiUaNVSOV"^ ^lllBRARYOr 1^ <« 4 >i^ "C / ^OFCAUFORf^ ^