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I II A< Kl B, \ IMM, & I ..... BOMBAY. GEORGE ROBERTSON, MELBOl RNE. Ib77. T L43?Jlc !■••.■• i- K i n i I D B v BOWO i: i n \ I D I, man FIOLBORM. THE RIGHT HONOURABLE HUGH MacCALMONT BARON CAIRNS, lurii fiigji if tardier of . W 1 T II HIS LORDBH IP's PERMISSION, RESPECT! [ i.\,\ DEDICATED 1;Y /'///. AUTHOR. I ( ONTENTS. I'm B0D1 i i ION BE OF SUIT WllAi Pm i. PABTH toM Ai i, 1 PAGI I iB S ai i I 1 -- i l ID OF l\\i; lLH Bl I IWNEBS "I' A MoiKTV kWD DPWJ THE PBOPEETY (4TB SECT.) When nil, i'ai:i \ Minobits (8hd am i -.) OB 9ALE 1!V A MlNOBlTt, I TION OB Sal: i - .... Account of Rents and Pbofits i-.v Tbnani tea Libebty to BID (i £ ) Application of tab Tbustee Act, 1850 A.FPLN Leading Cases ■ AI i'I'A'DIN TABLE OF CASES, A. Fairfax, 17 Ves. jnn. 542, 66 Allnatt, p. 7 Arnold v. Dixon, L. K . 19 Eg. 118 Aston p. Meredith, L B , 18 Eq. 192 PAGE .. 112 .. 16 . . 27 92, 107 B. Bailey p. Bobaon, I- i:.. 5 Ch. App. 180 Raring r. \:i-li, 1 V'i's. & 1>. .">") 1 .. Baaneti p. Moxon, 20 Eq. 182 l$irks p. BilTerwood, L. K.. II Eq. 101 •• B i ia p. Camilleri, L B., 3 P. C. Cas Bowra p. Wright, 1 De G. & Sm. 266 .. Brooke v. Hertford, 2 Peere Wma 618 •• Hurt p. Hellyar, L R, it Eq. 160 61 , 107 61 11 8 39 1: .', 106 c. Calmady p. Calmady, 2 Vea. jnn. 568 Cannell p. .T hnson, 1 1 Eq. 11 Cartwright p. Pnlteney, 1 Atkina, 380 Cattley p. Arnold, 1 Kay & J. 595 Coke upon Littleton, p. 1648 p 165a p. 1 67 a p. 172 a p. 176ft - ( iase, 1 Coke's Rpp. 87 • • Cornish p. Guest, 2 Cox, 27 Crowther p. Crowther, l 1 :: BeaT. 306 . 9, 100, 112 . Ill . 60 . 21 . 26 . 16 . 18 . 23 . 115 • • . • . 17 I). Daniell'8 Chancery Practice, 5th ed. 1158 Davey p. Wietlisbach, L. K . 16 Eq. 269 Dillmi p. Coppin, 6 BeaT. 217 Dormer v. Forteacne, 3 Atkina, 124 Drinkwater p. Ratcliffe, L. B.,20 Eq. 628 .. 583 • , Pemberton, 2nd ed. ."-74 . . 76 .. 18 . . 17 28, 13 VIII I I "I I \ I Karl nf KUda Kffingham ' 101.. i. . a, I. 1; . 9 l j 109 , 6Ch. App. 840 16 :.:. 104 I- I rthtunons v\*> Tk. 248 . . Fitsherbert, S.B., Folej . i.. i; . I Ch. Dh • , I. R., 13 Eq. 178 i. . I., i; . 20 Bq. 169 16 27,91 II r. Gaskell,6 Sim. 648 .. ■ I p. Williams, L. K.. 8 Bq. 194; L. R. Grifflee p. Griffies i >mj ii, I B Bq. B87 Ch. App. 646 . II. . Robinson, 9 Ch. App. 37 I . • Hanbnry r. liu--. \ . 1 1 Bear. 162 Harper «. Bird, before V.-c. Hall, 17th April, Henderson p. Bason, 16 Bim. 806; 2 Phil. 808; 7i)l ,2 Phil. 308 Hicks p. Sallitt, 3 De G., M. & G.803 .. D -. 1.. K , 18 Bq. 280 Sin. 461 I ■ - 184 -. Re, 3 Kaj & J. 218 li md p. Holland, L R., 18 Eq. 106 •• Horncastle p. Charlesworth, 11 Sun. 816 Hum r. Ilurrv, L K , 1" Bq. 846 Hyde e. Hindlej - 1876 ■• 26, lixi .. 19 . . '.'7 12 Q. B. 986; 17<> 15. .. 19 .. . . 26 .. 92 92 .. 18 .. 11 .. 102 I Ird. XVI!., Role 2 II. 1 .. 12 Land. I 118, 111 TABLE "I « i\ Lorimer v. Lorimer, 6 Mad I I l . I., tt.,7 Eq. 126 -, L. K„ 7 Eq. 127 PAGE . .,1 . 98 M Matthews o. Bishop of Bath and Wells, 2 Dick. 621 Meredith v. Hampden, 1876, M. 176 Mildmaj v. Quit ke, L. R., 20 Eq. 587 Miller v. Marriott, L. R., 7 Eq. I v. Wannington, 1J. & W. 498 M«Mahon r. Burchell, 2 Phil. L81 Moor v. Onslow, Cro. Eliz. 759 .. .. 20 . . 66 .. ill . . 52 .. 18 N. Nevis v. Lei ine Newbnrgh v. Bickerstaffe, 1 Vera. 295 North r ( loinan, Beatt] . '■'< 12 109 17 15 0. Osborne p. Osborne, L. R., 6 Eq. 338 :;:., 1 1 1 1'. Parker v. Gerrard, Ambler, 236 .. Partition Act, Sect. 7. 1876 Sect. 9, 1868 Sect 12, 1868 Pascoe v. Swan, 27 Beav. 508 Pemberton v. Barnes, L. R., 6 Ch. App. 685 ,2nd ed. p. 666 , 2nd ed. p. 574 Pennington v. Dalbiac, lfl W. R. 684 .. Peters v. Bacon, L R., ^ ; Eq. 125 Powell r. Powell, 1" Ch. App. 180 , lOCh. App. 136 Pryor v. Pryor, L. R., 19 Eq. 595; 10 Ch. App. U59 .. L09 . . 12 . 61 .. 10 .. 16 .. 96 , 71' 76 .. 102 36 . . 94 Qneen p. Pachess of Bacclengh, 6 M< d. 160 19 K. Rawlinson o. Miller, L. R., 1 Ch. D. 5S Roebuck v. Chadebet, L. R., 8 Eq. L27 Rowlands o. Evan . 302 i \r.i i "i c isi -. i. I i. . ; < i> I'M LII Eq 108 ;;i Hen. 8, c 1 .. .. c 18 ". . . \ 12, L8 ■• . . 18 l i 192 ii, 2 You. & I -U. 686 Swan . SI 8 118 1 '.i I '.i II 101 T Taddr, Re, L.R.. 161 . Ma, L. K., II Eq. 218 33 Bea\ . 634 I !.:!.!.. i;., 17 Eq. II"- • • Tnckfield v. Boiler, Ambler, 197 • ■ Ves. jun. I 18; 11 \ in. 145 i 2 Si m- & 8. 1 42 . . .. M .. 18 .. .. 11 .. 39 i. 167 • 17. B7, !■"•. 68 .. u I. !;.. 16 Eq. 1 I • - Williama v. G , L. R, 10 Cb. App. 204 . Pemberton, 2nd ed. 576 Will .... .. L8 29, 31, .. .. 72 THE PARTITION ACT, 1808. INTBODUCTION. Tins Act relates to land held by two or more persons as coparceners, tenants in common or joint tenants; and the chief object of the enact- ment is not partition, which means the division of the property in specie, but its conversion by sale, and a division of the proceeds of sale amongst the several persons entitled. The title of the act, though at first sight it may be considered inapplicable, is nevertheless strictly to be justified; for the court is only authorized to make the requisite order for sale in an action for partition. Moreover, sections 9 to 12 relate not only to those cases where a sale is sought, but to partition actions proper, and are in fact equally serviceable in both classes of actions. L. B ;\ l U0D1 ( HON. State of the Lawbefon L868. i :i law. 1 -. .-. I. \i common law partition could only be com- pelled between parceners; but by the Btatutea of 31 Hen. S, <•. I, and 32 Hen. 8, c. 32, tin' righl to claim a partition was given to every tenant in commoD or joint tenant of manors, lands, tene- ments, ami hereditaments. The first »>f those acts recited several of the inconveniences of enforced partnership (a) in land, stating that nunc <»i' the owners knew their several portions, and could nol l>\ the law- of the realm otherwise occupy or take the profits of the same, or make anv severance, division, or partition thereof, without either of their mutual assents and consents, by reason whereof divers and many of them, being BO .jointly and undi- videdly Beised of manors, land-, tenements, and I'ln- word •• partnership" i- here used in ii- g< and nut it- technical sense, a- defined by Mr. Justice Lindley in hi I I mership, according to which definition tin- term would hardly apply, for he limit- it- use i i oa where relation ha through mutual agreement, and applies tin- doctrine of agency to all ift dealings: whereas in our case of enforced joint ownership, their !::i- been n<> mutual agreemcut at the commencement of the relation; ible thai it is Btrictly entitle. 1 to be d .-i partnership, for each owner hat an undivided part bole, and is accountable to hi co-owners for i and | i are. BTATE OK THE LAW BEFORE i hereditaments, oftentimes of their perverse, co- vetous, and malicious minds and wills, against all right, justice, equity, and good conscience, by strength and power qo1 only cut and fallen down all the woods and trees growing upon the same, hut also have extirped, subverted, pulled down and destroyed all the houses, edifices and build- ings, meadows, pastures, commons, and the \\ hole COmi lities of the same, and have taken and converted them to their own uses and behoofs, to the open wrong and disherison, and against the minds and wills of other holding the same manors, lands, tenements, and hereditaments jointly or in common with them, and they have been always without assured remedy for the same. The statute then enacted that all joint tenants and tenants in common of any estate or estates of inheritance in their own rights or in right of their wives of any manors, lands, tene- ments or hereditaments in England or Wales, shall and may be coacted and compelled to make partition between them by writ tie participatione faciendA, in like manner and form as co-parceners by the common laws of this realm have been and are compellable to do. The statute of 32 Hen. 8, c. 32, after reciting G2iien.8.c.3i that the last-mentioned statute did not extend to joint tenants and tenants in common for term of life or years, neither to joint tenants nor tenant- in common where one or some of them have but b 2 :{ INTRODUCTION ;i particular estate For term of life or years, and the other have estate or estates of inheritance, enacts that in all Buch cases partition shall be compellable in like manner as it' each held an estate of inheritance. Tin- Btatute of B & 9 Will. :*, made perpetual 8 \ 1 Amu , r. is. K\ 3 & 4 Annc. c. I s (and now repealed by the Statute Law Revision A.ct, I directed t«> facilitating the proceedings on writ- of parti- tion; and tin- Courl of Chancery had assumed jurisdiction in cases of partition, greatly improving and practically superseding the practice which had obtained at law, but no attempts were made l>v the legislature fully to grapple with and redress the grievances arising out <>!' enforced partnership in landed property until the year 1868, when the present Lord Chancellor intro- duced into parliament the hill lor the Act of 68, which is the subject of the present Treatise, EyilBj The evils to he remedied were not imaginary, lor numberless instances were constantly occur- ring of properties which, either from their nature were indivisible into portions, Buch a- a single house or a mine, or where tin- parties interested a- owners were -(• numerous that the proportions of each it' divided would he bo small a- to be valueL It', then, in such cases, some of the part owners re absent or under disability, there was no means <>\ joint action to repair or lease the pro- i ati: OF THE LAW Bl I OBI :, perty, and it frequently lapsed into a ruinous condition. We Deed only refer to the well-known case of oa arfngie Turner v. Morgan (/>), where Lord Bldon pro- oounced a decree for the partition of a house amongst three persons, and the commissioners allotted to the plaintiff the whole stack of chim- neys, all the fireplaces, the only staircase in the house, and all the conveniences in the yard. The defendant excepted to this award, hut the chan- cellor overruled the exception, saying that lie did Dot know how to make a better partition lor the parties. He had granted the commission with greal reluctance, but was hound by authorities, and it must be a strong case to induce the courl to interfere, as the parties might agree to buy and sell. The case of a mine is another instance of pro- Mine perty which it may be physically impossible to divide between even a small number of owner-. but in which very numerous owners are fre- quently interested as tenants in common or as joint tenants. Most real properly lawyer- were familiar with Number of many cases in their own experience where, on account of the number of owner-, dealings with property have been expensive, difficult or alto- gether impracticable. {b) 8 Ves.jun. 14:3; II Ves.jun. 157. g [NTBODUCCT The Court of Chancery had previously to the rdcr , , it ad no power t<> decree a Bale instead 01 a parti- ticn. except by consenl of all parties; and al- though, in the case of infants and persons under disability, the court sometimes Burmounted the difficulty by the artifice of charging their costs (Hi their shares, and then directing a Bale for payment of costs; yet this device, even if buc- jsfiil, could hardly satisfy the dignity of the law, and the late Lord Justice Turner had doubts whether a title depending <>n a de< made on such grounds would be good if con- tested by an unwilling purchai As to persons who obstinately refused to con- Bent, no power existed to compel them however " perverse, covetous and malicious" they might be, to use the language of the statute of Henry. The author knew an instance where such a person (being himself not in want), but whose brothers and Bisters were dependent for their maintenance on his concurrence in a Bale or lease of their joint property, deliberately went to &ea, knowing that, in the then Btate of the law, no dealio with the property could take place in his absence or without his consent We maj reasonably assume that the legislature had such cases as this in its contemplation, and that one object of the Partition Act of l>n the other band of condemning an owner to perpetual exclusion from the fair fruits of his property came to be considered greater than that of compulsory sale to the co-owners. The present Chancellor (as aw have already Lord Chan- stated) in the year 1868 introduced a hill into parliament, which subsequently became law. to give power to the court to enforce a Bale of landed property at the instance of one or more ont of several co-owners of the estate. This act, which is the ^31 6c 32 Vict. c. 40, and Partition Act, IS entitled "An Act to amend the Law of Parti- tion," has been no dead letter; for the session in which it passed was not over before it was pur into practice, and during the eight years which have since elapsed the cases under it have been very numerous, much more so than cases for partition during that period, proving how great was the need of Buch a measure. The French civil code contains a similar pro- French code, vision tersely expressed, "If the immoveables cannot be commodiously divided, a sale by auction must be proceeded in before the court. Never- theless the parties, if all of age, may consent a INTRODUCTION. thai tli«' auction Bhould be made before a notary, mi the choice of whom they can agree" b . One objection a Long time made to this increase 01 the |urisdiction ol tne courl m bngland m tne case of infants and other persons under disability, viz., thai their property mighl be converted from realtj into personalty to the prejudice of their heirs, is removed by the s tli Bection of the act, which incorporates a provision from the Settled Estates \ri. preserving the quality of real estate for the proceeds of Bale (c). Partition Act, The Supplemental An of l s 7M mode of proceeding in cases of partition r> lore at , . .. . . .. . i ommon law. was ;ii common law by writ <>1 partition directed to die sheriff. Courts of equity very early exercised a con- [nChm current jurisdiction, the origin of which is some- what obscure, but its convenience was universally acknowledged. The court directed a commission to issue, after ascertaining the interests of the parties, and that all proper persons were before the court. Lord Loughborough, Chancellor, re- marked (a): "It is evident that the commission is much more convenient than the writ, the valua- tion of the proportions are much more considered, the interests of all the parties are much better attended to, and it is a work carried on for the common benefit of both.'' Accordingly the old common law procedure, although amended by statute (/>), fell into disuse, and was finally abolished in the year ls;j:j (c). The Partition Act, 1868, sect. 2, gives juris- Court, diet inn to the Courts of Chancery in England (a) Calmady v. Calmady, li Ves. jun. 568. (b) 8&9 Will. 3, c. 31." (c) 3 & 4 Will. 4, c. 27, s. 36. 10 JURISDICTION .•mil Ireland, the Landed Estates Cowl in Ire- land, and the Court of Chancery of the County Palatine of Lancaster within theii respective jurisdictions. :uro The Supreme Court of Judicature \«i. 1873, enacts (sect. 34, subsect. 2 . thai all causes and matters commenced under any act bj which exclusive jurisdiction has been .given to the Court of Chancer} Bhall be assigned to the Chancery Division of the High Court; and subsect. 3 thai all causes and matters for the partition or Bale of real estates Bhall be assign* d to the same division, so thai by two express enactments the jurisdic- tion is now assigned to the Chancerv Division of the High Court, subject, of course, to altera- tion by future rule- of Court or orders of trans- fer; or to the discretion of a judge in any special case under Beet. 11 of the Judicature An. 1875, buds. 2. County court The county courts arc given jurisdiction in cases where the property in question does do! exceed the value of 500/., and are to exercise the power and authority of the ( Jourl of ( lhancery in Buits for partition in those cases l a . It will lie difficult in Borne cases to ascertain beforehand thai the value of the property « \- ceeds the limit above mentioned. In such ca the Buil may proceed in the county court until 12 i i Partition An. 1868. JURISDICTION. 1 | the exec— of value is discovered and proved, when it will lie the duty <>f the judge, under the !)th section of the County Courl Act. 1865, to transfer the suit to the High Court. If, how- ever, the excess of value is known to the plaintiff before suit, it is improper in him to commence ii in the county court, and if the value appear on the lace of the plaint, the county court judge will dismiss the suit under the Nth section of the County Courts Act, 18G7 (d). But if the excess of value is not made to appear to the court until after the suit is in progress, the orders made previously to the dis- covery of the fact of such excess are not in- validated. [Sect. 9, County Courts Act, 18G5.] (d) Birksr. Silverwood, L. R., 14 Eq. 101; Thomsoyi v. Hunt, L. R., 17 Ei{. 415. 12 Nature of Suit. M„s t The Buit, or action, aa it is new called, must be partiUon. an action for partition, although it is no Longi r necessary to pray for a partition a I. \n action For partition is an administrative rather than a contentious proceeding, ami for- merly it was not proper to import into it dis- puted questions of title or to try the righl to possession of the property, which is the subject of the suit (A . And though now, by the Judi- cature Act. 1875, Order XVII., differenl causes of action may be joined in one proceeding, yet this privilege is Bubject to the rule that they -hall he capable of being conveniently tried and disposed of together; ami action- for the re- covery <>f land are expressly excluded from that category (c). By tin- Partition Act. 1868, the proceeding is described as"a Buil for partition where, if this act had not been passed, a decree for partition might have been made." It was obvious, there- f.re, that the hill in BUch a Buil must have coii- I' titton A.ct, l s 7'i, -i 'i. 7. Barlow, I- R., 7 Eq. 296; Burtr. Hellyar t 1 l I Jadicatan Ae. l^7."-. I >rd. XV II.. Role 2. N \ i i i;i OF hit. ig tained a prayer for partition, although tin- objecl of the suit was sale only. ^.ccordinglyi we find iu Beveral cases, the court directed the prayer to be amended to thai effect before granting a decree for 9&le(d). The legis- lature, however, evidently did aol mean to give to the defendants alone the right of requesting a Bale; and it must therefore be considered that it was intended that a plaintiff should pray in the alternative for a partition or sale, so as to give both parties an opportunity of arguing, and the court an opportunity of deciding, on the question of expediency between partition and Bale. Never- theless the proceeding was to be ^partition suit. The 7th section of the Act of 1876 now pro- Bnt a partition • i i -in i r i • • i\- ,|f ''''' "" t '"' vides that it shall not be necessary tor a plaintilt claimed. to pray for partition ; but it docs not repeal the words in the original act defining the nature of the suit, it merely adds something enlarging the scope of the definition. "An action for parti- tion," says the 7th section, "shall include an action for sale and distribution of the proceed-. and in an action for partition it shall be sufficient to claim a sale and distribution of the proceeds, and it shall not be necessary to claim a partition." The proceedings, it would seem, must still be an action in which the court can, if necessary {,!) Tea// v. Watts, L. R., 11 Eq. 213; Holland v. //--/- land, L. I v.. 13 Eq. 406. 14 \.\ ! URE "1 BUI I What i arc Bill •11. in fir. •, f,,r ' ■ unary freeh or proper, make ;i judgment For partition (flay, at the requesl of a defendant). Lei us, therefore, consider whal estates and what property could, before l s r persons, their heirs or successors, other than Buch which be parties to the Baid partition, their executors or assigns." It was, therefore, ruled thai copyholds were no! Bubject to partition, as the partition migbl prejudicially affect the lord's rights also (A), for the same reason, the act did not apply to customary freeholds. Hut this was altered by the Btatute 1 & 5 \ ict c. 35, b. 85(c), which enact-, that, from and after the passing of that act, it Bhall be lawful for any court of equity, in any Buit to be thereafter insti- tuted therein for the partition of lands of copy- hold or customary tenure, to make the like decree for ascertaining the rights "I" the respective parties to the Bllit in -uch hind-, and for the l8SUe of a ( A . fforneastli \. Charlesworth t 1! Sin. 81< Morth* ad, 6 B A;.; dix, p. 122. NATURE OF BUTT j commission for the partition of the same land, and for the allotment in severalty of the .respec- tive shares therein, as, according to the practice of such court, may now be made v, iih reaped to lands of freehold tenure. As to lr;i>rliol for years, we have seen thai I they are expressly included in thestat. 32 Hen. 8, c 32(c). Bui in a case in Ireland, before Lord Chancellor Hart (rf), he refused to decree a par- tition of a leasehold house in Dublin between twojoinl tenants, because to carry out a division would he an act of waste, which the landlord mighl restrain by injunction. This case was cited before Lord Langdale in .Tope v. Morshead (e). The court has, nevertheless, frequently exer- cised its jurisdiction in the case of leaseholds, and it does not appear that in any recent case objection was taken to the jurisdiction of the court by any of the parties to the suit ; it is presumed that the lessor would not be affected by the proceedings. It would seem doubtful whether reversions, inversions, expectant on an estate of freehold, are subject to the jurisdiction of the court as to partition. Lord Coke says, that the word tenet, in the writ of partition, implies a tenant of a freehold, ••and. therefore, if one coparcener make a lease for years yet a writ of partition doth lie; but, if (r) Appendix, p. 1 19. (d) North v. Ginnan, Beatty, 342. (c) (> Beav. 21 . ],; NATURE OF 801 r. one or both make ;i lease for life, ;i writ of par- tition «ldtli not lie between them, because nun insimul el pro indiviso tenent, tin \ do nol ln»I«| the freehold together, and the writ <»t" partition must be againsl the tenant of the freehold"! / , Ami the Lord Chancellor (Hatherley . in Evans v.Bagshaw g , seems to confirm the view that the doctrine of Lord ('<>kc is in force in Chancery. But thai case did nol raise the point, the plaintiff there had a reversion in an undivided share, and the other shares were in possession. In thai case, moreover, Fitzherbert was not quoted, which is a distinct authority for a con- trary opinion. Fitzherbert says h , "Partition may be made of an advowson or of a reversion, that one Bhall have the reversion of such acres and another Bhall have the reversion of other acres, and Buch partition mav be without deed." Fitzherbert is evidently Bpeaking of a reversion expectant grant ;i partition is bul a Btep further. It would certainly seem thai the court need not now hold to a mere technical rule applicable only to the old proceedings by writ of partition, which is now abolished. Ajs to the nature of the property subject to Whatq \i • i i i • ii ■ property. partition. \\ e nave already instanced the case ot Turner v. Morgan (l) 3 where Lord Eldon held that the court had no option to refuse a com- mission, if demanded, on the ground of mere physical obstacles in making the division, by reason of the quality or size of the property. It is said in the books, however, that it" a A castle. castle, that is for the necessary defence of the realm, descend to two or more coparceners, it may not be divided by chambers and room- as other houses be, as it is pro bono publico et pro defensione regni. But castles of habitations for private use, that are not for the necessary de- fence, ought to be parted between co-parceners as well as other houses (»j). Partition may be made of a rent-charge, and Rentrcharge. by act of law the tenant of the land is subject to several distresses. Lord Coke Bays that entire inheritances of i:ntin -' in - v heritances. (/,) Vide Fearne'a Posth. Work, p. 243. // Co. I. in. 165a. IQ NAM RE 01 81 I I which Beveral are Pound in the books) are oof divisible, and some inheritances which arc i!>lc inheritances bo that they can be awarded to one party, the others having an equivalent in other portions <>i the joint estate, then the parti- tion may proceed on that footing (o). Aitcrnnte Should the circumstances of the property, enjoyment , . , , , however, be such as to render Buch an arrange- ment impossible, then the court may direct a Bcheme for alternate enjoyment, b\ means oi which each has the usufruct for a time. In the case of a manor, we find in an old case in Oro. I'.l'iz. /> , that a writ of partition of a manor was held good. It was objected that a \iru of frankpledge was not severable, but it w;i- holden to be \\ Modern, 150 : Cattley v. Ann, I, I. 4 K. .^ J. 595. C 2 2Q na : i 1:1 OF Bl I l-i Augusl « » t 1 1 \- iii severalty by himself, and that the other shall have and occupy the land from tin 1 1st August miiil the Feasl of Easter yearly, to them and their heirs, this is a good partition." Adnmi The case of advowsons is Bimilar: a partition may be made to take effecl by means of alternate presentations / . The 7 Anne, c. 28, provides, that it co-parceners or joinl tenants or tenants in common be seised of any estate of inheritance in an advowson, and a partition be made between them to present by turns, every one shall be taken and adjudged to be seised of his or her separate part of the advowson, to present in hi< or her turn; and if there be two, and they make such partition, cadi shall be said to be seised, the one of the one moiety, to present in first turn, and the other of the othermoiety, to presenl in the Becond turn; in like manner, if their be three, four or more, every one shall be said to be seised of his or her part and to present in his or her turn (« . Mm. The case of a mill is mentioned by Lord Coke, who Bays(a; . "and it it be of a mill, one may have the mill for a time and the other for a like time, &c, or the one toll dish and the other the n cond, &c, and this appeareth to be the ancient law , for it is said : Other heredi- Sunt alia res I'ii r< 'hi iritr qutt ri in if ill in nil rl it imii in . uiiir film ilifnh umi pOSSUTlt, fmiff- i 1/ at tin us v. Bishop "f Bath and fPells, 2 I Appendix, p. l"7. tiuiicnUi. N.vi i 1:1 OF BUIT. g I duntuT urn ; ita quod climb cohceredes alibi dp. column in hcereditate habeani ad valorem, sicut sunt rinifiii, jtiscti fin , jxirci } c< I sulhni OUod partem hab< ant pro a\ fectu, sicut & cundum pisa m, tertium vel guar turn; vel secundum tractum, ter- /ii/ui n/ quartum. Item, in parcis secundam, tertiam aut qwartam bestiam." hi this way even the services of a villein have villein, been partitioned (//). These cases of partition by alternate enjoyment Pattii ■■■ ... . . 1 to profita el" oi the joint property are partitions only as to noteffa possession and profits, and do not enecl a sever- ance of the estate of inheritance (z). It will be seen that both in the Act of Anne and in Coke the arrangement as to alternate enjoyment is nevertheless spoken of as a " par- tition," and there will therefore be lew cases where an inheritance is not, under the rules laid down by the foregoing authorities, the subject of partition of one kind or other. Should such cases, however, occur, it would Sale cannot be i • • 4 r> decreed where seem that the Partition Act, 1868, would not no partition i i ii- ill possible, apply to them, nor would it enable the court to order a sale adversely, although the same reasons which prevented its decreeing a partition might not operate against the policy of a sale; a- tin- words of the statute ;ire precise, and restrict its operation to those cases in which the court could decree ;i partition. ». I.iu. 164 I>. i urln t's case, ! Co. Rep. s 7 , 22 ) 117//// Persons CCtn maintain a Suit for Sale <>l Laml under the Partition Act, L868. C<»-pnrcciierv Joint tenants, - in . .11. Bi the terms of the statute, the plaintiff must be a person who might have maintained a >nit for partition it' the acl had not passed. At common law, the right t<> insist on parti- tion was only in the case of co-parceners ; in early times, probably, oilier cases would be rare We have seen that the statute of 31 I tenry VIII. gave the right to every joint tenant or tenant in common in possession to sue for partition, and the statute of 32 Henry VIII. extended the right to tenants for life or \ ears a . rrn . , .. .... . . I he right ot a tenant tor lite to a partition is not affected by the circumstance that Ids estate i- determinable before his death by any circum- stance Buch as, for instance, his marriage b . i m«. \ reversioner of an undivided share has no such right. We have already discussed ante, p. I"' . whether an estate in reversion may be made the subject of a partition; but it is clear that ifaman have only ;i reversionary interest in a moieft or other undivided share, he cannot bring an action for partition againsl the owners in possession of ' . .//.'. Sim. 6 1.">. /,' - .184. what ]'i B80N8 CAB maintain a 81 IT 23 the other moiefr or Bhares. Ami be cannot cure the defecl of title by acquiring the estate in possession during the progress oi the Buit c . \ tenanl by the curtesy is entitled to claim Tenantby • 1 1 iiii/ cu "' partition under the statute o\ Henry \ lll.(rf). At common law, an infant could sue out a infant wril of partition by his next friend. In ( IhancerVfan infant or married woman could Married J woman. sue for a commission for partition. A lunatic may sue by his committee, who Lunatic must, however, he authorized to that effect by an order in lunacy. On the other hand, a person of unsound mind. Personal unsound mind. not so found by inquisition, cannot properly sue for partition by a next friend ; the matter must be dealt with in lunacy (e). Subject to the foregoing observations, any joint tenant, or tenant in common, or other person having an undivided interest in land might formerly sue for partition; and now, under the Statute of 1868, may bring an action for sale under the statute. (c) Evans v. Bag thaw, L. R., 8 Eq. 469, aud 5 Ch. A pp. 340. (d) Co. Lin. 175 b. (e) Halfhide \. Robinson, L. U.. 9 Ch. App. 373. 24 Request for Sale instead of Partition, It i i i i i — t be borne in mind that the recent act, lnan.i partition . , , , ,■ .• , in giving the court tin- power ot directing a sale, where formerly only a partition could have been decreed, has not taken away the righl of a tenant in common or joint tenant to demand a partition in the Last resorl if a Bale be denied. This prima facie right of every owner to a par- tition underlies the jurisdiction. But the right Lb now limited by the statute, the court having acquired power to refuse to give effect to it. if a sale be requested by proper parties in one or other of the BpeciaJ cases or circumstances men- tioned in the act. m f.w This exceptional jurisdiction of the court is therefore tumuicd on a rbqi est from some one or more owners of the property. And the cases to which the act applies may be divided into two classes: (1) where the request comes from the owner or owner- of an equal or the largest ghare; (2) where the request comes from the owner or owners of less than a moiety oi the property . -tit.. Let H-. therefore, in the first place, consider ■ ii 11111 who may make the request, and how it >ii<>uit expediency, or others ise, of the desired -ale. Formerly it was doubted whether an infant or infants [a V, . form <>;' 1 decree, p. 51, post. ..,; i;i Ml ES r FOB s \i l [N8 rr.\l> 1 1] PAH I I I I 1 IS married woman could request b sale(£ . even though it mighl be for In- or her benefit; Imt now by ilic Partition Act. I^7, it is provided thai b requesl for >;ilc maj be made on the pari of a married woman, infant, person of unsound mind, or person under any other dis- ability, by the next friend, guardian, committee in lunacy (if so authorized by order in lunaci . or other person authorized to act on behalf of the person under such disability; bul the court shall uot !"■ bound to comply with any Buch request on the pari of an infant, unless it appear that the Bale will be for his benefit. Lunate We have Been from the observations of Lord ., lnfnn . Justice James, in the case of Half hide v. Robin- son c . thai a person of unsound mind cannot commence an action for dealing with bis real estate bj a nexl friend, and that it is proper in tiic case <>f such a person to take proceedings in lunacy and obtain an order for the committee to bring the action. Those observations were made by the learned judge before the Act of l s ~(i, bul they would now apply to the case of ;i requesl for Bale under the act t<» be made either l>v counsel at the hear- ing or by ;t defendant in In- pleading. \ ide /'in/Hi \. France, I.. 1»'.. 18 Eq. 178; //>■. Dorkis, 18 Eq. 280; Davey \. fVietlisbach, 15 Eq. I < , < n mi/ n. L. I v.. 18 Eq. 387. , !. ;; 9 ( h. App. 874. ■onnd mind. REQUEST fOB BALE DTBTEAD 01 PARTITION 27 It may b€ here noticed thai ;> Bale 01 an in- Conrenkm. Pant's estate under the Partition Acts docs nol operate as a conversion of realty into personalty. A sale rightfully made is no doubl a conver- sion in every case Steed \. Preece) d . and the property musl be taken by the heir or personal representative in the Btate in which ii is found, unless there is an equity to have it reconverted. The importation, however, of the Leases and Equity for w- Sales ol Settled bstates Act into the; Partition Act, 1868, creates such an equity in case of a sale directed by the court of a share of an infant or person under disability (Foster v. Foster) (e). But when the person is of full age whose estate is ordered to be Bold, and he dies between the date of the decree and the Bale, then the conversion is complete, and the proceeds of sale must be treated as personal estate (Arnold v. Dixon) (f). (i< til and upwards of the Pro- perty ( \ih Sect). In a suit for partition where, if this act had not been passed, a decree for partition might have i made, then if the party or parties interested, individually or collectively, to the extent of one moiety or upwards in tin property to which the suit relates, request the court to direct a sale oj the property and a distribution of the proc instead of a division of the property between or amongst the parties interested, the court shall, unless if sees good reason to the contrary, direct a sale of tin' property accordingly, and give all necessary or proper consequential directions. noasonde- This section casts "ii the parties objecting to a Bale the onus of satisfy ing the court of the greater benefit i«» the parties of a partition over a Bale, otherwise the court is bound to order a Bale. is the Master of the Rolls observed in the e of Drinkwater v. Ratcliffi a . "The parties interested to the extent of tun- moiety are entitled to a Bale as of right, unless there is Bome good reason to the contrary Bhown; they have not to a I.. ;:.. 20 I. [. i:v OWNERS 07 A MOIETY. I \i»i i; Ith BECTION. 29 show any reason for the sale, I m t a reason to the contrary musl be Bho^ n." The reported cases decided on this Bection are Lys v. Lys (/»), Pemberton v. Barnes (e), and Wilkinson v. Joberns (d). In Lys v. A//.s'. the plaintiffs requesting the Bale Ly*. Ly»- owned between them one moiety, and, although one of the plaintiffs was an infant, Vice-Chan- cellor ( riffard was of opinion, " That the acl threw on the defendants opposing the sale the onus of* showing that it ought not to be directed, and no sufficient reason againsl a Bale had, in his opinion, been adduced by the defendants in their affidavit ; a sale would therefore be directed." Pemberton v. Barnes was a case which came Pembertony. before Lord Hatherley Chancellor), on appeal from \ iee-Chaneellor Malins. The Vice-Chan- cellor had laid down the doctrine of construction as follows: — " It is not the object of the act, so far as I can Bee, that in all cases the owners of one moiety of an estate, because they think that by selling it altogether they could get more money for it than by Belling it in parts, may force on the owners of the other moiety the obligation to submit to have their property con- verted into money. It therefore appear- to me, that whenever the court sees that there is not (/>) L. K, 7 Eq. 126. I.. R., d reason to the contrary'? The whole judgment • if the learned \ iee-( Jhancellor proceeds upon this principle: — * I do not think the legislature could have meant that large estates, where there is do difficulty about partition, Bhould be sold.' The answer to that is this: The difficulty of partition is dealt with in section 3, and there is not in section -1 a Bingle word about the size of the estate or the difficulty of partition: it simply .-peak- of a case where halt' the parties interested desire a Bale, and it provide- that they Bhall have a preponderating voice. W h\ thej Bhould have it i> not for me to Bay, but the legislature has thought lit to say so. It would be Btriking the tion out ot the act to saj that the owner- of the other moietj have no more to do than to come and Bay, ' W e do not wish for a Bale.' I he BY OWNERS OF A MOIETY DNDEB Ith BE< riON ;{ | Legislature has Baid that there Bhall be ;i Bale if the owner of one moiety asks for it. unless good reason l"' Bhown to the contrary. The Vice- Chancellor has said (for be puts his judgment quite as high as that), 'I cannol Bee why one party should be turned ou1 of his moiety againsl his wish, Bimply because the owner of the other moiety Bays thai he desires the estate to be sold.' The Vice- Chancellor then urges as a reason againsl a sale, thai the two part-owners come from ;i common ancestor, and thai the testator gave the estate to them as laud. No doubt he gave it as land ; but he gave it to them abso- lutely, and there was nothing to prevent them from disposing of it as they thought lit. Con- sequently, I do not Bee that its coming from a common ancestor makes any great difference. Neither party has ever lived upon the property. It lias been vacant ever since the death of the tenant for life for aboul six year-, and the parties who object to a sale have been living two hun- dred or three hundred miles off all this time. I cannot see that anyreason is given against a Bale beyond this, that the owner- of one moiety object to it : and I cannot think it a sound construction of the act to say that this is a sufficient reason." Wilkinson v. Joberns (e) was a case where the wuansonY. sale was resisted by the d< tendant, who owned a (c) I-. K.. 16 Eq. 14. i;i;..t E8T FOB BALE moiety, and was tenant of the whole estate. He endeavoured to bIioh thai a Bale would be dis- astrous i" himself, and that a partition was quite feasible; Lord Selborne, Lord Chancellor Bitting for the Master of the Rolls), however, said : " 1 think the plaintiffs are entitled to whal thej ask. The act of parliament clearly throws the burden of proof upon tli<' tenant in common who n sale and claims partition. ' There is as yet no authority to show what the ''""'■ court would consider as a sufficient reason under the I'll Bection to warrant a refusal of a Bale re- quested by the owners of a moiety of the property. It would appear, however, from the foregoing cases, that los6 or inconvenience to one party alone will not be sufficient reason. ( 33 ) When the Parties requesting the Sale are in /// Sects.), Tin; onus in these cases rests with the party or Omuoo party parties requesting the sale, who must convince the court of the general expediency of a sale rather than a partition (3rd section), or of the hardship of a partition to a particular owner, in which case the court can order a sale at the request of such owner without being convinced of its abstract expediency, provided the other owners refuse to purchase his share at a valua- tion (5th section). L. ( :;i | Request for Sale by a Minority, under the 3rd Section. Power to Court to order Sale instead of Divi- •• // a suit for partition, where, if tin* act hud not been passed, r the parties interested than a division of the property between or among them, the court may, if it thinks fit, on the request < f any of the parties interested, and notwithstand' ing the.dissent or disability of any of tin others of them, direct a sale of the property accordingly, and may give oil necessary or proper consequential din ctions." It will be observed thai there are two things atial to tlif obtaining a judgment it order f r sale under this section, viz., first, ;i request from some ]<;iri\ interested; and, secondly, satis- factory i vidence thai ;i sale of the property and r,v MINOR] i v i \m:i: 3rd SECTION. ofi a distribution of the proceeds will be more bene- ficial for the parties interested than a partition. We have already treated a) of those requests, and we must imw consider the question of esti- mated advantage to the parties from the adoption of one course rather than the other. In the first place, the advantage must be an Benefltn ... , be to tli<- advantage to the parties interested, not to one or parties ooiiec- ... , inch. more of those parties \i> ). And the benefit must he a substantia] pecuniary Mo«i be mh- r> • • • t- BtantiaJ beo< f.t. benefit, not a fanciful or sentimental benefit. In Drinkwater v. liatdiffe (c), Sir (J. Jessel, Master of the Holl>. remarked, " I am to direct a sale if I am of opinion that the sale would he more beneficial for the parties interested. W hat docs that mean I It means in a pecuniary sense. I cannot go into questions of sentiment, I must look to the monetary results. " Now it is proved and not denied that the value of the farm is very much larger to sell than its rental would imply. It is stated that there are factories in the neighbourhood, and this pro- perty, which is sworn to by the defendant as being worth 36/. a year, the plaintiff's witnesses say would fetch "2,(>00/., — the defendant's witnesses, it is not worth so much; but they do not venture (a) Antr, ],. 24. (b) Vide Osborne v. Osborne, 6 Eq. 338; Powell v. Powell, 10 Ch. App. 135. (c) L. B., 20 Eq. 533. D 2 REQ1 ; 81 FOB BALE to say liow much less it is worth, from which I come to the conclusion that even in their opinion it would fetch ven much more than the some- thing over 1,000/., which would be its valu thirty years' purchase; probably it may be worth H\t\ years' purchase, or something of thai sort, which would be 2,000/.; the plaintiff's witm put it as high as 2, 600/. It is a farm so Bituated thai it can be used for other purposes than (arming purposes. It i- advantageous lor all persons interested thai it should be sold instead oj divided in a pecuniary Bense, which, as I have Baid before, is the only one I am called upon to deal with. I therefore direct a Bale." In determining the question of comparative benefit to the persons interested of Belling or dividing their estate, the principal matters to be considered arc those enumerated in the Bection under discussion, viz.:— (a) The nature of the property; (b) The number of parties interested; and (c) The absence or disability of some of the parties inU rested. To this catalogue the Bection add- (d) any other circumstance^ bo thai the couii is absolutely unfettered in its choice of reasons for coming to ;i decision on the question of the Bup< rior benefit, or the contrary, to the parties "I a Bale over a partil ion of the property, eof The Natun of the Propet The property may aol be practically capable ol division; a i:v MINORITY UNDER 8bd SECTION. 37 sin gle house for instance, such as the cunt had a hoc to deal with in the case of Turners, Morgan d); or it may be a property which, though physically capable of division, could not be divided equally. Such as we may imagine in the case of ;i house and land where the land could not be conveniently held without the house, and the house might be >■ ■■■' w i land ; too large to be held with only a portion of the land, or the property would suffer materially in value from not being sold as a whole. We may again quote from the judgmenl in a farm. Drinkwater v. Ratcliffe (e), where the Master of the Rolls, speaking of the division of a property, consisting of a farm-house and outbuildings and thirty acres of land, into thirty-six parts, says, 11 How that is to be done I have not a notion. The plaintiff's witnesses say it is practically im- possible. All the defendant's witnesses say it is not impossible. 1 agree it is not impossible; but it certainly is very difficult, especially as one does not know how the farm-house would go, or what its value is, or whether it would he divided or not divided. Hut if ever there was a case, where by reason of the nature of the property you could not divide it conveniently, we have it here."' The Number of the Parties interested.] — There Number of may be cases where the property is perfectly (,/) 8 V~es.jan. 1 15. (e) L. EL, 20 Eq. 532. IUEST FOB BALE capable «'l convenient i' Bhares, but where the parties Bn numerous as to render ;i sale expedient. I ins will often be a relative estimate; For what would be a Large number in the case of a small property might not be excessive in the case of a large estate, if nothing in the nature of the property required its being preserved rutin-. In Drinkwater v. Ratcliffe ( f) (already quoted , the Master of the Rolls, in addition to his observations on the nature of the property, proceeded a^ follow - : — "The next ground specified by the Bection is number of parties. Here it is quite obvious that there area great number of parties; Bix of them would have one ihiri v-sixth apiece the property consisted of a house and thirty acres , and there are three more; there arc nine altogether, and Borne of them are married women, whose hus- bands would have to join." It is well known that many hundreds of persons are Bometimes interested in one pro- perty. ■r The Absence or Disability of some of tlw Partus.] Absence or disability of some of the parties interested in landed property is doubtless ;i good reason why the other persons Bhould desire to i>nt an end to the joint ownership, (/) L K., 20 Eq \:\ MINORJ IV I S i ION. 39 because there may in thai ca e be do p >\\ er of leasing, repairing or improving the property. It is not, however, at first sight easy to Bee how this circumstance could bear on the question of whether a sale or a partition of any particular estate would be mosl beneficial to the parties interested, for the difficulties of management would only operate against the absent parties and apply to their shares if partitioned, if there were no other reason against the partition. Any other Circumstance.] — These words give the court a wide discretion. Notwithstanding the Dissent or Disability of Notwithstand- any other of the Parties interested.] —The court majority, is to exercise its unfettered discretion as to the benefit to the aggregate of the parties interested. This enactment puts an end to the possibility of a wilful or perverse obstruction to a sale by some of the persons interested, even if a majority. ( 40 ) Request for Sale under the .">/// Section, A- to Purchase of Share of Party desiring Sale.]—' 1 I n a suit for partition, where, if this act had not been passed, a decree for partition might have been made, then if any party interested hi tin property to which the suit relates requests the court ti> din, -i a sale of the property and a distribution of the proceeds instead of a division of tin property between or among the parties interested, the court may, if it //mils (it, unless the other parties interested in the property, or some of them, undertake to purchase the share oj tin party requesting r more profitable In a pecuniary Bense for all the persons interested in the estate, that it should be sold rather than divided, other- wise it would come under the 3rd section. We must, however, suppose the court so tar to approve of the proposal as to he desirous of exercising its jurisdiction in favour of the plaintiff or other party requesting a sale, whose personal views or interest require a -ale (although a sale might not result in advantage to the owner- taken collectively), and to consider it a case where justice requires that the person requesting the sale Bhould not be put to disadvantage in realizing his share. Under these circumstances the legis- lature considers it just that if the majority resist a sale they should purchase the share of that person at a proper valuation. Accordingly, although the court cannot compel them so to purchase, the act arms the court with the power to order a sale of the whole estate if they refuse to do so. This jurisdiction of the court is based on the Bardshipto , , . ii,divhlii.il possible hardship to one or a few 01 the parties ■ -■•■'■ interested of compelling them to take their share in specie by means of a partition as the only means of realizing tin tv; it is entirely independent of any general benefit to ill interested in t! taken collectively. The owner of a very small share. in b coal : . . . mint'. For instance, might find his undivided share entirely valueless to him for the cost which would be incurred by sinking a Bhafl and working it separately, and yet it mighl be impossible to show the court thai a sale of the whole mine would l)>' more beneficial to the parties interested meaning the whole of them collectively than a partition; on the contrary, the majority might be interested in the opposite result, for, it' they agreed together, thev mighl go on working ths of the mine just as profitably as the whole, and have one the less with whom to divide the profits. The unfortunate owner of the Bhare, which we ... , 1111 r m or will suppose hf is under the absolute necessity ol submit to a ... 1 1 • i 1 1 1 c 1 1 ■ ti.e realizing, would m Mich case probably lmd him- self compelled to sacrifice it altogether or to soil it to his partner- at any price they might ch to give for it. To remedy this Btate of things, the court has now the power to interpose, and require the owners of the hulk of the property, if they wish to preserve it from sale, to buy the share of the p< reon compelled or desiring realize at a fair valuation. This great, but not unjust benefit, is thus con- ferred 011 own< ra of small shares in large esta i.v MINORITY UNDER 5TH SECTION. 43 who were formerly almost entirely al the m< of the owners of the greater proportion, if cir- cumstances compelled them to realize vide the judgment of the Master of the Rolls in the c of Drinkwater \. Ratcliffe(a)), It will, however, be observed thai the act Nopowerto insist "ii >iii'' gives no power to the court to require any owner .;-:.. to sell his share to his CO-propnetors. It can lug sale of the only make the latter buy or submit to a Bale. The provision was intended for the benefit of the 1 party applying lor a sale; and if the court will not grant his application, he may withdraw his request, and, falling back on his rights, claim a partition. This i> exemplified by the case of il illiams v. wnuavur. ~ /«\ 1 1 1 ■ • a> i- (iamet. dames (b), where the jilamtin was owner 01 one- seventh of the estate, and the persons owning the other six-sevenths were defendants. The plaintiff prayed for a sale or partition, but requested a sale. The owner of one other seventh also desired a sale; but the owners of five-sevenths resisted that measure. The Master of the Rolls, Sir ( r. Jessel, under these circumstances, made a decree that certain of the defendants undertaking to purchase the two-sevenths, a valuation thereof Bhould be made, and that the owners of the two-sevenths should be paid the amount of the valuation, and (a) L'OI, K., Eq. 528. (b) 10 Ch. A p. 204. 4 | REQ1 ESI FOB BALE. execute conveyances of their Bharcs; and that, thereupon, an inquiry Bhould be made as t « ► the persons entitled, and a partition be made accord- ingly. The plaintiff, however, on appeal, insisted ) Account of Rents and Profits by 7) nant in Occupation, Where one of Beveral co-tenants has been in ^>»>' v BOD, occupation of land previously to a -nit or action lor its partition or sale, the question arises whether his possession has been in respect of the entire estate or only of his undivided share. It' lie lias enjoyed by virtue of a lease or other byleaaeor J J _ J mtnt. agreement from his companions or co-tenants, then he must aecount for rents, issues and profits received by him, or pay an occupation rent or an agreed rent, according to circumstances. In Turner v. Morgan (a), the occupying tenant, Turner v. * i-ii 111111 -W" r 'j>"- who was the owner of a third share and had held the whole property under a lease up to a certain time, was decried to pay an occupation rent for the time subsequent to the expiration of his lease. In Store// v. Johnson (Jj), the occupying tenant Storey*. (A) was owner in fee simple of one undivided third of the estate, lessee of one other third, under R, and the remaining third belonged to C. The court ordered him to pay to R the rent reserved by the lease of the one-third (a) 8 Ves. 1 L". 'b) 2 You. & Coll. 586. .\< < 01 ST OF :.! S is AND PROF] belonging i i B, and to pav an occupation rent for ili«' remaining third to C. Lord Vbinger, in delivering judgment, said : It appears, therefore, upon this pari of the case thai Johnson oughl to account to Storey or Ed. Jones for one iliinl pari of the ivnt reserved by thai lease Bince Hall's death, and thai he oughl to accounl to W, S. Jon - I for one-third pari of the fair occupa- tion rent, to be determined by the master.*' \. Swan c was the case of an infant's one-third share. The defendant, who was en- titled in his own righl to another third, bad been in occupation of the estate, which was a farm, and had appropriated the profits. The infant, who was the plaintiff, prayed for a partition, and that defendant might pav an occupation rent in respect of the plaintiff's third Bhare. The Master of the Rolls lu'ld that the defendant must be considered a< having entered on the estate of 1 1 1 « • infant, and must pav an occupation rent, but he was to be allowed for lasting improvements. It seems from this case, and from other cases where infant- are concerned, that the court will presume that the occupying tenanl has entered on the infant's estate, unless the contrary clearly appears, and will charge him with an occupation rent, although no l< ase or agreemenl is proved. The reason for this lies in the rule that a 27 r.' ... ". Wilh v. si,,,i, , • \ . 193. BY TENANT IN" OCCUPATION. party entering on an infant's estate enters guardian or bailiff of the infant, and equity treats him as a trustee d . But if it is shown that the infant never was constructively in possession, and that the occupy- ing tenant is in upon a different title, then the presumption in favour of the infant does uol arise. In Crowther v. CrowtherCe). Lord Romilly, £wrt*«r I runt In: r. M. R., thus expressed himself: "The court will not allow an infant to he turned OUt of possession of an estate without legal process, and accordingly the cases cited arc all instances of a person in- truding on an infant in possession, either by himself or his guardian or bailiff; but if it is admitted that the infant never was in possession or in the enjoyment of the property either by himself or his guardian, he stands in the same position as any other person, and must first cstahli>h his legal title. That is the case here; it is not alleged that the infant was ever in posse— ion either by himself or his guardian, hut the bill alleges an adverse title under a contract entered into by the infant's father. It is a mere ease of adverse possession under a title springing from a contract entered into by his father." ( 1 n ''y Where ilif occupation <>i' one of several co- trluilit in hl-> ' right tenants baa been i:i his own right merely owner of an undivided moiety or other share, \ • . the case rests upon the Btatute l Anne, <•. 16, which provides thai action- of account shall and may be brought and maintained by joint- tenants and tenant- in common and their executors and administrators against each other as bailiffs lor receiving more than comes to their just Bbare and proportion. -non An action of account would not lie by one law. . . . , . . ■ »■.,. tenant in common against another a- ln> haiiitt at common law, unless lie were so particularly appointed (f). ' rr. Such an action must have been brought under Borne. the Btatute of Anne above referred to. 1 his was explained in the case of Wheeler v. J/<>rmv the Btatute(A) the auditon might examine the parties on oath. Henderson v. JSason i is considered the leading "Btn&m i case on this question. Thai was an admmistration suit, where the defendant Bason was the brother and executor of the testator, and had suffered the latter for several years before his death to occupy exclusively a farm, of which they were co-tenants in common in equal moieties, without demanding or receiving any vent or other remuneration from him. The testator cultivated the farm and ap- propriated the produce to his own use. The Master in Chancery, under the circumstances, allowed a claim 1>}- the defendant to retain oul of the testator's estate a moiety of the amount of six years' fair occupation rent for the entire farm; and the Vice-Chancellor (Shadwell) confirmed the master's report. Lord Cottenham, however, overruled this decision, and directed an action at law to he brought by the defendant against the other executor, on the ground that there was no relief in equity unless the case were one in which an action would lie at law. The Court of Queen's Bench decided in favour of the right of the plaintiff in the action to an account of profits; and judgment was entered up that the defendant as executor should account [In Vide Appendix, p. L20. (t) Reported LS Mm. 306; L> Phil. 308; \'J Q. B. 986; 17 Q. B. 7<»1. L. E ACC01 M 01 RENTS AND PROFITS with the plaintiff for the time aforesaid -i\ its . in which the testator was bailiff, &c, and an account was afterwards taken I » n- two masters of the Court of Queen's Bench, who found that the sum of 900/. was due to the plaintiff from the defendant Prom this decision there was an appeal to the Court of Exchequer Chamber, where it was irruled in an elaborate judgment delivered by Distinction Baron Parke. That learned judge (drawing a ■ n tiikiiiL: ..... »nd receiving, distinction firom the words "I the statute between receiving and taking more than his just share, and obsen ing that there was no mention of it and profits in the statute, but merely the receipt of more than the just Bhare) laid down that the statute was only applicable where the tenant in common received money or something else which statu nij another person gives or pays. The statute, there- moneyreceived fore, in the view of the court included all cases from a third • i • 1 ,• . . r i i in which one oi two tenants in common ot lands leased at a rent payable to both, or of a rent- charge or any money payment in kind due to them from a third person, receivi - more than his proportionate -hair according to his interest in ; rom the Btatementa in the judgment of Baron Parke it would appear thai ilii- Bon was computed as ;i fairoccu- nd nut as ill" balance of nu nccounl of i and profits, for the judgm< oul that thei*e ridence of profit. Ii was, in fact, the same Bum a* bad been already found by the Master iu Chn a fair • 11V Tl NAM' I.', "'ill A ■■ 5] the subject of the tenancy. But the courl saw insuperable difficulties in extending the operation of the statute to cases in which one has enjoyed more of the benefit of the subject or made more l>v its occupation than another. It thought it Occupation inequitable to hold in the case of a dwelling- house, barn, or room Bolely occupied by one tenanl in common withoul ousting the other, that by the Bimple act of occupation he should be liable to a rent. Again, in the case of land, where one employs capital and labour in cul- tivating it, the risk of the cultivation with the profit and loss were his own. and the court con- sidered that since lie could not claim a moiety of the loss, if any, us he would, had the land been cultivated by the mutual agreement of the co- tenants he ought not to be accountable for the profits. The learned judge, however, remarked that the Questions nr* evidence stated in the bill of exceptions did nol togs. show whether a profit had been made in the case before the court or whether the occupation had been by mutual agreement, and the court, there- fore, only decided that upon the evidence in that case (k) there was nothing to warrant the (}<) 1 1 was agreed at the hearing that, aa the defendant had received the whole profits, he must have received more than his Bhare. The court Beemed to think it was 1 In- migb.1 have made a loss. The masters had, howei found that !>()()/. was duo on the account. It must i 52 '1M "1 RENTS ANIi pHOFl I - ,ry. hfltl v. liuvchcll. jury in coming to the conclusion thai the defen- dant had received more thiin his just -hare within the meaning of theact; also that there was no evidence that he had had the care or manage- ment of the (arm For the common profit of the co- tenants, as averred in the declaration. The result of the decision was to reverse the judgment of the ( 'miit of Queen's Bench, and to pronounce against the righl to recover the 900Z. from the occupy- ing tenanl found bv the masters to be due from liim under the foregoing circumstances. In the case of M'Mahon v. Burchell I , Lord ( Tottenham said thai the proposition, that ;i plain- tiff, having occupied ;i house not in entirety but as a tenant in common, should thereby become liable to his co-tenants, was contrary to law; for the effect would be thai one tenanl in common, by keeping <>ut of the actual occupation, might con- cert the other into his bailiff, — in other words, prevent the other from occupying except on terms of paying him rent. There might, however, (he added be various modes of occupation which would make the part} occupying liable for renl to the other tenants in common. From these cases it would seem that one great distinction to be drawn is between a claim for 01 upation rent, and thai there mi do evidence of profit, although the reporl i- nol explanatory on ilii- point. 2 Phillips, 181. i;y i in am i.\ OCI I PATION. 53 Occupation rent and a claim Foi an aceount of rents and profits received. The former cannot arise ■without aCTeement, Occupation except in the case oi an infant, where the court raises a presumption of law in favour of the in- fant; there musl (between persons sui juris) be oonsenl express or implied creating the relation of landlord and tenant, such as was to be inferred in the case of Turner v. Morgan and Storey v. Johnson, before referred to (m). The rule as to rents and profits as laid down in Henderson v. Eason would appear to be as follows : — In the first place, the occupying tenant musl Bent received . ri . .111 third account for all sums ol money received by him m perrons; respect of the entirety by way of rent or rent- charge payable to both, or any money payment or payment in kind due to them from another person. But insuperable difficulties were said to arise and isso . ] >n 'lit- from when it is attempted to apply the statute to cultivation of r 1 ' . the land. issues and profits made by an occupying truant v , Ilimon from the cultivation of the land. We have seen 1;nv< that the language of the judgment went further than was necessary for the case in hand; as the court in fact in that case only decided aeainsl allowing an occupation rent, observing that upon the evidence there was nothing to warrant the (m) Auto, p. 45. 5 ! ACCOUNT < jury in coming to the conclusion thai the defen- dant had received more than hia just Bhare within the meaning of the act, or made any profil at all. Tin- difficulty contemplated by the court as to taking the account never an moreover, it was a difficulty arising oul "!' com- mon law practice, and would not have I"- ii insuperable in a court of equity. luCha 111 the CUSe of Jliidr \. ll'nulhij (fl), Lord kenyoii. Master of the Rolls, directed an account of rents and profits (but not of timber felled'. In the case of Lorimer \. Lorimer(p) t Vice- Chancellor Leach held, that if on a partition hill the defendant appeared to have received more than his jusl .-hare of the vent- and profits of the tte, the court would direct an account, and would ic>t, in analogy to law, confine the relief to partition merely. It does not appear from these two last-men- tioned cases what would he included in the term "profits;" hut if anything more than rent received from Btrangers, they must now be considered to have ^r<'ii overruled by Lord Cottenham's decision in Henderson \. Eason, that the COUrt Would not allow a claim unless and until the party had established a claim at law. (n) 2 < BY TENANT IN OCCUPATION. f,- The sale of timber from an estate would aol p .,..,,.,. ■ , . .. |, >ak ,jl timber. necessarily lall wiilnn the observations oi Baron Parke as to the risk'and profit of cultivation, and the proceeds of such Bale might almosl be treated as money received from third persona to be divided among the parties interested in the land. We have, however, seen that in the case of Hyde v. Hindley, the court, in granting an ac- count of rents and profits received by the defen- dant, omitted (we musl suppose intentionally) to direct an account (which was prayed) of timber felled on the estate. And in the case of Griffies v. Griffies. V.-C. ,;r;,h egv - Kindersley expressly decided against an account for the sale oi timber; he made the following observations: "As each party is entitled to enter on the whole property, there can be no claim by one tenant in common against another for an occupation rent. As to cutting down trees and the other acts of waste alleged in the bill, each tenant in common is entitled to exercise acts of ownership over the whole property, and no charge can therefore lie sustained in consequence of such an act. As both parties concur in asking for an account of rents and profits received from strangers, an inquiry with respeel to them may be made, and also with respeel to substantial repairs and improvements." The last remark brings us to the concluding branch of this subject. 56 Ai coi n i' 01 i;i n rs and pro] i re [fa tenant in common or joint tenant who has been in occupation <>l the estate have expended moneys on substantia] repair- and Improve- ments, he is entitled to be reimbursed what he has necessarily bo expended, or expended with the concurrence of his co-tenants (Swan \. Swt Bui in Teasdale v. Sanderson (a) Lord Romilly, Master of the Rolls, refused to granl the defendant an account of money Bpenl in repairs and im- provements, unless he would, on the other band, agree to pay an occupation rent, observing, "These accounts must be reciprocal, and unless thedefendanl is charged with an occupation rent, he is not entitled to any account of substantial repair- and improvements." The decree in that --■ was accordingly drawn up without any direction for either account. Summary. To miih up the present Btate of the law on this Subject, it would appear — 1. That if one co-tenan1 has been in occupa- tion or receipt of rents and profit- by agreement w ith his companions, if sui juris, or if bj presump- tion of law in the case of infants hi has entered on their estate, he must acoounl for profit- or pay rent, which latter will be either an agreed sum or a sum to be ascertained els a fair occupa- p) 3 Price, 518. q) 83 B i;v ti'.nam l\ OCCUPATIOH .',7 tion rent ; and he may, on the other hand, claim payment or a Bet-off for money laid OUl by him in substantial repairs and improvements. 2. [f, however, the tenant in occupation be in possession as of his own estate alone or be in receipl of rents and profits in his own right, and without agreement from his companions, then lie is only accountable to them for rent or other money actually received from strangers (in which category is not to be included money received by the sale of produce of the land, nor even pur- chase-money of timber) ; and although he is entitled to be reimbursed a proportion of the money laid out by him in substantia] repairs and improvements of the property, the court will not allow him to receive this benefit unless he submit to pay an occupation rent, or to account for those profits which cannot otherwise be strictly claimed against him. Whether this state of the decisions is thoroughly satisfactory, or in accordance with the spirit or true interpretation of the statute of Anne(r), may be questioned; but since the observations (/■) In the argument of* the case, Earl of Kildart \. lace, 1 Win. 421, it was said that the jurisdiction of the courts of equity was grounded on the Btatute which made one tenant in common accountable to the other, so that Bince that statute they had become, as it were, trustees the for the other (quoted in Yin. Abr. tit Partition, p. 241, and Allnatt, 79). - \( CO! N I "1 111 NTS AMi PK01 I PS ! Ill ea of Lord Cottenham, id the case of Henderson \. Eaton s, above referred to, the doctrine of the courts can hardly be altered, except by a review of the cases in the Court of Appeal, unless, indeed, the recent Judicature Ac! Bhould be In-Ill to bave effected a change, in ;i matter somewhat technical in character. Sincr iln- Partition A<-i of 1868, the question is of less importance, as everj tenant in common may now sue for a Bale of tin- property, it' it be uot capable of partition. It may, moreover, occasionally be desirable t<> apply to the court for a receiver before Bale. The court will not grant a receiver if partition or Bale is not prayed t), and even in a partition suit, where the parties are mi juris, it would probably not do bo before the hearing. But where infants are concerned, if the receipt of the rents or the occupation of the property is in the hands of one party, or where there is do person competent to give a valid receipt for rent, under the old practice the courl was frequently in the habit of granting orders to appoint a receiver in partition suits before the bearing; and in many cases, from the impossibility or difficulty of actual partition, the Buit Dever proceeded beyond that Btaj I 2 Philli i/i Tyton v. Fair clough } - St I \2\ Sandford . Ballard, 30 Beav. V BY TENANT IN 0CCUPA1 ' .",!> Uso, after a iudemenl for Bale now under the Bfcctof •' In. powers of the Partition Ah, probably the courl would have jurisdiction to appoinl a receiver until sale, if the tenant in occupation were declared to be trustee for his co-tenants within the meaning of the Trustee A.ct, 1850. The court, however, in the case of Bailey v. fojunction. Hobson (u), refused to interfere by injunction to prevent one tenant, after a decree for sale in a par- tition suit, from removing hay, turnips, and other crops from the land, even though such removal was contrary to custom, as between landlord and tenant. In that case Lord Justice Giffard (re- versing the decision of V.-C. Stuart) held, that the defendant (who was in possession in his own right without consent of the plaintiff, and under no lease or agreement from the other undivided owners) was entitled to remove such crops, as the act complained of did not amount to waste, and the relation of landlord and tenant was not esta- blished. The powers of the Trustee Act were not invoked in that case. But it is presumable that the court would in Actus] any case interfere to restrain an occupying tenant in possession from actual waste or destruction ot the property. - i.. K.. 5 Ch. App. 180. , 60 Practice. plaintiff's title. pieadu I Hi: plaintiff must clearly Bhow his title to bis at of undivided Bhare of the estate by bis Btatement of claim, li was formerly necessary that the plaintiff Bhould >h(t\\ a legal title; an equitable title was not in strictness Bufficienl to Buppoii a partition suit (a). The reason given was, that the plaintiff would not be able to convey bis Bhare if his title were merely equitable. But in the case of < 'art- wright v. PulU m y I b . where an equitable title only was Bhown by the bill, Lord Hardwicke did n"i consider the objection insuperable. He decreed the partition, directing the parties on both Bides to procure their trustees to convey, ami the master t<> Bettle the conveyances. Now, under the new act, probably an equitable title would suffice, even on technical grounds, and the powers of the Trustee A.cl would be available to get in the legal estate. The defendant's title need not be minutely Btated in t li« • plaintiff's statement of claim, nor title. '////,/• \. PVarmington, 1 J. & W. 193; Jopt \. 1 / heady 6 Beav. 218. \ i \DKi; mi BECTION. (II need all the owners of other undivided Bhares be made parties in the firsl instance. For the plain- tiff is not supposed to know the titles of all his co-owners c . and no objection can now be taken by the defendants for want of parties to a parti- tion Buil (d). But it Is of the essenceof a partition Miit thai the title of the plaintiffs and defendants Bhould Boring from one root. There can be uo partition between persons having distinct or ad- verse titles as independent owners (Miller v. Warming ton) (c). The pleadings should likewise show the grounds Reasons for 1 & . . .... sale. on which the court is asked to exercise its juris- diction. If the plaintiffs requesting a sale own a moiety or upwards, it will be sufficient to say that they desire a sale, and the defendants, it' they seek to resist the sale, must state the grounds on which they rely to sustain their objection. If, however, the plaintiffs own less than a moiety, they should state a case giving them a rieht to it under the 3rd or 5th sections, and it will then be sufficient for the defendants to traverse the statements of the plaintiffs. If one parly has received more than his just Account. share of rents and profits, or, on the other hand, if a party have expended his own money in per- manent improvements of the joint property, then - "Baring v. Nash, 1 Ves. iS: B. 551. (d) Sect 9 of Partition Act, 1868. 1 Jac & W. 493. 6'2 I'liACTICK. Jndgmenl al tho bearing. Preliminary inqni] plaintiffs. the facts should be Btated on the pleadings, and ,111 account be asked for. The court will in ;i proper case make a judg- ment <>r order for a Bale under the powers of the Partition Ad, L868, at the hearing of 1 1 1 < - cause without preliminary inquiries, if all parties are before it and the title has been duly proved and the proper requests have been made Lees \. ( button (f) ; Mildmay v. Quick I (g). I Usually, however, the court directs preliminary inquiries, and the following are forms of a judg- ment or order for Bale under the powers of the three Beveral sections of the act, which we have previously considered : — / ' mil r the -\th Section, [Jpon motion for judgment this day made unto the court by counsel for the plaintiffs, and upon hearing counsel for tin' defendant, and upon reading the plain- tiffs' Btatemenl of claim : \iii| the plaintiffs who claim to 1>< interested in a moiety a ml upwards of the hereditaments in the plead- ings mentioned by their counsel t requesting a sale thereof t and a distribution of the proceeds instead of a division of the -aid hereditaments between or among the parties interested : The court doth order thai an inquiry be made ■who are th<' partii - into rested in the hereditaments and pro- perty in the pleadings mentioned, and for what estates and interests, and in what shares and proportions, and win ther they are parties t<> this action: And if it -hull be certified thai all the partii 9 l . !:.. 20 I'.j. 537. UNDEB I hi BEC1 EON. (J.'j terested are parties to this action and that the plaintiffs are interested to the extent of one moiety or upwards in the said hereditann nts i It is ordered thai the said hereditaments be sold with the approbation of the judge: And it is ordered that the money to arise from such sale 1"' paid into court to the credil of this action (A): But if it Bhall 1"' certified that all parties interested are not parties to this action, then it is ordered thai any of the parties interested are to be at liberty to apply to the judge at chambers for a sale of the said heredita- mentswhen it shall have been certified that the persons who ought to be served with notice of this order have been so Berved, and that the parti s or party interested collectively or individually to the extent of one moiety or upwards in the said hereditaments request a sale: And it is ordered thai the further consideration of this action be adjourned, and any of the parties arc to be at liberty to apply as they should be advised. The plaintiff must, of course, prove his title. Evidence. The court will not grant an inquiry in order to enable the plaintiff to complete his own title (i). The only evidence necessary for the hearing 1 in an unopposed case under the 4th section, where the plaintiff owns a moiety and requests a sale, unless he desires to dispense with the preliminary inquiries, is the proof of the instrument creating the joint tenancy, and a general affidavit con- cisely verifying the facts stated in the statement of claim, including the plaintiff's title. (//) Scott v. Watson (V.-C. Hall), 1876, S. 180; P - berton, 2nd ed., p. 574; Senior v. ffereford,4 Ch. Qiv. (i) Jope v. Morshead, i> Beav. 213. ,; j PRA< I I* I The defendant may resist a Bale it he can Bhow the court "good reason against it, the onus 1\ ing "ii him. In a contested case, therefore, evidence would be required to rebut the case made bj the defen- dant. • by We have Been that the defendant in a partition i.tnt. liii -uit may requesl ;i Bale, and Hint Hie court must grant it it' the defendant owns ;i moiety <>r up- wards of the property, unless the plaintiff can -how good reason to the contrary . [Jpon motion for a decree this day made unto this court by counsel for the plaintiffs, and upon hearing counsel for the defendant, and upon reading the answer of the defendant filed the 20th day of September, 1875, :m affidavit of the plaintiffs filed the 22nd day of December, L 876, and the admissions dated the Ith day of January, 1876, signed by the solicitors for the plain- tins and the defendant, and the documents therein re- ferred to; and the defendant by his counsel requesting a sn/r of the hereditaments and premises in the bill mentioned devis d by the will of the testator in the l»ill named, and m distribution of the procei ds instead of b division of the Baid hereditaments and premises between or among the parties interested, this courl doth order that the following inquiries and accounts be made and taken, that is to say: — 1. An inquiry who are the * vera! persons inter I in the said hereditami nts and premises, in what shares and proportions and for what estates and interests, and whether such persons are respi ctn elj parties to tlii- cau •j. \n inquiry what incumbrances affect the entirety i ndi.i; iin SECTI01 i\r, of the said hereditaments or of any and whal parts thereof. 3i An account of wliat is due to such of the incum- brancers as Bhall consenl to the sale hereinafter directed In reaped of their incumbrance -. •I. An inquiry what are the priorities of such last- mentioned incumbrancere And if it shall be certified thai all persons entitled to the said hereditaments and premises are parties i<> this cause, and that the defendant is interested /<> the extent of one moiety or upwards in the said hereditaments and premises: It is ordered thai the Baid hereditaments and premises be sold, with the approbation of the judge, free from the incumbrances (if any ) of such of the incumbrancers as shall consent to the sale, and subject to the incumbrani of such of them as Bhall not consent] (i) : and it is ordered thai the money to arise by the sale of the said heredita- ments and premises be paid into court to the credit of this cause (Meredith v. Hampden, 1875, M. 175); [and if such money or any pari thereof shall arise from real estate sold with the consenl of incumbrancers, the money so arising be applied in the first place in payment of what shall appear to be due to such Last-mentioned incumbrancers according to their priorities] (i). Bui in case il shall appear that any person interested in the hereditaments and premises or any pari thereof arc not parties to this cause, i1 is ordered that the plaintiffs be at liberty to apply to the judge in chambers foran order for sale after it Bhall have been certified that the persons bo interested who are parties have beer served with notice of this decree, and it is so ordered that the further consideration of this cause be adjourned, and any of the parties arc at liberty to apply as they may be advised. (0 See observations post, p. 66. L. 66 PBACTH i Ii will be seen, from the language <»l the fore- going forms of onlcr under the Mi section, thai parties requesting a Bale may have a conditional order for Bale at 1 1 1 < - hearing, Bubjecl to proof of their title to ;i moi< ty or upwards of the property. Hut it' the parties requesting n Bale Bhould prove to have less than a moiety, then it will lie necessary to come again to the court on further consideration and to -how ;i case under the 3rd or 5th sections, ting It is open to question whether tin' clauses iin|iiirv rt-I.it- . . ing to incom- relating to incumbrances, which we nave dis- bran( . iiii i • ii p ill ini"ui-hed bv brackets m the la-i torm, should l.c inserted except in special cases by the discre- tion of the court. If omitted, the inquiry as to the persons interested will >till include all such incumbrancers as come in to prove their claims, ami the others would he left to their ordinary reined: There SeelllS to D€ UO adequate reason tor specially protecting those incum- brancers who do not assert their claim-; and, on the other hand, a very great burthen is cast on the plaintiff and other parties t<> a partition action, and serious expense and delay may be caused by Bpecial inquiries as to incumbranc with Buch inquiries it will he necessary for the chief clerk to have an affidavit in respect of even -hare before he can make his certificate, or the -ale proceed. It we Buppose a case where gome hundreds of -hares exist, tic owners of UNDER 3BD SECTION 67 which are scattered in various parts oftheworld, it is easy to sou how expensive and fruitful of delay such a process must be. The same ob- servations apply to an Inquiry whether any of the parties have settled their shares. In any case the chief clerk's certificate must Certifica be made before a sale can be proceeded with, as Bale. ' '*" there is no power in the court to decree a sale until the court is satisfied that the parties whose interests are affected have had due notice or are protected. Therefore a sale made by anticipation before certificate in a partition suit of a portion of the property was set aside on the application of the purchaser to be discharged from his con- tract {Powell v. Powell) (j). I 'iider 3?'d Section. Here the parties requesting a sale own less 3rd section, than a moiety; the pleadings should show the circumstances which render a sale expedient rather than a partition. \\ e have treated of these circumstances above (vide page 34). Evidence of the circumstances relied on should Evidence, be given by the parties requesting a sale. Such parties may be either plaintiffs or defendants. The court will, at the hearing, decide on the weight to be given to the reasons for sale, and, if sufficient, will refer it to chambers to 0) L. R., 10 Ch. App. 100. f 2 PRA( PI( I inquire as to parties, subject to which inquin the sale will proceed without coming back to the art . of order. The plaintiffs [or defendants . 1»\ their counsel, re- questing a sale of the lands and premises, situate, &c; and it appearing to the courl thai by reason of tin- natun the said property [or of the number of the parties all i tob int L or presumptively interested therein, I lie of the property and :i distribution of the | i will be more bem ficial for all the parties in: rest d than a division of the property between or among them, L I an inquiry be made \s 1 n > are the parties interested in the Baid lands and premises, and in what shares and pro- portions, and fin- what estates and interests. And if it -hall lie certified thai all the parties entitled t • inte- rested in tlir undivided shares in the Baid hereditaments are parties to this ean-e. and that [tin- parties requesting tin- sale] are some of such parties, Let the -aid land- and premises I"' Bold with the approbation of the judge. Directions for payment into court of pur- chase-money. Bui if it shall he certified that all the persons interested are nol parties to this action, Let any of the persons interested be at Liberty t<> apply t<« the judge at chambers for a sale <>i the Baid heredita- ments when it shall bave been certified thai all persons who are not parties and v.l ughl to be Berved with notice of this order have been so servi I. Adjourn further consideration. Liberty to ftpprj ■ / ' inli r 5th Section. sth tad \ case comes under the 5th section where a plaintiff requesting a sale has less than a moiety Hildmay v. Quick M. EL), L. Ft, : Drinkwater v. Ratcliffe, I.. EL, 20 Eq. 528; Pemberton, '.. p, 57 i- i mm. i; 6tb SECTION. gg and is unable to convince the court of the neo Bity of ;i Bale, <»r thai a Bale would be for the benefit of- the majority of the parties interested. In Buch case the plaintiff must satisfy the court that hardship will be inflicted on him it' he should be prevented from realizing the value of his Bhare, and he Bhould therefore direct his evidence to this question. 'I he court in such case may call on the de- Pendants to undertake to purchase the plaintiff's Bhare, or in default may order a sale. The order in the latter event will be similar to the form of an order under the 3rd section, with the following recital: — CTpoD motion, &<•. made unto the court by counsel Form of order. for the plaintiffs, and upon hearing counsel for the defendants and reading, &c: . \iiil the plaintiff- who claim to l)o. interested in one- nth part of the hereditaments in the pleadings mentioned by their counsel requesting a sale thereof!, and a distribution of the proceeds instead of a division of the said hereditaments between or among the parties interested : And the defendants who claim to be interested in the remaining six-sevenths of the said hereditaments rc- fusing to undertake to purchase the share of the plain- tiffs at a valuation, and it appearing to the court that the plaintiff cannot otherwise realize the full value of his share by a sale thereof separated from the remain- ing shares of the said hereditaments, and the court in the exercise of its discretion, having regard to the cir- cumstance- aforesaid and to the nature of the property, considering it tit to grant the plaintiff's request for sale: 70 l'KA.'Ii This court tl« » 1 1 1 order that the following inquiri ade, thai is to Bay — An inquiry who are the par:' I \c as under \)n! section], In the event of the defendants giving an under- go pan : . . • i taking to purchase, the judgment may be m the following form: — v. ..... . .(i. and R. F.,by their osel, und purchase, and the plaintiffs, by their counsel, consenting to sell, the one-seventh Bhare to which the plaintiffs are entitled of the mi a and lands situate, &c, and also the one-seventh Bhare of the aid which the defendant J. \j. is entitled at Juatinn, Let a valuation be made in chambers of such shares respectively accordingly. And in case the said defendants W. G., G. G. shall n quire the Bame, Lei an inquiry be made whether a good title can be made to tlir Baid Bhares respectively. And in case the Baid defendants Bhall aot require such inquiry, or in © shall appear thi an be made. Let the defendants W. G., (i. (i. and R. P., within ten days a I Irr the date of the chief clerk's certificate, pa) to such pei ball 1"- <•< rtiiii d to 1"' i mi ceive the ae the respective amounts of such valuation, and thereupon lei the plaintiff and the defendanl J. L., or bu< ahall be n< cessary, and all other n< ] parties, execute a proper conveyance of the Baid Bha ctively to the defendants \\ . G. G. and K. P. (such conveyance to be settled bj the judge), and of such valuation be paid by the said W. G., G. G. and l>'. F. I • uch i. &c. in i tlir partii - differ l. But it has been already shown (p. 44, ante) that the court cannot compel a plaintiff to sell UNDEB Bra SECTION. 71 his share if he Bhould refuse to do bo; and it therefore follows, that if in such case the plain- tiff is not considered to lie entitled to ;i sale on one of the grounds mentioned in the 3rd section, lie must, elect either to have a partition or to have his action dismissed. He may, however, claim to have a partition, Partition may J be claimed. which is his primary right, and id that case the usual partition decree will be made (Williams v. Games) (J). The following is the form of the usual judg- ment for partition, which is thus the last resort of a plaintiff to whom the court refuses a sale: — This court doth order that an inquiry he made who Formofjudg- are the parties entitled to the hereditaments in the partition, pleadings mentioned, and in what respective shares or proportions, and for what respective estates and Late- rests, [and whether any and which of such shares arc subject to any and what settlement or incumbrance ' I m): And if it shall appear that all the parties entitled to or interested in the Baid shares and interests (m) [or the settlement thereof or incumbrances thereon respec- tively], are parties to this action, it is ordered thai a partition be made in chambers of the said heredita- ments between the several parties interested therein: And it is ordered that the Beveral portions of the said hereditaments which shall be allotted to the parties in respect of their respective shares and interests, be held by them in severalty according to Buch allot- h L. R., 10 Ch. App. 204. (;«) See observations ante. p. 66* PRAl i ICE ruents ■ and subject to the settlements and incum- brances, if any, affecting the same respectively | (»): Ami ii i- ordered thai the parties hall be allotted to each of the said parties, be delivi red to them respectively: And it is ordered thai Buch deeds and writings as relate t<> any pari of the said hereditami nts, which shall be allotted to one of the Baid parties jointly with other part- allotted t<> the others or other of them, be depo- sited with the clerk of records and writs until further order: Liberty to apply Saicofpait There is nothing to prevenl the courl from and partition i • 1 ,■ i • • r . i of o&er part, ordering a sale 01 pari and a partition 01 other part of the -ante estate in tin' Bame action. This was done in the case of Roebuck v. Chadebet (0), both parties being willing; but whether this could be done adversely has not been decided, and may be doubted. The case of Williams \. (limns /1 doc- not immediately bear «>n this point, but Borne of the observations may have an . 1 long ante, p. I (//, // illiam v. Gam 1 H. B.), I 1 bruary 20, I874j Pemberton, 2nd ed., p. 575. I.. I;.. 8 I,,. 127. I.. !>'.. I<» ( Ii. App. 204. i'nm.i; ;.iii SECTION. 7;j indirect application, and do Qot favour the opinion thai tin- court could adversely order a pari only of an estate to be Bold and the rest partitioned. On the other hand, it was said in Storey v. oidi«w. Johnson, and other cases, that the whole of an estate need not necessarily lie partitioned under the old law. This must, however, mean thai the court need not insist, for any party having an undivided -hare niav claim a partition as of right. It was frequently the case that tin 1 court re- frained from extending the partition to the shares of those Who did not desire separation (rj). The case of a sale is, however, different; for a part of an estate will not always sell as well as the whole, and the statute of 1SG8 does not seem to con- template the sale of a part only. It was, however, argued in liorlmck v. (Jhadcbct Two suits, that two suits might be brought, one for partition, the other for sale; and, therefore, it may be in the power of a plaintiff, if not of a defendant, to arrange the proceedings as to give the court power to direct a sale of one part and partition of another part of a large and complex property. (y) Hobson v. Sliencood, ■[ Beav. 184. • 74 ) Liberty to bid (Sixth Sect). G. Authority For Parties interested to bid.] — On any sale under this act the court may, if it thinks fit. allow any of the parties interested in the property to bid at the sale, on such terms as to nonpayment of deposit, or as to setting oj) accounting for the purchase-money or any part thereof, instead of paying the same, or as to any other matters, as to the court seem reasonable. — to The practice as to the conduct of the Bale ptrtoerahip. Qnder a judgment or order in a partition Buil ia analogous I i that adopted in sale- in suits for dissolution of partnership, of the partnership pro- perty. It is both beneficial and right that each co- owner of properly sold under the Partition Act should have leave to bid on the one hand, the greater the number of bidders tin- better the sale, and, on the other hand, no person has a better right i" try to become tin- purchaser than one whose Bhare in the property has been forcibly converted for the general benefit. The plaintiff usually has the conduct of the gale, and. if lie d< -ii< - to bid, ii is apprehended LII1KUTY To 1$I1>, (JTH SI. ("I [ON. 7, that the proper course is thai adopted in the case of Rowlands v. Evans (a), where, in ;i suit for dissolution of partnership, both parties wete allowed to bid, and the conduct of the Bale was given to an indifferent person. And it is ordered (hi | be sold, with the approbation of the judge, by a person to be appointed by the Baid judge for thai purpose. Where all parties to the action have liberty to Soi: . appointed t > bid, a solicitor not concerned for any of them to conduct the be mutually agreed on, or in default of agreement to be nominated by the judge, will be appointed to conduct the sale (b). In Pennington v. Dalbiac (c), V.-C. Matins Exception. allowed the plaintiffs to bid although they had the conduct of the sale, and although there were absent parties and parties under disability. In that case; no objection was raised, and the \ ice- Chancellor, without wishing to break in upon the general rule, thought it a peculiar case. It Mould not follow, however, in any similar case, that the purchaser might not take an objection alter the sale, or that some of the absent parties might not apply to invalidate the sale, it' the plaintiffs became the purchasers. If a party to the action, who is interested in i>... («) 30 Beav. 302. (b) Vide Daniell'a Ch. IV.. 5th ed. 1153. (c) is W. K. 684. ;,; LIB! RTY h> BID, 6TH SB I [I »N. the property sold to the extent of upwards of one- tenth Bhare, Bhould also become the purchaser of the estate, it would be manifestly jusl in the majority of cases to dispense with the usual deposit of 10 per cent, usually made !>\ purchasers <»n account of tin' purchase-money, and this the court has power to do under the 6th section. [1 is equally just that Buch a purchaser should j'art "f DOT- in! i l r i • l monej. be allowed to set the value ot his own Bhare against the purchase-money payable for the w hole estate, and only pay into courl the difference. The Master of the Rolls made an order to this effect in t lie case of Wilkinson v. Joberns ( lor enabling the parties who arc present, and desire to insist on their rights, to obtain a partition or sale in spite of the absence of their co-owners. The same provisions apply in cases where the Numerous or e> • • i« unknown. parties, although not out or the jurisdiction, are either unknown or so numerous that they cannot be personally served without an expense dispro- portionate to the value of the property. The 9th sect, of the Partition Act, 18G8, is as follows: — 9. Parties to Partition Suits.] — Any person otb section. icho, if this act had not been passed, might have maintained a suit for partition, may maintain such suif against any one or more of the parties interested, without serving the other or others (if an?/) of those parties; and it shall not be com- petent to any defendant in the suit to object for jrg AB8BNT PABTQSa inqoL want of parties; and at the hearing of the cause the court may direct such inquiries as to the nature of the property, and the persons interested therein, and other matters, as if thinks necessary or proper with a view to an order for partition or sale being made on further consideration; but all jh rsons who, if this act had not l» < n passed, would hare been necessary parties to the suit, shall be ■ - served with notice of the decree or order on the hearing, anil after such notice shall be hound by the proceedings as if they had been originally parties to the suit, and shall be deemed parties to the suit; and all such persons may have liberty to attend the proceedings; and any such person may, within a time limited by gem ral orders, apply to the court to add to the decree or order. The above quoted provision is supplemented by the 3rd sect, of the Partition Ah, L876 — BidiecLPait 3. Power to dispense with Service of Notice of I decree or ( >rder in Special ( lases. — WJu re in an action for partition it appears to the court that notice of the judgment on the hearing of the cause co n not be sirred on all the pi rsta/s on irhoni that notice is by the Partition Act, L868, required to d. or cannot be SO Si rr< d without i.cpiirc disproportionate to the value of the property to which the action relates, the court may if it thinks jit. on the request of any oj the parties interested in the property, and notwithstanding the dissent ABSENT PARTIES. 79 or disability of any others of them, by order^ .\.. .".'.'. ' ' menti Instead dispense with that service on any person or class of service in of persons specified in the order, and, instead thereof, may direct advertisements to be published at such times inul in such manner as the court shall think fit, calling upon all persons claiming to he interested in such property who have not been so served to come in and establish their respective claims in respect thereof before the judge in chambers within a tunc to be thereby limited. After the expiration of the lime so limited all persons who shall not have so come in and established such claims, whether they arc within or without the jurisdiction of the court {including persons under an// disability), shall be bound by the proceedings in the action as if on the day of the date of the order dispensing with service they had been served with notice of the judgment, service whereof is dispensed with; and thereupon the powers of the court -under the Trustee Act, 18o0, shall extend to their interests Application of in the property to which the action relates as if i860, to al they had, been parties to the action; and the court may thereupon, if it shall think ft, direct a sale of the property and give all necessary or proper consequential directions. 4. Proceedings where Service is dispensed Proceeds of with.] — Where an order is made under this act dispensing with service of notice on any person or gQ • - I \ I r \K I II B class "f persons, and property is sold by order of the court, th< following provisions shall hath effect:— nentinto (1.) Thi proceeds of sale shall be paid into court to abide the farther order of the court : Time for di*- 2. The court shall, by order, fix a time, at trilniti.in to , , . • .' I ■ I | / / ■ // the expiration oj which the proceeds wilt be distributed, and may from time to time, by further order, extend thai time : Kotj (3.) The court shall direct such notices to be baring taken . , ; , • . . / given by advertisements or otherwu it thinks best adapted for notifying to any persons on whom servia is dispensed with, who may not have previously come in anil established their claims, tin of tin sale, the time of the intended dis- tribution, inn! the time within which a claim to participate in the proceeds must be i mule : l. If at the expiration of the Una so fixed or extended the interests of all th persons ini( rested have l'i ' n asci rtained y the court shall distribute the proceeds in accord' a, ice with the rights of thorn persons: \vi,.-n- an par- (5. I fat tht expiration of th time so fixed or r 1 ' extended the interests of all th persons A38BNT PARTIES, gj interested have not been ascertained, and it appears to the court that they cannot be ascertained, ot cannot be ascertained without expense disproportionate to the value of the property or oj the unascer- tained interests, the com-/ shall dis- tribute the proceeds in such manner as appears to the court to be most m accordance with the rights of the per- sons whose claims to participate m the jinn-tills have been established, whet Iter all those persons are or are not before the court, and with sneh reservations (if any) as to the court may seem fit in favour of any other person* [whether ascertained or not) who may appear from the evidence before the court to have any prima facie rights which ought to be so provided for, although such rights may not have been fully esta- blished, but to the exclusion oj' all other Illusion from /,/ a i ,i participation. persons, and thereupon all sueli. other persons shall by virtue of this act be excluded from participation in those proceeds on the distribution thereof', hut notwithstanding the distribution any ex- cluded person nan/ reconr from any participating person any portion re- ceived by him of the share of the ex- cluded person. 92 AKslN l PARTIKS The following is b form of judgment under the up in under . . . ... !»ili section nl t lie original acl : — Lei an inquiry be made who arc the persona respectively entitled to the lands and bereditami in the pleadings mentioned, and for what and interests respectively, and in what shares and propor- tions, and whether they or any and which of them are pari j to I ' ion. mptkn In the case of Rawlinson \. Miller a . :•■!• \ .-( . Manna presumed an owner <>t an un- divided sixth Bhare, who had not been heard of for seventeen years, to have died without issue, and the \ ice-Chancellor held the purchaser bound tu accept the title. i.. EL, i Ch. i). 52. Ollt I 83 ) Application of the Trustee Act, 1 sr>< >. 7. Application of Trustee Act.] Section thirty of l he Trustee Act, L850, shall extend and apply to cases where, in suits for partition, the court directs a sale instead of a division of the property. The object of the incorporation of the 30th Object of section ot the lrustee Act into the Partition Act, 18G8, is to render possible a conveyance of the Legal estate in every case where the court >h;ill have directed a sale of land under the powers of the latter act. It is clear that, in any case where the court to bind legal has jurisdiction to make judgment or order for sale, Buch order binds in equity the interests of all persons, whether or not they are in exist- ence; but, without the aid of the Trustee Act, iu many cases, no conveyance of the legal estate could be made to the equitable owner. The effect of the powers of that act is to bind the legal estate. The 30th section enact-, that where any decree (now judgment) shall be made by any court of equity for partition of lands, it. shall be lawful for the court to declare any of the parties to be trustees within the meaning of the act, or to declare concerning the interests q j TOE TBUSTE1 ACT, I860 of unborn persons w 1 1 « » might claim under any party to the Buit, or under the will or voluntary settlement <>t any person deceased, who was, during his Lifetime, a party t«> the transactions concerning which Buch decree is made,— that such interests of unborn persons are the interests of persons who, on coming into existence, would be trustees within the meaning of the act toeffi The effecl of Mich declaration is to make the Mute. beneficial ownership ol Bucn co-owner recede from those parts of the land awarded to others and become concentrated <>n the Bhare awarded to him, bo that he is by operation of law trans- formed from au owner iu his own right of an undivided share in the whole property into an exclusive owner in his own right of a part only, and a hare trustee for his co-owners of an un- divided Bhare in the remainder of the property. Power to make If, therefore, any owner BO declared to he ;i ting .Tiler . .'.... . . or appoint trustee is under disability or l- absenl or retuses to convej . the previous clauses ol the I rustee A.cl will come into operation, by virtue of which the court ha- power either to make a vesting order in favour of or to appoint a person to convey the estate of the trustee i<» the person or persons beneficially entitled under the partition. i„ , In case of a Bale being ordered under the Partition Act. 1868, the trust created by the decree or judgment of the court will he in favour of the purchaser in tead ol the co-owners ol the THE TBI 81 BE ACT, I860. property. And the couii will make an order vesting the estate of the trustee bo constituted iii the purchaser, or will appoint a person to convey such estate to the purchaser on liis behalf. It will be seen from what bas been said, that, other ectuma 11 11.1 • p i m * .of Trustee A< t. although the 30th Bection <>l the I rustee Act is alone mentioned, yet that many other sections of thai act arc, in fact, imported into the Par- tition Act — more especially the following: — Sects. 3 and 4, conferring power on the Lord Chancellor to make vesting orders, haying the effect of a conveyance or release of hinds or contingent rights in land held or possessed by lunatics or persons of unsound mind upon any trust. Sects. 7 and 8. The like power to the Court of Chancery in the case of infant trustees. Sects. 9, 10, 11 and 12. The like power to the Court of Chancery in the case of trustees who are out of the jurisdiction of the court or cannot be found. Sect. 13. The like power in the case of two or more trustees who shall have died, where it is uncertain which was the survivor. Sect. 14. The like where it is uncertain if the last trustee be living or dead. Sect. 15. The like where the trustee dies with- out an heir. Sect. 16. The like where land- are subject to 86 1 UK 1 UI S I I I Ai I. 1850 a contingent righl in unborn persona or classes of persons who. upon coming into existence, would become Beised ot sucb lands or any trust. Sect 20. Power for the Court of Chancer] to a j >l >< m 1 1 1 a person to convey instead <»i making ;i vesting order in manv cases authorized by the act. - t. "J s . Provision as to the effect of a vesting order in the case of copj holds. Sect. 44. Provision in favour of purchasers as to the legal validity of vesting orders of trust estates, with Baving clauses in favour of the jurisdiction of the court to revise it- order and to award costs ■ TnutwEx- Sect. 2 ofthe Trustee Extension Aot, 1852 b , tension a I ■ , ,. ., ,• ,■ provides for the case ol a trustee refusing or neglecting to convey after demand from a person beneficially entitled <■ . Extension by By the 3rd section ofthe Partition \ct. L876, Partition Act, , .. i 1 . 1 t \ the powers ot the court, under the trustee A.ct, L850, are declared to extend to the interests of persons advertised for under the powers oi that Vide Appendix, p. 132, where the clauses of the act it in ii(< n>-i>. i the order of thi court. I • park Foley t 9 S m. 395. THE TRUSTEE A<"i. I *7 Bection, and who Bhall not have come in and established their claims, as if they had been par- tics to the action. This is an important and necessar) extension of the powers of the court, for it will be observed that the 30th section of the Trustee Act only applied to persons who were parties to the Buil ; and although the 9th Bection of the Partition Act declared that persons served with the decree Bhould be deemed parties to the suit, yet there \\;is no provision in the case of persons who could not be found, and who were not parties. The following may serve as an example of the Exampieo* application of the provisions of the rrustee Act, 1H.;0, to cases of sale under the Partition Act. Lees v. Coulton(d) was a partition suit, pray- ing a >ale. The real estate in question was of great value, the persons interested very nume- rous, and their titles complicated under the limi- tations of a portion of the estate; unborn issue might become entitled; all the persons in exist- ence were parties to the suit. The Master of the Rolls (Sir (i. Jessel) considering the title proved, granted an immediate decree for Bale, and de- clared that unborn issue coming into existence would be trustees of then respective interests, bul lie declined to appoint a new trustee in their place at omv. An application for that purpose [d) I.. B., 20 Eq. 20. 1 III. I'KIM II .Ul waa directed to be made after the order should* 1ki\ e been draw d up. Ponn d order. Form of Order .] — Declare that the several parties to this cause are trustees within the meaning of the Trustee A < i . I860, of their respective shan - and inte- rests in Baid lands wiihin the meaning of the Trustee \<\ 1850, and thai the several interests of all unborn persons who may claim under the will of J. Ij., the father, in the hill named, are the interests of pert who, upon coming into existence, will be trustees within tlie meaning <>f the Baid act. rnhom \- tu the meaning ol unborn persons m i tod . . r unascertained the 30th Section 01 the mister Act, the Master of the Rolls decided, in the case of Basnett v. Moxo7i(c), thai those words extended to persons (such as the heir-at-law of a living person) who, although in existence, were not ye1 ascertained, or had not acquired the character necessary to entitle them to the estate intended to be affected. "The objecl was t<> enable the courl to convey a future legal estate devolving on a person who could not be made a party to the -nit." . ,,f The powers <>f the Trustee Act have been i • i ■ . i ■ . • .i *.' explained m then- operation upon the practice. hut an important legal enecl upon the rights of infants remains to be noticed. Formerly, no decree could ^>~ made againsl an infant without giving him a day to >ho\v cause idler coming of age, and in cases of partition no i I.. I,\. 20 Eq. 182. THE TRUSTEE act, 1850. DO conveyances could be executed until after thai date (f). Even in cases where the infant was plaintiff sometimes the same rule prevailed g . The incorporation of the Trustee Act with the Partition Acts now empowers the court, instead of giving the infant a !' the following purposes ! — ,, , lf l. The redemption of land tax or the discharge '.;.','!,■ of any incumbrances affecting the heredi- taments in respect of which the m iy w;i- paid, or other hereditaments subject tu ill!' Bame uses and trusts : Pmtbi 2. I he purchase of other hereditaments, to be Ull'l. Ill I I 1 • -i ■itlcd m ilir same manner us 1 1 1« ■ lierccli- THE SETTLED ESTATES ACT. f) 1 laments in respect of which the money was paid ; or ;$. The payment to any person becoming absQ- Paymentto ' II . htillnl. lutely entitled. Section 25 provides that, until applied for Borne [nrestment or one of tin- purposes aforesaid, the purchase- money Bhall be invested in exchequer l>ill> or three per cent, bank annuities, and the interest or dividends paid to the person who would have been entitled to the rents and profits of the land if the purchase-money had been invested in land (a). The incorporation of these sections from the Equity for re- n rv • conversion. Settled Estates Act has the effect of creating an equity for re-conversion of the purchase-money into land, in the case of sale of the property of infants or persons under disability, by virtue of the powers of the Partition Act (Foster v. Foster) (/;). As to the securities authorized by sect. 25, Proceed there is some conflict of judicial opinion whether under the con- , . i i i i' i • i i i trolof the the category is to be held as having been enlarged court, by Beet. 10 of 23 k 24 Vict. c. 38, and the rules thereunder, for investment in Hank Stock, East India Stock, £2: 10s. per Cent. Annuities, mort- gage of freehold and copyhold estates in England and Wale-. Reduced £3 per Cent and New l'.*5 < '/ ) Yitlc Appendix, p. 1 38. A I.. R., 1 L'h. 1). .-,33. 92 THE SI I fLED ESTATES At 1 ■ per Cent. Annuities. Vice-Chancellors Malins and Hall are of opinion thai it is bo enlarged. The Master of the Rolls, however, considers him- m It' bound to the contrary opinion by a decision of Lord Selborne c . r«vmmt to Is to the power contained in the 23rd section to order paymenl to trustees, it is evidenl that it is only intended to apply to cases where the money has to be reinvested, and thai the court will exercise a discretion as to the persons to be so entrusted, and the circumstances of the case. In Aston \. Meredith d), \ '.-('. Bacon refused to order paymenl to a Bole surviving trustee, by him to lie divided amongst the persons entitled. Infant not .a It Would seem tllilt the lliere ]>;i \ 1 1 K 1 1 1 of nil infant's money into court, under the provisions of the Settled Estates Act, will not constitute an infant a ward of court u*). ward "i court. , //, Taddy, L. I.'.. L6 Eq. 588; R< Fryer, L R., 20 l'.,|. 469 j Langmead v. Cockerton, W. N. 1877, p. 48. (d) L. B., 13 Eq. 492; Bee post, p. 107. , //, Hodges, 3 K. & .). 213; /<'< Hilary, 2 Dr. >v 5m. 161. ( 93 ) Leading Cases. The following brief account of the principal re- ported cases which have been brought before the court under the Partition Act, 1868, may be useful to the practitioner. Lys v. Lys (a) was one of the first cases Lyir.Lyt. which came before the court under the Act of pend 1868. The bill had been filed before the act ^ t \ ,, I uder 4 tii was passed, and had prayed for a partition or ■ ection - a sale if beneficial to the infant plaintiff in the opinion of the court. The defendant resisted a sale. The court held the operation of the Act of 1868 to be retrospective, and to apply to partition suits instituted before the passing of the acts. The Vice-Chancellor Giffard said that a sale ought not to be directed without giving the defendants an opportunity of filing affidavits for the purpose of showing that a Bale would be injurious to them. The cause stood over for that purpose, and the defendants failing to satisfy the court on the occasion of its again coming on that any reason existed against a sale, the court ordered a sale under a L. K.. 7 i:.|. 127. ;, j LEADING CA8B8 the 4th BectioD <»n the request of the plaintiffs ou ning b moiety of the estate. Pryot \. Pruor I b was b case of b lull filed "... ,,,,'.,, .- . ,,, r . and decree made tor partition under the old law ;:;;;;;;, >t before the Partition Act, 1868. Some of the ■• • ' parties desired a Bale, and applied by Bupple- ainl siilo I ll.li ,,r ' 1,n '' 1 l mental l>ill for a Bale. The Court of Appeal refused the application, Lord Justice James Bay- ing, " I do not think we can alter the decree. In a partition Buit no doubt the court has now power to order a Bale, but in this case there is a decree in existence. Every party to the Buit had under the decree a right to have a commission, and 1 do not think this act of parliament has taken away that right." In Lees v. Condon ! c\ a decree for sale was Cnultun. 11- l • l i ■ l i , )ci . made at the hearing, the title having been proved al h " irm - by affidavit. The Master of the Rolls said that. Trustee Act, :i - the title had been proved at great expense, an immediate decree for Bale would \>r made, and that there would be a declaration that the parties to the suit were, and that unborn issue upon coming into existence would he. trustees ol their respective in- terests; hut that as they could onh be constituted trustees by the order, it seemed to him to be going too Far to appoinl a n< \\ trustee in their place at once, and that it would he better to make an appli- cation for that purpose aftertbe order wasdrawn up. I. I:.. 19 I. [. 595j and on app al, 10 Ch. App, , I. l: 20 Eq 20. LEADING casks. gg The minutes were as follows : — Declare thai the several parties to this cause are trustees within the meaning of the Trustee A.ct, L850, of their respective Bhares and interests in the several estates hereby directed to be sold; and that the interesl in Buch Beveral estates of all unborn persons who might claim 11 in It t the will of J. I;., in the bill named, are the interests of persons who, upon coming into existence, will be trustees within the meaning of the said act. In Roebuck v. Cltadcbct (d), the l>ill was for Ttoehuekr. V ' thud, l„t. partition, and counsel al the hearing asked for a partitionof Bale of a part, and a partition of the remainder thereat.' of the estate. Counsel observed that two bills l,':;-,,',;' 1 " 1 might have been filed, one praying for partition Title of parties r J ° * proved. of the part of the property sought to be parti- Trustee Act, tioned, and the other praying for a sale of tin; part BOUghl to In- sold, and in that case the court would have jurisdiction to make decrees accord- ing to the prayers of the two hills; and that being so, he submitted the same thing ought to be done on one bill. There was no opposition, and the Master of the Rolls made the decree, as asked, in the following form: — Declare that each <>(' the plaintiffs is entitled to a sixth, &c. And the plaintitls and the defendanl E. ('., by their counsel respectively, desiring that a partition should be made of such parts only of the said heredita- ments as are comprised in the first Bchedule to the affidavit of J. L., and that the hereditaments comprised in the second and third schedules to the said affidavit, [d) L. R., 8 Eq. 127. 96 I.I ADINt. CASES being 1 1 » « - remaining parts of the said copyhold heredi- taments, Bbould be Bold; and the oourl being *»i* »i]»iiiw»t» thai a Bale of the said hereditami tits comprised in the Baid .t. -(UhI and third schedules, and a distribution of the proceeds, will be more beneficial to the infant de- fendant than a partition of the Baid premises: Let ■ partition of the hereditaments comprised in the Baid first schedule be made by the jndge in chambers. Directions for allotment of the respective sixths. Let the plain tiffs and defendants respectively hold and enjoy their respective Bhares in severalty, according to Buch allotments. Declare that the infant defendant l'». U a trustee within the meaning of the Trustee Act, 1850. Appoint .1. 15. to surrender and assure, &c Mutual surrenders and assurances to be executed. Let the hereditaments comprised in the Becond and third Bche- dules be Bold with the approbation <>(' the judge, and the money to arise by sale paid into court to the credil of the cause. Declare, thai upon Buch payment the infant defendant will be a trustee of her undivided sixth of the hereditaments comprised in the said Becond and third schedules, within the meaning of the Trustee Act, 1850. Let J. I>. be appointed to surrender and a— hit the Bame on her behalf. Libert} to apply in chambers for paymenl of costs of suit oul of proceeds 'of Bale, and for distribution of said proceeds, and generally 1 1 MUdmayr. In M "ihhiin u \. Quicke f \ the plaintiff asked IJlUtht. , ...... . . ()i!ir . , for n decree at the hearing, directing an inquiry '"*• a- td what parties were entitled to or interested iii the property; and it it Bhould be certified that all the parties entitled tool - interested in the pro- Vide Pemberton on Judgments, 2nd ed. \ I.. R.,20 i:.|. LEADING < A <)7 perty were parties to- the suit, or had been served with notice of the decree, then for a sale according Co the form in Harper v. Bird I g I (Powell v. Powell quoted). The Master of the Rolls said: "That il" all parties interested were parties to the cause, a decree for sale might be made at the hearing; bul if they were doI all parties, then the 9th section of the Partition Act, 1868, applied, and a sale could only be ordered on further consideration. It might be that these words were not w-rd in their strict, technical sense ; but before a side could be ordered, there must be further consideration of some sort or other, and the utmost that could be done in such a case would be to give liberty to apply al chambers, with reference to a sale, in the event of its being certified that all parties interested have been parties to the cause, or had been served with notice of the decree." In Wilkinson v. Jobcrns(Ji), Lord Selborne, WUkinsonr. Lord Chancellor (sitting for the Master of the Leave to bid. Rolls), after directing a sale under section 4 of the Partition Act, 1868, in opposition to the desire of the owner of a moiety of the estate, who was also a tenant of the whole, granted the de- fendant leave to bid, and directed that in the event of his becoming the purchaser he should (g) Before Vice-Chancellor Hall, 17th April, 1875. (A) L. B. 3 16 Eq. 14. L. II LKADINC CAS1 S. pay into court one moiety only of the purchase- money. in Powell v. Powell (i), the couri discharged purchaser under n decree i«>r sale m a partition i i ope suit, because the sale had taken place before the rcrtit'i. chief dcrk, chief clerk had made his certificate. The decree had directed three classes of inquiries, \i/.., I. to persons entitled and theirseveral interests, and whether they were parties or had been served; 2, as to parties ou1 of the jurisdiction; :5, as to the expediency of sale under the 3rd Bection pf the act. The chief clerk directed a sale of a portion of the property by anticipation before he had made his certificate. The purchaser objected to the title, alleging thai the delect was not cured h\ a bsequenl certificate. Lord Chancellor Cairns remarked: "There are two matters in which the mind <>}' the judge is to be exercised, first, who are the parties interested; and secondly a ques- tion which cannot be properly determined till they are present . whether a sale will be more beneficial to them than a partition. Here a Bale was directed in chambers before the judge had his mind brought to these questions. In replj to this it is urged that a certificate has since been made finding that the proper parties arc before the court and that a sale ; - beneficial; hut Burelv !.. R., 10 I . '.. , . 180. DEAD] l Ci (,f) it is not a proper course of proceeding for a Bale io be made before the judge has found who are the parties interested, and thai a sale is beneficial to them, and for this irregular order to be after- wards confirmed, when the materials without which it oughl not to have been made have been obtained." \n another pari of the same case, the Lord Meaning Chancellor put a construction on the words farther con- " further consideration" as used in the 9th section IctT* of the Partition Act, 1868. He said: tk I do not think that it was the intention of the legislature, in using in the 9th section the words 'on further consideration,' to tie up the court so as to preclude its ordering a sale otherwise than when the cause comes on for further consideration in court. I should take the words in a popular sense, as referring to any consideration the cause receives after tlie inquiries have been made." In Grove v. Comyn (/*), a provisional agree- Orovey. ment for sale, made by the plaintiff before tihe BaoMrtfinr hearing, was sanctioned by the court and directed safety infant to be confirmed and carried into effect. The minutes were as follows: — "Declare thai the piece of ground .-it \. m the hill mentioned is divisible between the plaintiff and defen- dant in equal moieties (subjeel to town, &c. }, and it appearing to the court that by reason of the nature of the property a Bale of the said property and a distribu- te) L. R, IS Eq. iQQ I BADING CA81 S tion o1 the proceeds of the Bale will be more beneficial to the parties interested than s division thereof between or amongst them, and the infant plaintiff requesting thai the said hereditaments may be sold ; and tlm court being of opinion thai the conditional agreement, dated, &c, in this bill mentioned,isa proper agreemenl for carrying Buch Bale into effect, doth order thai the siid conditional agreemenl entered into between, &c . for tin' Bale of the -aid piece of ground, situate, &c, at the price of 1,100/., be carried into effect. And it is ordered that the money to arise bj such Bale 1"' paid into court to the credit of this cause, and any party to lie at liberty to apply in chambers a- they might 1"' advised." It will be observed that the court here acted on the requesl "1" an infant before iln* Act of 1 ->;<;. Itut there was tin opposition, ami the ques- tion as to sufficiency of title would -till remain open to u purchaser. Haifkid* v. Iii Halfhide \. Robinson (I) > where a hill had been filed lor partition of real estate on behalf n of 1111- ' Bonndmind ,,)';, person of UUSOUnd mind, the court objected ie by ' nextfriend. that there was no authority for Buch a suit. Lord Justice James observed : "I think that this suit i^ altogether irregular. Such a hill ought not to have been filed hv a uexl friend on behalf of a person of unsound mind not so found by inquisi- tion. Ii is said thai it i- a mere matter of form, f.,r thai if the parties were transposed ami the person of unsound mind made a defendant, there ,/■ l.. EL, 9 Ch. App. 878. LEADING CA8E8. 10] hum have been a decree for sale just the same as has ii<>\\ been made. But in thai case the plaintiff would have taken the risk of the costs of the suit. However, we can apply our powers under the Lunacy Regulation Act (m) to the case. \\ e Bhall be exercising our power of Belling the Lunatic's property on terms which we think beneficial to the Lunatic, bul not under this suit nor adopting the proceedings under it in any way. A petition must be presented under the Lunacy Regulation Act, or, if the petitioners prefer it, they may amend their petition and make it under that act, and they must state what is the total value of the lunatic"- property. The matter will be dealt with in lunacy, and we must he informed of the exact sum which will come to the lunatic under the sale after providing for the costs which her share will have to hear, and we shall be able to concur with the other parties in carrying out the sale. 1 wish it to be understood that a bill cannot be filed by a next friend on behalf of a person of unsound mind not so found by inquisition for dealing with his real estate. The consequence- of such a course might be monstrous.* ' Since this decision the 6th section of the Par- tition Act, 1870, has given power to the court to act on a "request" for sale under it. made on behalf of a person of unsound mind; but the act O) 25 & 26 Vict. c. 86, bs. 12, I3j applicable to cae where property doea doI amount to 1,000/. 1 1 12 ' [NG i \ I party does qoI in terms authorize an action to be com- menced on lii- behalf by a next Briend; therefore ii [g presumed, thai the foregoing observations of Lord Justice James will Btill apply to future cases. In Hurry v. Hurry (n) the courl refused to order a Bale in the absence of a party (although I'n.icr itfa - owning a very small Bhare) who had nol been served. The chief clerk had certified that one (.1' the defendants was oul of the jurisdiction. It was believed he was in Australia; no attempl had been made to serve him. I [is .-hare was one- ninth of one-fifth only, and it was submitted that, as all parties present asked for a sale, the courl could proceed in his absence under the 4th section. The Yi,~o\\, the new power- given by the Aet of ] 876 will apply to a case of this nature (0). It ha- been already stated that a tenant in (o) Vide ante, pp. 79— 8L 04 DING CASKS ersion or remainder of an undivided Bhare cannol Bue for a partition. In Evans \. Bagshaw(p) it was held, thai a plaintiff, being a reversioner, could aol maintain a Miit by reason oi Ins having acquired an estate 3SooI m possession Bince the filing of his bill. He had amended his bill by stating the new acquisition, but the Master of the Rolls dismissed the bill with costs, observing thai as the plaintiff had no power to institute the suit, he could not, by afterwards acquiring an interesl in possession, set up a title which he had not originally. This decision was upheld on appeal, Lord Hatherley observing: "The case falls within the ordinan rule thai the court will not allow a par- tition suit to be maintained by a reversioner. This rule is not merely technical, bul is founded on good Bense in nol allowing the reversioner to disturb ilic existing state of things. There might be a tenanl for life of the whole and Beveral tenants in common in reversion, in which case the inconvenience would obviouslj be \!'; and 5 Ch. App. 840. A . p. 12. LEADING CASES. 105 cannot, without leave of the COUrtj I"' j-'ined wiili an action for the recovery of land, or, in other words, thai a disputed title cannot be tried in a partition suit. In Slade v. Barlow (r), the plaintiff claiming sia&ev. • i i i • • i i i • Barlow. to lie equally entitled to an undivided share in Ejectmentcan a freehold estate, filed a hill for partition, raising '.^,'||,'' ! , a '| M 1 ' I '|,',,, a question of construction of a will, whether the J*2jjjj lr:ivr estate had passed under a specific or residuary Billrei I 1 « 1 1 f" r ll Vl:l1 '- devise. It was objected at the hearing, that mat was an ejectment bill. The Vice-Chancellor James -aid, that it appeared to him to be an attempt, under colour of a partition suit, to gel a construction of a will againsl a defendant in pos- session of the property. Seeing that the real object of the suit was to recover the possession of land under a legal title, it would be straining the (John Holt's) Act very far to say that these ques- tions could be determined by the Court of Chan- eery. The suit for a partition is based on the assump- tion that there is no litigation. Following Bolton v. Bolton, the Vice-Chancellor directed the bill to he retained for a year, with liberty to the plaintiffs to bring such action at law as they might be advised. Giffard v. Williams ($) was a similar case. The Giffard ■>. William.-. 0) I., II., 7 Eq. 296. (.«) L. R., 8 Eq. 494; on appeal, "> C'h. App. ■" 1''. 106 LKADINl Bur "■■ I II in p:irt Voice-Chancellor Stuart had made an order de- claring the Legal title of the plaintiffs against the defendants, and decreeing a partition upon appeal. Lord Hatherley, L ('. (reversing the judgment of the Vice-Chancellor , said: " 1 1 would not be proper for this com!, under colour of making a decree for partition, in tact to decide the Legal right in this land." "Theorder would be to retain the hill for a year, with liberty to the plaintiffs t<> bring such actions as they might be advised." Burt \. Hellyar i was a case before Vice- Chancellor Wickens, "where the plaintiffs broughl a -nit for a partition againsl a defendant in posses- sion who claimed the whole estate. The question to lie argued \\;i> one on the construction of a will, whether the plaintiffs and defendant were entitled in severalty, or whether the defendant was Bolely entitled to the estate. The Vice- Chancellor decided in favour of the plaintiffs, mid decreed u partition, saying: " I may observe that the question I have decided isoneof'lam and not of equity, and that a partition suit being an exercise by the court of administrative rather than contentious jurisdiction, it might not have been right that I should have dealt with it if anyone objected. But no onedid object, in feet, and I think that under the circumstances I G8. ] 111 i v.- for ;i commission t<> make partition of an in which the plaintiffs claiming under the trusts of the marriage settlemenl of Admiral Calmady were interested as to two-thirds, and the defen- dant, ;m infant, was entitled to one-third. In order to Bhow in whal proportions the parties were entitled, ii was necessary to investigate and make ou1 the title, to show thai incumbrances had been discharged, and to make a survey and valuation of the estate. In the course of these proceedings bills of revivor and supplement were filed, and a considerable expense incurred. The decree directed the commission to issue; but a question arose as to the costs, upon which a motion was made on each Bide to vary the minutes: the objecl of thai for the plaintiffs was, thai the costs of all the proceedings should be defrayed by the parties in moieties. The de- fendant insisted thai the court Bhould give direction as to the costs; bul if any costs oughl to be given, they oughl to be the costs of executing the commission only, and in propor- tion to the interests in the estate. ( Jases w< re cited on both Bides showing considerable di- versity of practice, the Lord Chancellor (Lord Hardwicke) said: — "This was not much dis- cussed when it was formerly before me, l»m a very little time before i! fame on there was another cause, in which costs were asked upon ;i partition, which led me to consider it. I found, cot all the thai have been o ciicd, but a good many authorities, in which, of late, the costs of tin- commission had been riven. I was led to consider whence that va- nation of the practice had taken place, and I approved of the latter practice; fur all the argu- ments against are, in truth, arguments against the jurisdiction of the court upon a bill for parti- tion. A party choosing to have a partition has the law open to him; there is no equity for if, but the jurisdiction of the court obtained a prin- ciple upon convenience. Then the only make them paj at far as they have interest. Ii has been carried, upon Bufficienl ground 1 think, to the costs of executing the commission, and nol beyond that. \ 9 twy, i In Agarv. Fairfax (c), Lord Chancellor Eldon followed tlif rule adopted in Calmady v. Calmady of giving no costs prior to the issue of the com- mission. The chancellor gave as a reason that he thought it jusl thai each of the parties Bhould bear the expense of making out his own title, but thai the costs of issuing, executing and confirming the commission Bhould be borne by the parties in proportion to the value of their respective interests, and there should be no costs of the subsequent proceedings. ut of it in this Btate the law remained to the time of the passing of the Act of 1868; and it is easy to perceive how unequally the rule mighl work in many cases. Lord Romilly, Master of the Rolls, at firsl thought that the now acl bad not effected any chanere in tin- old rule ;i^ to the incidence of costs; hut he subsequently changed his opinion, and the usual practice now i- to pay the costs mi) of the estate, bo ;i- to make the parties hear them rateably. I' is no^i admitted that i L7Vi i. Jan. 642, COSTS 1:5 there is absolute discretion in the judge to deal with the question of costs as may be just. In Landell v. Baker ( alter the practice of the court with respect to costs, and each party must therefore bear his own costs up to the hearing." But in Simpson v. Ritchie (e). Lord Selborne Si observed : " Having regard to the LOtb section of the act, it cannot be said that the court is bound by the old rule as to the costs of partition suits, Jt is impossible to lay down a general rule on the subject, and there may be cases in which the court, in the exercise of its discretion, will follow the old practice; hut in this case 1 think the costs ought to be paid out of the estate." In this case the plaintiffs were owners of a moiety of the estate, and the other moiety be- longed to two separate owners. The plaintiff, in exercise of the option given by the 9th section, had only made one of the co- owners a defendant by his bill, and on the hear- ing a decree had been made directing inquiries who were the parties interested. Those inquiries haying been answered, the cause came on upon further consideration, the other co-owners having been served with notice of the proceedings. He u/i 6 Eq. 268. (ej L6 Eq. 103. L. ■i ir v. ■ tc. v. Marriott. suggested that no costs should be given to any party up to the hearing, Inn the other parties pointed oul thai if thai were done, he would be jnit in a better position than tin 1 owner who had been -elected as a defendant ; thereupon Lord Selborne, Chancellor (sitting for the Master of the Rolls), decided as above stated. In Osborne v. Osborne ( / '), Vice-Chancellor Malins declared thai the costs of all parties of the suit were to 1"' a lien <>n the proceeds of the sale. In Miller y. Marriott [g), Lord Romilly, uot- withstanding liis decision in Landellsv. Baker, followed the Vice-Chancellor's decision in the lasl case, observing, "The plaintiff has one- fourth of the property, the defendants have the other three-fourths, and they gel all the advan- tage of the plaintiff's l>ill and of the costs he )\n< incurred, which are usually the greatest. The \ iee-( Jhancellor Malins thought that under these circumstances the costs of all parties ought to come out of the estate, and I am disposed to follow liiin." Vgain, in Cannell v. Johnson (A), Lord Romilly stated, "I am satisfied tlmi. according to the practice, which I have followed on several pre- vious o< casions, the entire costs of a partition suit (/ 1 '• I : i,,. 1. (h) U Eq. II. U V. Jnh num. I he • should ')" borne by the parties in proportion to their interests as declared by the decree, except where there are any Bpecial circumstances arising from the conduct of any of the parties which may lead flic court t<> apportion the costs otherwise. In this case the plaintiff must pay one-fifth, and the defendant four-fifths, of the entire costs of the suit."' The rule stated in the last quoted case has since been followed, and may now be considered the settled practice of the court. Where one of the defendants in a partition suit Costs of had leased his undivided share for 99 years, the share. costs of suit of the lessee, who was a necessary party to the proceedings, were ordered to be paid by his lessor (i). If this principle is to be observed, the rule incumbrancers would extend to incumbrancers and parties inte- rested under settlements of undivided shares. The court has unfettered discretion conferred upon it by the statute in respect to the incidence' of costs. (/) Cornish v. Gliest } 2 Cox, -7. I "J APPENDIX. 31 Hen. 8, c. 1. a.i>. 1539. For Joint Tenants and Tenants in Common* Forasmuch as by the common laws of this realm divers Several in- of the king's subjects, being seised of manors, land-, tene- ^^f 1 mente and hereditaments as joint tenants or as tenants in holding lands • 1 ,1 1* />•!•, • , ■ jointly <>r in common with other 01 any estate ot inheritance in their own common, being rights or in the right of their wives, hy purchase, descent nndiyided. or otherwise, and every of them so being joint tenants or tenant- in common have like right, title, interest and pos- 31 ssion in the same manors, lands, tenements and heredita- ment- for their parts or portions jointly or in common undividedly together with other, none of them hy the law doth or may know their several parts or portions in the same, or that thai is his or theirs, hy itself undivided, ami cannot by the law- of this realm otherwise OCCUpy or take the profits ot' the same, or make any severance, division or partition thereof, without either of their mutual assents and consents, by reason whereof divers and many of them, being so jointly and undividedly seised id' the -aid manors, land-, aents and hereditaments, oftentimes of their perverse, covetous and malicious mind- and will- against all ri-ht. justice, equity and good conscience, by strength and power not only cut and fallen down all the woods and tree- grow- ing upon the same, hut also have extirped, subverted, pulled down and destroyed all the houses, edifices and buildings, meadows, pastures, commons and the whole commodities of the same, and have taken and converted them to their own uses and behoofs, to the open wrong and disherison 1 18 APPENDIX. and against the minds and will- of other holding the same manors, lands, tenements and hereditaments jointly or io common with them, and they have been always without ircd remedy for tho Bame : nta ■-'. Be "n therefore enacted by the king oar in<>-i dread * ndtei rereign lord, and by the assenl of the lords spiritual and common jut • ' temporal, and by the commons, in this present parliament make partition ,,,,",,•• i . bywritex- assembled, that all joint tenants and tenants in oommon tended to joint ,],.,, now be, or hereafter Bhall be, of any estate or estates tenant , for lift of inheritance in their own rights or in the right oi their ■}!' : "'\ ''■' ".".. wives, of any manors, lands, tenements or bereditami lien, within this realm of England, Wale.-, or the marches of the Bame, shall and may be coacted and compelled, by virtue of this present act, to make partition between them of all Mich manors, lands, tenements and hereditaments as they now hold or hereafter Bhall hold as joint tenant.- or tenant- in common by writ de participatione faciendct, in that ease to be devised in the king our sovereign lord'.- Court of Chancery, in like manner and form as coparceners by the common laws of this realm have been and are compelled to do, and the same writ to be pursued at the oommon law : of the 8. Provided alway, and be it enacted, that every of the -aid joint tenant- or tenants in common and their heirs, and tenants in •' anon shall alter such partition made, shall and may have aid of the aid of the , ...... , . ii other, or oi their hen-, t.i the intent to den ign the warranty paramount and to recover for the rate as is used between coparceners after partition made by the order of the com- iimn law, any thing in thi- act contained to the contrary notwithstanding! Ill N. 8, C. 32. j | (; 32 Hen. 8, c. 32. a.d. 1540. Joint Tenants for Term <>/ Lift or ) '< Forasmuch as in the parliament begun al Westminster the 81 Hen. twenty-eighth day of Ap.il and there continued till the jjjj 1 ] twenty-eighth day of June, the thirty-first year of the king's common for ii t ■ . • i . • lives or y< most noble and victorious reign thai now is, it was amongst ^ rA \\ ,. other things there enacted and established, thai all joint partition. tenants and tenants in common tliat then were, or hereaffr r should be, of any estate or estates of inheritance in their own rights or in the right of their wives, of any man lands, tenements or hereditaments within this realm of Ene- land, Wales or marches of the same, shall and may be enacted and compelled by virtue of the .-aid act to make partition between them of such manors, land-, tenements and hereditaments as they then held or hereafter should hold as joint tenants or tenant- in common, as more at large appeareth by the said statute; and forasmuch as the said statute doth not extend to joint tenants and tenants in common for term of life or years, neither to joint tenants or tenants in common where one or some of them have hut a particular estate for term of life or years, and the other have estate or estates of inheritance of and in any manors, lands, tenements and hereditaments: Be it therefore enacted by the king our sovereign lord. Join! tenants and by the assent of the lords spiritual and temporal, and 1 " rllleor J ' i yean are com- thc commons, in this present parliament assembled, and by pellableto the authority of the same, that all joint tenants and tenant- ' in common and every of them which now hold or hereafter shall hold jointly or in common for term of life, year or years, or joint tenants or tenant- in common where one or some of them have or shall have estate or estates for term > make severance and partition of :ill snob manors, lands, tenements and hereditament which they 1 1< •!< 1 jointly or in common for term of life or liv< -. year or years, where one or -■ «im- of them hold jointly or in common for term <>i' life ot : - with other, or thai ha bate or estates of inherit- ance of freehold : Provided alway, and be it enacted, thai n<> Bucb partition il to " i,, )t severance hereafter i<> !"• made by force oi this act, be, nor Bhall be, prejudicial <>r hurtful t<> any person or pei their heirs or successors, other than such which be parties unto the Baid partition, their executors or assigns. 4 Anne, c. 16; 1 & 5 Anne, c. 8. ld. 1705. An Actfor tin Amendment of the Lair, and the better Advana mi ni of Just Sect. -1. And be it enacted by the authority aforesaid, thai from and after the said firsl day of Trinity Term, ini actions of account shall and maj 1"' brought and maintained against the ex< cutors and administrators ol every guardian, bailiff and receiver, and also by one joinl tenanl and tenant in common, lii- executors and administrators, against the other as bailiff for receiving more than comes t" lii- jusi ire or proportion, and against the executor and adminis- trator of Buch joinl tenant or tenant in common. And the auditors appointed by the court, where Buch action Bhall be depending, Bhall be and are hereby empow< n 'I i" administer an oath and examine the parties touching the matters in qu< . foi their pains and trouble in auditing uch allow the court Bhall adjudge i" !■•■ reasonable, to be | ■ .- . i « I by the party <>n whose the balai tunt ^liall appear i<< be. 7 ANNE, c. 1J | ■ > | 7 Anne, c. 18. \.><. L708. . \n Aii Id preserve tin l\'ti their right of presentation, or pul to great charge and the patron,but ii ,i • ■ i , , • i . , , , he niiiv main- trouble i" recover their nghl which is occasioned by the udnaguare law as ii new is : For remedy whereof, Be it enacted by ""/"' :ir- i-.tion of lands hold or :. an- ient! re. 1 A 5 Vi< i. « . 85. \.k 1841. ./// Act for the Commutation of certain Manorial Rights in Lands of Copyhold or Customary Tenure, Si 'i. s ">. Aihl win reas ii is expedient that facilities should be afforded by courts of equity to parties desirous of obtain- ing a partition of their lands of copyhold or <-;m ary tenure, but doubts arc entertained whether by the prai of such courts the sum' can now be obtained : Be ii ena and declared, that from and after the passing of this act, it shall be lawful for any court of equity in any suit to be thereafter instituted therein for the partition of lands of copyhold or customary tenure, i<» make the like decree for ascertaining the i - i -_r 1 1 1 — of the respective parties i<> the suit in Buch lands, and for the issue of a commission for the par- tition <>f the Bame lands, and the allotment in severalty of the n spi ctive shares therein, as according to the practice of such court may now be made with respect to lands of fi lioKi tenure. of Ui THE TRUSTEE ACT, 1850. 13 & M Vh i. a 60. .In Act to consolidate and nun ml tin haws relating to tin Conveyance and Transfer of Heal and Personal Property vested in Mortgagees and Trustees, 2. And when ipedient to defiue the meaning in which certain words are hereafter used: li is declared that the several words hereinafter named are herein used and applied In the manner following respectively; (that is to The word "lands" shall extend to and include manors, messuages, U m ments and hereditaments, corporeal and Incorporeal, of every tenure or description, whatever • therein i I Ki ITEE AM, I860, [03 The word "stock" Bhall mean any fund, annuity or security transferable in books kepi by any company or lociety established or to be established, or transfer- able by deed alone, or by d< ed accompanied by other formalities, and any Bhare or interest therein : The word "seised" .-hall be applicable to any ve ted estate for life or of a great* r description, ami -hall ad i" estates ai law ami in equity, in possession or in futurity, in any lands : The word "possessed" .-hall he applicable to any rested estate less than a life estate, at law or in equity, in possession or in expectancy, in any lands : The words "contingent right," as applied to land-, Bhall mean a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift or limitation of such interest or possibility he or lie not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent : The words "convey" and " conveyance," applied to any person, shall mean the execution by such person of every necessary or suitable assurance for conveying or disposing to another lands whereof BUch person is Beised it entitled to a contingent right, either for the whole estate of the person conveying or disposing, or for any less estate, together with the performance of all formalities required by law to the validity of such conveyance, including the acts to be performed by married women and tenants in tail in accordance with the provisions of an act passed in the fourth year of the reign of his late majesty King William the Fourth, intituled "An Act for the Abolition of Fines and ;; & I Will. 4, Kecoverics, and the substitution of more simple Modes c ' ' ' of Assurance," and including also surrenders and other ads which a tenant of customary or copyhold land- can himself perform preparatory to or in aid of a complete assurance of such customary or copyhold land- : APPENDIX Tbo word i" :u i> 1 "assignment" shall mean the execution and performanoi by b person of everj iicn --ai -v 01 suitable deed or acl foi assigning, surrendering, or otherwise transferring lands of which Buch person is possessed, either for the whole estate of the ]» iM. ii bo possessed oi for any less estate : The word "transfer" Bhall mean the execution and performance of every deed and act by which ■ person entitled to stock can transfer such Btock from himself to another : The words "lord chancellor" shall mean as well the lord chancellor of Gi I Britain as any lord keeper or lords commissioners of the greal seal for the time being : The words "lord chancellor of Ireland" shall mean as well the lord chancellor of [reland as any keep r or lords commissioners <>i' the greal seal of [reland for the time being : The word " trust" shall aot mean the duties incident to an ' state conveyed bj way of moi tgage ; but, with rhi- ception, the words "trust" and "trustee" -hall i stend i" and include implied and constructive trusts, and shall extend i<> and include cases where the trustee has some beneficial estate or interest in the Bubject of the trust, and shall extend t<> and include the duties incident i<> the office ol personal representative of a decca < '1 p< rson : The wind "lunatic" Bhall mean any person who shall have been found to be a Lunatic upon e commission of inquiry in the nature of a writ de lunatico inquirendo, The expression " person of unsound mind" shall mean any person, n<>i an infant, who, not having been found t<> be a lunatic, -hall be incapable from infirmity of mind to manage his <>\\ a affa The word "devisee" shall, in addition to its ordinary tion, mean ih«' heir <>!' a do^ is( e and th«' of an heir, and generally anj person claiming an TRUSTEE \'T. 1850 1 25 interest in the lands of a deceased person, aoi as heir of Buch deceased person, bul by :i title dependeni solely upon tlir operation of the laws concerning devise and descent : The word "mortgage" Bhall be applicable to every estates interest, or property in lands or personal estate which would in a court of equity be deemed merely a security for money : The word "person" used and referred to in the masculine gender shall include a female as well as a male, and shall include a body corporate : An' l "'l" Boised or l of any land- noon any trust or by way infant tnuteoa of mortgage, il shall be lawful for the Court of Chancery to make an order resting rach lands in such person or persona in Buch manner and for such estate as the said court Bhall direct ; ami the order shall have the same effect u if the infant trust >r mortgagee had been twenty-one yean of age, and had duly executed a conveyance or at iiK-nt of the lands in the same manner for the Bame estate. cm;- s. And be it enacted, that where any infant shall be trastaaand ' entitled to any contingent right in any lands upon any trust, or by way oi mortgage, it Bhall 1"' lawful for the Court of Chancery to make an order wholly releasing Buch lands from such contingent right, or disposing of the same to Buch person or persons aa the said court .-hall direct; and the order Bhall have the Bameeffect aa if the infant had been twenty-one yean of age, and had duly executed a deed so releasing or disposing of the contingent right Cbortef Chan- 9. And he it enacted, that when any person sol ttowtato "'' I 1 "--'—" 1 Of any land- upon any tru-t Bhall be OUt ofthe ofatrnntoe jurisdiction of the Court of Chancery, or cannot be found, Jurisdiction of >«■ shall be lawful for the -aid court to make an order vesting art. Bach land- in Buch pen >r persona in -uch manner, and for -in tb estate aa the said court .-hall direct : and the order -hall have the same eiloct BS if the trustee had duly e\. cutcd a conveyance or assignment of the land • in the same manner and for the .-ante i state. Conrtmay • "■ And be it enacted, that when any person or persona ■ I" jmj] )„. .,.;.,.,! or p, : of any land- jointly with a person uan out of the jurisdiction oi the ( ourt ol ( nanoery, or who . ! ."['; , , , 1 " 1 ' cannot be found, it shall be lawful for the said court to make an ordi r vesting the lands in the person or peraoni k> jointly ,,l or |„,--i . d. or in .-uch last-mentioned person or ther with any other person or i er on . in i uch TRUSTEE act, i860 i.;7 manner, and for such estate as the said court shall direct ■. and the order shall have the Bame effect as if the trustee out of the jurisdiction, or who cannot be found, bad duly exe- cuted a conveyance or assignment of the lands in the same manner for the Bame estate. 11. And be it enacted, that when any person solely Contingent entitled to a contingent right in any lands upon any trust I 1 " 1, J ' J ' trustees. Bhall ho out of the jurisdiction of the ( lourt of Chancery, or cannot be found, ii shall be lawful for the said COUrt to make an order wholly releasing Buch lands from Buch contingent right, or disposing of the Bame to such person or persons as the said court shall direct; and the order shall have the same effect as if the trustee had duly executed a conveyance so releasing or disposing of the contingent right. 12. And he it enacted, that when any person jointly Court may entitled with any other person or persons to a contingent makc or,ler in J L x ~ cases where right in any lands upon any trust shall ho out of the juris- persons are diction of the Court of Chancery, or cannot he found, it shall K^theraOTt be lawful for the said court to make an order disposing of of the jnrisdic- the contingent right of the person out of the jurisdiction, or court to a con- who cannot he found, to the person or persons so jointly ! in j-' rll | n S ht entitled as aforesaid, or to such last-mentioned person or persons together with any other person or persons; and the order shall have tho same effect as if the trustee out of the jurisdiction, or who cannot he found, had duly executed a conveyance so releasing or disposing of the contingent right. 13. And he it enacted, that where there shall have heen When it is un- two or more persons jointly seised or possessed of any lands ccrtain which •'of several trus- upon any trust, and it shall he uncertain which of such trus- tees was the tee< was the survivor, it shall he lawful for the Court of survivor - Chancery to makc an order, vesting such lands in such per- son or persons, in such manner, and for such estate, as the said court shall direct; and the order shall have the same effect as if the survivor of such trustees had duly executed a conveyance or assignment of the lands in the same manner for the same estate. I -J- Am v 14, Ami be it enacted, thai where any one or more - .11 or persons shall liavo been noised or possessed of i" any lands upon anj trust, and it Bhall not 1"' known, a~ tp the trustee las! known to have l i seised or possessed, whether he be living or dead, it shall be lawful for the Courl of Chancery to make an order vesting Buch lands in Buoh person or persons in such manner, and for Mich « as the said court Bhall direct; and the order shall have the same eflecl as if the las! trustee had duly executed s con- veyance or assignment of the lands in the same manner for the same estate. •.tm>tcc 15. And be it enacted, thai when any person seised of '' i ' ,, " m anv lands upon any trust Bhall have died intestate as to Buch aa heir. • ' lands without an heir, or Bhall have died and it -hall not be known who is hi- heir or devisee, it shall he lawful for the Court of Chancery to make an order vesting Buch lands in inch person or persons in Buch manner and for Buch estate as the said court .-hall direct; and the order Bhall have the same effect a< if the heir or devisee of Buch trustee had duly cuted a conveyance of the lands in the Bame manner for the same estate. (•,„„;. Hi. And be it enacted, that whin any lands are Bubject right of unborn contineenl right in an unborn person or class of un- trosfc born perst as who upon coming into < siste ■ would in respect thereof become Beised or possessed of Buch lands upon anv trust, it -hall be lawful for the Court of Chancery to make an order which Bhall wholl) relea e and discharge such lands from Buch contingent right in such unborn per^ M ■ class of unborn persons, or to make an order which glial] vest in anv pers r persons the estate or estates which such unborn person or class of unborn persons would upon coming into existence be - ised or possessed of in Buch lands. ■„• it enacted, that to every case where the lord chancellor, intrusted as aforesaid, or the Court of < banct ry, r m iii i -hall, nuclei- the provisions ot this act, be enabled to make TRUSTEE ACT, I |gg bo order having the effect of a conveyance or assignment of any lands, or having the effect of a release or disposition of the contingent right of any person or persons, born or unborn, it BhalJ also be lawful for the lord chancellor, intrusted as aforesaid, or the Court of Chancery, as the case may be, Bhould it be deemed inure convenient, t<> make an order appointing u person to convey or assign Buch lands, or release or dispose of Buch contingent right : and the con- veyance or assignment, or release or disposition, of the person bo appointed, Bhall, when in conformity with the terms of the order by which he is appointed, have the mimic effect, in conveying <>r assigning the lands, or releasing or disposing of the contingent right, as an order of the lord chancellor, intrusted as aforesaid, or the Court of Chancery, would in the particular case have had under the provisions of this act, 21. And he it enacted, that as to any lands situated A.8 to lands in within the Duchy of Lancaster or the Counties Palatine nnrham of Lancaster or Durham, it shall he lawful for the court of the Duchy Chamber of Lancaster, the Court of Chancery in the County Palatine of Lancaster, or the Court of Chan- cery in the County Palatine of Durham, to make a like order in the same cases as to any lands within the jurisdiction of the same courts respectively as the Court of Chancery has under the provisions hereinbefore contained been enabled to make concerning any lands; and every such order of the court of the Duchy Chamher of Lancaster, the Court of Chancery in the County Palatine of Lancaster, or the Court of Chan- cery in the County Palatine of Durham, shall, as to such lands, have the same effect as an order of the Court of Chancery: provided always, that no person who is any- where within the limits of the jurisdiction of the High Court of Chancery shall he deemed hy such local court- t" bo an ahsent trustee or mortgagee within the meaning of this act. 28. And be it enacted, that whensoever, under any of the Effect of an L. K 130 All'l NDIX copyhold lands or appointing tuiv \- com i J hokl lands. Court to de- clare what • landa com- ii any suit, and ai to the into - UII- In.ril. provision! of this act, an order -hull !»• made either by the It. r.l chana ■lli>r, intrasted as aforesaid, or the Court of Chan' ting any copyhold or customary lands in any person or persons, and Buch order shall be made, with the consent of the lord or lady of the manor when of such lands are holden, then the lands shall, without any surrender or admittance in respect thereof, vest accordingly; and when- . ander any of the provisions of this act, an order shall be made, either by the lord chancellor, intrusted as afi Bald, or the Court of Chancery, appointing any person or persons to convey or assign any copyhold or customary lands, it Bhall be lawful for Buch person or persons t<> do all acts and execute all instruments for the purpose of com- pleting the assurance of such lands; and all Buch acts ami instruments so done ami executed .-hall have the -aim- < :' ami every hud and lady ofa manor, ami every other person, shall, Bubject to the customs of the manor, and the usual payments, be equally bound ami compellable to make admit- tance to BUCh land-, and to do all Other ad- for the pui | of completing the assurance thereof a- if the persons in whose place an appointment .-hall have been made, being It. e from any disability, had duly done and executed Bueb acts ami instruments. 30. Ami in- it enacted, that where any decree -hall In- made by any court of equity for the specific performance ofa oon- tract concerning any lands, or for the partition or exchange of any lands, or generally when any decree -hall he made for the conveyance or assignment of any land-, either in cases aii-inL r "nt df the doctrine of election <>r otherwise, it .-hall hi- lawful I'tii- the said court to declare thai any of tin parties to the -aid -nit wherein such decree is made are trash i • any part thereof, within the meaning of this act, or to didaro concerning the interests of unborn pi i who might claim under any party to the -aid suit, or under the will or voluntary settlement of any person deot ased \\ bo during hi lifetimes part] to the contract or tran actions TRUSTEE ACT. I860. 131 concerning which such decree ia made, thai such int< unborn persona are the interests of persona who upon coming into existence would be trustees within the meaning of this act, and thereupon it Bhall be lawful for the lord chancellor, intrusted as aforesaid, or the < iourt of Chancery, aa the c may be, to make Buch order or orders aa to the estafc and interests of such persons, born or unborn, aa the said court or the said lord chancellor might, under the proi i ; of fchia act, mak mcerning the estates, rights, and inten of trustees born or unborn. 37. Ami be it enacted, that an order, under any of the Who may hereinbefore contained provisions, for the appointment of a "J' 1 ' 1 -'- new trustee or trustees, or concerning any lands, stock, or chose in action, subject to a trust, ma}' be made upon the application of any person beneficially interested in snch lands, stock, or chose in action, whether under disability or not, or upon the application of any person duly appointed ae a trustee thereof; and that an order under any of the provi- sions hereinbefore contained concerning any lands, stock, or chose in action, Bubject to a mortgage, may be made on the application of any person beneficially interested in the equity of redemption, whether under disability or not, 1 ne© - ary, to direct a referenoe t«. one of the masters id ordinary <>i' the Court of Chancery to inquire into any facts which require such :ui investigati or ii BhaU be lawful for the said oonrt or tor ill" >:iir not, it BhaU 1'" lawful h>r the court, <>i - tli<' lord chancellor, intrusted as aforesaid, to dismiss such motion or petition, with or without costs, or i<> make an order thereupon in conformity with the provisions of this a«t. - to m:ikc 43. And be it enacted, that whensoever in any cans ■ an order in a matter, either by the evidence adduced therein, or by the admissions of the parties, or by a report ol oi t the masters of the Court of Chancery, the tans necessary for an order under this act -hall appear to Buch court to be suffi- ciently proved, it BhaU be lawful for the Baid court, either upon the hearing of the Baid cause or of any petition or motion in the Baid cause or matter, to make such order under this act. Orders made 44. And be it enacted, thai whenever any order shall by the Court )i( . mfti j fl „,„!,. ,• this act, either by the lord o h a n oellor, ry, "... , founded on intrusted as aforesaid, or by the Court oi ( bancery, tor the of conveying or assigning any lands, or for the pur- eonclusirfl of releasing or disposing of any contingent right, and nlitter'con' C such order BhaU be founded on an all. gation of the penonal tained in inch mca pacitj of a trustee or mortgagee, or on an allegation that B trustee or the heir or dei isee ot a mortgagee is out ol the jurisdiction of the < iourt of Chancery, or cannot be found, or that it i- uncertain which of several trustee*, or which of TRUSTEE act, i |v ;; several devisees of a mortgagee, was the son Lvor, or whether the las! trustee, or the heir or last surviving devisee of a mortgagee, be living or dead, or on an allegation thai any trustee <>r mortgagee has died intestate withoui an heir, or has died nno in tl ■ made to appear to the court by affidavit that diligent search and inquiry has been made after any person made a di dant, who ia only a trustee, to Berve him with the pr of the court, :m make Buch absolute decree therein against every person who shall appear t<> them t<> be only a trustee and not < «i In i concerned in interest in the matter in question, in Buch and the. same manner as if such trustee had been duly served with thr process of the court, and had appeared and filed hia answer thereto, and had also appeared by his counsel and solicitor at the hearing of such cause: provided always, that Buch decree -hall hind, affect, or in anywise prejudice any person against whom tin- Bame -hall be made, without 3e upon him as aforesaid, hi:- heirs, exi cutora or administrators, for or in respect of any estate, right or in- terest which Buch person -hall have at the time of making Buch decree, for hi- own use or bent tit, or otherwise than i trust* e a- aforesaid. I may be 51. And be it enacted, that the lord chancellor, intrusted paid out of tlu' ,• • i i . i i.i • -aid, and the ( OUll 01 ( hann TV, may Order the be and expenses of and relating t" the petitions, orders, directions, conveyan© , imenta and transfers i" be made in pursuance of thia act, or any of them, t<> !»• paid and raised out of or from the land- or personal estate, or the rente or produce thereof, in respect of which the same respectively shall be made, or in Buch manner aa the said lord chancellor f on of unsound mind, it shall !"■ TRUST! i: A(T. L850. 135 [awful for the said lord chancellor, Bhoald be bo think fit, to direcl thai a commission in the nature of a wril de lunatico inquirendo Bhall issue concerning Buch person, and to post- pone making any order upon Buch petition until n return Bhall nave been made to such commission. 54. Ami be ii enacted, thai the powers and authorities Powers of given by this acl to the Court of Chanci ry in England Bhall Ooortofaian. cery to extend extend to all land- and personal estate within the dominions, to property in plantations and colonies belonging to her Majesty (except Scotland |. 55. And be it enacted, that the powers and authorities Powers siren •_ r i\t'n by this act to the Court of Chancery in England Bhall !',',' " urt " f ° J t jo ( hancery may and may lie exercised in like manner and arc hereby given beexen and extended to the Court pr<>- estate within any of the dominions, plantations and colonies e,',],',;^." belonging to her Majesty I except Scotland and Ireland). 57. And be it enacted, that the powers and authorities Powers of Lord given by this act to the lord chancellor of Great Britain, Chancellorin . " . Lunacy may intrusted as aforesaid, shall and may he exercised iii like be exercised by manner by and are hereby given to the lord chancellor of oeilorof " Ireland, intrusted as aforesaid, with respect to all land- and Ireland personal estate in Ireland. 36 A1TKNDIX. TRUSTEE EXTENSION ACT. I 15 & 16 Vict, c 55. An Act in extend the Provision* <>t' the Trustee Act, I s "". 2, Thai Bectiona cumbered 17 and 18 in the Queen's printer's copy of the Trustee Act, 18.50, be repealed; and in every case where any person i- or Bhall be jointly or Bolely seised or possessed of an) lands or entitled to a con* tingent right therein upon any trust, and :i demand shall have been made upon Buch trustee by m person entitled to require b conveyance or assignment of such lands, ora duly- authorized agent of Buch last-mentioned person, requiring B uch trustee to convey or assign the Bamo, or to reli Buch contingent right, it Bhall be lawful for the Court of Chancery, it' tl" 1 Baid court Bhall 1"' satisfied that Buch trustee has wilfully refused or neglected to convej or ass the Baid lands for the Bpace of twenty-eight days after Buch .1. mand, t" make an order vesting Buch lands in Buofa person, in Bnch manner and f'<>r such estate as the court ^liall direct, <>r releasing Buch contingent right in such manner a- the court Bhall direct; and the Baid order Bhall have the same effect as if the trustee bad duly executed a oonveyant ■ Minriit of the lands, or n release of such right, In the .-ami: manner and for thi tate. SETTLED E8TATE8 ACT, 1866 137 THE LEASES AND SALES OF SETTLED ESTATES ACT, 1856. 1!) 8k 20 Vict. c. 120. An Act to facilitate Leases m paid t" tied, court shall think Hi; ami the interest and dividends of Mich • (chequer bills or bank annuities shall be paid to the per- son \vh<> would have been entitled t<> the rents and profits of the laud if the money had been invested in the purchase of land. THE PARTITION ACT, 18 :;l & 32 Vict. c. 40. An Act to amend the Law relating in Partition, [25th June, 1868.] Be it i aacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assem- bled, and by the authority of the same, as follovi - : stmrt title 1. Thi- act may be cited a- the Partition A.ct, l v ' As to the tern 2. En this act the term "the court" means the Court of Chancery in England, the Court of Chancery in Ireland, the Landed Estates Court in Ireland, and the Court of Chancery of the County Palatine of Lancaster, within their 1 1 spective jurisdictions. r to rami 8. In a suit for partition, where, if this act had not b passed, a decree for partition might have been made, then if ion. it appears to the court that, by reason of the nature of the property to which the soil relates, or of the number of the parties interested or presumptively interested therein, or of the absence or disability of some of those parties, or of »ny other circumstance, ■ sale of the property and a distribution of the proceeds would be more beneficial for the parties in- ; than adivi ion of the property between or among PARTITION act, 1868. [30 them, the court may, if ii thinks St, on the request of any of the parties interested, and notwithstanding the dissent or disability of any others of them, direct a sale of the property accordingly, and may give all necessary or proper conse- quential directions. •l. In a suit for partition, where, if this act bad not been Saleonappli- passed, a decree for partition might have been made, then, tain proportion if the parly or parties interested, individually or collectively, "' parties ... interested. t<> the extent oi one nnueiy or upwards m the properly to which the .suit relate-, request the court to direct a sale of the property and a distribution of the proceeds instead of a division of the property between or among the parties interested, the court -hall, unless it sees good reason to the contrary, direct a sale of the property accordingly, and give all necessary or proper consequential directions. 5. In a suit for partition, where, if this act had not been As tn purchase. passed, a decree for partition might have been made, then if Darty HeariniE any party interested in the property to which the suit relates >^. requests the court to direct a sale of the property and a dis- tribution of the proceeds instead of a division of the property between or among the parties interested, the court may, if it thinks Qt, unless the other parties interested in the property, or some of them, undertake to purchase the share of the party requesting a sale, direct a sale of the property, and give all necessary or proper consequential direction.-, and in case of such undertaking being given the court may order a valuation of the share of the party requesting a sale in such manner as the court thinks fit, and may give all necessary or proper consequential directions. 6. On any sale under this act the court may, if it thinks Authority for lit, allow any of the parties interc.-ted in the property to bid '''YpjVTjj at the sale, on such terms as to non-payment of deposit, or as to setting off or accounting for the purchase-money, or any part thereof, instead of paying the same, or as to any other matters, as to the court seem reasonable. 7. Section thirty of the Trustee Act, ISoO, shall extend Application of 40 APPENDIX . I Application of la i»f Via. i to p:ir- - II It r-. in par- tition Mlit-V 1 ■ iii'lir ■ « . 27 ;. Jariadl iu par mill apply i" cases where, in suits for partition the court direct* :i sale instead of :t division of the property. s . Sections twenty-three to twenty-five (both inclusive) of the act of the session of the nineteenth and twentieth years of her Majesty's reign (chapter one hundred and twenty), *• t<> facilitate leases and sales of settled estates," shall extend and apply to money to be received on any sale effected under the authority of this act. '<. Any person who, it' this act had not been passed, might have maintained a Buil for partition, may maintain Buch suit against any one or more of the parties interested, without ring the other or others (if any) of those parties; and it Bhall not 1"' competent to any defendant in the sail t<> object for want of parties; and at the hearing of the cause the court may direct Buch inquiries as to the nature of the pro- perty, and the persona interested therein, and other matt as it thinks necessary or proper with n view to an order for partition or sale being made on further consideration; but till person^ who, if this act had not been passed, would have been necessary parties to the suit, Bhall be served with notice of the decree or order on the hearing, and after such notice Bhall lie hound by the proceedings as if they had been originally parties to the suit, and Bhall be deemed parties to the suit: and all such persons may have liberty to attend the proceedings; and any such person may, within • time limited ly general orders, apply to the court to add to the decree or order. 10. In B suit for partition the eoiirt may make BUOh order ■a- it thinks just respecting costs op to the time of tho hearing. 1 1 . Section- nine, ten, :ind eleven of the ( 'hmieery Amend- ment Act, 1858, relative to the making of general ord< shall have effect a- if they were repeated in this act, mid in t« mi- mad'- applicable to the pui| is then of. I l'. In England the county court- -hall have and ex. Like power and authority a- tie Court of Chanoerj in PARTITION ACT, 1876 j } j suits f<>r partition (including the power and authority con- (28 A 28 Vi.t. ferred by this act) in any case where the property to '' '* which tin' suit relates does ool exceed in value the sum of five bnndred pounds, ami the same Bhall be bad ami exer- cised in like manner ami subject to the like provisions as thr power ami authority conferred by section oue of the Oeunty Courts Act, 1 S(j.">. THE PARTITION ACT, 187G. 39 & 40 Vict. c. 17. An Act to amend tltc Partition Act, 1868. [27th June, 1876.] V>k it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: 1. This act may be cited as the Partition Act, 1876, and Short title, shall be read as one with the Partition Act, 1868. 2. This act shall apply to actions pending at the time Application of of the passing of this act as well as to actions commenced :ut ' after the passing thereof, and the term "action" includes a suit, and the term "judgment" includes decree or order. 3. Where in an action lor partition it appeals to the court Power to dis- that notice of the judgment on the hearing of the cause ('• ' ( "^',f V1 !!' ^7" cannot be served on all the persons on whom that notice is °f decree or by the Partition Act, 186S, required to be served, or cannot cases." 1 "'" "' be so served without expense disproportionate to the value of the property to which the action relates, the court may, if it thinks fit, on the request of any of the parties interested in the property, and notwithstanding the dissent or disability of any others of them, by order, dispense with that service 1 j-j APPENDIX on :i;iv person <>r class of \» ■ cifled in il rder, ninl, instead thereof, may direoi advertisements t" be pub- lished :it saeh times and in such manner :i- the court Bhall ihink tit, calling u|">ii all persons claiming t>> be interested in such property who have not been bo served to come in :iinl establish their respective claims in respect thereof l ■• the jndge in chambers within a time to be thereby Lin After the expiration <>!' the time bo limited all persons who Bhall cot have bo come in and established such claims, whether they are within or without the jurisdiction of the court (including persons under any disability), Bhall ho bound by the proceedings in the action as if on the distribution, and the time within which a claim iu participate in the proceeds must be made i (4.) II' at the expiration of the time so Bzed or extended the interests <>l* all (he persons interested have been ascertained, the court shall distribute the proceeds in accordance with the rights of those persons : (5.) If at the expiration of the time so fixed or extended the interests of all the persons interested have not been ascertained, and it appears to the court that they cannot be ascertained, or cannol be ascer- tained without expense disproportionate to the value of the property or of the unascertained interests, the court shall distribute the proceeds in such manner as appears to the court to be most in accordance with the rights of the persons whose claims to participate in the proceeds have been established, whether all those persons are or are not before the court, and with such reserva- tions (if any) as to the court may seem fit in favour of any other persons (whether ascertained or not) who may appear from the evidence before tin- court to have any prima facie rights which ought to he so provided for, although such rights may not have been fully established, but to the exclu- sion of all other persons, and thereupon all BUCh other persons shall by virtue of this act be ex- cluded from participation iu those proceeds on the distribution thereof, but notwithstanding tho distribution any excluded person may recover from any participating person any portion received by him of the Bhare of the excluded person. 5. Where in an action for partition two or more sales Provision for are made, if any person who has by virtue of this .-. M1 f~ . been excluded from participation in the proceeds of any Bame action. of those Bales establishes his claim to participate in the 11 APPENDIX proceeds of ■ subsequent Bale, die sharei of the other persona interested in tin' proceeds of the subsequent nie shsil abate t" the extent (if any) to which they were increased by 1 1 1 « * uon-participation of 1 1 » « - excluded person in the proceedf of the previous Bale, and shall to that extent be applied in or towards payment to that person of the share to which he would have been entitled in the proceeds of the previous sale it' his claim thereto had been established in ilnc time. -■ bj (i. In an action for partition • request for Bale may be wnman' 1 infant, ma ^ e OT :ul undertaking to purchase given on the part of orn u married woman, infant, person of unsound mind, or under dis- ,. .... . .« .• ■ ■ person under any other disability, by toe next mend, guardian, committee in lunacy (if bo authorized by order in lunacy), or other person authorised t" set on behalf of the person under such disability, bul the conn -hall not 1„- bound to comply with any Mich request or undertaking on the part of an infant unless it appear that the Bale or purchase will he for hi- benefit. Action for par- 7. For the purposes of the Partition Act, 1868, ami of bon to include t]i ^ . lrt action for partition -hall include an action for action f'>r - ' ■nddUtribn- gale and distribution of the proceeds, and in an action for / 1C partition it -hall he sufficient to claim a -ale and distribution of the proceeds, ami it shall not he neci ssary to claim a partition. INDEX. A. ABSENCE OF PARTIES, may be ground for decreeing Bale, 34, 38, 138 will imt lie a bar to .-air, 77. ABSENT PARTIES, must lie brought before court, 77. service on, may be dispensed with, 77. notice to, of Bale, 80. advertisements I'm-, 80, 142. distribution of proceeds of Bale, 80. ACCOUNT, when to be asked for, 61. by tenant in occupation, 45. in case of infant's estate, 46. by owner of undivided moiety, 48. by truant in common, 48. ACTION FOR PARTITION, is an administrative proceeding, 12. cannot lie joined with action for recovery of Land without leave of court or judge, 12, 104. includes action for sale and distribution of proci eds, 13, 14 1. See also Partition ami Sale. ADVANTAGE of sale must \i \. ADVOWSON, partition of, may be made bj alternate present* tiona, 20. A I Tll'W I I". verifying statement of claim, when required ALTERNATE ENJOYMENT may be directed, 18. APPLICATION OF PURCHASE MONE1 . 90, 137, I W. A.PPOINTMEN r OF RECEIVER, before salt under Trustee Ad, I860. .69. ASCERTAINMENT of parties interested, BO, 1 13. ASSIGNMENT, definition of, under Trustee Act, 1850. . 124. 15. BIDDING AT SALE. Set Liberty, to bid. C. CERTTFICATE, of chief clerk, 66. must precede sale, 08. CHANCERY, COURT OF. Set Court op Chancery. CHANCERY DIVISION. Set Coi bt o* Chan< bry. CHIEF CLERK'S CER1 [FICATE, 66. most precede sale, 67, 98. CLAIM, statement of, when to be verified by affidavit, 63. COM M II rEE, lunatic may sue for partition bj . 23 1 1 1 ( < iM M< i.N LAW. procedure at, 9. CONDI ' l OF - \LL. usually given to plaintiff) 7 1. when all parties bave leave to bid,cond solicitor, 76. CONS! i:i < WON of will by consent, 106. : im;i.m KK.ii r. definition of, under Trust* e Act, I860 . , 128. ruiiv 127. INDIA. 11/ CONVERSION, safe of infant's estate does no! opi rat< as, 8, 27. Bale rightfully made operates as, in absence of equity for re ' \ en ion, '11. CONVEYANCE, definition of, under Trustee A. i. L850.. 123. CO-PARCENERS, righl of, to partition, 19, 22. COPYHOLDS, ool Bubjecj of partition suit before 1868.. 14. effecl of vesting order in case of, 86, 129. ( '< ISTS, sale Cor payment of, 6. under Trustee Act, 1850. . 8G. discretion of court as to, 109, 112, 140. practice before 18<;8.. 10'J. decisions under Partition Act, 18C8, as to, 112. generally be borne by parties in proportion to interest, 112, 114. may he paid out of estate under Trustee Act, 18j0. . 134. CO-TENANT IX OCCUPATION, account by, 46. in case of infant's share, 46. COUNTY COURT, jurisdiction of, in partition, 10, 140. transfer of suit from, 10. suit in. when dismissed for excess of value, 11. mi'IlT OF CHANCERY, assumption of jurisdiction in partition by, 4. 9. had do power to decree Bale before Partition Act, l B68 . . 6. jurisdiction of, under Partition Act, 1868.. 9, 138. assigned to Chancery Division by Judicature Acts, 1". authority, when exercised by county courts, 10. transfer to, from courty court, 11. discretion of, as to costs of partition actions, 109, 112. CURTESY, tenant by, entitled to partition, 23. (T.STOMARY FREEHOLDS, not subject of partition suit before L868..14. T. 2 11^ INDIA. D. I > \ v to show caase aboli DECREE for partition cannot be disturbed, 94. DEFENDAN l. may request Bale when plaintiff claims partition, 25, 64, mm- of objecting t" -ale is upon, when plaintiff owni r of ■ moiety, cannot object for want of parties, 61, l W. DEPOSIT, payment of, dispensed with to party haying leave to bid, 75. DEVISEE, definition of, under Trustee Art. 1850.. 124. DIRECTIONS for Bale, 40. DISABILITY, Bale for costs of persona under, 6. of parties may be ground for decreeing Bale, 36. ■ to be a bar to Bale, 39, 141. party under, may be declared a trustee, 84. I HSCHARGE of incumbrances, 90. DISCRETION of curt as to costs, 112. DISSENT of parties not to be a bar to sale, 39, I n DISTRIBUTION of proceeds of sale, BO, l 13 E. EQUITABLE TITLE in plaintiff is sufficient l IQl NY for re-conven ion, 27, 91 . i ! - in FEE were subject of partition suit before L868.. 14. EVIDENCE, in partition actions, 63. onus of proof as to benefit ol plaintiff must prove bis tit! . ;.-- < »F V \ I . i I . . transfer of suit from county court for, 10. i SION, from participation, 81 party excluded maj bare, Bl, 1 1S INDEX. 149 F. PRANCE, law of, as to partition, 7. FURTHER CONSIDERATION, 97, 99, 107. G. GUARDIAN may request sale on behalf of infant, 2(3, 144. II. HARDSHIP, in ease of, to particular owner, courl may Order sale, 33, 41. HEARING, order for sale at, 97. I .M PKOYF..M i'.NTS, right of tenant in occupation t.i reimbursement for, 50, 61. INCONVENIENCE to one party, not alone sufficient reason t". >r refusing sale, 32. ENCUMBRANCERS, costs of, 115. ENCUMBRANCES, inquiry as to, 66. discharge of, 90. INFANT. sale for payment of costs of, 6. sale of estate of, does not operate as conversion, 8, 27. right of, to partition before 1868. .23. request for sale may lie made on behalf of, 26, 99, 144. request for sale <>n behalf of, not complied with if not for his benefit, '20. party entering on estate of, treated as trustee, 40. truster, power "t' court as to, 85, 126. effect of Trustee Act, L850, upon rights of, 88. INJUNCTION, 59, 107. INQUIRIES, preliminary, 62. as to incumbrances, GO. INVESTMENT of purchase-money, 91, L38. 150 INDEX. .1. JOIN r TENANTS, were compellable to make partition by statute ... 14. JUDICATURE ACTS, 10. JURISDICTION, .•it common Ian . 9. of Chanci ry Division, 10. of county courts, 10, 140. in partition, founded on request of owner or owners, 24. to decree, sale founded on i Bideration of possible hardship, 11. power of court where trustee out of, 85, 137, L LAND 'I AX. redemption of, application of purchase money to, 90, 137. LANDS, definition of, nnder Trustee A t, 1850.. 122. 3 i.Ih U.DS. jurisdiction over, in partition Buits before I 368 . . 16. LEASES AND SALES OF SETTLED ESTATES Ad', i application of, to partition, B, 27, 90, 1 10. creates equity for re conversion In case of person under disability, 27, 91. provision forpaymenl of purchase-money, 90, D17. paymenl to trustee under, refused, 107. LEGAL ESI \TI'. may be got in under powers of Trustee Act, .60. LESSEE of undivided share, • I I L6. LIBERT? TO BID, may be reserved, 7 1. 139. where .-ill parties have, solicitor will be appointed to conduct 7.'>. • v 1 1 :t % ing, excusi d from makin ma) n t offval fhis own share, 76, 97. U >Sfi • i one party not alone sufficient reason t" refuse sale, l.i NACY, request for »ale by person of unsound mind must b I with in, 101. i.r.vvi [C, may sue for partition or sale bj committee 2 '•. 26. di finition of, under l A 124. INDEX. 151 M. MAJORITY resisting sale may undertake t<> porchase shares at valuation, 40. MANOB may be Bubjecl of partition, 18. MARRIED WOMAN, right to partition before 1868 . . 23. request for sale may be on behalf of, 2*'., I 1 1. MINORITY, request for Bale by, 33. onus is on parties requesting sale, 35. MOIETY, request for Bale by owners of, 28. onus is . .48. distinction between claim for occupation rent and fur account of rents and profits, 52. rule as to rents and profits, 53. proceeds of Bale of timber, tenant entitled to reimbursement for repairs and improvemi 56. appointment of receiver. 58. in case of infants, 58. where tenant in occupation declan . 59. injunction, 59, 107. plaintiff must show title to undivided share, 60. defendant's title need uot be minutely stated by plaintiff, 60. all owners of shares need not be parties in first instance, 61. l.VI INDEX. PARTITION— continued. defendant cannol object for want of parties, 61. title of plaintiff and defendant must spring from one rout. 61. plaintiff musl disclose grounds for sale, 61. if plaintiff own a moiety, defendant must state grounds ofob tinii, 61. account to be prayed for, 61. judgment or order for Bale, 62, 94. order for preliminary inquiry, 62, 64. forms of order, 6 l. 68, 69. evidence, 63. plaintiff must prove his title, 63. onus "ii defendant to resist Bale, 64. chief clerk's certificate must be made before sale, 67, 98. when -ale may proceed, after reference for inquiry, without coming back to court, 66, 68. judgment on defendant's undertaking to purchase, 70. form of judgment, To. decre plaintiff's claim to partition, 71. form ofjudgment, 71. court may order salt- of part ami partition of part, 72, 95. form ofjudgment, 95. practice where co-owners are absent, or unknown, or too nnme- rous to !"■ Berved, 77. 1 10. cmirt may dispense with services, ami direct advertisements of, 7-. 1 12. application of Trustee Act. L850, to absent parties, 79, 83, 86, 139. ..Licet and effect of incorporation of Trustee Act. 1850. .83. power of court to make mting order, or to appoint person to convey estate, 84. court may declare infant trustee of part- allotted in severalty to othi rs, 89. e for, cannot be disturbed, and sale ordered insto ad. 94. further consideration, 96, 99. pi r f unsound mind, not bo found, cannot Bue for, 100. ■ tier cannot BU6 for, L04. court cannot determine al< I |l " ; - construction of will by i lent, !"('». power "i' court a- t", 109, l !"• old practice a- to, 109. are within absolute discretion of judge, 1 12. of all parties may be made lieu on proceed of ale, 1 1 ' INDIA. I.J.) PARTITION— continued. costs, power of court us to — continued. should be apportioned in proportion to interests, 1 1 1. of lessee of undivided Bhare, 115. See also Partition Acts; S.yi.k; and Wkit mi- Partition. PARTITION ACT, 1868, chief object of act, 1. evils to lie remedied by, 4. protection to heirs of infants, 8. jurisdiction given to Courts of Chancery, 10, 138. to Landed Estates Court, Ireland, 10, 138. to county courts, 10, 140. transfer from county court for excess of value, 10. plaintiff must be person who could have maintained suit before act, 22. limits right of partition, 24. jurisdiction of court founded on request, 24. sale of infant's estate under, does not convert realty into per- sonalty, 27. request for sale by owners of* one moiety or upwards, 28, 139. by owners in a minority, 33, 138. power of court to order sale if parties opposing refuse to pur- chase shares, 40, 139. court cannot compel an owner to sell to his co-proprietors, 43. practice under, GO. all parties need not be served, 77, 140. defendant cannot object for want of parties, Gl, 77, 140. judgment or order for sale under, G2. judgment of partition, 71. parties interested may be allowed to bid at sale, 74, 97, 139. incorporation of sect. 30 of Trustee Act, 1850, into, 83, 139. trust created by decree or judgment will be in favour of pur- chaser, 84. other sections of Trustee Act, 1850, applicable to Partition Act, 85. incorporation of sects. 23 — 25 of Leases and Sales of Settled Estates Act, 90, 140. incorporation of sects. 9—11 of Chancery Amendment Act. 1858.. 140. retrospective operation of. :*:;. further consideration under, 96, 99. costs, power of court as to, 109, 140. 1 56 INDEX . PARTITION ACT, 1876, to be read as one with Partition Act, L868.. 141. ■ppliea to pending actions, 111. directed to points of practice, 8. partition need nol 1"' prayed for, ■_'">. 1 1 1. court may dispense with Bervice and direct advertisements, 78, 1 11. application of Trustee A.ct, 1850, to absent parties, 79, 86, 142. edinga where Bervice dispensed with, 79, I 12. ment of proceeds of sale into court, 80, 1 12. time for distribution, 80, 1 1- • notice of Bale, 80, 142. distribution of proceeds, 80, 143. right of parties excluded to recover portions, 81, 143. does not in terms authorize a person of unsound mind to Bue by next friend, but court may act on request for Bale, 101. provision tor successive sales, 1 L3. action for partition includes action for Bale, 144. PARTITION SUITS. Sec Partition and Partition Acts. PARTNERSHIP, meaning of, in stat 31 Ben. 8, c. I. .2, PAYMENT INTO COURT, of proceeds of sale, 80, 142. of money of infants or persons of unsound mind, 133. PECUNIARY BENEFIT to be estimated in decreeing Bal< PLAINTIFF, who may be, 2"_'. need not claim partition, 13, 26, l I L may request ale, 25. primary right of, to partition, 71. equitable title in, is sufficient, 80. • disclose reasons for Bale, 61 . must prov< bis titli affidavit by, in unop] 63. not be compelled t" bi II Bhare, To. PB \i nri; i NDER PARTITION A.CT9 i mlant cannot object for want of parties, 61. account, when to bo sj ked for, 61. niiiary inquirii dii pensi d with, 62. im)f:\. 107 PRACTICE UNDER PARTITION ACTS— continued. affidavit by plaintiff hi unopposed cases, 63. w ben defendant requests Bale, 6 !. inquiry as to incumbrances, I'll'.. chief clerk's certificate, 66, 98. court may order sale ofpart and partition of part. 72. reserving liberty to bid, 71. conduct of sale, 71. Bervice may be dispensed with in certain cases. 78. notice of sale, 80. payment of proceeds of sale into court, 80. distribution of proceeds, 80. ascertainment of parties, 80. exclusion from participation, 81. costs in partition actions, Id'.'. petition under Trustee Act, 1850.. 132. PRESUMPTION of death of co-tenant, 82. PROCEEDS OF SALE, payment into court of, 80, 142. distribution of, 80,90,143. re-investment of, 92. exclusion from participation in, 81, 143. equity for re-conversion, 27, 91. PROFITS, account of, by co-tenants in occupation, 45, 53. partition of, docs not effect severance of estate, 21. PURCHASE-MONEY. See Proceeds of Sale. PURCHASER, trust in favour of, 84. R. RECEIVER, appointment of, before sale, 58. under Trustee Act, 1850 . . 59. RE-CONVERSION, equity for, 27, 91. REDEMPTION of land tax, application of purchase-monev to, 90, 137. 1 58 INDEX. REF1 8A1 . of parties requi I to convey, operation of Trustee Act, I860, i REIMBURSEMENT of repairs and improvements t" tenant in occupatii RE IN\ ESTMENT of purchase-money, 92. RENT (II LRGE may be rabject of partition, 17. RENTS, account <>f. by tenant in occupation, 45. in case of Bhare <>t" infant, 16. REPAIRS, right of tenant in occupation t" reimbursement for REQ1 EST FOB SALE, jurisdiction in partition actions founded on, 24, by plaintiff 26. by defendant, 25, 64. by owners of moiety, 28. by owners of minority, 33. by infant, 99. mi behalf of person of unsound mind, LOO. RETROSPECTIVE OPERATION of Partition Act, 1- REVERSK >.V jurisdiction over, in partition Buits bi fore 1 ~ ,>; .11 REVERSIONER, of undivided .-hare has do right t" partition, 23, LOS cannot cure defect in title by acquii RIGHT, ■.in t to partition Limited by statute, 24, ot' tenant in occupation to reimbursement for repairs and im s. BALE, court is only authorized to make order for, in action for par- tition, l. I nol lead of partition without consent ' ■< Partition Act, 6. INDIA. |59 SA LE — continued. for paymenl of infant's costs, ii. French law as to, 7. may now be enforced at instance of one or more < wners, T. action for, assigned to Chancery Division by Judicature Acts, In. county court jurisdiction as to, 1 0. nature of acti 12. prayer may be in alternative, bul it is sufficient to claim .•-ale anil distribution "f proceeds, 13. cannot he decreed where no partition possible, 21. what persons can maintain suit, for, 22, L39. every tenant may .sue fur, if property incapable of division, 58. request for, instead of partition, by plaintiff, 25. by defendant, 25, ('4. by infant, 25, 111. by married woman, 26, 144. by lunatic, 20, 144. by owners of one moiety or upwards, 28, 139. onus on parties objecting to, 28. power of court to refuse, 28, 32. by owners in a minority, 33, 138. onus on parties requesting, 33. benefit must be to parties collectively, 35. Iienetit must he pecuniary, 35. questions to be considered, 3G. effect of absence or disability of parties, 39. valuation of share of parties applying, 40. power to order sale on refusal of majority to purchase share, 40, 139. party requesting sale of whole, cannot insist on sale of Bhare, 43. proceeds of, when to be treated as personal estate, '11. if rightly made, is a conversion, 'J7. of infant's estate, does not operate as conversion, 7, 27. equity for re-conversion, in ease of, 27. of timber, proceeds of, 55. appointment of receiver before, 58. injunction after decree for, 59, 107. plaintiff must disclose grounds for. 61. if plaintiffs own a moiety, defendants must state grounds of objection, 61. I 'I INK! \ S \ I I . C itiii'K -/. when may be ordered without preliminary inquiries, 62, 94 judgment <>r order for, 62. forma "t" order, 62. plaintiff must prove lii- title, 63. onus mi defendant to resi b, 64. order for preliminary inquiries before, 64. forms of order, 6 1. 68, 69. chief cli rk'a certificate must 1"' made befor when may proceed, after reference for inquiry without coi back to court, 66, l judgment on defendants undertaking t" purchase, 70. form of judgmi at, 70. : -art may be ordered, 7.'!. 95. form of judgment, '. , ">. power of court t<> allow parties to bid at, 74, 97, 139. when all parties have leave to bid, solicitor will be appointed iduct, 75. plaintiff usually bas conduct of, 74. power to dispense with deposit by party purchasing at, 76. party purchasing at, may Bel off value of his Bhare, 76, 97. order for, after advertisements for absenl partii s, 7'.'. 142. notice of, 84, 1 12. men! into court of proceeds ofj BO, 142. distribution of proceeds ofj 80, 137, 1 I". applicati f Trustee Act, I860, to abserl partiei power of court to make vesting order or to appoint person to convey estate, 8 1. .-.I plication of Settled E tatei Ad as to proceeds <■•. 107. ; of incorporation of V it, 91 . purchase-money to !"■ paid into court or to ti tment of mone; equity for re conversion, 91. -li under control of court, 91. not be ordt red after decree for partition, 94 further consideration, 99. I 10. are within absolute discretion ofjudge, 112. may be ma le 1" n on procei ds, 1 1 l. same action, 1 13 Pari i i ion an I Pabi n ion A< INDIA. |(J| SECURITIES for inve tment, 91. BEBVICE, "ii .ill nit or unknown parties may be dispensed with, 77. ill. advertisement in lieu of, 80, 1 12. SET-OFF of value of share by party having leave to bid, 76. SEVERANCE of estate no! affected by partition of profits, 21. SHARES, majority may undertake in purchase, at a valuation, 11. 70. S( ►LICITOB appointed to conduct .sale when all parties have leave to bid, 75. STOCK, definition of, under Trustee Act. 1850.. 123. T. TENANT, account by, 45. TENANT BY CURTESY, entitled to partition, 23. TENANT FOR LIFE, right of, to partition not affected, though estate determinable on contingency, 22. TENANTS IX COMMON, •were compellable to make partition before 1868. . 14. action of account by, 48. TENANTS IX OCCUPATION, account b) . 45. will lie restrained from waste, 59. TIMBER, account of proceeds of sale of, 55. TITLE, of plaintiff must be proved, 63. of reversioner cannot be cured by acquiring estate, 23. L. M 162 INDEX. TRUST, definition of, trader Trustee Act, I860.. 124 TRUSTEE. 8* Trusti r A< r, I860 TRUSTEE A( l. I860, incorporated into Partition Ant. 1868 ..83, 139. objeol of incorporation, 83. incorporated into Partition Act, 1876. .86, 1 12. powers of, are available to gel in legal estate, 60, any of the parties may be declared trustees within, power of court in case of infant trustee . 36,426. where trustee dead or oui ofjurisdiction, B5, 128. provisions as to vesting orders, 86, 129. under, 86, L3 L effect of, upon rights of infants, ss - interpretation clause of, 122. TRUSTEE EXTENSION ACT, 1852, provision in case of en I neglect or refusal to convey, s, *>, 136. U. : ^ASCERTAINED PERSONS, 88. UNBORN CHILDREN, interests of, protected by Trustee Art, I860. .84, ISO. meaning of, under Trustee Act, I860. , i \ DERTAKING to purcha e hart ,41, 69 i NDPTDDED SHARE, owner of, entitle. l to partition, 23. effect of Trustee Act, I860, upon, I revi raiom t of, nol entitled t<< partition, 22. occupier of, is liable to account, 48. OUND mim». |m ■ • bo found, cannot sue for partition, -'■'•. 101. request for sale may be made on behalf of, 26. cannot deal with real estate by next friend without pn in lunacy, 26, 101. iNm.\. li;:{ v. VALUATION, undertaking to purchase shares at, 41, 69. TESTING ORDER, power of COUrl to make. 84. provision in favour of purchasers as to validity of, 86. W. WASTE by tenant in possession will be restrained. 59. WILL, construction of, by consent, 10G. WRIT OF PARTITION, at common law, 9. THE END. LONDON: PRINTED BY C. BOWOBTH AND PONS, NF.WTON STRF.ET, HTGII HOLBOKX. o- -o 31 Catalogue OP LAW WOEKS PUBLIKHKI) HY MESSES. BUTTEEWOETIL TO THE QUEEN'S MOST EXCELLENT MAJESTY H.R.H. THE PRINCE OF WALES. " Now for the Laws of England (if I shall speak my opinion of them " without partiality either to my profession or country), for the matter and " nature of them, I hold them wise, just and moderate hues: /lie;/ give to God, " they give to Casar, they give to the subject what appcrtaineth. It is true " they are as mixt as our language, compounded of British, Saxon, Danish, " Norman customs. And surely as our language is thereby so much the richer, " so our laws are likewise by that mixture the more complete." — Lord Kacox. LONDON : 7, FLEET STREET, E.C. 1877. Q 1 J-nTir.v to rc«ry Chanceiy Practice, imltta Hunter Drafting. Lew If Channel Islands. Bon dlti h . ia Charitable Trusts, Tudor .. Chart of Descents. M Hindu, oflnheriti Church Building. . Chnrcb Scat > Circnmstantial Evi- dence. Willi ."3 Civil I Tomklna and Jem kin is ( 'i\ il Ben ice Exam. < Indian), cut] ( !laimi and I Forms of. Drewrj .. I ■ lish 1 Blaxland CoUia B ridga, 12 ( 'niniiiriiliii Phllllmon'e, Inierni- ... : ( 'ommi ■ ■ ii 1 ic». l|irt>: Common Form Pi 1 Common Law, At 1 kambtri. 1 11 I . u nor Common Law — cunt. .in,/. CUtty, Jim.... IS William* ... /' Dixon Ktrr Loan >*> Compai :d .. 12 : iw t if In-ram 35 Shclf.ird 1-' ilidatkm A Shrif.ir.l Conspiracy. - /. ... 2S I < Jorparatti ■ . .... .17 .: ... V INDKX TO CATALOG! I PACK Latl '■!■ Cray ... II County Courts, i Hutu and Acti, 1 9 Equity ami Bankruptcy. Davis Criminal Law. Davit/: 39 Oke ... SO ('unites. Field 47 ( rustoms Laws. 1 reeds. Samel I? Tudor II Defences in Chancery. Drewry ... uts. Fearne Dictionary, Law. MozUy & Whiteley ... I rigest, Clark Patent Cases. Hlgglns I liscovery of Evidence, Hare 21 I divorce. Final Examination. Bedford 19 Practice. Browning .. 38 Domestic Servants. Baj lis 29 Drafting, Equity. Lewis 21 Draftsman (The) Kelly 27 Drainage. Irych 2" Wilson II Basements. Latham ... 34 Ecclesiastical, Practice. Coote 47 Judgments. Bttfdei v. Heath ... 47 Gorham v.Bp.of Exeter ir Helibert >■. Purcbaa ... 47 Long v. Bp. Cape Town 47 Martin r. Mackonochie 47 Westerton e.LiddeU ... 4" Election, Law. Davis 20 Elementary Law. l'rancillon 41 Uosely En franchisement, Copy- holds. Rouse ... 26 England, Laws of . Blaokstone ... 5 Stephen .. 5 English Bar. Pearce ... 43 Smith ... 3S English Law. Blaxland 46 Equity, 'm ami Practice of. Goldsmith 2] Roberts 10 Draftsman. Lewis ... 21 Equity and Law. Chute 23 Pleader. Drewry ... 44 Prevalence of . Trower 13 Suit in. Hunter ... 45 See Chancery. PA0I K\ idence, I 'in ■umslnntial. Willi 33 County Court, Davii B Lawof, Powell ... 8 Wilts. Wlgram ... 4o Examinations. Preliminary. Benbam 43 Journal* ... 42, 43 I nl, rmediateund Final. Uosely 2G Fences. Bunt is Final Examination. ird 19 /v Bedford 19 Fisheries,5a{mon. Bund 17 Oke is Foreign Attachment. Brandon 37 Foreshores. Hunt 1J Williams r. Xichol- son ! 1 Forms, Conveyancing. Barrv .. 20 Crabi) .. 25 Rouse 1G County Court*. Davis 9 Magisterial, Oke ... 31 Probate. Chadwiek 7 Formnlist, Magisterial. Oke 30 Frauds. Hunt 36 Friendly Societies. Brabrook 27 ( rains 1 Roman Law ... ss Game Laws, oke 31,43 Gaming. Edwards ... 40 Gas Companies Acts.. 30 Gavelkind. Robinson 46 General Average. Crump 29 Guarantees. De Colyar 14 Health, Public Glen 37 Highways. Glen ... is History, Constitutional Fulton 34 of Lords, Appeals. Denieon and Scott ... 5 Practice. May ..11 Clark 20 Idiots. Phillips i6 Income Tax Laws. Dowell 40 Indian Civil Service Exam. Cutler ... 4 4 Indian Penal Code. Cutler and Griffin ... 41 Indian Statute Law. 41 Industrial & Provident Societies. Brabrook 27 Inheritance, Indian < 'hart, of. Field ... Id Inn--, Law of. << Institutesof Pnblicand Private Law. Naimltb 14 Insurance, Marine. Crump 29 Intermediate Exami- nation, . Bedford ... ID at ... ... \- International Law. Daniel II Herulet l'hillimore 21 Jersey ( Law of). itch 45 Le Cras .L>inr Stock. Banki. Grant ... S3 Companies. Sbelford 12 Judicature A Bed lord 19 Chute 2! Drewry Rogers 17 Trower 13 Webb Jurisprudence. of Law, Holland 37 Webb 22 Justice of Peat e. oke so Kalendar, Bar. Shaw... 43 Labour Laws. Davis... 6 Landlord and Tenant. t 13 Law Dictionary. Mozley b Whiteley .. 1)3 LawandEquity. chute 23 Law Exam. Journal 42 Law Pamphlets. 41, 4.-,, 4*6, 4 7 Law Studies. Moselv .. 2d Smith ... Stephen's Blaekstone J Leading Cat Property. Tudor 22 I Crabb 25 Rouse Id Legacy .Duties, sheiford 20 Libel, Starkie. Folkard.. 13 Licensing Laws, oke .. 32 Life Assurance. Blayney Local Government. Glen Lord Mayor's < ' 'uri. Brandon 37 B2 -o INDIA TO CATAL< Lunacy. pbUlipa ... l<"' ! ,aw, ... 39 ... 30 Marine Insurance Crump Maritime Warfare. 4:. Hamel 41 - .ants. IlaylU 20 C \ ':mcn. ^y M Matrimonii : I Ding "S Mercantile Accounts. Pulling U Mercantile Law. t'hitty 4f> mis. Pullin Mines and .Mineral-. Bainbrldge IS r ... M House ... 16 Municipal Law. s Grant oralization. cutler 34 (.'('n ... ■aider* .. 35 Neutrals. PhUUmow., ( Irtolan' w n Pamphlets, Law. u, •».-., • Parliament m... 41 I IA ... II Pai ' • 1 01 II I < ,1 rdncr. .. , w liicli appeal I. The handy, well-printed and carefully prepai reputation ami authority.' 1 — I.mr Journal. " The editors of this work put forward ' no claim to that c\ works dealing with the law of evidence aim on the contrary, 'adhere to the principle ' of their Author ' of not overloading the hook with cases. 1 We heartil the principle; which, how« what difficult ox appHcatlon. We id, however, that in most instances Lie tersely 'id the of the reader is consulted hy than one set of reports. quently, and, as far as • over, In ter, a 'ruli ttion, and then to group the cases round it. These rules or axioms are printed in a dis- tinctive type. The work has heen pruned and lied bythe lightof theJudlcatui The authors give in an a; Evidence Acts, with some Indian de i-ionally notl in the text. <»n the whole «e think this i« B Sltlon of a good book. It ■ ; w hull we should like ■ iierally adopt ed." — Solicitor^ Jwtntal. •■ u Informed in the preface tl results of the Judicature A .knee have been duly noted, whilst thi Itself has been rendered more comprehi It is an excellent summary of principles."— •• There Is hardly any branch of the law of greater interest and importance, not only to i. hut to the public at IniKC, thnn the la- '■'■ rt "> n " the more inclined to welcome the appearance :. of this valuable work." — Lav BxamincUkm Journal. "To the general practitioner the main vnlue of the work must consist in jt, treatment of the law prevailing in this colli: and in England, and in this respect wi (tenth recommend the work to our i Student we know or no work on the law of c\ IdenCC we COUld more Strongly recom- mend, and both branches of the profi will And Powell's Law ol Evidence ■ work which can he consulted with confidence."— Iruh I Davis's Labour Laws of 1875. Bvo. , i •-• • '1 HE LABOl B LAW'S OF 187 l; .i. I.. Davis, of the Middle Tempi Police Magistrate for Sheffield. ■ .Mi a strictly In this he h 1 ding of ■ .; to the • lllljc ' n print of the ; i U ■• \ n this utilijrrt Should fill f 1 1 ■ loth. , with [ntroductioD and Nob s. I. |.. Barrister at Law, and late produced a book which will pro! i this Import "The work will undoubted!) the author, and ma] ntlal to all who have to admlnlsttr the ihour. wnik is Inti ndi d to be, and no doubt v. in bi i • ■'" '"" l to administer the • •II | ,.» nf, of the Labour Laws nf theCOUntl •■ a new and important work on the Labour i M ; . ntly lits him lor the work." — y 'riilfjxtnleilt. i readers thai wa .it. the work as one upon nof "huh tie y will congratulate ■ lion In the 1. which Is of impor . md nil en.; .■■ iur, and to tin in we !•' 01 it It coiilidcncc."- / ■ 9- -MI.SSRS. BUTTKRWORTH, 7, FLEET STREET, B.C. Coote's Probate Practice. — Seventh Edition. In 1 rol„ Bf( •Hi; 29« THE COMMON FORM PRACTICE OF THE HIGH COURT OF JUSTICE IN GRANTING PROBATES and ADMINISTRA TIONS. Bj Henry Charles Coote, F.S.A., late Proctor in Docl Commons, Author of " The Practice of the Ecclesiastical Courts, tinted in thii work an in . ■ with the Order* of Court and i> Of the Bight linn. Sir James Barmen, and on thou u y of til* I'robab Divisional Court, "In lesa than twenty years the work has reached a seventh edition, and this new i flnda ii s introduced by the Judicature Acts. Mr. Coote his ret fori ti so much of the recent legislation as d the Court of Probate in the High Court of Just Ice, and has i (plained the efH sui h legislation as regards the subject matter of iiis hook. He has also amended his forms in obedience to the new law. The edition, so l'ir as Conn i Form Business is concerned, maintains the reputation of the work, and ill the present day, w hen every solicitor conducts probate business, Will doubtless command the same popularity as those editions which have preceded it." — Late Journal. "The above is another name for what is commonly known to the profession as Coote's Probate Practice, a work about as Indispensa- ble in 8 solicitor's office as ar.y book of practice that is known to us. The seventh edition is chiefly distinguishable from the sixth edition in this, that certain important modifications and alterations are effected which have been rendered necessary by the Judicature Acts. Judicial decisions subsequent to the last edit ion have been carefully noted up. We notice several new and useful forms ; and the author has not only attempted, but lias in the main succeeded, in adopting the forms and directions under the old probate practice, as embodied in prcvio the new procedure under the Judicatui Solicitors know that the difficulties in the way of satisfying the different clerks at Bi House are frequently great, and c nothing so likely to tend to simplicity of prac- tice as .Mr. Coote's book." — /.■"/■ 1 " Nearly live years ha\ • publication of the last edition of this hook, which has long held a high reputation a solicitors, hut we flnd little change in its con- tents. The Judicature Acts, which have ren- dered obsolete SO many works of pi have left this almost untouched. The chief changes in this edition appear to be ti s tion of the headings of many ol the forms; the insert ion of several new cases and of some of the judgments of Dr. Iiettesworth, of the f« taken by solicitors and paid to the Court in common form business as directed by the Rules of 1S74; and a considerable increase in the number of forms in non contention Hess." — ,v,7, ,-,!, , ff Journal. "In lS. r >s .Mr. Coote published a first at- tempt to explain the principles which were to regulate the Common Form Practice of the then new Court of Probate. Very welcome, indeed, therefore, was his opportune book of practice, and its utility has been significantly proved by the fact that we have the sixth edi- tion now before us." — /.<" Ma Chadwick's Probate Court Manual, corrected to 1876. EXAMPLES of ADMINISTRATION BOXDS for the COURT of PROBATE; exhibiting the Principle of various Grants of Administration, nnd the correct Mode of preparing tlie Bonds in respect thereof; also Directions for preparing the Oaths, arranged for practical utility. With Extracts from the Statutes; also various Forms of Affirmation prescribed by Acts of Parliament, and a Supplemental Notice, bringing the work down to 1866. By Samuel Chadwick, of Her Majesty's Court of Probate. Is pnrel] ■ I k "i pnu i ce, I it iben ore valuable. It tells the reader what loda, si "We undertake to -iv that Hie possession of Ihli volume bj practfilonera \\iii pn % t-m man) a hitch aud awkward < 1 1- 1 ;i > . provoking i<> the lawyer himself and difficult to be sMiifactorilji explained in die clients." — azint. Is the information most required after a lawjei to practise." — Law /"«<>. Bund's Agricultural Holdings Act, 1875. THE LAW OF COMPENSATION FOB UNEXHAUSTED AGRICULTURAL IMPROVEMENTS, as amended bj ultural Holdings (England) Act, 1875. By J. W. Willis Bund, M..V. of Lincoln's Inn. Barrister at Law, Author of ••The Law relating to Salmon Fisheries in England and Wales," &c. " It will be found very serviceable to all those who have to administer the Agricultural Holdings Act." — ha.\ vis's Coujh v Court I'i: LI I'M IE AND EVIDENCE. " The i weeping alterstlom in proi edure an I in substantive matters of law compelled .Mr. either to prepare a new edition of bii work it to edii a Supplement. I!'- baa chosen the latter course. Such disadvai inherenl to a Supplement he has reduced to ;i minimum by numerous refer nces and a full Index to the whole work. Some notion gained of the extent of the n >u matter with which Mr. Davis had to deal from the fact that the volume before us contains, exclu- sively of the index, 326 pages of matter. First is given the text of the County Courts f5, with notes; then follows an analysis ol Several acts, among which are the Public Health Act, the Judicature Act, 1875, the Friendly Societies Act, the Employers and Workmen Act and the Agricultural Holdings Act; after which the Rules of 1875 and of the • year, with Forms, Table of C Court Fees, and the like, are printed in exk ruo. The volume is In B neat ami handy form and well adapted for general use."— Law Journal, April l.i, 1876. " We have here, in pood type and conve- niently arranged, all the new legislation, whether parliamentary or judicial, relating to County Courts. The book opens with the Act oflasl session, shortly annotated ; then follow the portions of other Acts passed last session Which relate to County Courts ; and, alter these, the Consolidated Kules issued last year, and the new rules which came in force on Monday last, a very full Index is added, containing references, not only to the present volume, but also to the work to which it Is intended as a supplement. " — & nal, April B, 1876. ••Mr. Davis has published a Supplement to his work on County Courl Practice ai dence, which supplies the County Court of 1875 and 1876: The County Courl Ai bet recent statutes affecting the juris- ' CtS. The number of statutes affecting County Courts passed in 1874-5 is certainly formidable, and required to be brought at once to the notice of practi- tioners. This Mr. Davis does in a form which has thoroughly recommended itself to the profession. The voluminous Index will form an excellent guide t tion as well as to the rules and orders." — Law i 1.7.;. " We will merely content ourselves with pointing out that the additions and cl I a, regards County Courts Jurisdiction, have been very ^reat and important, and that this volume indicates them in a well arranged and convenient form. Its issue has been wisely delayed so as to include the Rules of 1S76." — Law Magazim , August, l "The result of his labours cannot fail to prove abundantly useful to practitioners, who will find that this work supplies, in a collected form, tile entire legislation of 1X74-5 affecting iunty Courts and the 1! a with the new Scale ol Costs Sic. The work, in our opinion, deserves the favourable consi- deration of the profession." — Irish Lair . May 20, 1876. Davis's County Courts Practice and Evidence. Fifth Edition. Jvo., 38*. cloth, 43*. calf. Till': PRACTICE AM) EVIDENCE IX ACTIONS IX THE COUNTY COURTS. By J ames Edward Davis, of the Middle Temple, Esq., Barrister at Law. Fifth Edition. •-• This it the only work on the County Courts which »ts awl treats fully of the Law and Evid ms and other Proceedings in the* I " We believe Mr. Davis's is the best and newest work on County Court Practice." Law Timet. " Mr. Davis's works are all COHSpii UOUS for clearness and accuracy. The present edition will fully sustain the well-earned reputation of the work." — Solicitors' Journal. " It is hardly necessary for us to sum up in favour of a book which is so popular that the several editions of it pass rapidly out of print. All we need say is, that the verdict of the pur- chasing public has our entile approbation." — Law Journal. Davis's Equity, Bankruptcy, &c. in the County Courts. 8to. 18.?. cloth, 2'2.i. calf. The JURISDICTION ami PRACTICE of the COUNTY COURTS in EQUITY. ADMIRALTY, PROBATE and ADMINIS- TRATION CASES, and in BANKRUPTCY. Bj J. E. Davis, of the Middle Temple, Esq., Barrister at Law. *»* This trork, although issued separately, forms a Supplementary or Second Volume to Daris's Conn!'/ Courts Practice ami Evtol n O 10 LAW WORKS PUBLISHED BY Roberts's Principles of Equity.— Third Edition. published, Bto., 18 , cloth. THE PRINCIPLES OF EQUITT as administered En the Supreme Court of Judicature and other Courts of Equitable Jurisdiction. l'.v Thomas Archibald Roberts, of the Middle Temple, Esq., Barrister l w. Third Edition. "The work will lie found to abound In f the leading litioner may Led with ni" the miIi- tilch ere, indeed, the only rare founda- i iii kind calculated to be - i work, by a member of the bar, will . w.mt which must have been felt by lily since tl the Judicature Acta. Mr. Huberts'* wurk is more ezl more readable. '1 \ . \^7~. "The work, we have no doubt, wul prove useful tn thl tn the student clati Ol Our nailers, and We mraend it to them. It rum to K-ss ti: ; it ii printed upon paper and ii , and it lias tl satisfactory guarantee that it Ii now in its third edition."— Lute Journal, April 2, 1877. Fisher's Law of Mortgage.— Third Edition. Just published. 2 vols. Royal 8 vo., 60«. cloth; 72*. calf. TIIKI.AW OF MORTGAGE AND OTHEB SECURITIES UPON PROPERTY. By William Richard Fisher, of Lincoln's Inn. at Law. "Xh built Up for i! I If. pinion of thi i very ici uracy and It fully maintain) d i urlties upon ] • dly Intricate, and the author Justly o |{ ty of I- arnin ■ than any ingle branch of the English la eurate know tl To all di imend Mr. ,, which will, moreover, prove t, ; Intel- th the wmk know tl we think tl ■ . i w hiili u the 1 I ii If sa\ i, • to explain the nature of the different kinds ol 'id equitlea which they create, and the manner of and circumstances attending their din The earlier parti of the work ha\ i and now appear In the langui ■• and ai men! used in the completed part of the ■ I ■ t of the Lav I which Mr. Fisher deiigm I mmlsslon. Thii •■ •iflcatl by adopt. formally itati I mode of Iran ' tire, and the i ft work i-, w ith- \ a*t 1 1 1 1 |>t> ■ \ in.' lit on 11 ; ii i it of little ex< i pi I in bi.ik ; but, new statutes and t, the author d, in .. I III! - printli third • dltion of the Richard Plsher, glad tu litul rovi ments have bi i n made in the plau of the work, which is due to the incor- I niui'- :,t form, embracing as it statute and i-.i "i law to i ralue." — . —6 MESSRS. IiUTTERWORTII, 7, PLEET STREET, B.C. 11 Sir T. Erskine May's Parliamentary Practice.— 7th Edit. One very thick volume 8vo., W*. cloth; ro». calf. A TREATISE on the LAW, PRIVILEGES, PROCEED- [NG8 and USAGE of PARLIAMENT. By Sir Thomas Erss .May, D.C.L., K.C.B., ( Jlerk ol the House of Commons and Bencher of the Middle Temple. Seventh Edition, Revised and Enlarged. Contents : Book I. Constitution, Towers and Privilege! Of Parliament. — Book II. Pi and Proceedings In Parliament.— Book [II. The Manner of Passing Private Bills, with tbe Standing Orders in botb Houses, and the most recent Preci dents. " A work, which has risen from the po of ■ text book into that of an authority, would to a considerable extent to have passed out of the range of criticism. It is unite un- necessary to point out tiie excellent n ment, accuracy and completeness which Long idered Sir T. E, Ms he stan- d ird work on t he law of Parliament. Nol only arc points of Parliamentary law disci; d - Ince the publication of the last edition duly noticed in their places, but the matter thus added is well digested, tersely presented and carefully interwoven with the text." — Solicitors Journal. " l'i ■ i w matter have been i by sir Thomas May in his seventh edition, thus 001 - ■ iy altera! ion In ' and practice of Parliament, and all i 1 iting to public and private busi- ness since the publication of the sixth edition. We need inal ■ due of the work. It is an accepted authority and is undeniably the law of Pai liami nt. It has been brought up to the latest date, and should i>c in the hands of every one engaged in Parlia- mentary life, whether as a lawyer or as a se. nator." — Law Times. Higgins's Digest of Patent Cases. 8vo., 21*. cloth; 2os. calf. A DIGEST of the REPORTED CASES relating to the Law and Practice of LETTERS PATENT for INVENTIONS, decided from the passing of the Statute of Monopolies to the present time. By Clement Higgins, M.A., P.C.S., of the Inner Temple, Barrister at Lav.-. liable and exhaustive summary of the reported patent cases decided in English courts of law and equity, and this object he appears to have attained. The classification is excellent, as Mr. Higgins very truly remarks, that which natural!] ■ if from tbe practical working of patent law rights. The lucid style in which Mr. Higgins has written his Digest will not fail to recommend it to all who may consult his hook; and the very- copious index, together with the table ol will render the work especially valuable to Lonal men." — Wining Journal. "The appearance of Mr. Higgins's Digest is exceedingly opportune. The plan of the work is definite and simple. We consider that Mr. Higgins, in the production of this work, has met a long felt denial merely the legal profession and patent but patentees, actual or Intending invi manufacturers and their scientific advisers, will find the Digest an invaluable book of reference." — Chemical X< «•..-. " The arrangement and condensation of the main principles and facts of the cases here digested render the woik invaluable in the way of reference." — Standard. "The work constitutes a step in the right direction, and is likely to prove of much ser- vice as a guide, a by no means immaterial point in its favour being that it includes a number of comparatively recent cases." — . •• Prom these decisions the state of the law upon any point connected with patents may be deduced. In line, we must pronounce the book as invaluable to all whom it may con- cern." — Quarterly Journal of Science. "Mr. Higgins's work will be useful as a work of reference. Upwards of 700 cases are digested: and, besides a table of contents, there is B full index to the subject matter; and that index, which greatly enhan value of the book, must have cost the author much time, labour and thought." — Law Journal. "'This is essentially,' says Mr. Higgins in his preface, ' a hook of reference.' It tt to be added whether the compilation is reliable and exhaustive. It is only lair to say that WB think it is; and we will add, that the arrangement of subject matter (chronological under each heading, the date, and dou even treble references being appended to every decision), and the neat and carefully executed index (which is decidedly above the a\ are such as no reader of ' essentially a b reference* could quarrel with." — Solicitors' Journal. "On the whole Mr. Higgins's work has been well accomplished. It has ably fulfilled its object by supplying a reliable and authentic summary nt' the reported patent law c cidi '1 in English courts of law and equity, while presenting a complete history i I doctrine on the points of law and practice relating to its subject." — In "Mr. Higgins has, with wonderful and accurate research, produced a work which is much needed, since we have no collecti patent cases which does not terminate years ago. We consider, too, if an inventor furnishes himself with this Digest and a little treatise on tbe law of patents, he v. ill be able to be as much his own patent lawyer as it is safe to be." — Scientific and Literary Reoit w. "Mr. Higgins's object has been to supply a re- Q- C2 ig I. A\v WORKS PUBLISHED BY Bainbridge's Law of Mines and Minerals. - 3rd Edit. loth. \ TREATISE on the LAW of MINES and MINERALS. Bj William Bainbridgk, Esq., P.G.8.,ofthe Inner Temple, Barrister I ■ . Third Edition, carefully revised, and much enlarged by additional matter relating to manorial rights -rights of way and water and other mining gale of mines and Bhares— the construction of li book and general partnerships—injuries from undermining and inundatioi barriers and working out of 1k.um.Is. With an Appendix of Forms and Customs and a Glossary of English Mining Terms. " When a work ha* reached 1 gs them in anymai criticism as to tu pi •• nection with mines . know it. value, w ■ | —but". n in looking at the Tolume "Itwouldl to attempt that it has yet been iuper- a general review ol a work whi upied the i : was we believe thi tandard work on Huh imporU I and publish, in a . ■ the nature i ill, and the work w I done that his volume at once took il In the lav. library ai the text book on the learch, the admirable method, and thi ted. This work fulstyleofthl must be- already familiar to all nadirs v. Shelford's Companies.— 2nd Edit, by Pitcairn and Latham. Bvo., 21*. cloth. SHELFORD'S LAW OF JOINT STOCK COMPANIES? containing a Digesl of the Case Law on that Bnbject; the Companies Acts, 1862, 1867, and other Acts relating to Joint Stock Companies; the Orders made under those Acts to regulate Proceedings in the Court ofChanoery and Connty Courts, and Notes of all Cases interpreting the a ' - and Op; . .,1 Edition, much enlarged, and bringing the Statutes and I ,„ to the date of publication. By David Pitoaibn, M.A., PgU, ■; gdalen College, Oxford, and of Lincoln's Inn, Barrister at Law; and Pbaiccm Law Latham, B.A., Oxon, of the Inner Temple, .! Wf author of " A Treatise on the Law of Window Li " Wi may .Mr. I ■ i ung is omitti d ■ tiilinK ml. ■ dition "i Mr. . ..:..! by Mr. I, w<- r.iiik. mi- •ill it |i tlir I i Is ©- MESSRS. BUTTERWORTH. 7, FLEET STREET, E.C. U Trower's Prevalence of Equity. .lust publi , :,.<. cloth. A MANUAL OF THE PREVALENCE OF EQUITY under Section '_'."> of the Judicature Act, 1873, amended l<\ the Judicature Act, 1875. By Charles Francis Trower, Esq., M.A., of the [nner Temple, Barrister .-it Law, late Fellow of Exeter ( lollege, and Vinerian Law Scholar, Oxford; Author of "The Law of Debtor ana ( Ireditor," "The Law of the Building of Churches and Division! of Pari be ," &c. "We congratulate Mr. Trower on having produced a concise yet comprehensive treatise on the Prevalence ol Equity under tl section of the Judicature Act, winch cannot Fall to pm\ ■ i ' the stu- dent .'ind to practit i "ii law branch of the profession! w ho, under the recent tion, find themselves called upon, pro- bably for the first time, to study and apply In practice the equitable principles which now ■ prevail.' " — Law Magazine, Febtuary, I "As askel g t<> those who arc in a measure already acquainted with the doctrines of equity, the effect which may he expected to result from recent legislation, 10k is likely to prove of value. The amount of Information contained In a com- I form within its ; siderable, and on the wl irate. The work has been carefully revised and is well and clearly printed." — " The propositions arc fairly worked out and substantiated by references. The authoi that his pages may be useful to the common law branch of the profestjon, which now ri nit. I awcett'swork, that it is statutory through- out, in accordance with the predominant racier of the law nt the present day ; and Mr. Hawcett takes advantage ot this chanu teristic ol modern law to impart to his con:; grec of authenticity which greatly eniia: value ns a convenient medium of reference, for he has stated the law in the very words of the authorities. We have discovered plain utility to be the aim ami end of Mr. Fawcett's treatise. — ifaxine. 1 he amount of information compressed into the book is very large. The plan of the hook is extremely good, and the arrangement adopted has I the author to put together in one place the whole law on any particular branch of the subject, and to avoid repetitions. 1 bus not onlv is it easy to find what the author ha- t . any particular point. Inn when » t have found a refen nee to it in one place, we in that we have found all the hook contains upon the point, In this respect, though probably from Us smaller size it must COO! rmatioo than Woodfall, it will be found I y use than that trc . •/ Journal. " He contents himself with a plain statement of the exi i iently omitting all i of merely historical interest and topics collateral (o the special subjects. Above all, it h his purpose to state the law in ti the Butt enting the principles r.ls of the jud| excellent feature is a concise summary efftct of each enactment in the marginal It will he seen from this that the hook :> ttio- roughly practical, and, as such, will di rind a favorable reception from the pro;. — Las Timet, 1 1 LAW WORKS 1MHLISIIL1) UX Robson's Bankrupt Law. — Third Edition. Jusl pnbl calf. \ TREATISE ON THE LAW ol-; BANKRUPTCY; con- taining a lull Rxpositioo "i' the Principles and Practice of 1 1 1 » - I. including the Alterations made by the Bankruptcy Act, 1869. With an Appendix comprising the Statutes, Rules, Orders and Forms. L GrEORQE n, Esq., of the Inner Temple, Barrister al Law. Third Edition. ] '•. in this tliinl edition. on the ■it branch of law to which it relate) it : place in the •i. The authoi hai palus to make the i : ipport by a paint- ii Ion, and by incorporating recting i>»tli tl of Bankruptcy and the ; ■. ■ ■ i ankraptcy legislation contained in Mr. 1 K i> by no mean I eful features. In the ■ the third edition of so well known a work it is unnecessary to go much into details, illy as the author lias retained the origi- ipplementing w here i • us throughout, and the notes arc short ami to the point. The Index is both copious anil good."— / , May, \s7 7. " In the new edition we observe that the author hat used his best endeavours to main- tain the credit of his work. He has dili- gently collected tl. i bank- ruptcy law and practice since 1872, and I •> in the volume the Dee of the i!> '..lined in those that he has taken pains ; .■I" equal vaJ I loner. There :-. OUS Index. Any one to : : it lias fallen to grapple with qui il iii bankruptcy practice will of the author's labours." I <■ fournai. " We have always considered th of Mr. I: -. a model ol ■! in our opinion this edition .', fail below the same level. The Dl are brought down in the \ -n un- usually rcinu date, noted i ■ d and their result stated in as few words as possible. Mr. Robson is very cautious, and dl I frequently volunteer an opinion, but be never- theless occasionally draws drawl attention to mistaken views of the law, anil (laws which ought to be amended by the legislature." — iial. '•We welcome the third edition of Mr. Robson's Law and Practice in Bankruptcy. No alteration has been made in the scheme of the work, and none was required. The author '< pretend to have done more than to the text and index and note up the We have al i high opinion of the vvoik. which has 1 [uent reference to us pages."— Lav De Colyar's Law of Guarantees. . 14*. cloth. A TREATISE ON Till-; LAW OF GUARANTEES AND ol-' PRINCIPAL AM) SURETY. By Hbnbi A. db Colyab, of the Middle Temple, L-<|., Barrister at Law. " The whole work ■• in its ■• M < I ontalns Intel quite at home with his ii it value, and t wiU be Us enduring reputation." — Law Timet. production ; it i cleai in its statements of the . ! the result ot the many authorii. 1 w ith an intelligent appi of the subject ill hand." — hislicr of tht ■ Nasmith's Institutes. I'' lotb. 'i'lli. tNSTITl rESofENGLISH PUBLIC LAW, embracing an Outline of ( reneral Jurisprudence, tbe Development of the British Consti- tution, Public lul* rnational Law. and the Public Municipal Law of England. m. Esq . I.I..I;.. of the Middle Temple, Barrister al Lav,, Author "i' "The Cbronometrical Cbarl ■>(' the History "t England," I Joint Translator of Ortolan'- "II istory of Roman Law." 2 vols, or books, posl loth. THE I wi Mill SofENGLISH PRIVATE LAW, embracing an Outline of 1 U rich of the Law of Persons and Thi Adapted to tin . B David Na with, l.L.I'... of the Middle . . -li-li Public Lav.," -'J o- ME8SRS. I'.i TTERWORTH, 7, FLEET 9TREET, E.C. 16 Ortolan's Roman Law, translated by Prichard & Nasmith. 8vo., 28j. cloth. THE HISTORY of ROMAN LAW,from the Text of Ortolan's Histoire tie la Legislation Romaine et Generalisation dti Droit (Edition of 1870). Translated, with the Author's permission, and Supplemented l>y a Ohronometrical Charl of Human History. By I ui am bT. I'hk sabd, Esq., F.S.S., and David Nasmith, LL.B., Barristers at Law. " We know of no work, which, in our opinion, exhibits so perfet i a model ol wb onght to I"-. <>f the translation before us, it is enough to say, thai it is a faithful representation of the original." — Law Magazine. " I Ins translation, from us great merit, de- ■erves a warm reception from all who di be acquainted with the history and elements of Koman law, or ha\ e us interests as a necessary part of sound li [aleduci al heart. Withre- : 1 1 -I great work it is enough to Bay, that writers have been continually in tlie i doin piecemeal what Messrs. Prichard ind Nasmith have d7<». 'I'm. Si i'im.i.mi \r separatt 'v. prici l>. Bd, tewed. " The best test ofthe value ofa book written dlyfor practical BW I* ,,1C practical tbe number o( editioni through which ■ thatthii well-known work ■ bat it is con- : « ho*e convenience it wai written to fulfil its purpose well."— Law • nt. "Thii is the third edition in ten J • :nt practitioner! have used and ap- the precedents collected by Mr. Rouse. in this edition, which is greatly enlai i the iir»t time introduced Precedents ndine to no less than 1 16 ' ' sw ing the i i In the I fthe two preceding • be wel- on m ill ■ f 1 ■ rlts, we think Utilll) . ' • ■ tuiiK.n OCCUl all. sary to complete the draft. In order still further to simplify the arrangement of the work, the author has adopted a plan (which to u> fully to answer its purp giving the variations winch may OCCUl in any Instrument according 10 the natural order of its different pan mm/. •• That the work has foil | roved by the fact of our now having t" rei lew a third appears to us to he intended with important advanl • ierks and other young aneing under Mr. - eery Instructive, i peclally the countr) practitioner, wl often ti 1. 1 ii'. particul ir dliili ultj t" ti - practitioner, hut upon which tiny ti : to he quite tins'' thmk to iuch gentlemen Mr. H ulati tl to pi treinely serviceable. V ■ untry, will And tins a useful work.**— rs Journal. Phillips's Law of Lunacy. p • - . i - i loth, I III. law ( 0N< ERNING LUNATIC8, 1I>K>ts and PERSON SOI ND mind. By Chablu Palmer Phillips, n\' Lincoln's Inn. Esq., Barrister at Law, and one of the Commit' I ■ • ..n and ihowi a fmuilitnly with tin i « f'ttet. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 17 Bund's Law of Salmon Fisheries, corrected to 1876. Posl 8vo., 16$, i loth. The LAW .•.Lain- to the SALMON FISHERIES ofENGI and WALES, as amended by the Salmon Fishery Act, 1873, incorporating the Bye-laws, Statutes and Cases to November, 1876. I'.; J. W. Willis Bund, M.Aj, LL.B . of Lincoln's Inn, Esq., Barrister at Law, Vice Chair- man Severn Fishery Board. The Supplement, embodying the Legislation, Bye-laws and Cases to November, 1876, may lie had separately. Price I , sewed, " I would w isii iii this place to Bxpri approval of Bund's Law of Salmon Fisheries in England and Wales, with Statute! and I i - work will affoid great aasistanoe to tin In administering i lie law, while it affords valuable Information on the theory and practice of salmon legislation in general."— Prom the Thirteenth Annual Repori oj FntpectorBucktandonSalmon !' " Mr. Willis-Bund, the draughtsman of the new act, ha^ published an important treatise on the whole of the Salmon Fishery Acts, which has already been accepted as a complete exposition of tiio-e statutes." — From the Thirteenth Annual Report of Inspector Walpole on Salmon Fieheriet, 1874, " Doubtless all the law will be found between his covers, and we have not been able to detect any erroneous statements. We can recommend the book asadisquisltion, — it is conscientiously executed." — Law Tin.: .%-. •' Mr. Bund, whose name is so well known to all who take interest in our Salmon fisheries, has lost no time since the passing Of the Act in bringing out his work on salmon fishery law. That the book, so far as England and Wales are concerned, is a very complete and exhaustive one. no one who knows Mr. Bund's clearness and power of application will doubt. Mr. Bund has done the work excellently well, and nothing further in this way can he desired." -The Field. "Thl summary (jives not merely the Salmon Fisher; Act of ] k7.j, but ite of the law as lefl ind un- affected by that act, with statu) arising from them. The whole subject is treated exbaustlvelyi and in a manner most satis- factory." — Standard. "There is happily a good and ample index at the end of the volume. By means of this we have tested the author on various difficult points, and we have always found bis opinion sound, and his explanations clear and lucid. This volume must of necessity become a hind-book to salmon-flshen in genual, and Jly to hoards of eons, rvators, who will thereby be much assisted in the formation of the new boards of conservators, under the Act of 1873; slso the operation of the Acts i and 1865, as amended by the Act of 1873." — Land ami Watt r. " The author of the work before us has done much to supply the shortcomings of i tion. He has brought to the subject not only a comprehensive knowledge of this branch of the law, but a practical acquaintance with its administration, and the result is a book of considerable merit." — Public Opinion. Hamel's Customs Laws, 1876. Just published, post 8?o. 6*.j demy 8yo. 8*. 6d. cloth. THE LAWS OF THE CUSTOMS, consolidated by direction dt' the Lords Commissioners of her Majesty's Treasury. With Practical Notes and References throughout; an Appendix, containing various tutory Provisions incidental to the Customs; the Customs Tariff .'. and a copipus Index. By Felix John Bamel, E . - licitor for Ber Majesty's < lustoms. "Mr. Hamel, Solicitor for Her Majesty's Customs, has produced a very useful 'pocket volume' edition of The Customs Laws and Tariff Act, 1876, for which his official position affords him unique facilities, and which t . be in the bands of all who have an interest in our maritime commerce." — Lav Ma Pebruarj •■ By issuing this handy edition of the Customs Laws Consolidation Act of last ses- sion, Mr. Hamel has conferred a benefit on a very lar^'e class of the public, and has com- pleted tiie work which that act was intended to accomplish. A copious Index is added, referring to the sections of the Consolidation Act. \Ve must add a word of praise of the convenient form of the work, and of the excellent type adopted." — Solicitors' Journal. " The work is in all respects most skilfully executed, and amply deserves public favour." — Irish Laic Times. Rogers's Judicature Acts, 1873 and 1875. One vol.. demy Bvo., 21*. cloth. THE LAW AM) PRACTICE OF THE SUPREME COURT OF JUDICATURE. By Akimti. Roi;i ; -. l.-.|.. of the Inner Temple, Barrister at Law, Author of "The Law of Mines. Minerals and Quarri a- ■G I is LAW WORKS PUBLISHED HY Dixon's Law of Partnership. 1 rot Bvo., 22*. doth. A TREATISE on the LAW of PARTNERSHIP. Bj ii Dixon, of Lineoln'i [no, Esq., Barrister at Law. Editor ol immon Law Practice." • vnv few question! arc " We hi urtl i recommend to prmctil likely 1" come be) lionet which and students Mr. I> * Mr. | I in "f t lie law « <• | r the i opinion "ii the way arrangement Is not only arttitlo, but c ■■ in which the work i-. cairie.L ludled without . lear- forth the principle* upon which v. Inch ' -Law Itsapplii in ore than a digest, which too a done hi* work well. The are not : it is really an ess.. fa***, illj ami usefully i "He has evidentlj bi n tbts j .mill. book the same i labour ami u |i, era into all thi f painstaking industry for which iiiKin law, and ile lines the compliment i OUlhl -mre when irtners among themselves j the reviewing hii of Li ' - ' P rights <>f the partnership against third per- the Superior Courts of I. i re- Inst the suit, he has produced a clearly written and well rship; and I lilies of arranged manual upon one of the moat impor- [ndivl tually partners, but liable tant branches of our mercantile law."— /.mr ns as partners."— Journal. met. Coote's Admiralty Practice. —Second Edition. 8vo., 16*. cloth. THE PRACTICE of the HIGH COURT of ADMIRALTY of ENGLAND: also the Practice of the Judicial Committee of Her Majesty's Moat Honorable Privy Council in Admiralty Appeals, with Forms and Bills of Costs. By Hbney Chahles Cootb, F.S.A., one of the Ex- aminers of the High Courl of Admiralty, Author of "The Practice of the Court <»t Probate," fee. Second Edition, almost entirely re-written, with a Supplement gi\ tag the County ( 'otitis Jurisdiction and Practice in Admiralty, the Act of I s ''.*, llnles, < >.■ I< re, tec. '.'„ r irnri ua I Mr. Justice Lush's Common Law Practice.— Third Edition by Dixon. . . : tii. LUSH'S PR LCTICE of the SUPERIOR COUR1 ESTM [NSTER, in Actions and Proceedings over which thi b common Jurisdiction: with Introductory Treatises re- ting Parti a-; Attornies and Town Agents, their Qualifica- tions, Bights, Duties, Privileges and Disabilities; the Mode of Suing, whether in Person <>r l>y Attorney in Forma Pauperis, &c. fee. fee; and an tabling the authorized Tables of Costs and Fees, Forms of edtagsand Writs of Execution. Third Edition. ByJooBPH Dxxosr, of Lincoln's [nn, Esq., Barrister al Law. MESSRS. HI TTKRWORTH, 7, FLEET STREET, E.C. 19 fflw Brtiforfo's IBxtimhtatton /*tttmtal0. Bedford's Final Guide to Probate and Divorce. Jusi published, Byo., is. cloth. THE FINAL EXAMINATION GUIDE to the LAW of PROBATE and DIVORCE: containing a Digesl of Pinal Examination Questions, with the Answers. By E. II. Bedford, Solicitor, Temple, Author of the " Final Examination Guide to the Practice of the Supreme Court of Judicature," &c, &c. " The examiner! havo added, as extra sub- the examiners. A student who masters this in the * Final,' the Probate and Divorce little work ought to be able to satisfy the Law. Mr. E. H. Bedford, Solicitor, who i taminers, for the question! appear to I to he always auxioui to keen abreast of the hauative, whilst the answers have been cotn- tlde, has prepared a Guide or Manual to assist piled with skill, ami convey a very great deal his pupils and candidates • enerally In the ex- ol An Index to tut h a work, in amination in acquiring due knowledge of these our opinion, is unnecessary, but ll is lupplied kiibjecta. His Guide taki • the favourite form for what it may be worth." .' i of Questions and Answers, and Beemstohave "As our readers are aware, the subjects of carefully and accurately compiled." — Lam Probate and Divorce are now introduced into Journal. the Final Examination as honour subjects. •'.Mr. Bedford, who has compiled Guides on Candidates for honours who desire to d is tin- pretty nearly every subject of importance to guish themselves in these subjects cannot do articled clerks, now supplies a Final Examina- better than procure the book named at the tion Guide to the Law of Probate and Divorce head of this review." — Law Examination —this having been made an extra subject by ./" Bedford's Final Guide to Judicature Acts, 1873-5. 1 vol. 8vo., 7s. 6d. cloth. THE FINAL EXAMINATION GUIDE to the PRACTICE of the SUPREME COURT OF JUDICATURE: containing a Dij of the Final Examination Questions, with many new ones, with Answers under the Supreme Court of Judicature Acts. By Edwaed Benslowe Bedford, Solicitor, Editor of the "Preliminary," "Intermediate," ;md " Final," &c, &c. "Every conceivable question appears to in perusing the Judicature Acts." — Law Ex- have been asked, and a full answer is given amination Journal. in each case. Mr. Bedford really knows better " The varioussections, orders and rules of the than we do what students require, and we acts have been here arranged under their proper have no doubt that his compilation will be and consecutive headings in the form oi ' ques- extcnsively used. It contains a sufficient tion and answer, and the result is a useful and Index."— Zom readable book, which we would recommend "Mr. Bedford's Final Examination Guide students to keep in view." — Irish Law Tl supplies a want which will be much felt by/ "We have in these pages a well arranged students as to what they are to read with refer- and clear digest of the final examination ques- ence to the new practice. The tiuide and Time tions, and many new questions, with answers, Table will be found useful helps to students under the Supreme Court of Judicature \ By the same Author, Fourth Edition, on a Sheet, 1*. A TABLE of the PRINCIPAL STEPS and TIMES in an ACTION UNDER THE SUPREME COURT OF JUDICATURE ACTS. " It will not only prove of service to common clerks In the course of their studies."— Laic law and chancery clerks, but also to articled T Q- By the same Author, on a Sheet, 1*. A TABLE of the LEADING STATUTES for the INTER- MEDIATE and FINAL EXAMINATIONS in Law, Equity and Con- veyancing. Bedford's Intermediate Examination Guide. •J vols, in 1. Svo., 1 Is. u'r/. cloth. The INTERMEDIATE EXAMINATION GUIDE: containing a Digest of the Examination Questions on Common Law. Conveyancing and Equity, with the Answer.-. By Edward Henslowe Bedford, Solicitor, Temple, Editor of the " Preliminary," " Intermediate" and " Final," &c. D 2 •_>,, i \\v w 0RK8 PUB1 [SHED BY Seaborne's Law of Vendors and Purchasers. ■u. \ CONCISE M \M.\I, of i!i l.\W of \ ENDOR8 and PI KCHA9ERS ol REAL PROPERTY, with a Supplement, including the Vendor and Put , 1874, with Notes. ByH i ■ •• I he \.\1>.' N which m«y be useful to »luJcnt» ■ " al - ... . • •' \S e vi 1 do Mr. Se»b ,r;><- ihr juMicr I it will find this licmk ausiful lh.it we believe his work will . difficult lubject."— articled clerki :nal. who have nut llir ■ deal, ei- n lodard worti ail la P»ci» ll latioo aato the cnurte i implied."— Lm» Journal. lolieiton' ■ Aldred's Questions on Property Law. "th. ELEMENTARY QUESTIONS on the LAW of l'i:< >1T.IM Y. REAL and PERSONAL, supplemented by advanced Questions on the Law of Contracts, with co rences throughout By Philip Foster ed, B.i .1... Hertford Co ,0 ford. Clark's Digest of House of Lords Cases. Roj J 8vo., 81*. 6d. cloth. A DIGESTED INDEX to all the REPORTS in the HOUSE of LORDS from the commencement of the Series by Dow, in 1814, to the end of the Eleven Volumes of House of Lords Cases, with references to more ds. By Ch lblbs Clark, Esq., one of Her M ( • - !. Reporter by Appointment to the House of Lords. i noble boped that this Digeat will have the cfl ami :■ whom the a making tin.- i . value quainted with them."— Prqfator) h beyond Iheli official authoritativeneti. It is Barry's Practice of Conveyancing. loth. A TREATISE on the PRACTICE of CONVEYANCE Bj W. Whittaxbb Babby, Esq., pf Lincoln's Inn, Hani- • late Holder ol the Studentship <>i the Inns of Court, and Author of " A on the Statutory Jurisdiction of the Court ofChanct •• We feel boood I "•' f** ttl , . Practice of Convcyem i" t - tsturd I tulboi If \|r. I'.irrv % -inrk \i ■ ■ ■ » ill in. . t v> ' piovel •■int. mil i • ■ ! inn. " A e ibe la likely 10 I I III- I information Hint im ei lent f"rm ol „,„„/. urea l»nje and limn. Barry's Forms in Conveyancing. ■ loth. FORMS A\H PREI EDENTS LN < ONVEYANi LNG i with Introduction and Practical ' B ; tVhittaxbh Babby, "A Treat on the Prs 1 -6 MESSIiS. BUTTERWORTH, 7, FLEET STREET, E.C. 21 Hare on Discovery. - -Second Edition, with Addenda, 1877. Port 8m, 12*. doth. A TREATISE ON THE DISCOVERT OF KYIDKNf E. !'.\ Thomas Bare, of the [nner Temple, Ebcl, Barrister at Law. Becond Edition, adapted to the Procedure m the Sigh Court of Justice, with Addenda containing all the Reported Cases to the «ii< I of 1876, by Sherlock Eare, of the [nner Temple, Esq., Barrister at Law, and of the Midland Circuit. " We have read his work with considerable attention and interest, and we can (peak in terms of cordial praise Of the m. inner in which the new procedure lias been worked into the old material. Nut that the i Id material has bean allowed to remain unimproved. In many instances nece i and amend- ments have been made, evincing a thorough appreciation of the necessities of the i the part of the learned editor. W« OUT] abstain from referring to the details of the book. ' Hare on Discovery ' has lon^ been well known, it must now become betterknown. All the sections and orders of the new legis- lation are referred to In the text, a synopsis of ren, and a good index com- pletea the whole.*'— / " The original work speedily became an au- thority on this subject, and has been for years a recognized text-hook amor.;; the pre I and the courts, and we are pleased to see that the present editor has In no way abated his care In noting up the i ad explaining the present law and practice, so that in all I II Qtial points the present edition is a worthy successor to its predecessor." — frith Late 'J'llll'S. Goldsmith's Equity.— Sixth Edition. Post Svo., lS.s\ cloth. THE DOCTRINE AND PRACTICE OF EQUITY: or a concise Outline of Proceedings in the High Court of Chancery, designed principally for the Use of Students. Sixth Edition, according to the recent Statutes and Orders. By Geo. Goldsmith, Esq., M.A., Barrister- at- Law. " A well-known law student's book, the best, because the most thoroughly complete, yel sim- plified instructor, in the principles and practice of equity that has ever been provided for him ; and that its v.ilne has been recognised by those who have made use of it is proved by this— that their commendations hive carried it to a sixth edition. The principles of equity are as liny were, but the practice has so changed since the publication of the first edition, that every part of this division of the work has required to be rewritten almost as often as a new edition was demanded. 01 course, the size of the book has grown also, and from being, as we remember it, .1 very little book, to be carried in the pocket, it has become a portly volume, and this fairly re- presents its increased merits. Now thai every student aspirins; to the bar is to be examii dmission, good books for instruction in the l.iw will be more tnau ever in nciuest '' — Lam Time*. " It is difficult to know which to praise most, the excellence and dignity of the style, or the ex- hanstiveness of the information furnished to the reader. Mr. Goldsmith's plan corresponds to some extent with that adopted by Mr. Haynes in his excelUnt 'Outlines of Equity,' but his work is more complete than that of Mr. Haynes." iiminatton Journal. " 1 he whole work is elaborated by Mr. Gold- smith with evident care and a determination to deal with all that can come within the scope of the ti.le. It is characterized by couiprehensi . and at the same time concise i.essof diction and attractiveness of style and avoidance of technicalitieswhich might prove embarrassing to the student, aid a close adherence to the pur- pose as expressed in the preface. Mr. Gold* smith's volume is marked by as much originality as well can be found in a work of its kind." — /.<<-. Journal. " Altogether the author's method and hisexe- cution are alike commendable— and we are of opinion that the lawyer, who, as a student, avails himself of the primary intention of .Mr. findiug in it his first ■ re tut i in? lo ok or primer, will afterward- icipation of the author by making of it dilectu juienili or vait mecum in his later prac- tice."— Law Magazine, 2nd notice. Lewis's Introduction to Equity Drafting. Post Svo., 12s. cloth. PRINCIPLES of EQUITY DRAFTING; with an Appendix of Forms. By HtlBEHT Lbwis, B.A., of the Middle Temple, Barrister at Law ; Author of " Principles of Conveyancing," «fcc. Lewis's Introduction to Conveyancing. 8vo., 1 s<. cloth. PRINCIPLES of CONVEYANCING explained and illus- trated by Concise Precedents; with an Appendix on the effect of the Trans- fer of Land Act in modifying and shortening Conveyances. By llr hert Lewis, B.A., late Scholar of Emmanuel College, Cambridge, of the Middle Temple, Barrister at Law. LAW WORKS PUBLISHED HY Locock Webb's Practice of the Court of Judicature. • published. L877. One thick i ith. THE PRA( i t( i. i I tl ■ SI PREME COUR1 of Jl DI( \- II i;i. i , I \ ilir Jurisdiction of the Court ikruptcj .tin' Court ofChanci r of 1 I ty V ol Lancasti r, i mri of the Lord Warden of the Stannaries, ami the Count) Courts; ing to whal i \t. nl Buch jurisdiction i exch ive or i- concurrent with of the Bigh Court of Justice, and the Practice on Appeals from those I By L k \\ ebb, Q.C., of the Middle Temple, Esq. lion, Law, ami Pn practice what may in- called tin- brief essays on the embraced are mod< [r. Webb on tin- fact thai si ume mutt prove a wel- imaker. come ad library of n Witbtheatd nl Militants, the practitioner."— Law I*m«, Feb. 10, 1 i a pith) treat! Ball's Popular Conveyancer. Jusl published, Bto., 10*. <'„/. cloth. THE POPULAR CONVEYANCER, being a comprehensive Theoretical and Practical Exposition of Conveyancing, with Concise l:-. J \-.;i - Ball. i'p I. Introduction.— II. Terms employed to Conveyances.— III. Agreements : Purchase- — IV. General Contracts. — V. I vi Leases.— VII. Mortgages.— VIII. Partnershii tlements.— X. Wi M Mis- XII abstr XIII. Memorials. XIV. Notices.— X^ _\\ i . Htle.— XVII. On Conducting and completin nl B. I ■ \- -i D p [es: instruments required upon Incorporation.— Table of neral Index. ••T; i that Mr. Hall hai I very simpler conveyancing matters transacted iii I We I . the book « and the useful for this purpose, and the dll ted with great care. which theauthor lias annotated hispreot I .. Hi certainl] i con- icing clerk, the trouble of imparting s • • \i ■ in the good d Information to the hands of clerks and students a guide to the articled clerk i* Journal. Ball's Popular Monthly Law Tracts. Nhv, Ready. Price, 6ef. monthly. THE POPULAR MONTHLY LAW TRACTS, commencing for May, " Copyright" Edited hy Jamba Ball. Tudor's Leading Cases on Real Property, &c — 2nd Edit. One thick rol. royal Bvo, 1 '-'.'. cloth ; 48». calf. A SELECTION OF LEADING CASES on the I. AW RELATING to REAL PROPERTY, Conveyancing, and the Construc- tion of Wills and Deeds; with Notes. By Owbk Davibs Tuoob. I of the Middle Temple, Barrister at Law. Author of "A Selection oi Lead- ing Cases in Equity/' Second Edil •• i : . "•>. and ■ .mi. nil ol llir l.iw lls.lt spplicsbls I ■ ■ ■ " I Ills ami iheol ■Mr. I iidur nrr i in thttnti l> • ■ udi m woold Ic Hi- baa bs ■ from doable ilir I eh h ..iih ii ; i . ■ ..|i| )..• lb« N<> ln« library should he with- iselul book."— Lis Jimet. •V Q- MESSRS. IHJTTERWORTH, 7, FLEET STREET, E. ' . 28 Chute's Equity in Relation to Common Law. Po i., '.'.'. cloth. EQUITY DNDEB THE JUDICATURE ACT, OR THE RELATION OF EQ1 ITY TO COMMON LAW: with an Appendix, containing the High Court of Judicature Ah, 1878, and the Schedule <>t Rules. By Chalonbb William Chute, Barrister at Law; Fellowof Magdalen College, Oxford] Lecturer to the Incorporated Law Society of ( in at Britain. "llis manner is eminently philosophical, and proves tin- capacity "I U>e author for the position of a lecturer, while it is just tin- kind id' teaching i>\ which students an- aitrai the light. Students may here congratulate themselves en the possibility of finding, within the limits of two hundii d , "!' the chief doctrines of Equity, set forth briefly, lucidly and completely."— Late Journal. " We may add that his style presents a very agreeable contrast to the general style of law hooks. In conclusion, we would heartily rc- commend this most Instructive and interesting work to the perusal of the student."— Law "The present volume can scarcely fail t" e a standard work on the subject "f which it treats. Mr. Chute lias one special virtue lor which his readers will be thankful — the method and arrangement — which are spe- cially valuable in a book of this kind." — Mora- ai'l Pott. "The book is deserving of praise, both for clearness of exposition and for the interesting way in which modern cases are used to illus- trate the doctrines expounded. As it stands it appears to us to in- a useful guide I ol Equity Jurisprudence, The hook is written io ea > and familiar Ian- ore attractive to the student than many formal tn at " He thinks clearly, writes verj "ell. As a small and meritorious contribution to the history of jurisprudence it deserves to be welcomed." — LaU) 1 " The work is conscientiously done and will he useful to the student at the present junc- ture." " Mr. Chute's book is founded upon li d by him to the students at I Institution. The object of it is to point out Concisely the principles on which the doctrines of Equity depend, and to show the relation of Equity to the Common Law, and the work is a useful one for the class of persons to whom the lectures are delivered." — Alio Tomkins and Jencken's Modern Roman Law. Svo., 1 Is. cloth. COMPENDIUM of the MODERN ROMAN LAW. Founded upon the Treatises of Puchta, Von Yangrrow, Arndts, Franz Mcebler ami the Corpus Juris Civilis. By FREDERICK J. Tomkins, Esq.. M.A., U.C.L., Author of the " Institutes" of Roman Law," Translator or "Gains," &c., and Henry Dikdricii Jknckkn, Esq., Barristers at Law, of Lincoln's Inn. " Mr. Tomkins and Mr. Jencken could not have written such an excellent book as this if they had not devoted many laborious days, probably years, to the study of Roman Law in its entirety, and to research into the laws of continental states, for the purpose of learning what principles of Roman Law are pre in their jurisprudence."— /.nic Times. " To those who think with us that the study of the modern civil law has been too much neglected in the education of solicitors, the ad- mirable hook whose title we have above an- nounced will he indeed invaluable." — Law Examination Journal. Tudor's Law of Charitable Trusts. — Second Edition. Post Svo., ISs. cloth. THE LAW OF CHARITABLE TRUSTS; with the Statutes to the end of Session 1870, the Orders, Regulations and Instructions, issued pursuant thereto ; and a Selection of Schemes. By OWEN Dayisb TtTDOR, Esq., of the Middle Temple, Barrister-at-Law ; Author of" Leading < Equity;" "Real Property and Conveyancing;" &c. Second Edition. " No living writer is more capable than 6- Mr. Tudor of producing such a work : his Leading Cases in Equity, and also on the Law of Real Property, have deservedly earned for him the highest reputation as a learned. careful and judicious text-writer. We have only to add that the index is very carefully compiled." — S .' irnal. "Mi. Tudor's excellent little book on Cha- ritable Trusts. It is in all respects the text- book for the lawyer, as well as a hand-book for reference by trustees and others engaged in the management of charities." — Law Times. -<> •.■• LAW WORKS I'l IU.1-111.D mv Phillimore's Commentaries on International Law. 2nd Ed. loth; "I. .".«. calf. COMMENTARIES on INTERNATIONAL LAW. Br the Rt. Hon. Sik Robi in Phixlimors, Kut., Member of H.M.'i Mosl Hon. ■il. and Jadgeof the 1 1 i urli Court of Admiralty of England. i ■ it fa. ■ Ithoi of tin- ' !icn»ive and I :> International Law ' thai England ha* prodoi e authority of this work m admitted] im to many . and the learning and al rho, a> publli ■ i! by in- law both nent of and In the I With thin irily imperfect sketch we must conclude our notice of tin- tir>t volume Of a «"rk which an important contribution to the lltera- rpubliclaw. The book U of great utility, nnd one which should find a place in the library I " We cordlallj • bh edition of . work i ii.it ■ itudied in, and which is ol con- Mant u liter and itateaman. It will not be out of place to Further remark, that th .■client, the table of contents, the list of authorities are complete, and, therefon singu- larly handy for reference. Altogether this to the zeal, industry and ability of Sir H. l'hillimorc. It will not only >-, but also In the United - and it cannot fail to smooth the way fur the !i international understanding i a that the true mi n countries so ardent:. mat, " It j of mat- donal law that we • lations of tin- text itself as a h this journal • Author d ly know n< fylng to the ■ • ■ dustry. lla\ Ing read the ■ SUCh a ■ I Underbill's Law of Torts or Wrongs. p M.MAI.'V OF THE l. .\\\ OF TORTS OR WRONGS INDENT "l CONTRACT, for the dm of Student* and P ik I mpi.uiuu , b \.. • t Lincolo'i I nil. Esq., Barrister i ■ " He haa set forth! ihe law with and sccarsi v. I hr Imlr «. " I t < - n the law of ■ who . KM- aii'i li. i and public writers, find it international law. It i< In itself a welld-. ■ law s." / i •' We have within u shirt | • e important work of which the fourth \ • e have more than once rl ind profound research which the II author has brought to hear upon the subject, but this last volutin pi the I lucid, and, in addition to uieiits, K deals With I international Jurisprudence which real interest, . private international law or ( -uc of a second edition p has attained a position of authority nnd is favourably received by international Jurists. We have no grounds for Impugning its accu- ind as a compilation it must receive our acknowledgment that it is able and learned." — /.air i "The second edition of Sir Robert Thilli- more's Commentaries contains a considerable amount of valuable additional matter, bearing pecially on questions of international law raised bj the ".us and com roken out in the world since the publi- of the lirst i ditii n. n ■•■• . at some length, the J princl| Us and execution of this nn- portant work, we now i i online ourselTea to n, on which Sir Robert Phlllimore may jUSlly be regarded as tlie latest author as the i hamplon of the principles of maritime law, which, down to B recent ; nod by tin maritu bllshed « iti i IMil.l'l titionera. mi:ssi:s. in ttkrwortii, 7, I'i.kkt stki;i;t, k.c. 2o Christie's Crabb's Conveyancing. — Fifth Edit, by Shelf brd. Two vols, royal 8vo., 3/. cloth ; 'il. 1 •_',«. rail". CRABB'S COMPLETE SERIES of PRECEDENTS in CONVEYANCING and of COMMON and COMMERCIAL PORMS in Alphabetical Order, adapted to the Present State of the Law and the Practice of Conveyancing ; witli copious Prefaces, Observations and Notes un the several Den]-. Bj J. T. Chbistxk, Esq., Barrister-at-Law. The Fifth Edition, with numerous Corrections and Additions, by Lsokabd Shki.i hh n, Esq.j lit' the .Middle Temple, Barrister at Law. *,* This Work, which embraces both the Principles and Pro *, contains HkcwiM mmerciai Put General Table of Heads of Prefaces and Forms. Abstracts. — Accounts. — Acknowledgment!. — Acquittances. — Admittances. — A Hi dav its, Aflir- matloni nr Declarations. — Agreements: to relinquish B G trantee: tor a Lease: before Marriage: fur a Partition: between Principal and Agent: fur the Sale and Purchase of Estates: for Sale of Copyhold Estates: for Sale of Leaseholds: for an Advowson. — Annuity: secured on Copyholds. — Annuities: Asslgments of. — Appoint- ments: of Guardians. — Apportionment. — Apprenticeship : to the Sea Service: to an Attorney : Assignment Of. — Arbitration : Award. — Assignments: Bonds: Leases: Patents: Pews : Policies of Insurance : Reversionary Interests. — Attestations. — Attornments. — Auctions: Particulars of Sale. — Bargains and Sales: of Timber. — Bills of Sale of I — Iionds : Administration: Receiver pending Suit: Post Obit: Stamps on. — Certificates. — Composition : Conveyances in Trust for Creditors. — Conditions: of Sale. — Confirmations. — Consents. — Copartnership: Dissolution of Copartnership. — Covenants: Stamps i Production of Title Deeds.— Declarations.— Deeds: I. Nature of Deeds in General: II. Requisites of a Deed: III. Formal part- of Deeds: IV. Wi.ru- a D issary or otherwise: V. Construction of Deeds: VI. Avoiding of Deeds: VII. Proof of Denis: VIII. Admission of Parol Evidence as to Deeds: IX. P I Deeds: X. Stamp Duty on Deeds. — Defeasances.— Demises — Deputation. — Disclaimers. — Disentailin — Distress : Notices of. — Dower. — Enfranchisements.— Exchanges — Feoffments.— Further Charges. — Gifts.— Grants.— Grants of Way or Road. — Indemnities. — Leases : I. Nature Leases in General: II. Requisites to I III. Parts of a Lease: IV. Incidents to a Lease : V. Stamps on Leases. — Letters of Credit. — Licences. — Mortgages : of Copyholds : of Leaseholds: Transfer ol: Stamp Duty on. — Notes, Orders, Warrant-, tc— Ni tices : to Quit. — Partition.— Powers : of Attorney. — Presentation.— Purchase I> yance of Copyholds: Assignments of Leaseholds: Stamps on. — Recitals.— Relea yances : or Discharges.— Renunciations or Disclaimers.— Resignations. — Revocations. — Se] — Settlements: Stamp Duty on.- Shipping : Hills of Lading: Bills of Sale: Bottomry and Respondentia Bonds: Charter Parties. — Surrenders. — Wills: I. Dclinrion of Will and Codicil : 2. To what Wills the Act 7 Will. 4 >V 1 Viet. c. 26 does not apply : .(. What may be disposed Of by Will : 4. Of the capacity of Persons to make Wilis : 5. A ho maj not be Devisees ; 6. Execution of Wills : 7. Publication of Willi stion of Wills : 0. Lapse of Devises and Bequests : 10, Provisions and Clauses in Wills: 11. Construction of Wills. From the Law Times. the experienced draftsman. Mr. She) ford has " The preparation of it could not have been con- proved himsell in tins task to be not fided to more aide hands than those of Mr. Mud- bis former reputation. I o those familiar with his lord. the veteran authority on real property law. other works it will be a sufficient recommendation \\ ith the industry that distinguishes him he 1ms ol this." done ample justice to Us task. In carefulness we have in him a second ('raid', in erudition Crabb's From the Law Magazine and Iteriew. sii|>erior ; and the result is a work of which the " I this important part of his duty— the remo- Original author would have been proud, could it delling and perfecting of thi , »nh h i% e appeared under bis own auspices. It is not the examination « hich we ha- e already been aide a book to he <|in led, nor indeed could its merits be lo afford this work, we are able lo affirm, that the exhibited by quotation. It is essentially a hook ol learned editor has been eminei tlv success! ul and practice, which can only be described in rudeout- effected valuable improvements." line and dismissed with applause, and a recom- mendation ol it to the nonce of tli From the Law Chronicle. service it has been so laboriously compiled." " It possessesonc distinctive feature in devoting more attention than usual in such works to forms tram the Solicitors Journal. of a commercial nalure V, e are satisfied from " The collection of precedents contained in these an examination of the present with the immediately two volumes are all that could be desired. I hey preceding edition that M r. Miel lord has very coii- are particularly well adapted for Solicitors, being aiderably improved the character of the work, of a really practical character. I hey are more- both in the prefaces and in I q ihe' over free from the useless repetitions of common whole the twot : ts, as that so much increase the bulk am :ued by Mr. Leonard Shelford. will be I of somecollectionsthat we Could name. We know extremely useful in a solicitor's office, presenting not of any collection is a large amount of real property learning, that would make it so possible for a tyro to put very numerous precedents : indeed we knnw'of no together a presentable draft at an exigency, or book SO justly entitled tothe appellation of ' handy' which arc more handy in every respect, even for as the fifth edition ot Precedents." LAW WORKS n BLISHED IlV Moscly's Articled Clerks' Handy-Book. 2mo.i 7 L PRACTICAL HAN DY-BOOKof I'.l.l.M BNTARY LAW, e use of Articled Clerks, with a Course of Study ""'I llint> on iug for the Intermediate and Final Examinations. Bj M. 8. Moult, lifford'a Inn Prizeman, M.'l'. 1867. Rouse's Copyhold Manual— Third Edition. 12ma, 10«. 64. cloth. THE COPYHOLD ENFRANCHISEMENT MANUAL, riving the Law, Practice and Forms in Enfranchisements at Common Law and under Statute, and in Commutations; with the Valuesof Enfranchise- ments from the Lord's various Rights: the Principles of Calculation being clearly explained, and made practical by numerous Rules, Tables and Examples. Also all the Copyhold Acts, and Beveral ether Statute- and -.' Third Edition. By Rolls Rousb, Esq., of the Middle Temple, Barrister at Law, Author of '• The Practical Conveyancer," fee. •• This new edition follow* the plan of it* pre- world will greet with pleasant nav and lev .1 division : I nolo nuul lition ol that work i> before as. ,,„„, tut..: k workof a^e*t practical '*alae. suitable to li 11,,. M consideration en. We can r.com in all il» Hrt.nl.. with Roll mend this volume to thi r. the steward pies. t. Forma, 8. I'he Statutes, with botes. Of and thi e can only repeat what we nave aaid before, " Now, however, that copyhold tenures are re to the being frequently convened 11.10 fn ■inner nil the materials required by him to House s treatise will doul.ti. - live ,.t ld.whe- very eitensive benefit; for it seems tous to nave mpulsory "—l.a.- limit, been very carefully prepared, exceeaii •• \\ hi-n we consider wliut favor .Mr. I imposed ami written, :mial. Shelford's Succession, Probate and Legacy Duties. Second Edition. 1 2mo., 1 < »i - cloth. TH E L WV relating to the PROBATE, LEG \ I ••i)., r ..I Ins os to be the ben and in this .i.jr.'i. - '- Lara .w««i«i. Davis's Law of Registration and Elections. i I mall I'.'mii. vol . M \\i \ I, OF THE LAW AND PRACTICE OF ELEC- TIONS AND KEGISTRA1 ION. Comprising sill the Statutes, with N and Introduction, and a Supplement containing the Cases on Appeal down relating to Election Petitions, and a complete Index Esq., B irri u r al Law, denes in the Count] Courts," ( TlIE S rri'i.i.Mi.M may MESSRS. BUTTERWOBTH, 7, PLEET STREET, B.C. W Kelly's Conveyancing Draftsman. IV I 370., 6*. el' '111. 'nil', DRAFTSMAN: containing a Collection of Concisi I dentfl iiinl Pornu in Conveyancing; with Introductory Observations an«l Practical Notes. By .'ami- IIi:.miv Ki.i.i.v. " rhis is a thoroughly practical book, designed book are. generally spending, of ii • for the solicitor and the stadi DC. Mr. Kelly bai empl in ii bj the »uthori design, \\ ?. have nh'lulv conceived On- duties ol ■* conveyancer; been favourably impressed with a perusal of se- .mi.i bis short Inn ecommendalions vera! of the precedents in this bool should be attentively considered by .ill wh < are tioners who have already adopted forms of their anxious to become safe draftsmen. The sulhor own will probably find it ad 1 i uder e. icli heading) confining them with those given by Mr. Iv himself to such sa are likely to be "I t\ eryday use "t prei i ■: i>rac- iii the office, ['his volume ought to be popular, t ions."- Setit itors' Journal. as Ii combines law ami practice."- /-<'•■ limes. " Sui i con " Mr. Kellj gives few precedents teined in the work ire sccurate."— La* Journal. 1 1 ins u Inch are most com- " It contains matter not found in the more sm- ihonIy required in a solicitor's office, am] for bitious works on conveyancing, and which precedents are no) always to l»- met with think that the student « ill find il s useful supple- In the ordinary books on conveyancing; I he i.i . merit to his readiug on the subject of convey- is a good one, and the precedents Contained in the ancing." — £00 Examination Journal. Brabrook's Co-operative and Provident Societies. 12mo., 6s. clotli. THE LAW relating to INDUSTRIAL and PROVIDENT SOCIETIES, including the Winding-tip Clauses, with 11 Practical Intro- duction. Notes, and Model Rules, to which are added the Law of France on the same subject, and Remarks on Trades Unions. By Edwabd W. BRAnnooK, F.S.A., of Lincoln's Inn, Esq., Barrister at Law, Assistant Registrar of Friendly Societies in England. Woolrych's Law of Sewers. — Third Edition. A TREATISE of the LAW of SEWERS, including the DRAINAGE ACTS. ]{y HUMPHRY W. WoOLRYCH, Serjeant at Law. Third Edition, with considerable Additions and Alterations. " Two editions of it have been speedily ex- no work filling the same place has been added hnustcd, Uld a third called fur. The author to the literatureof the Profession. Itisawork is an accepted authority on all subjects of this of no slight labour to digest and arrange this class."— Low Times. mass of legislation; this task, however, Mr. •■ This is a third and greatly enlarged edition Serjeant Woolrych has undertaken, and an of a book which has already obtained an esta- examination of his book will, we think, con- blished reputation as the most complete dis- vince the most exacting that he lias fully cussion of the subject adapted to modern succeeded. No one should attempt to meddle times. Since the treatise of Mr. Serjeant with the Law of Sewers without its help." — Callis in the early part of the 17th century, Solicitors' Journal. Grant's Law of Corporations in General. Royal 8vo., 26*. boards. A PRACTICAL TREATISE on the LAW of CORPORA- TIONS in GENERAL, as well Aggregate as 9ole; including .Municipal Corporations; Railway, Banking, Canal, and other Joint-Stock and Trading Bodies; Dean and Chapters; Universities; Colleges; Schools; Hospitals; with quasi Corporations aggregate, as Guardians of the Poor, Church- wardens, Churchwardens and < Iverseers, etc. : and also Corporate Bishops, Deans, Canons, Archdeacons, Parsons, etc. By James Gi Esq., of the .Middle Temple, Barrister at Law. J. Chitty, jun's. Precedents in Pleading.— Third Edition. Complete in 1 \ ol. 1 8*. cloth. J. CHITTY, Jun's. PRECEDENTS in PLEADING; with copious Notes on Practice. Pleading and Evidence. Third Edition. By the late Tomfson Chitty, Esq., and by Leofbig Temple, R. G. Williams, and Charles Jefpert, Esquires, Barristers at Law. (Part -2 may, for the present, be had separately, price 18s. clotli, to complete sets.) b LAW \\ 0RK8 PUBLISHED n V Scriven's Law of Copyholds.- 5th Edit, by Stalman. ; . ilf. \ TREATISE <»\ COPYHOLD, CUSTOMARY FREE- HOLD and ANCIENT DEMESNE TENURE, with the Jurisdiction of ta Baron and Courts Leet Bj Johh Scrivbk, Seijeanl at Law. Fifth Edition, containing referencea to Case*, and Statutes to 1867. Bj Ilisin mai.mvn, of the Inner Temple, Esq., Barrister at Law. half a crnturv lnin Dot only ■ jtnndir.l work bold' ialiog vn'h it tin- nun i.l !".( mil- liable authority, anil in il> d P*S** ''"■ Preaeut generation baa Itaroad all thai ■ i'ut the on | It known hi copyhold ami ■ I a commutation of thr tenure Inr All thai 10 lay is, that in lb of a tithe tent edition of Scrivao no t,'op\huMs Mr • i by the legialature, man baa omitted what retain, • *sioihe and inaerted whai it waa neceeaery to add. inuu. Until COPyboldl have disappeared ulterly. it it " It would be wholly superfluous to offer one at leaat certain that Si riven on t opybolda by i the general body of the .stalman will hold undisputed sway in the pru- 1 Dpyholda has for exactly fession."— Imv Journal. Shelford's Law of Railways. — Fourth Edition by Glen. In '_' thick TC-ls. nival 8vo., 63s. cloth ; ~~>s. calf. SHELFORD'S LAW of RAILWAYS; containing the whole nt' the Statute Law for the Regulation of Railways in England, Scotland and Ireland: with copious Notes of Decided Cases npon the Statutes, In- troduction to tin; Law of Railways, and Appendix of Official Documents. Fourth Edition. By William Cunnihohaw Glut, Barrister at Law, Author of the "Law of Highways," "Law of Public Health and Local Gov* rnm< nt," &c ntkt Law M *.. */i *. i . railway law. Sinoe the yi " 1! opportunity of unceaaingly engaged m collecting materials, and .,i this though for the printer lor .■■toilr. hoi time, and has delayed the e| sak in the thi ii judgment anil abil i d lull id attention ■ reputation which Mr. Olen haa '• think . proves bia labour haa been in vain. At amnairur may linlurt to pitiittl thai Mr. ( unnmtkam C f.litioii .1 .1/ -..ill St thi Maw i daid :■ • i i •'! mn da]/ "> that dtpaitmtnt >l lau ." '■<«• Manual of thi Hot frawKae JvsTIC! 01 nu l»«i lamined, •• i . ir |„. it i r ,,i„ u*n> under* .ilueMr..s|irlford"s ■ I no channel from **l.uh In forma- nevertheless be permitted I u «-*«/ ■ '•, Mr. /,,,,,',,,,, i ., .taitU- »ff..,1 ..l,d UaiHlil,. Millu II . i rorthy of the idea which ap- ,,. ;i ,, ,,,,, „|,,, pears to i littlr ilnnl. t thai the I redil ol ii. ham i.' I » ** i i vis. will be t-Trntl* increased by Mr. Olen'a ioatro. •• \; : ill ii ■ ,■■< only « ill i • .1 it* repmation by In* *n. u rially to it." I I, in thr BO I I. I ; N * I.. "»°r ol •• ii,,. practitioner will llected ■ "' the ioki 'Inr all tbi him in ■ iav «n*r ilir 1 twyer « bo ■ S in. - »• .I ' 1 1 tin n has hi >ii .ii.*- II con- ball r.t ion i* eijnallv exhaustive in I ■ 9- MKSSRS. BUTTBRWOBTH, 7, FLEET STREET, E.C. 29 Crump's Marine Insurance and General Average. Royal 8vo., 21*. cl itb. THE PRINCIPLES of the LAW RELATING to MARINE INSURANCE and GENERAL AVERAGE in England and America, with occasional references to French and German Law. !;■. Frederic Octavius Cri mp, of the Middle Temple, Esq., Barrister at Law. "This li decide . i .. We guide the practitioner to the relic el ways welcome cordlallj an) genuine effort to strike out a ne« line of le al exposition, not merely because suoh effort may mi re u illy teacli law, but because it may exhibit a better method than we now pi of expressing law. The author does no! ven- ture to use the term 'codification' in speaking of the design ol this book. He is content If i In advance towards simplification, and so much merit we have no hesitation in awarding to him. From the extracts we have made it Is manifest that the author has followed the fashion neitherof the ordinary text book nor the plan of a di . but that he bus developed a method nearly approaching to ' codification.' We have been at pains to search the book for many of the most recent eases In marine insurance, and although some of them are exactly of a character to puzzle and embarrass a codifier, Mr. Crump has dealt successfully with them. We think we may fairly congratulate the author upon the production ol a work original in design, excellent in arrangement, and as complete as could fairly be expected." — Law Journal. •• Alphabetically arranged this work contains a number of the guiding principles in the Judge-made law on this subject, which h Into such a tangle of precedents that a much iii'ul digest than that under the above title would have been welcome to students as well as merchants. Mr. ('rump has made a very commendable effort at brevity and clear- irnitt. •plan of tile work differs materially, and, we tbmk, advantageously, from the ordinary nk. We have examined several of -Mr. Crump's propositions in order to test him on these points, and the result is decidedly in his favour. We have no hesitation in com- mending the plan of Mr. Crump's book; its use in actual practice must, of course, be the ultimate gauge of its accural y and complete- ness; but from the tests that we have applied We have little doubt that it will stand the ordeal satisfactorily." — Athena urn. " His design is to compile a digested sum- mary of rules, tersely expressed and easy of d thou li SUCb a w ,.rk can never ■ le treatises like those of Arnould, Phillips, or Duer, be has produced what will be a very useful manual of reference and will will find the principles mi The work, w huh must have i . labour, appears to us to have CUted with fulness, accuracy and fidelity, and its value is much increased by n i'iii> to English and Ami rl ns and text-writers, but to the French and law cm the 'i [ n g ,| le narrow compass within which it I we have been surprlsi d to find li iw complete ami COI to be; and if further experience should justify tin- i I to as ■ . iisal of it Induces us to form, Mr. Crump will not be disappointed in his hope that he 1 I ' a step in advance towards simplification— not to use th codification— of thelaw.*" — Solicitor*' Journal. "There are many portions of it well ar- ranged, and where the law is carefully and accurately stated." — Law Magazine. " We rejoice at the publication of the book at the head of this notice. Mr. Crun | bold man. for he has positively made an inno- vation. Instead of a ponderous tome, replete with obsolete law, useless authority antiquated quotations, we have a I clearly-written ami veil-printed boo',.. lngly containing the whole law on the subject, in the shape of a digest of decided cases, in the very words of the Judges, and leaving nothing doubtful and misleading to beguile ader. Mr. Crump's bun',; seems very perfect, and is certainly very clear in its ar- rangement and complete in its details, con- scientiously {join;: into the most minute points and omitting nothing of importance."— Irish Law T. " The subject-matter of the book in every instance is printed in large type, and the clauses followed by smaller letters of refer- ence. This makes the work convenient for consultation, and the law casts being appended to every paragraph with quotations from the laws of foreign countries, its conciseness in the mode of explanation tends to render the author's reas ninga intelligible more readily than they would otherwise have been if over- laid by laborious dissertations upon the and effects of decisions on disputed points. Mr. Cnm.il, we may observe, in this tl of the law of Average and Insurance, has supplied a ready armoury of reference." Shipping and ." Baylis's Law of Domestic Servants. — By Monckton. It, cloth. THE RIGHTS, DUTIES and RELATIONS of DOMESTIC SERVANTS and their MASTERS AND MISTRESSES. Withashort Account of the Servants' Institutions, ecc and their advantages. By T. Henry Batiis, MA., of Brasenose College, Oxford, Bairi-ti r at Law ot the Inner Temple. Fourth Edition, with considerable Additions, by Edward P. Monckton. Esq., B.A., of Trinity College, Cambridge, Barrister at Law of the Inner Temple. " An excellent manual of the subject of which compass the law on the important subject to it treats."— In:, limes. which it rehtes. Ibis volume will be found a " 1 his little work thoroughly deserves the convenient handbook to the leading authorities success it has gained. It contains in a small on the sti \-na/. :]<) law works rrnusiir.n hy maqitttrial zuor\%# tin /«r. G. it. Wit ■i in: i.' nu) m .won >F LOS DOS ). Oke's Magisterial Synopsis ; a Practical Guide for . their Clerks, Solicitors, and Constables; comprising Summary Convictions and Indictable Offences, with their Penalties, Punishments, i iv. \c. (il/)/ cast u lurs rui or ma:. the work, or t nature ■ thai his t.^k ha- in i a at all limited to the mere lending to the new edition imperatively requi ihauStion of the foi since I S72. and having I - from small ; and, I i ve, the pru- to imp ill condition Of the community derive then the lummarj taken mid all ii be found, lollcltors," — Law . ! th, 1876. MESSRS. U UTTER WORTH, 7, FLEET STREET, B.C. SI ffiX. (DUf'S /HnoiStfVial ®2ft0dW— continued. probably, is In mow ate In tl ; , ui i ike's Pormulist. That it should be reliable and cor recent en- actment! is or the very in-t Importani •electing Mr. Saunderi to follow in the steps cii Mr. Oka the publisher* exercised wise dls- i rratulate both author :iikI publishers upon the complete and vi i lent manner In which this edition lias been prepared and is now presented to the profee- . l/arcfi Uh, l s 7i;. "In noticing the nllh ( no longer us, able and willing to give to the legal new i dltions of tl. which are likely to preserve their reputation as long as the law which they teach lasts. Tl Ing anew the Formuli it has fallen upon t: and industry ought to furnish a guarantee that in liis hands a work of so much value and Celebrity Will not lose any of its former attributes. There is not a member of this nm>t important and intelligent class of men (magistrates' clerks) who has not learned to look upon Oke's Formalist BS a trusty friend and safe guide in the moment of need, and who will not welcome an edition which embraces the novel matter required ih legislation. When we find that 900 pages are occupied with these forms, and that the index alone consists of loo pages, we can form some idea of the task which Mr. Saunders has undertaken, the performance of which ought to add to his repute. Mr. Saunders has compiled a new table of statutes connected with the forms, an addition which Will cer- tainly be found useful." — /..< V tl nal, March ita, 187(1. "This well known work stands no longer in any need of introduction or recommen- dation; it U not so much tin- as the necessity ol In 01 ndacl or advise tin conduct of a , Ithough all will Join with the present editor in lamenting li: public can no longer command t the accurate and e ■• . to think that they will suffer through the duty of re-editing this \ i 1 in of lorms having devolved upon Mr. Saunders, who seems to have perform task with the care and accuracy which he has tpect from him. His labour • one, for, as he point li gislation has not only added to the already wide Held of magisterial dutl has also, by the process of consoli lation, a< well as by considerable substantive altei varied the necessary forma. These changes ly followed, and the work, which was last edited in 1868, may now be relied upon as a sale and complete guide in the matter it relates to." — Solicitor* Journal, I 376. "The last edition of this very useful work was published in Is is, since which time, in addition to numerous amending and consoli- dating acts bearing upon magistrates' law, other important statutes have come into effect. New forms, applicable to these and otlb have been prepared with much care by the d editor of the present edition (Mr. Saunders), while those which have become inapplicable have been eliminated. B the table of contents, a table of statutes, connected with the forms, has been added, and an unusually copious index leaves nothing to be desired by those who have to administer the branch of the law to which Oke's Magis- terial Pormulist relates." — Lav Ma August, 187G. Oke's Handy Book of the Game Laws; containing the win i]c Law as to Game, Licences and ( lertificates, (inn Licenci -. I' aching Prevention, Trespass, Rabbits, Deer, Dogs, Birds and Poisoned Grain, Sea Birds, Wild Birds and Wild Fowl, and the Rating of Game throughout the Unitcil Kingdom. Systematically arranged, with the Acts. Decisions, Notes and Forms. Third Edition. By J. W. Willis Bund, M.A.. LL.B., t' the Severn Fishery Board, ami author of "The Law relating to Salmon Fisheries in England and Wales," &c, &c. l'">t 8vo., 14s. cloth. • The t.^k of bringing out a third edlti n with the Game Laws, of the greatest practical has fallen upon Mr. Hand. Several important statutes bearing upon the subject have been and many important dl - Cisions given by the courts. With these the author has dealt in a careful and complete manner, and on the whole be Beeps to have succeeded in maintaining the just reputation of the work."— /.air Jownal. " Mr. Willis Bund has edited a third edition of ' Oke's Game Laws.' The changes in the law by statute and the reported cases to the end Of 1876 are duly noted. Notwithstanding Mr. Hund's modest estimate of his labour, we think he sustains the reputation of the author." i till, .%'. " The present publication has, we are happy to say. fallen into the able hands of Mr. Willis Bund. In conclusion, we may observe that the present edition of the above work will be found by legal men or others who require any reliable information on any subject connected utility, and that landed proprietors, fa and sportsmen will find Oke's (lame Laws an invaluable addition to their libraries, and an easy means of enlightening themselves on a subject which closely affects them."— Land and li ■• Mr. Hund's digest of the new laws passed since the death of Mr. Oke is admirable. The editor in the present instance deserves un- qualified praiie, for, by way of assisting the reader, there is the contents table showing the particular matters dealt with under each separate chapter, an alphabetical iist of cases cited with the page in which they may be found, a table of statutes referred to with their pages, and a most comprehensive index." — r II, raid. •'Under the competent care of Mr. Bund Messrs. Butterworth have issued a third editiou of Oke's excellent handy-book upon [Continued over leaf. -o ! LW WORKS PUBLISHED BY -o jHl. $fte*0 jUnrji'NtiTial JlSlorfeSJ - tunely luppll out ■ hand) [r, Okc wai the author." Oke's Laws as to Licensing" Inns, 1874, &c. &c. ; con- taining tlif Licensing Acts, 1872 and 1874, and the other Acs in force as Beer-houses, Wine and Refreshment-houses, Slm|», fcc., where Intoxicating Liquors arc Bold, and Billiard and Occasional Licences. Systematically arranged, with Explanatory Notes, the authorized Forms of Licences, Tables On ces, Index, &c. Second Edition, by W. C. G Esq., Barrister at Lav.. Post8vo. LOd. cloth. 1 Mr. Olen hat done hit work well, Behaa which can by poatibllity be required, sad the made the book of 1872 available as a i i e in is: i. it li very fortune! - .1 well indei i to." — rnal. •■ Mr. Oke hai brought out by far tl edition of the act, or perhapi we thou] treatise on it. Everything eppean to i li.rins arc abum •• The book « ill no doubt at once take iu ■ • i do with licensing law. The tabic of offence* li especially valuable." Journal. Oke's Law of Turnpike Roads ; comprising: the whole of the Genera] Acts now in force, including those of 1861 : the Acts i of Trusts, for facilitating Arrangements with their Creditors, as to the interference by Railways with Roads, their non-repair, and enforcing contri- butions from Parishes, &c, practically arranged. With Cases, copious Notes, ail the necessary Forms, and an elaborate Index, Sec By (ikokge C. <)kk. Second Edition. 12mo. 18«. cloth. Coombs' Manual of Solicitors' Bookkeeping. B»o., in . Sd. cloth. \ M , • : \l. ol SOLICITORS' BOOKKEEPING : com- prising Practical Exemplifications of a Concise and Simple Plan of D tuble Entry, with Forms of Account and other Books relating to Bills, Cash, showing their Operation, giring Instructions for Keeping, Posting and nciug them, and Directions for Drawing Costs, adapted to a large or small, sole or partnership business. By W. B. Coombs, Law Accountant and ( tasts J draftsman. • ,• Tht various locount bribed in the above System, the forms of which are copyright, may be had from the Publishers at the p ■ 7 /;/ tin work, page 27 1. " It 'nirtloni for I it a vmnii- ] • n « ill lianil* of the ■ ■•■ skill andabllltiei, with appllcn- dinar) clroumttani and I.. • ; hit endeavour to dlvi I I and ilmple, without being • urnal " Tola i< ic ■ the in ■ '■. thai : clerk, now thai intent ttloni embrace bookkeeping, »ill be read » Ith profit If, it may !><■ fairly laid tO eihaUtl 1 1 1 «- subject of wliicb It ttcatt."— Solictlort' Join -6 MESSRS. BUTTERWORTH, 7, FLEET STREET, B.C. 88 Grant's Bankers and Banking Companies. — Third Edit. Continued to 187G. By R. A. Fisher. 8vo.j 28*. cloth, 33*. calf. GRANT'S TREATISE ON THE PAW RELATING TO BANKERS AND BANKING C9MPANIES. Third Edition. With an Appendix, containing the Statutes in force, and Supplement, to 1870. llv 1{. A. Fisher, Esq., Jndge of County Courts. " Eight years sufficed to exhau , that they will Id no re- edition df this valuable and standard «ork, spect be disappointed; obsolete and lmma< «' need nnly now notice the Improvements matter has been eliminated! and the pi which have been made. We have once more edition presents the existing Ian of bankers looked through the work, and recognize in it and banking companies as it at present exl the sterling merits which bave acquired for it — Justice oj the i h position which it holds in standard "It is eight Mr. Fisher published legal literature. Mr. Fisher has annotated all the second edition of this pi . tnd.it the recent cases." — /."«• Times. ippears again re-i diti d I > : " Prior to the publication of Mr. Grant's Its steadysale shows that the public for whom «ork on this subject, no treatise containing it is written have recognized the kindness thai the required information existed ; and, since was meant them, and maki tborafe lis appearance, such important alterations re- recommendation superfluous. We mu I specting banks and bankers have been intro- however, that the additions to the work, and duced, that the work needed in many parts the alterations in it which Mr. I entire reconstruction and arrangement. The made, are, as far as we can judge, real lin- last two editions have been entrusted to the provements, and that he has not failed to follow care of the gentleman whose name is attached out the recent cases. The book used with care to the work. Mr. Fisher's name is in itself will no doubt be of great practical sen a guarantee that his duties of editor have been banker? and their legal advisers."— Solicitors' BDly and conscientiously perforil ed. In this Journal. respect we can assure those interested in the Hertslet's Commercial Treaties. 1l' vols., 8vo., III. 16*. boards. ^ HERTSLET'S TREATIES of Commerce, Navigation, Slave Trade, Post Office Communications, Copyright, Sec., at present subsisting between Great Britain and Foreign Powers. Compiled from Authentic Documents by Edward IIkhtslet, Esq., C.B., Librarian and Keeper of the Papers of the Foreign Office. *»* Vol. 1, price lL'.s-.; Vol. 2, price \2s.', Vol. '■'>, price 1 S.v. ; Vol. ■!, price K. : Vol. 5, price 208.; Vol. 6, price 25s.; Vol. 7 , price 30«.j Vol. 8, pHct 30*.; Vol. 9, price 80s.; Vol. L0, price 30*. 5 Vol. ll,prioe 30*.; Vol. 12, price 40*. ; may be had separately to complete gets. Vol. 12 include* an //nice of Subjects to the TmeVce published Volumes, which Index is also sold separately, price 10*. cloth. Hertslet's Treaties on Trade and Tariffs. In royal Bvo. TREATIES and TARIFFS regulating the Trade between Great Britain and Foreign Nations, and Extracts of the Treaties between Foreign Powers, containing •• Most Favoured Nation 1 ' Clauses applicable to Great Britain in force on the 1st January, 1875. By Edwabd Hertslet, Esq., C.B., Librarian and Keeper of the Papers of the Foreign oiiice. Part I.— Austria, Is. 6d cloth. Part 11.— Turkey, 15*. cloth. Part [II.— Italy, 15*. cloth. "This is one of a scries of valuable works our commercial relations with Turk bearing on the trade of England and foreign Standtiri. nations, the present instalment dealing with Wills on Circumstantial Evidence.— Fourth Edition. Svo., 10s. cloth. AN ESSAY on the PRINCIPLES of CIRCUMSTANTIAL EVIDENCE. Illustrated by numerou- I - -. By the late William Wills, Esq. Fourth Edition, edited by his Son, ALFRED Wills, Esq., Barrister at Law. O- I \\\ \\ 0RK8 l'i BLISHED H V Fulton's Manual of Constitutional History. r - . , '•./. cloth. A MANUAL OF CONSTITUTIONAL HISTORY, founded upon the Works of Elallam, Creasy, Ma) and Broom, comprising all the fundamental principles and the leading cases in Constitutional Law. Forrest l'i lton, ILL.. B.A., University of London, and of the Middle Tempi* l .1' ter-ai Law. made by Mr. Pulton Mr. Pulton'i a fairly good eltincntary manual." of all the leading authorities on I * •' ■•mni. ami be ■ . .inn Intelligibly. I "Thi ider will be murh pleased fully prepared Index."— Lou with thi partla- liiriil."— Stamlurd. ■■ \\r can ' ""' reference book, a» well ai a book and the object o: Indent iii I ■ -tancc •• Held of CoasU- ^t r.ii bt through." -John Bull. Law and History is attained."— The "Theauthi I tins. Mid baa a the somewhat dlffleull "Mr. Pulton appears to na\ ting the result thoroughly useful and re- Ing In a well-digested form. Mr. Pulton may ngratulated upon the very successful r practical information and fox student's accomplishment of a by no mean purposes Mr. Pulton's la by far the best his book supplies a felt want." PubUeOptmiou. stittitioii.il History with which "Mr. Pulton hai ■ Manual of ■itni."— -/;i./i i.mr rums. tntlonal History to aid beginners in without merit. their studies: the extracts he has gtren from The former part Is written With tare and his authorities appear to be well chosen." — \ ■ics. Trower's Church Building Laws, 1874. I' t 8vo.| 9a. cloth. THE LAW of the BUILDING of CHURCHES, PAR. SONAGES, and SCHOOLS, and of the Division of Parishes and PI By Chabli - I b \ m is Trowes, M.A., of the inner Temple, Esq., Barrister tit' Law. late Fellow of Exeter College, Oxford, and late Secretary of Pre- sentations i" Lord Chancellor Westbury. •• v., con- " In i> well-arranged Tolnma this K'nitlrmnn ia,nt ■ if information of essential im- p ligibly bowtliadlffi. i lnrli nsoalh In inch nut- s' I nun my llrrald. II the topics • ■a luinr will In- found « i. puldii , law, and should on thai account I ■ i . n known • • Mail. much importance.' SWi "It is t.veryclearly ' who/. written, well " His book is just the one we could wish every iii l! i. n booh wr art glad 10 lia\r Slid to ib< trouble of r. ■ mmtad."—Lil*rarn CAwrehmmtt. .cry uisnj (juritions." — Clerii Mtumal, Latham's Law of Window Lights. P • '. i., in . cloth. A TREA1 [8E on the LAW of N\ ENDOW LIGHTS. By ljlm, of the Inner Temple, Esq., Barrister al Law. ■I || , work, In our opinion, is both ners| uinot but compliment the auihot Heats'."- I "" '■' ' ' ■""'• Lushington's Naval Prize Law. i. loth. I \ L of N AN i L PRIZE L \W. Bl GODFRBT ; the Liner Temple, I q., al Law. MESSRS. Hl'TTKll WORTH, 7, FLEET STREET, E.( , 3fi -O Saunders' Law of Negligence. I Vol., DO ' Bl "■■ ■ 'loth. A TREATISE on the LAW applicable to NEGLIGENCE. By Thomas W. Saunders, Esq., Barrister a( Law, Recorder of Bath •• Tin- book 11 admirable ; while small in balk, it contain! everything thai Is necessary, end it.i Brrengenent is each that one > <<> readily refei to it. Amongst thoee who have doue good service, Mr. Sanndere will Bad ■ |il.u • ." - /. aw Uagatint. " Iii tin- useful hull' volume now before us In- bee gathered tlir whole law of negligence. All bis works are distinguished by painstaking and accuracy. This one is no exception ; and the subject, which ia of very extensive Interest, will Insure for it ■ cordial welcome from the ion.' 1 — Lam Times. "Iii to the cases are given much more fully, and mi a more rational system than is common with text hook writers. He ooil Index ; he has produced a work which will Facilitate reference to the authori- ties." — Solicitor)' Journal. " As a work of reference the book will b welcome in the office "i the solicitor or In lira chambers of the barrister."— Mondnf AJvtrtittr. " a short ami 1 1 ear tri atise like tin ; mi tin- law relating to tin: snlije* i oug welcomed. It is a moderate else volume, and maki s references to all the authorities <>n tin- question easy." — 'Standard. " It is a great advantage to the lre find all tin- Isw of negligence col- li 1 1' d and arranged in a manual ol reasonable size. Such is Mr. Sauuders' honk." — Public Opinion. " A serviceable ami seasonal Ie treatise ou tin- 1. 1-.- i-, by I nomas \v. s iu Esq., Recorder of Balh." — Tttigraph, " A careful treatise nn a hiani h of law which is daily acquiring importauce. Jin- manual before us is a useful treatise."— J Ingram's Law of Compensation. — 2nd Edit, by Elmes. Post 8vo., 12s. cloth. COMPENSATION to LAND and HOUSE OWNERS: being a Treatise on the Law of the Compensation lor Interests in Lands, &c. payable by Railway and other Public Companies ; with an Appendix of Forms and Statutes. By Thomas Dunbaj? Engram, of Lincoln's [nn, Esq., Barrister at Law. Second Edition. By J. J. Elmes, of the inner Temple, Esq., Barrister at Law. " We say at once that it is a work of great merit, it is a concise, clear and complete ex- position of the law of compensation applicable to the owners of real property and railway and other companies." — Law Jliagaiinc. " Whether for companies taking land or hold- ing it, Mr. Ingram's volume will he a welcome guide. With this in his hand the legal adviser of a company, or of an owner and occupierwhose property is taken, and who demands compen- sation for it, cannot fail to perform his duty rightly." — L<'W Timet. " J his work appears to be carefully prepared as regards its matter. This edition is a third larger than the fust ; it contains twice as many cases, and an enlarged index. It was much called for, and doubtless will be found very useful to the practitioner." — Law Magazine, iccond notice. Cutler's Law of Naturalization. l2mo., 3*. 6d. cloth. THE LAW of NATURALIZATION; as Amended by the Acts of 1870. By John Cutler, 15. A., of Lincoln's Inn, Barrister at Law, Editor of " Powell's L;iw of Evidence," &C. •• [lie author's position as Professor of English foreigners resident in this country."— Public V/ i"i n. " I i- brok is a model of what a treatise of its kind should br."--Sundav Timet. " A very convenient hand book to the law of naturalization, as amended by the Acts of 1870."— Weekly Timet. anyone not having muth previous ac- quaintance with the subject, who wishes for a general sketch of the law affecting aliens, at it I as it is now, this book will be useful." — Solicitors' Journal. "It has been carefully compiled, and the authorities referred to are accurately cited." — Pall Mall Gazette. I.iu and Jurisprudence is a guarantee of his legal competence, whilst his literary abilities have enabled him to clothe his legal knowledge m language which laymen can understand with- out being misled by it." — John Bull. " Mr. Cutler, in the work before us, lucidly explains the stale of the law previous to the recent statute, ant shows the alterations pro- duced by it, so that a careful perusal of this book will enable the reader fully to comprehend the present stale of the law upon this most im- portant subject." — Tustice o/t/ie /' " This little work will he found of use to our countrymen resident abroad, as well as to -6 LAW WORKS lTHUSlir.l) MY Hunt on Frauds and Bills of Sale. Poll . • loth. The LAW relating to PR \i DULENT COW i.V LN< under the Statutes of Elizabeth and the Bankrupt Acts: with Remarks on the La* relating to Bills of Sale. By Abthi b Jobbpb Host. <>i the Inner Temple, Esq., Barrister at Law, Author <>t "The Law relating to Boundaries, Fences and Foreshores." "Th. In the Mr. Hunt has 1 : upon the v .11 orderliness of arrangement and .1 subtlet; . uteness which carry him i..r towardi tion of Neither Ii.tn bli Industi lacking: the caaei that hate arisen under the Bankruptcy Art, 1869, and under t lie B . carefully and com] d . >r by him In their appro- The Index alao i-> 1 «■> t !i ■ :ul ami secure* much facility of refer- the various matter* which arc the sub- ■ ic work." — I "Though smaller In slse, Mr. Hunt's book rlth fraudulent conveyances under tlic It inki '■ which Mr. May in : unlaw hed, although his baa the undoubted merit of being the break fresh ground In treating fraudu- lent conveyances in a separate volar review Ins thai tn»>k last >• whllepraislngtheindustrri which it was . considerable advantage. Mr. Hunt's 1 as readable a ■ bnieal n tub- 1 well be made. Mr. Hunt's art lnent of his materials follows an orderly and Intelligible plan. The index Is apparently carefully prepared, and the table 1 1 ■hat none of ' ked. Mr. Hunt has produced a really useful hook unencumbered by useless matter, which d 1 • mual of the law of fraudulent dispositions of property." — Late Journal. " I be author has collected with industry and care the authorities bearing on ti • tion be has undertaken to dial wit] ntlj broken op, and the .ted by a good index."— BolieUori Journal. Fry's Specific Performance of Contracts. ,s v>., 1 6f. cloth, A TREATISE -.. ill- 8PECIFJC PERFORMANCE of CONTRACTS, including those of Public Companies, with a Preliminary Chapter on the Provisions of the Chancery Amendmenl Act, ls:,s. By Edward I'm. B.A., of Lincoln's Inn, Esq., one of Her Majesty's Counsel (now tin- Hun. sir Edward Fry, one of the Judges of Hit Majesty's Supreme Court of Judicature). ■■ 1 1,. 1. - u>. sitas 1 text book will find in it aa adviser who will nil biai not only how 11 may I I imtJ. " Mr. I ry's work presents In .1" quantity ol modern learning on lbs ■ ■ • ' ' ll" c - ad will thus he acceptable to the profession Kencrally."— lll/l". "Mr. In ■ • ihaust u Imh he has cited and 1 , . with Krellt .:: which in. lads those ol tin I —L*w . Wright's Law of Conspiracy. 1 loth. THE LAW of CRIMINAL CONSPIRACIES and AGREE- MENTS. By !{. S. Wright, of tin' Inner Temple, I ;.i t-ri-tcr at I Fellow of Oriel ('nil., 1 Michael and Will's Law of Gas and Water Supply. i' • ro., 1 1 loth. THE LAW -1 GA8 and WATER SUPPLY j ooraprisine the Rights ami J> ; "i Local Authorities a- of Private Companies in ;l thereto, and including the Legislation "i tin 1 last Session of Parlia- ment. By W. H. M11 MAi. 1. ami J. Shirks. Will, Esqr itLawj 9 — ° MESSRS. BUTTERWORTH, 7, PLEET STREET, E.C. 39 Glen's Law of Public Health.— Ninth Edition. In the l'rcs i, Bvo.| cloth. THE I. AW relating to PUBLIC HEALTH and LOCAL GOVERNMENT, and Urban and Rural Sanitary Authorities, including tlic Law relating to the Removal <>t' Nuisances injurious to Health ami the Prevention of Disease; with Statutes ami Cases. By W. Cunningham Glen and Alexandre Glen, B.A., LL.B., Barristers at Law. Ninth Edition. "The Public Health a. t, \ the analogous character, Including the recent production of a new edition of this standard for tin- Improvement »f .\ i Imperative, and it forma an Important bourere' Dwellli I tioni feature, it being given in It appro- .show thai great care and Industry bav< and decisions of the Courts upon bestowed upon them, all the recent c the relative sections of the repealed Acts In- being annotated, .'^i i .ii the ends of the action Hie ] th edition thoroughly worthy of the reputa- malnder of the work comprises A tlon long since acquired by the tenior editor." ! tob) the Public Health Actai giving — Ft Timet, March 18ft, I powers tu local authorities, and other Acts of Glen's Local Board Election Manual. Posl 8vo., 88. •'„/. cloth. THE CONSTITUTION OF LOCAL GOVERNMENT DIS- TRICTS and ELECTION OF LOCAL BOARDS under the Public Health Act, 1875, 38 & 39 Vict. c. 55. By Alexandeb Glen, .M.A., LL.B., Cantab., of the Middle Temple, Barrister al Law. Holland on the Form of the Law. Svo., 7s. Git. cloth. ESSAYS upon the FORM of the LAW. By Thomas Erskik/e Holland, M.A., Fellow of Exeter College, and Chichele Professor of [nternational Law in the University of Oxford, and of Lincoln'? Inn, Bar- rister at Law. Heales's History and Law of Pews. 2 vols. Svo., 10.s\ cloth. The HISTORY and LAW of CHURCH SEATS or PEWS. By Alfbbd Heales, F.s.a., Proctor in Doctors' Commons. " (Ire, it pains have evidently been taken in " Foi original researcli and faitliful labour tbe compilation of this work, which exhibits in verifying references no other writer ran lay throughout an immense amount of research any claim to come anywhere near Mr. Heales." and a careful arrangement of cases and ex- - { t nul. 1 1 acts." — l.mr Magatku. Gaches' Town Councillors and Burgesses Manual. Posl 8m, 7. . cloth. 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Not- uance of the series of Clifford and Stephens's withstanding the slight defects menti Reports,' which began in 1807, and seem to be the book is really a very useful one, and will marked by the same care and accuracy which doubtless commend itself to Parliamentary have made these Reports a standard for refer- practitioners." — Laic Timet. ence and quotation by practitioners and the Cutler and Griffin's Indian Criminal Law. Svo., 6s. cloth. AN ANALYSIS of the INDIAN PENAL CODE (including the Indian Penal Code Amendment Act, 1870), with Notes. By John Cutler, B.A., of Lincoln's Inn, Barrister at Law, Professor of English Law and Jurisprudence, and Professor of Indian Jurisprudence at King's College, London, and Edmund Fuller Gbxffik, B.A., of Lincoln's Inn, Barrister at Law. " It may be added that the code is just at use to professional nun in England. 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