UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY the "Publishers' ^ Compliments. NOTES ON PERUSING TITLES Price M. ; by Pout 7d. THE Al SHORTHAND FOR VERBATIM REPORTING WITHOUT THE AID OP A MASTER. By LEWIS K. EMMET, Solicitor. Eighteenth Edition, Price 3s. M, net ; by Pout, 3*. 9rf. A HANDY BOOK ON THE FORMATION, MANAGEMENT, AND WINDING UP OF JOINT STOCK COMPANIES. By WILLIAM JORDAN, Registration and Parliamentary Agent, and F. GORE-BROWNE, M.A., of the Inner Temple, Barrister-at- Law, Author of " Concise Precedents under the Companies Acts." Fourth Edition, Price 6s. net; by Post Gs. 6d. THE LAW OF STAMP DUTIES on Deeds and other Instruments. Containing The Stamp Act, 1891; The Stamp Duties Management Act, 1891; and Acts Amending the same; a Summary of Case Law ; Notes of Practice and Administration ; Tables of Exemptions; THE OLD AND NEW DEATH DUTIES; and the Excise Licence Duties. By E. N. ALPS, of the Middle Temple, Barrister-at-Law. and the Solicitor's Department, Inland Revenue. Price (i. net; by Post 6*. 6rf. THE TRUSTEE ACT, 1893 : An Act to Consolidate Enactments relating to Trustees, together with The Trustee Act, 1888, and The Trust Investment Act, 1889, with Explanatory Notes, the Rules of the Supreme Court under the New Act, Numerous Forms, and a Complete Index. By ARTHUR REGINALD RUDALL, of the Middle Temple, and JAMES WILLIAM GREIG, LL.B., B.A. Lond., of Lincoln's Inn, Barristers-at-Law. Price Wn.'uet; by Post 10*. 6rf. THE LAW AS TO COPYHOLD ENFRANCHISEMENT UNDER THE COPYHOLD ACT, 1894. Containing the Text of the Act with Explanatory Notes, Comparative Tables of Repealed Statutes, Minutes of the Board of Agriculture, Scales of Compen- sation under the Act, Numerous Forms, and a full Analytical Index. By A. R. RUDALL and J. W. GREIG, Authors of the foregoing. JORDAN & SONS, PUBLISHERS, LONDON. NOTES ON PERUSING TITLES CONTAINING OBSERVATIONS ON THE POINTS MOST FREQUENTLY ARISING ON A PERUSAL OF TITLES TO REAL AND LEASEHOLD PROPERTY WITH AN EPITOME OF THE NOTES ARRANGED BY WAY OF REMINDERS BEING AN ATTEMPT TO REDUCE THE PERUSAL OF ABSTRACTS TO A SYSTEM BY LEWIS E. EMMET < SOLICITOR LONDON JORDAN & SONS 120 CHANCERY LANE, AND 8 BELL YARD, TEMPLE BAR 1895 T PREFACE. P&KHAPS one of the most difficult and responsible duties of a Solicitor is the perusal of an. Abstract of Title, requiring as it does, not only a knowledge of law extending over a wide range of subjects, but the knack of concentrating such knowledge on the Abstract in hand, and of recognising at a glance a defect where it The aim of these Notes is to help the reader to focus his knowledge as much as possible on the subjects most frequently arising, and most needful to be remembered on a perusal of Abstracts, and to remind him of the -special points which should be provided for in a particular part of a Deed. The Notes have been arranged on a practical basis, with a view of assisting the memory and facilitating reference to the point required. Each part of a Deed is separately considered ; and the questions generally arising on Wills and Settlements are specially dealt with. A separate chapter is devoted to Copyholds. The Notes have been condensed as far as consistent with lucidity, and an authority given for nearly every statement made therein. As far as possible, only recent decisions have been referred to. A perusal of these will generally refer the reader to the earlier decisions. 778833 PREPACK. In addition, an Epitome of the Notes has been added by wfiy of " Reminders," to be glanced over after the perusal of an Abstract, thus rendering the danger of overlooking the points referred to therein less likely to occur. To increase the practical utility of the book, it contains a Table of Cases Cited and a full Analytical Index ; but, to keep it within convenient limits, various special subjects which the Conveyancer would hardly approach without consulting a text-book thereon have been left untouched notably, Registration under The Land Transfer Act, 1875. The writer's rough memoranda on which these Notes were founded originally appeared in a series of articles in The Laiv Gazette. LEWIS E. EMMET. SHEFFIELD, May, 1895. CONTENTS. PAGE PREFACE- - v TABLE OF CASES CITED - - .... x iii TABLE OF STATUTES REFERRED TO - - - - xxiii ABBREVIATIONS USED IN CITATION OF REPORTS - xxix PART I. CHAPTER I. THE CONTRACT. Essential Points of a Contract 1 Notice to treat under Lands Clauses Consolidation Act, 1845 - 2 General Conditions as to Defects in Title, Misdescriptions, Easements, &c. 3 Furnishing of Abstract and Requisitions in Title - - - 4 As to Carrying out Contract made by Deceased Testator - - 6 Duty of Vendor as to Keeping Property in Order pending Completion 6 When Purchaser Entitled to Compensation and when to Rescind 7 CHAPTER II. ROOT OF TITLE. Where Formal Contract 8 Showing aliunde Defects in Title ------ 8 Settlement, commencing Title - - 8 In Open Contract --------- 8 Freeholds ----- 8 Leaseholds ---------- 8 Reversionary Interest 9 Appointment, commencing Title - 9 Inclosure Award, commencing Title ----- 9 Possessory Title 10 Devise, commencing Title - - - - - - - 10 CONTENTS. PART II. CHAPTER I. THE VARIOUS PARTS OF A DEED. PACK Date of Deed 1 1 Parties Generally - 11 Aliens -----------12 Appointment (Donee under Power of) ----- 12 Attorney, under Power of Attorney - - - . . 15 Bankrupts - 1(5 Building Societies - - - - - - - - 17 Companies (Trading) ------- 19 Convicts and Outlaws - - 20 Corporations ......... 20 Curtesy (Tenants by the) ------ 21 Devisees of Leaseholds ..-...- 21 Executors and Trustees 21 Friendly Societies 21 Heirs-at-Law and Co-Heiresses ------ 23 Infants . .... 24 Joint Tenants --------- 26 Life Tenants under The Settled Land Acts, 1882 to 1890 - 27 Married Women - 29 Next-of-Kin ... 3$ Mortgagees ----- 39 Railway Companies -------- 43 Tenants in Tail .... 44 Trustees and Executors 45 CHAPTER II. RECITALS. When Evidence - 4(5 When Control Operative Words - 47 Covenants --------47 Disclosing Breach of Trust - .... 4y When Cannot Go Behind 49 When Amount to a Covenant - ----- 49 When Operate as Estoppel CONTENTS. CHAPTER III. -CONSIDERATION AND RECEIPT CLAUSE, AND OPERATIVE WORDS. PAGE Consideration and Receipt Clause ----- 51 When Consideration Necessary - - - - - - 51 Points in respect of which Consideration should be Noticed ......... 51 What a Sufficient Receipt ------- 52 Solicitor Producing Deed ------- 53 Attorney Producing Deed ... . - - 53 Vendor's Lien --------- 53 Joint Account --------- 53 Apportionment of Rent ------- 54 Operative Words ......... ^4 As to Effect of Granting larger Estate than Grantor has in Property --------- 54 Words "Grant," "Demise," " Beneficial Owner" - - 55 When Reference to Power Necessary - - - - - 55 Sale in Professed Exercise of Power of Sale under Mortgage --.-...-- 56 Consent -------- - 56 When Govern Recitals and when Governed by Recitals - 56 CHAPTER IV. PARCELS. General Rule for Interpretation of Parcels ----- 57 New Description ......... 6Q Plan - - - 58 Roads, Pavements, and Sewers ------- 58 Walls and Fences - - - 59 Hedges and Ditches -----..._ 60 Particular Words - ........ QQ Mines and Minerals - - - - - - - - - 61 Exceptions, Reservations, Easements, and Appurtenances - - 63 Misdescription ---------- ^6 Fixtures ------ . . . . . g($ CONTENTS. CHAPTER V. HABENDUM. PACK. General Rules of Construction 67 Limitation of a Fiiture Estate - ----- 69 Declaration of the Use - 70 Words of Limitation - - 70- When Trustees Take the Legal Estate ----- 73 Incumbrances ------ 74 CHAPTER VI. COVENANTS. Covenants Generally - - - 75 Covenants for Title -------- 75 Covenants Restricting the User of Property - - 77 (a) Affecting Freehold Property 78 (6) Affecting Leasehold Property 79 Building Schemes - - ----- 82 The Benefits of Covenants 8& Covenants as to Deeds , - 84 Miscellaneous - ...--- 85 CHAPTER VII. EXECUTION AND COMPLETION OF DEED, NOTICE, Ac. Signing ----------- 86 Sealing - - ...... 86 Delivery ----- ... 86 Execution by Attorney - - - - - - . - - 87 Attestation - - - - ...... 88 Receipt - - - - - - - - - - - .89 Registration - ..... 89 Enrolment 90 Acknowledgment ... 90 Searches .... 9O Notice and Consent - 91 Effect of Constructive Notice - 92 CHAPTER VIII. STAMPS. Effect of Circular of Commissioners of Inland Revenue - - 98 CONTENTS. PART III. CHAPTER I. WILLS GENERALLY. PAGE Infant's Will ---------- 99 Joint Tenant's Will 99 Harried Woman's Will -------- 99 Proof that Last Will 10O Incorporation of a Document in a Will ----- 10O Witnesses to Will - - - 101 Revocation of Will 101 Date of Operation of a Will - - 102 Perpetuities - - - - . - 102 Conditions in Restraint of Alienation - 103 Specific Devise ---------- 105 Registration .......... 106 Miscellaneous ---------- 107 CHAPTER II. DEVOLUTION OF ESTATES ON DEATH. Trust and Mortgage Estates of Inheritance ... - 10H Leaseholds on Death of Personal Representative - - - 110 Leaseholds, generally, on Intestacy - - - - - HO As to Legal Estate in Trustees - - - - - - - 111 Effect of Disclaimer by Trustees ------ 112 CHAPTER III. POWERS OF EXECUTORS AND TRUSTEES TO SELL, Ac. Executors - - - - - - - - - - - 114 Trustees - - - - - - - - - - -116 CHAPTER IV. SETTLEMENTS AND VOLUNTARY CONVEYANCES. (iifts of Freeholds and Leaseholds - - ... 121 As to Revocation ......... 122 Resulting Trusts - 122 When Void under 13 Eliz. c. 5 123 Effect of Voluntary Conveyances Act, 1893, - - - 124 Effect of Bankruptcy Act, 1883, 124 Conditions in Restraint of Alienation ------ 126 CONTENTS. CHAPTER V. GOVERNMENT DUTIES. pAGK Succession Duty 127 Exemptions - - 129 Estate Duty under Finance Act, 1894 127 PART IV. COPYHOLDS. Contract - - - - - - - - - - -131 Parties - - - - - - - - - - 132 Appointment (Donee under Power of) - - 132 Bankrupt -....-- 132 Building Society --------- 132 Corporation --------- 133 Curtesy (Tenant by the) ------- 133 Executor and Trustee - - 133 Friendly Society -------- 133 Ileir-at-Law 133 Joint Tenants - - 133 Lunatic .... 133 Married Woman - 133 Mortgagee - --------- 134 Tenants in Common -------- 135 Tenant in Tail - - - - - - - - -13") Trustee 130 .Surrender and Admittance -------- 137 Vesting Orders - - - - 1 35) Leases ... - 140 Mortgage and Trust Estates of Inheritance 141 Descent - - - - 142 Registration under Local Acts ------ 142 Miscellaneous --------- 143 Stamps ----------- 144 GENERAL POINTS FOR THE PURCHASER TO CONSIDER 145 REMINDERS 147 LIST OF TEXT BOOKS REFERRED TO AND CONSULTED 182 ADDENDA ET CORRIGENDA - - 184 INDEX 185 TABLE OF CASES CITED. Abbott v. Stretton, 98. Adair r. Garden, 85. Adams r. Blackwall Railway Co., 3. Agg- Gardner, re, 84. Aldin r. Latimer and Others, 64, 75. Allcard r. Skinner, 121. Allen r. Maddock, 100. Allen r. Taylor, 65. Altham's Case, 67. Ames, re, Ames v. Ames, 29, 105. Anderson v. Anderson, 101. D'Angibau, re, 14, 24. D'Arcy v. Tamar &c. Railway Co., 87. Aspden v. Seddon, 61, 62. Astry v. Ballard, 61. Atkinson, re, 29. Attorney -General v. Robertson, 129. Attorney-General v. Upton, 128. Ansterberry r. Corporation of Oldhain, 78, 83. Aveline r. Whisson. 86. Baggett i: Meux, 32. Bailey r. Barnes, 39. Bailey, in re, Bailey v. Bailey, 115. Bailey v. De Crespigny, 77. Bailey v. Icke, 64. Baker v. White, 74, 111. Bangor (Bishop) r. Parry, 91. Banister, re, 4. Barber v. Wood, 105. Baring c. Abingdou, 64. Barkshire r. Grubb, 63. Barlow r. Rhodes, 63. Barnes v. Wood, 4. Barnewell r. Harris, 54. Barrow r. Isaacs, 91. Barton v. Fitzgerald, 47. Baynes r. Lloyd, 184. Bayspool r. Collins, 51. Beaumont's Mortgage Trusts, re r 63. Beckett r . Corporation of Leeds, 59. Beckett r. Sutton, 27. Beckett v. Willett, 22. Bedford (Duke ofj r. Trustees of British Museum, 82. Bedingfield and Herring, in re, 17, 42, 56, 92, 118. Bellamy, re. Elder r. Pearson, 35. Bence, re, 102. Bence r. Gilpin, 133, 136. Bennet r. Davis, 36. Bennett r. Cooper, 42. Bentley, re. Wade v. Wilson, 84. Berridge v. Ward, 59. Bethel r. Abraham, 116. Bettesworth and Richer, re, 59. Beyfns and Masters' Contract,. in re, 4, 74. Biggs r. Peacock, 119. Birkbeck Freehold Land Society. Ex parte, 94. Birmingham and District Land Co. and Allday, in re, 82. TABLK OF CASES CITED. Bishop v. Taylor, 81. Blagrave v. Blagrave, 112. Blake, re, Blake v. Power, 122. Boddington v. Robinson, 69, 70. Bold v. Hutchinson, 47. Bolton v. London School Board, 10, 46. Bolt v. Smith, 123. Bos v. Helsham, 4. Bowes v. Law, 75. Bowling and Wilby's Contract, re, 18, 184. Bowman v. Hyland, 6. Boxall v. Boxall, 37, 116. Brace, re, 13, 55. Bradford (Earl of) r. Romiiey (Earl of), 58. Brail, re, Ex parte Norton, 123, 125. Braybrooke v. Inskip, 108. Brazier v. Hudson, 116. Brewster, re, 102. Briggs v. Spicer, 125. Bright-Smith, in re, 105. Brooke, in re, Brooke r. Brooke, 114, 184. Brown and Sibly's Contract, re, 13. Bryant and Barningham, re, 118. Bryant, Powis and Bryant, r. Bank du Temple, 15. Burchell v. Clark, 69. Bnrdett, re, Ex parte Byrne, 66. Burgh, De, v. Lawson, 115. Burnaby v. Equitable Society, 24. Burnaby's Settled Estates, re, 84. Butler, re, 31. Butler D. Butler, 105. Butler r. Dodton, 68. Calcraft v. Roebuck, 132. Cardigan v. Curzon-Howe, 29. Carlisle Banking Co. r. Thompson, 18, 23. Carlyon r. Truscott, 115, 118. Carrington (Lord) r. Wycornbe Railway Co., 44. Carritt v. Real and Personal Advance Co., 49. Carruthers r. Sheddon, 12. Carter r. Silber, 24. Carter ?. Williams, 79. Castellain r. Preston, 91. Castle r. Fox, 102. Cautley, re, 106. Cave v. Harris, 102. Cecil v. Butcher, 122. Chambers r. Taylor, 71 . Chaplin r. Chaplin. 134. C hay tor, re, 29. Cheese v. Lovejoy, 102. Cherry c. Heming and Needliam, 86. Chester r. Willan, 54. City of Glasgow Railway .Co. r. Caledonian Railway Co., 43. Clarke r. Cogge, 65. Clarke r. Wil'lott, 51. Clarke v. Ramuz, 6. Clay and Tetley, in re, 6, 114. Clayton's Case, 11. Clegg r. Hands, 79. Coard r. Henderson, 105. Coghlan, re, Broughton v. Brough- ton, 47, 75. Cohen r. Mitchell, 17. Cole i'. Parkin, 95. Coles r. Pilkington, 107. Collier i: Walters, 112. Commissioners of Inland Revenue v. Angus, 97. Cook v. Dawsoii, 115. Cook v. Goodman, 86. Cooke r. Crawford, 108. Cooke r. Soltan, 42. Coombs r. Wilkes, 1. Cooper, E,v parte, 123. Cooper and Allen's Contract, re, 128. Cooper v. France, 23. Cooper r. Mat-Donald, 36. TABLE OP CASES CITED. XV Cooper r. Trcwby, 128. Cope, in re, 101. Corbett -r. Jones, 64. Corporation of London r. Riggs, 65, 87. Corser r. Cartwright, 114, 115. Cotton and London School Board, re, 118. Countess of Dudley's Contract, re, 25. Countess of Sutherland r. North- more, 13. County of Gloucester Bank r. Rudry, Merthyr Ac. Colliery Co., 87. Cox and Neve, in re, 5. Ci'adock v. Scottish Provident Institution, 40. Creaton v. Creaton, 111. Cresswell r. Cress well, 101. Cress\vell r. Davidson, 81. Crossley r. Elworthy, 123. Crowe's Mortgage, re, 134. Crowther r. Solomons, 94. Cruikshaiik r. Duffin, 40. Cumberland Union Banking Co. i\ Maryport Haematite Iron Co., 66. Cunningham r. Frayling, 108. Curtis r. Spittey, 54. _ Dames, in re, 6. Danby r. Coutts, 16, 47, 87. D'Angibau, re, 14, 24. D'Arcy r. Tamar &c. Railway Co., 87. Darby r. Darby, 27, 73. Davenport, re. Turner v. King, 32. Daveron, re, Bowen i'. Churchill, 119. David r. Sabin, 55, 76. Davies r. Games, 72. Davies to Jones and Evans, 111. Davis and Cavey, re, 77. Davis's Trusts, 88. Dawes, Ex parte, 47. Dawes v. Tredwell, 47, 49. Day v. Woolwich Equitable Build- ing Society, 15, 53. Dearberg r. Letchford, 163. De Burgh r. Lawson, 115. Denison v. Halladay, 62. Derby Canal Co. c. Wihnot, 21. Dickinson r. Dickinson, 118. Dockwra r. Faith, 110. Doe v. Claridge, 111. r. Edlin, 112. ., r. Homfray, 111. ,, v. Tomkinson, 13. Doe d. Beavan, 21, 91. d. Blackwell r. Tomkins, 137. ., d. Clift r. Birkhead, 61. d. Godbehere r. Bevan, 106. ., d. Guest r. Bennett, 106. d. Norton r. Webster, 48, 58. d. Sheppard v. Allen, 81. Doidge v. Carpenter, 63. Douglas v. London and North- Western Railway Co., 10. Drake v. Whitmore, 119. Drant v. Vause, 6. Drewe v. Corp, 132. Drummond and Davie, re, 30, 45. Drury r. Man, 143. Dudley's (Countess of) Contract, re, 25. Dugdale r. Dugdale, 104. r. Meadows, 129. Duke of Bedford r. Trustees of the British Museum, 82. Duke of Hamilton c. Graham, 63. ,, Marlborough r. Sartoris, 28. Duke of Newcastle's Settled Estates, re, 25, 29. Duncan c. Dixon, 25, 38. Dunning r. Earl of Gainsborough, 93. Durham r. Northeii, 100. Dyer v. Dyer, 122. TABLE OF CASES C1TKD. Eager v. Furnivall, 35, 36. Earl of Bradford r. Earl of Romney, 58. Earl of Gainsborough v. Watcombe Terra Gotta Clay Co., 79. Earl of Tyrconnell r. Duke of Ancaster, 4. Earl Poulett r. Hood, 77. Ebsworth and Tidy, re, 19, 74. Ecclesiastical Commissioners r. Parr, 139. Eddlestone v. Collins, 143. Edwards r. Carter, 24, 25, 38. Ellis v. Goulton, 6. ,, v. Rogers, 3. Ellis v. The Manchester Carriage Co., 65, 87. Else v. Else, 8. Empson's Case, 50. English and Scottish Mercantile Investment Trust v. Brunt on, 93. Everett v. Remington, 82. Farebrother v. Gibson, 4. Favell v. Wright, 87. Finley, re, 16, 43. Fishbourne r. Hamilton, 63. Fitzgerald's Trustee r. Mellersh, 40. Flitcrof t, in re, 140. Flower r. Metropolitan Board of Works, 53. Forbes v. Peacock, 115. Ford v. Hill, 5, 49, 126. v. Olden, 39. Foster v. Crabb, 84. v. London Chatham and Dover Railway Co., 43. Foulkes, in re, Foulkes r. Hughes, 24. Fourth City Mutual Building Society v . Williams, 22. Fowler v. Lightburn, 73. Fox v. Clarke, 57. ,, v. Hawkes, 33. Frampton r. Stephens, 34, 134. Franklyn's Mortgagees, in re, 141. Freeman v. Commissioners, 96. Frend v. Buckley, 8. Freshfield r. Reed, 88. Frost, re, Frost r. Frost, 103. Gainsborough (Earl of) v. Wat- combe Terra Cotta Clay Co., 79. Games r. Bonnor, 10. Garland v. Mead, 133, 136, 137. Garner v. Hannyngton, 84. Garnett deceased, re, 100. Gartside v. Silkstone & Dod worth Coal & Iron Co., 11, 87. German v. Chapman, 82. Gibbons v. Snape, 135. Gibson v. Bott, 112. Gilchrist, Ex parte, 14, 17, 33. Gillett v. Abbott, 46. Gloag and Miller, re, 3. Gloucester Bank, County of, v. Rudry, Merthyr &c. Colliery Co., 87. Goddard's Case, 11. Godfrey deceased, re, 102. Goodchild r. Dougall, 30. Goodtitle d. Dodwell r. Gibbs, 67, 68, 70. Goshawk v. Chigwell, 68. Gosling r. Woolf, 9. Gould, re, 125. Graham v. Sime, 132. Gray v. Fowler, 5. Great Northern Railway Co. t'. Sanderson, 41. Great Western Railway Co. r. Bennett, 62. Great Western Railway Co. v. May, 43. Gi-een v. Marsh, 42. TABLK OF CASKS CITKh. XV11 Green r. Paterson, 185. Greenslade r. Dare, 89. Gregory r. Henderson, 111. Greville r. Browne, 114. Grey r. Grey, 122. Guest r. Sraythe, 39. Gurney r. Gnrney, 101. Hadtield's Case, 70. Hadgett r. Commissioners, 95. Halifax Banking Co. r. Gledhill, 123. Hall r. Bromley. 137. r. Hall, 105, 122. ,. r. Waterhoiise, 34, 99. Hanier v. Sharp, 2. Hamilton r. Buckmaster, 114. ., (Duke of) r. Graham, 68. Hancock r. Hancock, 37. Harding v. Metropolitan Railway Co., 77. Hardman's Trusts, in re, 13, 55. Hargreaves and Thompson, re, 7. Harman and Uxbridge and Rick- mansworth Railway Co., 49. Harper r. Hayes, 119. Harrison r. Barton, 72. r. Good, 83. Harrop's Trusts, re, 28. Harvey v. Facey. 2. Hatton, Sir C's Case. 51. Hawkesworth r. Chaffey, 2. Hawksley r. Outram, 15. 1 1 ay wood r. Brunswick Permanent " Benefit Building Society, 78. Head and MacDoiiald, re, 118. Heath v. Crealock, 50. Heaysman's and Tweedy's Con- tract, re, 7, 34. Hemingway r. Braithwaite, 123. Henry r. Armstrong, 122. Heuthorn r. Fraser, 2. Herbert's Will, re, 100. Hetling and Merton's Contract, in re, 15, 53. Heywood r. Mallalieu, 4, 65. Hext r. Gill, 63. Higgins and Percival, re, 81. Higgins and Hitchman's Contract, re, 44, 77. Hill r. Edmonds, 36. Hill r. Ransom. 95. Hillman, E.r parte, 125. Hoblyn r. Hoblyn, 122. Hobson v. Bell, 5. Hodgkinson r. Cooper, 9. Hodgson and Howes, re, 40. Hodson, re, Williams v. Knight, 25, 31, 38. Honeycomb r. Waldron, 89. Hope r. Hope, 36. Hopper r. Conyers, 48. Horan r. MacMahon, 122. Hotchkys, re, Freke r. Calmadv, 119. Hunt r. White, 76. Hunt r. Wimbledon Local Board, 2. Ingleby and Norwich Insurance Co., re, 109. Inman r. Inman, 26. Isaacson r. Harwood, 50. Jackson and Oakshott, re, 41. Jacomb r. Turner, 9. Jakeman's Trusts, re, 17, 31. Jarrett v. Hunter, 1. Johnson, re, Ex parte Blackett, 91. Johnson, re, Golden v. Gillam, 123. Johnson v. Johnson, 30. Johnson r. Legard, 123. Johnson and Tustin, in re, 5, 47. Jones, Ex parte, 26. Jones, re, 103. TABLK OK CASKS CITKJ). Jones, in re, Farrington r. For- rester, 24, 25, 38. Jones i,'. Rimmer, 74. Jones r. Watts, 8. Jupp, re, 27, 33. Kay v. Oxley, 63. Keane v. Smallbone, 11. Kelly r. Rogers, 81. Kelsey v. Dodd, 75. Kennedy v. Green, 53. Kenrick v. Wood, 38. Kerr r. Kerr, 68. Kidd and Gibbons' Contract, in re, 128. Kingsford v. Ball, 26. Kirkwood v. Thompson, 39. Knight v. Browne, 104. Knight v. Majoribanks, 39. Lacey v. Hill, 134. Lake v. Craddock, 27, 73. Langham and Langham Hotel Co., in re, 128. Lantsbery v. Collier, 119. Leigh v. Jack, 59. Liddell, re, 25. Limmer Asphalte Co. v. Commis- sioners, 94. Line v. Stephenson, 9. Llewellyn v. Earl of Jersey, 57, 58. Lloyd's Banking Co. v. Jones, 126. Lloyd v. Lloyd, 105. London, Brighton and South Coast Railway Co. v. Barra- clough, 95. London and South Western Rail- way Co. v. Gomm, 44, 79. Long v. Collier, 58. Lord Carrington v. Wycombe Rail- way Co., 44. Lord Sudeley and Baines & Co., 110. Low t'. Bouverie, 92. Lowcock i'. Broughton, 70. Lumsden v. Fraser, 6. Lyle r. Richards, 57, 58. Maas i?. Sheffield, 35, 100. Machu, re, 104. Mackenzie v. Childers, 79. Macleay, re, 104. McLean v. McKay, 83. Malone v. Henshaw, 6. Mannox v. Greener, 105. Mansel, re, Rhodes v. Jenkin, 116. Mansfield v. Childerhouse, 50. March, re, 27, 33, 73. Marine Investment Co. t'. Haviside, 94. Marlborough (Duke of) r. Sar- toris, 28. Marsh and Earl Granville, in re, 8,46. Marshall v. Crutwell, 122. v. Gingell, 110. Martinson v. Clowes, 39. Master v. Hansard, 83. Mawson v. Fletcher, 6. Mayor &c. of Oxford v. Crow, 2. Meek v. Chamberlain, 34. Melbourne Bank r. Brougham, 39. Mercer and Moore, re, 16. Meredith v. Wilson, 75, 82. Metcalfe v. Metcalfe, 16, 104. Metropolitan Railway Co. v. Cosh, 43. Meyler v. Meyler, 72. Micklethwait v. Vincent, 10. Middleton v. Pollock, 123. Midland Railway Co. v. Miles, 62. Mignari v. Parry, 48. Miles v. Miles, 102. Mills, re, 109, 121, 141. Minshall v. Oakes, 80. Minter v . Carr, 40. Mogridge v. Clapp, 28. TABLE OF CASES CITED. Molyneux and White, 115. Moody and Yates, re, 3, 5, 47, 81. Moore and Webster, 36. Morgan v. Morgan, 44, 90. r. Thomas, 116. Morley v. Bird, 40. i'. Cook, 5. Morris v. Atherden, 105. Mortimer v. Shortall, 58. Morton and Hallett, re, 41, 108. Moule r. Garrett, 82. Munday r. Duke of Rutland, 62. Nash r. Ash, 73. National Provincial Bank of England r. Jackson, 86. National Provincial Bank of England and Marsh, in re, 8. Naylor and Spendlas's Contract, re, 137. Neame v. Moorsom, 47. Nevill r. Snelling, 52. Newcastle's (Duke of) Settled Estates, re, 25, 29. New Land Development Associa- tion and Fagence, in re, 17. Nichols to Nixey, 14, 17. Nicholson r. Field, 113. Noble i-. Willcock, 35. Nottingham Patent Brick Co. v. Bowles, 78. Nottingham Brick and Tile Co. v. Butler, 65. Noyes r. Paterson, 124. Orme's Case, 70. Orme and Hargreaves, re, 29. Oxford (Mayor &c. of) r. Crow, 2. Page i: Midland Railway Co., 76. Page v. Norfolk, 2. Paget, re, 29. Palmer r. Ekins, 50. Pares, re, 45. Parker v. Bleake, 134. Parnell v. Stedman, 123. Patent File Co., re, 19. Paterson v. Paterson, 140. Patman v. Harland, 9, 79, 80, 92. Patten and Edmonton Guardians, re, 49, 1 17. | Peacock v. Eastland, 45. j Peck and London School Board, in re, 64. Pennant's Case, 81. Petchall, re, 102. Peters v. Lewes Railway Co., 118. Phillips v. Cayley, 13, 55. Phillips v. Low, 64. Phillips v. Silvester, 6. Pickett v. Packham, 43. Pledge v. Carr, 40. Plumstead Board of Works v. British Land Co., 59. Poole v. Adams, 90. Porter's Settlement, in re, Porter v. De Quetteville, 13, 55. Poulett (Earl) v. Hood, 77. Powell's Trusts, in re, 103. Price v. Jenkins, 124. v. Price, 121. Proctor v. Robinson, 121. Pryce r. Bury, 143. Pryor v. Petre, 59. Rackham v. Siddall, 111, 112. Radcliffe, Sarah, deceased, re, 102. Ramsay v. Blair, 63. Rebbeck, re, Rebbeck r. Bennett, 114. Reed v. Fairbanks, 68. Reeve v. Berridge, 4, 81, 93. Regina v. Bettesworth, 35, 100. r. Garland, 136. TABLH OP CASES CITED. Regina v. Middlesex Registrar, 142. v. Wellesley, 143. Reid v. Reid, 31, 32. ,, r. Shergold, 52. Rc'iials v. Cowlishaw, 83. Renner v. Tolley, 52. Revell r. Jodrell, 62. Hex r. Lord of Helsham Manor, 133. Reynold -v. Kmgman, 68. Rhodes r. Dawson, 16. Richards v. Delbridge, 121. ,, r. Rose, 59. r. Swansea Improve- ment Co., 3. Richardson v. Harrison, 110. Ridler, re, 124. Rigby v. Bennett, 60, 65. Roberts, re, Roberts v. Gordon, 112. Robertson v. Norris, 36. Robinson r. Kilvert, 75. Robson v. Flight, 113. Rochford v. Hackman, 104. Rodger v. Harrison, 90. Rolland v. Hart, 89. Rooke v. Lord Kensington, 47, 57. Rosher i\ Rosher, 104. Ros, De, re, Hardwicke r. Wiltnot, 47. Rossiter v. Miller, 1 . Ruabon Brick and Terra Cotta Co. r. Great Western Railway Co., 62. Russell r. Watts. 65. Saffron Walden Building Society r. Rayner, 93. St. Saviour's Trustees and Oyler, 3. St. Thomas's Hospital r. Charing Cross Railway Co., 61. Sale r. Lambert, 1. Sampson r. Easterby, 50. Sandbach and Edmondson's Con- tract, in re, 4. Sanders r. Sanders, 10. Sands to Thompson, 10. Sangster v. Cochrane, 18, 2;i. Sankey, re, 114. Saxby v. Thomas, 5. Sayers v. Collyer, 75, 82. Scott, in re, Scott v. Hanbury, 14, 25, 38. Seal, re, Seal r. Taylor, 105. Selwyn r. Garfit, 39. i'. Selwyn. 87. Shardlow v. Cottercll, 1. Shaw v. Bunny, 39. Shenstone & Co. v. Hilton, 66. Shropshire Union Co. v. Reg., 49. Small v. National Provincial Bank of England, 66. Smart, in re, Smart v. Smart, 142. Smith i'. Adams, 134. ,, v. Howden, 59. ,, r. Robinson, 5, 8. v. Wallace, 6. v. Webster, 184. Solomon and Meagher, re, 40. ,, i'. Vintners' Co., 60. South Western Railway Co. v. Blackmorc, 44. Sparrow r. 0. W. & W. R. Railway Co., 3. Spcnce v. Spence, 110. Spencer's Case, 80. Spradberry, re, 41, 109. Spyve v. Topham, 69. Standing v. Bowring, 122. Stanley v. Hayes, 81 . i'. Wliite, 61. Steeds r. Steeds, 40. Stevens -v. Trevor-Garrick, 37. Stevenson r. Mayor of Liverpool, 21, 74, 116. Stogdon v. Lee, 32. Sudeley (Lord) and Baines & Co., re, 119. Sutfield v. Brown, 64. Sunderland, re, 100. Sutherland (Couateseof) c. North- more, 13. TABLE OP CASES CITKD. Taite r. Swinstead, 119. Taiiqueray, in re, Willaume and Landau, 5, 115. Tapley v. Eagleton, 105. Tarback r. Marbury, 123. Taunton r. Peplcr,'86. Tavlor v. Johnston, 121. v. Meads, 30, 34, 35, 99. ., r. Parry, 58. ,, v. Poncia, 117. Teale, re, Teale r. Teale, 119. Tempest r. Tempest, 101. Terry and White's Contract, re, 4,66. Thackeray r. Wood, 77. Thomas r. Jones, 13. Thompson and Holt, re, 92. Thorne r. Thome, 21 , 40, 116. Thornley r. Thornley, 27, 33. Thorpe r. Bestwick, 101. Tindall r. Castle, 82. Todd, Ex parte, 125. Treloar r. Bigge, 91. Trower r. Chadvvick, 60. Tucker v. Vowles, 82. Tudball r. Medlicott, 111. Tulk v. Moxhay, 78, 80. Tweedie and Miles, re, 118, 119. Twigg's Estate, re, 38. Tyrconnell (Earl of) r. Ancaster (Dnke of), 4. Upperton r. Nickolson, 5. Utterton r. Robins, 100. Vansitart, re, EM parte Brown, 125. Vaughan r. Atkins, 134. Venn and Furze's Contract, re, 115. Verry r. Gibbons, 116. Villers r. Beaumont, 122. Vincent v. Vincent, 121. Vowles r. Miller, 60. Waddle v. Wolfe, 8. Wagstaffe r. Wagstaffe, 102. Wale r. Commissioners of Inland Revenue, 97. Want v. Stallibrass, 5. Warburton r. Sandys, 116. Ward r. Buncombe,- 92. r. Ward, 73. Warden &c. Highgate School r. Sewell, 82. Warner, Ex parte, 135. Warner's Settled Estates, 130. Watson r. Pearson, 112. Watts r. Kelson, 63. Webb r. Spicer, 12, 75, 86. Webber v. Stanley, 105. Weeding r. Weeding, 6. Wellesley v. Withers, 136. Wells, re, 25. West r. Wythes, 29. West of England and South Dis- trict Bank r. March, 115. Western r. Macdermott, 75, 83. Westoii r. Savage, 4. Wheate r. Hall, 119. Wheeldon r. Burrows, 64, (35, 87. Wheeler v. Thomas, 102. Whistler, re, 115. v. Paston, 61. Whiston's Estate, re, Lovatt r. Williams, 71. Whitbread i: Jordan, 135, 143. White, re, 41, 109. r. Hay, 91. Whiting and Loames, 94. Whittemore r. Whittemoiv. <>6, 111. Wickham r. Hawker, 65. Wilberforce v. Hearfield, 58. Wild's Case, re, 45. Wilkinson v. Gibson, 31, 37. Wilks, in re, Child r. Bulmer, 20. Williams, re, Foulkes v. Williams, 13, 55. Williams r. Mitchell, 13, 55. v. Waters, 73. Willis, re, Ex parte Kennedy, 42. TABLE OF CASES CITED. Wilmott r. Barber, 75, 83, 93. Wills, re, 41. Wilson v. Hart, 79. ,, r. Leonard, 75. Witham v. Vane, 12. 75, 86. Wood, re, Tullet v. Colville, 119. v. Wood, 12. Woods v. Hyde, 112. Worthington v. Morgan, 93. v. Warrington, 97. Wright and Marshall, re, 118. Wright's Mortgage Trust, 89. Wyatt- White and Ellis. 92. Wylie, re, Wylie v. Moffatt, 1 55, 1 72. Wyman v. Carter, 110. Wythes, re, West r. Wythes, 84. Xenos r. Wickham, 122. Yates, re, Batcheldor r. Yates, 6 Young v. Davies, 101. Younghusband r. Gisborne, 104. Zouch d. Forse ?. Forso, 133. TABLE OF STATUTES REFERRED TO. PAGE 13 Edward I. c. 1 (De Donis Conditionaiibus) 135 27 Henry VIII. c. 10 (Uses) .... 70, 110, 143 13 Eliz. c. 5 122 to 124 27 Eliz. c. 4 - - - 123, 124 29 Car. II. c. 3 (Frauds) - 1, 86 7 Anne c. 20 (Middlesex Registry) - - - 89, 90, 107 11 George IV. 133 1 Will. IV. c. 47 24 1 Will. IV. c. 65 133 3 & 4 Will. IV. c. 74 (Fines and Recoveries Act) Section 2 - 134 Section 5 - 134 Section 15 ----- 45 Section 21 - 135 Section 22 - 45, 135 Section 34 - 45 Section 40 - 31, 45 Section 41 ----- 45 Section 42 ----- 45 Section 46 - - 45, 90, 135 Section 47 - 45 Section 50 - 135 Section 52 - 135 Section 53 - - - 135, 137, 138 Section 54 - - - - - 135 Section 77 - 30, 134, 137, 238 Section 78 - 30. 31 Section 88 - 32 Section 90 - 134 Section 91 - 30 3 & 4 Will. IV. c. 105 (Dower Act, 1833) 34, 134 3 & 4 Will. IV. c. 106 (Act to Amend Law of Inheritance) - 23 6 & 7 Will. IV. c. 32 (Building Societies Act, 1836) - - 17, 18 TAME OF STATUTES REFERRED TO. PAGE 6 & 7 Will. IV. c. 115 (Inclosure Act, 1836) 10 1 Viet. c. 26 (Wills Act, 1837) - 13, 99, 101 , 103, 112 3 & 4 Viet. c. 31 10 8 & 9 Viet. c. 18 (Lands Clauses Consolidation Act, 1845) 25, 43, 77 Section 2 - 52 Section 9 25 Section 13 - 48 Section 45 - 43 Section 52 - 55 Section 77 - 44, 77 Section 82 - 3 Section 92 - % Section 127 43 Section 128 44 Section 131 44, 89 8 & 9 Viet. c. 20 (Railway Clauses Consolidation Act, 1845) 61. <>2 8 & 9 Viet. c. 106 (Real Property Amendment Act, 1845) 12, 31, 75 8 & 9 Viet. c. 112 (Satisfied Terms Act, 1845) 143 10 & 11 Viet. c. 17 ()1 13 & 14 Viet. c. 28 HN 13 & 14 Viet. c. 60 (Trustee Act, 1850) - 139, 140 15 & 16 Viet. c. 55 (Trustee Extension Act, 1852) - 134, 139 16 & 17 Viet. c. 51 (Succession Duty Act, 1853) 128, 12!) 18 & 19 Viet. c. 42 N8 18 & 19 Viet. c. 43 14, 24, 37 20 & 21 Viet. c. 57 (Malms' Act) - 31 20 & 21 Viet. c. 77 (Court of Probate Act, 1857) - 110 20 & 21 Viet c 85 31 35. 37 21 & 22 Viet. c. 95 (Court of Probate Act, 1858) - 110 21 & 22 Viet. c. 108 31, 37 22 & 23 Viet. c. 35 (Lord St. Leonards' Act) Section 1 91 Section 12 - 14,88 Section 14 - 116 Section 16 - in; Section 18 - 116 Section 21 12 TABLE OK ST ATI! TBS BKFKKKED TO. XXV 2-3 & 24 Viet. c. 35 23 & 24 Vicfc. c. 38 23 & 24 Viet. c. 145 25 & 26 Viet. c. 53 25 & 26 Viet. c. 89 25 & 26 Viet. c. 108 27 & 28 Viet. e. 19 31 & 31 & 32 & 33 & 33 & 35 & 37 & 37 & 37 & 37 & 32 Viet. 32 Viet. 33 Viet. 34 Viet. 34 Viet. 36 Viet. 38 Viet. 38 Viet. 38 Viet. 38 Viet. c. 4 c. 40 c. 71 c. 14 c. 23 c. 39 c. 37 c. 42 c. 62 c. 78 38 & 39 Viet. c. 55 38 & 39 Viet. c. 60 38 & 39 Viet. c. 66 38 & 39 Viet. c. 87 39 & 40 Viet. c. 17 39 & 40 Viet. c. 45 40 & 41 Viet. c. 18 41 & 42 Viet. c. 19 41 & 42 Viet. c. 31 42 & 43 Viet. c. 59 44 & 45 Viet. c. 12 44 & 45 Viet. c. 41 (Law of Property Amendment Act, 1860) - (Land Registry Act, 1862) (Companies Act, 1862) (Confirmation of Sales Act, 1862) (Companies' Seals Act, 1864) Section 7 - (Sales of Reversions Act, 1868) - (Partition Act, 1868) (Bankruptcy Act, 1869) (Naturalisation Act, 1870) (Felony Act, 1870) (Naturalisation Act, 1872) (Building Societies Act, 1874) - (Infants' Relief Act, 1874)- (Vendor and Purchaser Act, 1874) Section 1 - - - - Section 2 - Section 4 - Section 5 - Section 6 - Section 8 - Section 9 - (Public Health Act, 1875) (Friendly Societies Act, 1875) PAGE 114 81 117 89, 142 18, 19, 88 63 88 52 27 16 12 20 12 14 18, 132 24 8, 9 9, 46, 50, 84, 85 41, 109 --' 10S 31, 110 106 7 - 2, 20, 58 22, 133 52 89,, 108, 142 27 (Industrial & Provident Societies Act, 1876) - 18, 19, 132 (Settled Estates Act, 1877) - - 25, 130 - 31, 35, 37 (Bills of Sale Act, 1878) 42 20 (Inland Revenue Act, 1881) - - 130 (Conveyancing Act, 1881) 55, 76, 84, 91, 97, 108 (Land Transfer Act, 1875) TABLE OF STATUTES REFERRED TO. PAGE 44 & 45 Viet. c. 41 (Conveyancing Act, 1881) Section 2 - 32 Section 3 - 4, 9, 50 Section 4 - 6 Section 5 - 42 Section 6 - 62,64 Section 17 - 40 Section 21 - 39, 56 Section 27 - 72 Section 30 - 41, 109, 141, 142 Section 32 - 95 Section 34 - 72 Section 40 - - 15, 26, 38 Section 41 - 25 Section 46 - 15,88 Section 49 - 54 Section 50 - 12,33 Section 51 - - 72 Section 55 - - 52, 53, 89 Section 56 - 53 Section 58 - 80 Section 59 - 80 Section 61 - 40, 53 45 & 46 Viet. c. 38 (Settled Land Act, 1882) - 14, 34, 63, 92, 95, 130, 137, 140 Section 2 - - - 28 Section 3 - 28 Section 15 - 28 Section 17 - 120 Section 20 - 28 Section 22 - 29 Section 39 - 29 Section 50 - 28, 29 Section 51 - 104 Section 52 - 29 Section 56 - 117, 118 Section 58 - 8, 36, 45 Section 59 - 25 Section 60 - 25 TABLE OF STATUTES REFERRED TO. PAGE 45 & 46 Viet. c. 38 (Settled Land Act, 1882) Section 61 - 32,37 Section 63 - 119 45 & 46 Viet. c. 39 (Conveyancing Act, 1882) - - 15, 93, 138 45 & 46 Viet. c. 43 (Bills of Sale Act, 1882) - 42 45 & 46 Viet. c. 50 (Municipal Corporations Act, 1882) 20 45 & 46 Viet. c. 75 (Married Women's Property Act, 1882) 27, 36, 73, 99, 133 Section 1 - - 30, 33, 34 Section 2 30, 37 Section 5 - - 30, 32, 134 Section 19 - 30, 37 46 & 47 Viet. c. 52 (Bankruptcy Act, 1883) Section 5 - - - - 43 Section 35 - 16 Section 44 - - 17, 97, 113 Section 47 - - 124, 125 Section 53 - - 132 Section 54 - 90 Section 55 - - 16,98 Section 125 16 47 & 48 Viet. c. 18 (Settled Land Act, 1884) 27, 28 , 36, 117, 119 47 & 48 Viet. c. 54 (Yorkshire Eegistries Act, 1884) 23,89,90, 107,142 47 & 48 Viet. c. 71 (Intestates' Estates Act, 1884) - 23, 24 48 & 49 Viet. c. 26 (Yorkshire Eegistries Act, 1885) 89, 90 50 & 51 Viet. c. 57 (Deeds of Arrangement Act, 1887) 90 50 & 51 Viet. c. 66 (Bankruptcy Closure Act, 1887) 16 50 & 51 Viet. c. 73 (Copyhold Act, 1887) 41, 109, 141 51 Viet. c. 8 (Inland Revenue Act, 1888) 128 51 & 52 Viet, c. 51 (Land Charges &c. Act, 1888) - 90 51 & 52 Viet. c. 59 (Trustee Act, 1888) - 52, 53 52 Viet. c. 7 (Inland Revenue Act, 1889) 129 52 & 53 Viet. c. 45 (Factors Act, 1889) - 66 53 Section 50 - - - - (53 56 & 57 Viet. c. 63 (Married Women's Property Act, 1893) - 35, 100, 102 57 & 58 Viet. c. 30 (Finance Act, 1894) - 1 27 57 & 58 Viet. c. 4(5 (Copyhold Act, 1894) Section 23 - 61, 143 Section 58 ----- 98 Section 84 - 1 39 Section 88 - 141 Section 97 - 142 57 & 58 Viet. e. 47 (Building Societies Act, 1894) - - 1!) ABBREVIATIONS USED IN CITATION OF REPORTS. Abbreviation. Name of Reports. Court. Date. Ad. & El. ... Adolphus & Ellis ... Queen's Bench 1834-1841 Atk Atkyns (temp. Hardwicke) Chancery 1736-1754 B. & C. Barnewall & Cresswell Queen's Bench 1823-183O Beav Beavan Rolls 1840-1857 Bing Bingham Common Pleas 1822-1834 Bing. N. C.... do. (New Ciiscs) do 1834-1840 IJiirr Burrow Queen's Bench 1756-1772 Gary Gary Chancery (Temp.miz.) 1558-1603 Cli. D Law Reports, Chancery Chancery Division, 1875 to pre- Division Chief Judge in Bank- sent date. ruptcy, Appeals there- from, and in Lunacy Co Coke Queen's Bench 1568-1611 Col Collyer V.C.Bruce ... ... 1844-1846 C. 15 Common Bench Reports... Common Pleas 1845-1857 C. B., N. S.... do. (New do 1857-1865 Series) C. P. D. Law Reports, Common Common Pleas Division 1875-1881 Pleas Division and Court of Appeal Cro. Eli/.. Jac. Croke (temp. Eli/.., James Queen's Bench 1581-1641 & Car., or and Charles) Cro. 1,2,3. Cr. & M. ... Crompton & Meeson Exchequer 1832-1834 Do G. F. & J. De Gex, Fisher & Jones . . . Chancery and Bank- 1859-1862 ruptcv Appeals De G. & J. ... De Gex & Jones ... ' do. 1857-1859 De G. J. & S. De Gex, Jones & Smith ... do. 1862-1865. ABBREVIATIONS USED IN CITATION OF REPORTS. Abbreviation. Name of Report .s. Court. Date. De G. & S. ... De Gex & Smale ... V. C. Bruce and V. C. 1846-1852 Parker D. M.& G. ... De Gex, Macnaghten & Gordon Chancery Appeals 1851-1857 Dick Drew Dr. & S. ... Dr. &W. ... East Dickens Drewry, Chancery Reports Drewry & Smale Drury & Walsh East Chancery V. C. Kindersley do. Irish Chancery Queen's Bench 1550-1702 1852-1857 1859-1865 1837-1840 1801-1814 E. &B. Ellis & Blackburn do 1834-1857 Exch. Rep. ... Ex Exchequer Reports Law Reports, Exchequer Division Exchequer Exchequer Division and Court of Appeal 1847-1857 1875-1881 Giff Giffard V.C.Stuart 1857-1865 Ha H. &C. H. &N. ... Hare Hurlstone & Coltman Hurlstone & Norman V. C. Wigram Exchequer do. 1841-1853 1862-1867 1855-1856 Ir. R. Eq. ... Irish Equity Reports Irish Chancery 1838-1848 J. &H. J. &L J. &W. Jur Jur., N. S. ... Johnson & Hemming Jones & Latouche (tc/np. Sugden) Jacob & Walker ... Jurist Reports do. (New Series) V. C. Wood Irish Chancery Chancery All Courts do. 1860-1862 1844-1846 1819-1821 1837-1854 1855-1880 K. &,T. Kay & Johnson V. C. Wood 1854-1857 L. J Law Journal (New Series) All Courts 1831 to pro- sent date. L. R., H. L. ... Law Reports, House of Lords House of Lords 1865-1875 ABBREVIATIONS USED IX CITATION OF REPORTS. Abbreviation. Name of Reports. Court. Date. L. R., Q. B. or Law Reports, Queen's Queen's Bench 1865-1875 Q. B. D. Bench Cases L. R,, App. Law Reports, Appeal House of Lords and 1875topre- Cas. Cases Judicial Committee se'nt date. of Privy Council L. R., Ch. D. Law Reports, Chancery Chancery Division, 1875 to pre- Division Chief Judge in Bank- sent date. ruptcy, Appeals there- from, and in Lunacy L. R., C. P. D. Law Reports, Common Common Pleas Division 1875-1881 Pleas Division and Court of Appeal L. R., Eq. ... Law Reports, Equity Cases 1865-1875 L. R., Ex. ... Law Reports, Exchequer Exchequer Division 1875-1881 Division and Court of Appeal L. R.,Prob.... Law Reports, Probate Probate and Divorce, 1875 to pre- Division also Admiralty and sent date. Ecclesiastical Divi- sions, Privy Council, and Court of Appeal L. T Law Times... All Courts 1843 to pre- sent date. Lev Levinz's Queen's Bench 1660-1696 Lcl. Raym. ... Lord Raymond do 1694-1730 Mac. & G. ... Macnaghten & Gordon Chancery 1849 Madd. & Gel. Maddock & Geldart do. 1821 Mann. & Gr. Manning & Granger Common Pleas 1840-1844 M. & S. Maule & Selwyn ... Queen's Bench 1813-1817 M. &W. ... Meeson & Welsby . . . Exchequer 1836-1847 M. & B. Montagu & Bligh ... Bankruptcy 1832-1838 My. &Cr. ... Mylne & Craig Lord Cottenham and 1837-1848 Sir J. Leach My. & K. ... Mylne & Keen Lord Brougham and 1831-1835 Sir J. Leach N. & P. Neville & Perry ... Queen's Bench 1836-1838 N. R New Reports All Courts 1862-1865 P. Wms. ... Peere Williams Chancery 1695-1734 Phil Phillimore ... ... ... Ecclesiastical ... 1809-1821 Ph Phillips Chancery 1841-1849 ABBREVIATIONS USED IN CITATION OF REPORTS. Abbreviation. Name of Reports. Court. Date. Q. B. or Q. B. D. Q. B. Rep. ... Law Reports, Queen's Bench Cases Queen's Bench Reports ... Queen's Bench do. 1865-1875 1834-1857 Raym. Ld. ... Rep Rob Russ Raymond, Lord Coke Robertson ... Russell Queen's Bench All Courts Ecclesiastical ... Chancery L694-1730 1611-1658 1844-1855 1826-1828 Sc Scott Common Pleas 1834- 184O Sco. N. R. ... Sim Scott's New Reports Simons do. V. C. Shadwell 1840-1845 1826-1848 S. &S Sm. &G. ... Simons & Stuart ... Smale & Giffard ... Chancery Y.C.Stuart 1822-1826 1852-1857 Str Swan Strange ... ' ... Swanston ... Queen's Bench . ... Chancery 1716-1747 1818-1819 Taunt Taunton Common Pleas 1807-1819 T. R Th. Term Reports (same as Durnford & East) Thornton, Notes of Cases Queen's Bench Ecclesiastical ... 1785-1800 1841 - 1 H5O Vern V. or Ves. Sen Yes. Jun. Vernon Yesey, senior (temp. Hard- wicke) Vesey, junior Chancery do. do. 1680-1711 1746-1755 1789-1817 W. X W. R The Weekly Notes (of the Law Reports) Weekly Reporter ... All Courts 1852-1882 Y. & C., Ex. Y. &. C. ... Younge & Collyer... Younge & Collyer. Chan- cery Cases Exchequer, Equity Y. C. Bruce 1834-1840 1841-1844 PART I. CHAPTER I. THE CONTRACT. THE ESSENTIAL POINTS of a Contract are 1. The Names of the Vendor and Purchaser, or a sufficient description of them ; 2. The Consideration ; 3. A Description of the Property (Dart's V. $" P., 6th ed., p. 252) ; and 4. The Signature of the Party to be charged, or that of his authorised Agent (29 Car. II. c. 3, s. 4). " Vendor" is not a sufficient description (Sale r. Lambert, L. R., 18 Eq. I), nor the term "Landlord" (Coombs v. Wilkes, 65 L. T. 56). "The Proprietor" is sufficient; also "the Trustee for Sale" (idem, Rossiter v. Miller, 3 App. Cas. ] 124) ; also " Owner " and " Mortgagee " (Jarrett v. Hunter, 55 L. T. 727). "The property purchased for 420 at the Sun Inn, Paxton, on the above date," was held to be a sufficient description (Shardlow v. Cotterell, 20 Ch. D. 90). A bidder at an auction by the act of bidding impliedly authorises the auctioneer to sign the contract on his behalf, and cannot revoke such authority when the property has NOTES ON PERUSING TITLES. been knocked down to him (1 Prideaux, 1893 ed., p. 4), though an agent authorised to find a purchaser is not authorised to sign a contract (Hamer v. Sharp, L. R., 19 Eq. 108). By The Public Health Act, 1875, s. 174, all contracts made by an urban authority, whereof the value or amount exceeds 50, must be under the common seal of the authority (see Hunt v. Wimbledon Local Board, 4 C. P. D. 48 ; also The Mayor Sfc. of Oxford v. Crow, 69 L. T. 229). An offer may be withdrawn so long as it remains unaccepted, although the person making the offer promises to keep it open for a specified time, such promise being void as a nudum pactum (1 Prideaux, p. 4). Where the con- tract has been effected by correspondence, an acceptance of an offer is complete from the time of posting, but a with- drawal of an offer does not date back to the time of posting, and is not effectual until brought to the mind of the person to whom the offer was made (Senthorn v. Fraser, 66 L. T. 439). Where there is a simple acceptance of an offer to purchase, accompanied by a statement that the acceptor desires that the arrangement should be put into more formal terms, the contract is complete and is not affected by the statement. But if it is intended that something more shall be done than putting the terms of the memorandum into more formal words, as, for instance, a term that the con- tract is to be approved by the solicitors of both parties, this shows that there are to be matters of negotiation to be settled, and until these are settled there is no contract ( Hawkesworth v. Chaffey, 54 L. T. 72; Page v. Norfolk, 70 L. T. 781). The mere statement by a vendor of the lowest price at which he will sell contains no implied contract that he will sell at that price to the person making the inquiry (Harvey v. Facey, 69 L. T. 504). The notice to treat given by a company under the pro- THE CONTRACT. visions of The Lands Clauses Consolidation Act, 1845, fixes the obligation of the company to take and the owner to give up the lands mentioned therein (Adams v. Blackwall Railway Co., 2 Mac. & Gr. 118). Notice to take part only of a house or other building does not amount to an agreement to take the whole, although under the 92nd Section of the Act the owners may, by counter notice, require the company to take the whole or nothing (Richards v. Swansea Improvement Co., 9 Ch. D. 425) ; and thereupon a Court of Equity will restrain the company from taking less than the whole (Sparrow v. 0. W. $r W. R. Railway Co., 2 D. M. & G. 94 ; Dart, 244). On sales to a company under the Act, whether such sales be compulsory or voluntary, the costs of the abstract, in the absence of a condition to the contrary, fall on the company (Section 82). Neither the payment of a deposit on account of the purchase-money nor the delivery of an abstract amounts to a part performance, so as to take the case out of the Statute of Frauds (Fry on Specific Performance, 182). The vendor's duty upon a sale is (subject to any special conditions) to prove his absolute right to convey free from encumbrances (Dart's V. Sf P., 129). There is an exception to this rule in the case of a purchaser having at the time of signing the contract notice of defects in the vendor's title ; but the rule, and not the exception, holds good if the contract . expressly provides that a good title shall be shown (re Gloag $f Miller's Contract, 23 Ch. D. 320; Ellis v. Rogers, 29 Ch. D. 661). Any defect in the vendor's title must, subject to any special condition in the contract, be made good at his expense (re Moody Sf Yates, 30 Ch. D. 344). The condition must clearly state what the defect consists of, or it can be disregarded (St. Saviours Trustees Sf Oyler, 31 Ch. D. 412). So a condition requiring a purchaser to assume what the vendor MOTES OX PERUSING TITLES. knows to be false can be disregarded (re Banister, 12 Ch. D. 131), but not if the vendor believes his assumption to be true (in re Sandbach 8f Edmondsons Contract [1891], 1 Ch. 99). A general condition that the property is sold subject to all easements affecting the same does not exempt the vendor from the obligation of disclosing an easement of which he was aware (Heywood v. Mallalieu, 25 Ch. D. 357). The condition that misdescription shall not annul the sale, but that compensation shall be paid, will apply only to small errors (in re Bey f us fy Masters' Contract, 39 Ch. D. 110 ; re Terry fy White's Contract, 32 Ch. D. 14). Where the particulars of sale stated that the property was let at 30 per year, and it was after- Avards found that the rates and taxes were payable by the landlord, the purchaser was allowed compensation (Bos v. Helsham, L. R., 2 Ex. 72 ; see also Barnes v. Wood, L. R., 8 Eq. 424). A "clear yearly rent" means a rent clear of all outgoings, &c., usually borne by the tenant, but subject to such e.g., land tax as are borne by the landlord (Earl of Tyrconnell v. Duke of Ancaster, 2 V. sen. 500). But a purchaser cannot ask for compensation if he was aware of the fact or defect (Farebrother v. Gibson, 1 D. & J. 602). In the case of leasehold property described as held under a lease, a good title is not made unless the lease is an original lease (in re Bey f us fy Masters' 1 Contract, ante}. Although a purchaser will be deemed to have notice of the contents of a lease unless the terms are onerous and he has not had an opportunity of inspecting same (Reeve v. Berridge, 20 Q. B. D. 523) this will not preclude him from objecting or claiming compensation if the particulars contain any misrepresentation (Weston v. Savage, 10 Ch. D. 736). The Conveyancing Act, 1881, s. 3, s.s. 6, does not relieve the vendor from the obligation of furnishing at his own expense an abstract of all documents forming the several THE CONTRACT. 5 links in his title, whether they be in his possession or not (in re Johnson 8f Tustin, 30 Ch. D. 42; re Moody fy Yates, 30 Ch. D. 344). Time as to delivery of abstract will be held to mean the delivery of a perfect abstract : i.e., an abstract as perfect as the vendor could furnish at the time of delivery (Hobson v. Bell, 8 L. J., Ch. 241 ; Morley v. Cook, 2 Ha. 111). An abstract as delivered is presumed to be perfect, unless the contrary is shown (Gray v. Fowler, L. R., 8 Ex. 249). If the vendor does not deliver his abstract within the time mentioned in the contract, the purchaser need not deliver his requisitions within the limited time (Upperton v. Nickolson, L. R., 6 Ch. 436). A condition limiting the time for sending in requisitions on title does not bind the purchaser where the abstract shows no title at all (Want v. Stallibrass, 8 L. R., Ex. 175). Even when the vendor can show a good holding title, if it is one which the Court would not enforce, the purchaser can still rescind, even though his requisition is not in time (Saxby v. Thomas, 63 L. T. 695, and 64 L. T. 65 ; but see in re Cox fy Neve [1891], 2 Ch. 109 ; see also re Tanqueray, Willaume fy Landau, 20 Ch. D. 465). Ford v. Hill (10 Ch. D. 365) decides nothing more than that every requisition must be specific. A vendor, to the best of his information, is bound to answer all relevant questions put to him. in respect of the property which he has contracted to sell or the title thereto, unless his primd facie liability in this respect is expressly negatived by the conditions (Dart, 167 ; see Smith v. Robinson, 13 Ch. D. 148). Under the condition of sale by which the vendor reserves to himself the right to rescind the contract on returning to the purchaser his deposit without interest and without costs, should the purchaser insist on any requisition, &c., which the vendor is unable or unwilling to comply with or remove, a vendor cannot refuse to answer reasonable requisitions NOTES ON PERUSING TITLES. (in re Dames, 29 Ch. D. 626 ; Mawson v. Fletcher, L. B., 6 Ch. 91). Conditions like this are construed most strongly against the vendor (Bowman v. Hyland, 39 L. T. 90). The vendor must not play fast and loose with a purchaser, but must determine promptly whether he will exercise the power of rescission or not (Smith v. Wallace, 71 L. T. 817). Unpaid vendors are bound, so far as they reasonably can, to keep the premises in the same condition as at the date of the contract (Clarke v. Eamuz, 65 L. T. 657, where a trespasser had removed soil), and, if houses, pro- perly tenanted (Malone v. Henshaw, 29 L. R. Ir. 352 ; see also Phillips v. Silvester, 8 L. B., Ch. 173). A purchaser paid a deposit to the vendor's solicitor as agent for the vendor. The sale went off. Held, That as the solicitor received the deposit as the vendor's agent, he was not liable to repay it to the purchaser (Ellis v. Ooulton, 68 L. T. 144). Where a testator specifically devises freehold property, and afterwards enters into a binding contract to sell the same, the legal estate will pass to the devisee, and can be passed to the purchaser by him, or by the personal representatives of the testator (Conveyancing Act, 1881, s. 4). " Personal representatives " would seem to include an administrator as well as an executor (in re Clay Sf Tetley, 16 Ch. D. 3). In the above case the persons to give a receipt for the purchase-money would be also the personal representatives of the testator, as the contract, by con- verting the land into personalty, revokes, in effect, the devise (Lumsden v. Fraser, 12 Sim. 263). Had the devise been after the contract, the devisee would be the person to give a receipt for the purchase-money (Drant v. Vause, 1 Y. & C. 581 ; Weeding v. Weeding, 1J. & H. 424). By Section 6 of The Settled Land Act, 1890, a tenant for life may make a conveyance to give effect to a contract entered into by a predecessor in title. THE CONTRACT. The results of the cases as to when a purchaser is entitled to rescind are conveniently stated in 1 Prideaux, under the heading " Conditions of Sale," and are (1) If the vendor's misstatement is wilful ; (2) If the effect of making the purchaser complete would . be to put upon him. something constitutionally different from that for which he contracted ; (3) If the misdescription is such that it may be reasonably supposed that but for such mis- description he would not have entered into the contract at all ; and (4) If the misdescription is not capable of com- pensation. Where a blot on the title is purely theoretical and not a practical blot, and the vendor offers to give an indemnity, the purchaser's objection must be considered to be sufficiently answered (re Heaysmans 8f Tweedy 's Contract, 69 L. T. 89). A summons under The Vendors and Purchasers Act, 1874, s. 9, cannot be issued if either the existence or the validity of the contract is disputed (see re Hargreaves fy Thompson, 32 Ch. D. 454). NOTES ON PERUSING TITLES. CHAPTER II. ROOT OF TITLE. WHERE FORMAL CONTRACT. ALTHOUGH the date of the commencement of the title is fixed by the contract, there is nothing to prevent the purchaser from showing aliunde that the earlier title is bad (Jones v. Watts, 43 Ch. D. 574; Else v. Else, L. R., 13 Eq. 196 ; Waddel v. Wolfe, L. R., 9 Q. B. 515 ; Smith v. Robinson, 13 Ch. D. 148). But the purchaser cannot take the initiative and obtain rescission if the conditions expressly provide that the prior title shall not be required, investi- gated, or objected to, unless he can show that the vendor knew that he could not convey what he contracted to do, and so, in concealing it, was guilty of fraud (in re National Provincial Bank of England Sf Marsh, 71 L. T. 629). But the purchaser could successfully resist an action for specific performance. A purchaser is not bound to accept a title commencing with a voluntary settlement, unless the nature of the deed is stated in the contract (in re Marsh Sf Earl Granville, 24 Ch. D. 11). See also remarks under the next heading. IN OPEN CONTRACT. Freeholds and Copyholds. Forty years' title can be asked for in the case of freeholds and copyholds (Vendors and Purchasers Act, 1874, s. 1). Leaseholds. In the case of leaseholds, the purchaser is entitled to an abstract of the lease, though more than sixty years old (Frend v. Buckley, L. R., 5 Q. B. 213), and forty years' title back from date of purchase (Vendors and Purchasers Act, 1874, s. 1). If the lease is a recent one, BOOT OF TITLE. 9 unless the lessor's title is well known, the purchaser should, if he can by any means do so, inspect it, as the lessor's qualified covenant for quiet enjoyment gives no remedy, even against the lessor personally, for an eviction by title paramount (Line v. Stephenson, 6 Bing. N. C. 183). A lessee from the freeholder, although, by reason of the provisions of The Conveyancing Act, 1881, he cannot ask to inspect the lessor's title, still has constructive notice thereof (Patman v. Harland, 17 Ch. D. 353). The title of the lessor to the freehold cannot, of course, be asked for (Vendors and Purchasers Act, 1874, s. 2) ; but it seems that in the case of property held on underlease the title to the leasehold reversion can be asked for, and that the words " leasehold reversion " in The Conveyancing Act, 1881, s. 3, refer to the reversion to the lease out of which the sub-lease is granted (Gosling v. Woolf, 68 L. T. 89 ; see also Conveyancing Act, 1881, s. 13). On the sale of renewable leaseholds, if the existing lease states, as com- monly happens, the surrender of a former lease as part of the consideration for the demise, the purchaser may call for the title to the former lease up to forty years before the sale (Hodgkinson v. Cooper, 9 Beav. 304) ; for, supposing the renewal to have been obtained by a trustee, it would inure for the benefit of all who were beneficially interested in the former lease (1 Byth. Sf Jar., 69). Appointment. If the appointment is forty years old, probably the purchaser could not ask for the instrument creating power (Conveyancing Act, 1881, s. 3, s.s. 1). Reversionary Interest. Purchaser can ask for abstract of document creating, and forty years' title back (Vendors and Purchasers Act, 1874, s. 1). An inclosure award does not seem to be a good root of title, as it is not conclusive as to the title of the allottee (Jacomb v. Turner [1892], 1 Q. B. 47) ; except where the case falls within the General Inclosure 10 NOTES ON PERUSING TITLES. Act (6 & 7 Will. IV. c. 115) or 3 & 4 Viet. c. 31, which provide that awards made thereunder shall be conclusive as to the title of the allottee (Dart, 187) ; and except the award is an old one. Where an award has been acted on for a great number of years without dispute, the Court will not consider whether the award was or was not originally ultra vires (Micklethwait v. Vincent, 69 L. T. 57). Possessory Title. An agreement to accept a possessory title merely points to the evidence by which it is to be supported, and the vendor is still bound to prove forty years' possession (Douglas v. L. Sf N. W. Railway Co., 3 K. & J. 173) ; and it would seem that a title founded on parol evidence of adverse possession under the Statute of Limitations would be forced on a purchaser (Sands to Thompson, 22 Ch. D. 614; Games v. Bonnor, 33 W. R. 64). Subsequent acknowledgment will not restore a title which has once been barred (Sanders v. Sanders, 19 Ch. D. 373). Devise. Where the title commences with a general devise, the testator should ask for proof of testator's seizin, but, it seems, not where the title commences with a specific devise (1 Preston on Abstracts, 17). It was held by Vice-Chancellor Malins (Bolton v. London School Board, 38 L. T. 277) that a recital of the vendor's seizin contained in a deed twenty years old was sufficient, and that a forty years' title could not be asked for. Although the decision has not yet been distinctly overruled, it seems to be the general opinion that it was wrongly decided. See more fully as to this under heading " Recitals." Whether a purchaser can as a matter of right, unless precluded by condition, claim to inspect the earlier title deeds than those abstracted seems doubtful ; but the better opinion is that, as they clearly constitute part of the title, he is entitled to inspect them, though at his own expense (Dart, 105). THE VARIOUS PARTS OF A DEED. 11 PART II. CHAPTER I. THE VARIOUS PARTS OF A DEED. DATE OF DEED. A DEED is good although it bears no date, or bears an impossible date or a false date, provided the real date of its delivery can be proved (Goddard's Case, 2 Rep. 4 6). Until the time of Edward II. and Edward III. deeds bore no date (Elpliinsiones Interpretation of Deeds, 122). A deed takes effect from the time of its delivery, and not of its date (Clayton's Case, 5 Rep. 1), and evidence is admissible to prove the date of delivery (idem). A deed is not vitiated by filling in a proper date after its execution (Keanev. Smallbone, 17 C. B. 179). Where two deeds relating to the same subject matter are executed on the same day i.e., a conveyance and mortgage the Court will presume that they were executed in such an order as to give effect to the manifest intention (Gartside v. Silkstone $ Dodworth Coal Iron Co., 21 Ch. D. 762). PARTIES. Generally. When a person or corporation is once properly described, a subsequent error in referring to the name is immaterial, 12 NOTES ON PERUSING TITLES. unless it be from uncertainty, by producing a doubt as to who is the grantor or grantee (1 Pres. 62), and evidence may be adduced to correct an erroneous description of the parties (1 Dav. Free. 41), or to identify the parties: i.e., where a firm is made a party, evidence is admissible to show who constituted the firm at that date (Carruthers v. Sheddou, 6 Taunt. 14). Since October 1, 1845, a person has been able to take an interest in land under an indenture without being a party thereto (8 & 9 Viet. c. 106, s. 5). An assignment of leasehold property by the owner to himself and another after 1859 is good (22 & 23 Viet. c. 35, s. 21); and a conveyance of freehold property by the owner to himself and another after 1881 is good (Conveyancing Act, 1881, s. 50). Before those dates the effect of the assignment or conveyance was to pass the whole estate to " the other." These Acts do not authorise an assignment or conveyance by a person to himself alone (Sweet's Concise Precedents, 704). A party who takes the benefit of a deed is bound by it, though he does not execute it (Webb v. Spic-er, 13 Q. B. 886; and see Witham v. Vane, 44 L. T. 718). See also " Voluntary Settlements," Part III., Chapter IV., post. Aliens. Since 1870 an alien has been able to buy, hold, and sell land in the same manner as a natural-born subject (33 Viet, c. 14, s. 2 ; 35 & 36 Viet. c. 39). Appointment (Donee under Power o/). The donee of a general power of appointment has the same power of disposition as a tenant in fee simple, and can .even appoint to himself or his wife (Wood v. Wood, L. R., THE PARTEKS TO A DKEP. 13 10 Eq. 220) ; but the donee of a special power can only appoint in. favour of the objects of the power (Sugden on P. 507), and can only create such an estate as would have been valid if inserted in the document creating the power ; for each estate created by the appointment will be read into the deed creating the power, and be invalid or valid as it infringes or does not infringe the rule against perpetuities accordingly (re Brown Sf Sibly's Contract, 3 Ch. D. 156). There must also be some reference to the power or pi'operty, except in the case of a general power exercised by will (1 Viet. c. 26, s. 27; re Williams, Foulkes v. Williams, 42 Ch. D. 93; Williams v. Mitchell [1891], 3 Ch. 474; in re Hardmans Trusts, 31 L. R. Ir. 87). The words "and in exercise of every other power enabling me in this behalf " are not a sufficient reference, unless the special power previously recited (in re Porter's Settlement, Porter v. De Quetteville, 63 L. T. 431). But the exception does not hold where the deed requires the power to be referred to (Phillips v. Cayley, 43 Ch. D. 222 ; see also re Brace [1891], 2 Ch. 671). A power to appoint by deed is not duly exercised by will, and vice versa ; but a Coui't of Equity will, in certain cases, aid a defective execution of a power if the defect consists merely of the non-observance of some formality, but not if such formality be positively required by the legislature (Dart, 946). An appointment which, by the terms of the power, can only take effect on a contingency, may, nevertheless, be made before the contingency happens (Co. of Sutherland v. Northmore, 1 Dick. 56) ; but where there is a contingency as to the person who is to exercise the power, an appointment by anticipation cannot be supported (Doe v. Tomkinson, 2 - M. & S. 165 ; but see Thomas v. Jones, L. R., 32 Ch. 139). The old doctrines and rules, which invalidated any appointment under a power which excluded some of the objects of the 14 NOTES ON PERUSING TITLES. power, were abrogated by 37 & 38 Viet. c. 37 (Sweet's Concise Precedents, 92). It must also be borne in mind that an appointment under a power cannot be revoked unless power to revoke be reserved to donee of power (idem). A trustee in bankruptcy cannot exercise the bankrupt's general power of appointment after the bankrupt's death \Nichols to Nixey, 29 Ch. D. 1005). A married woman adjudicated a bankrupt cannot be compelled to execute a deed exercising a power of appoint- ment in favour of the trustee (Ex parte Gilchrist, 17 Q. B. D. 167, 521). Any power (except the powers of a life tenant under the Settled Land Acts, 1882 to 1890) can now be disclaimed by deed (Conveyancing Act, 1892, s. 6). An infant can exercise a power of appointment if not coupled with an interest (re D'Angibau, 15 Ch. D. 228), and, by Section 1 of 18 & 19 Viet. c. 43, an infant can, with the sanction of the Court, in. exercising a general power of appointment for the purpose of making a settlement on his marriage, make an absolute out-and-out appointment, so that on the failure of the limitations of the settlement, the appointed property will become his own. The appointment will stand even though he die under the age of twenty-one, except in the case of an infant tenant in tail (in re Scott, Scott v. Hanbury [1891], 1 Ch. 298). See also remarks under heading " Wills Generally," Part III., Chapter I., post. Deeds made in exercise of a power must be attested, if the instrument creating the power so directs. Since August 13th, 1859, it has been sufficient if the deed is executed in the presence of and attested by two witnesses, notwithstanding that the instrument directs other formalities to be observed (22 & 23 Viet. c. 35, 8. 12). THE PARTIES TO A DEED. 15 Attorney under Power of Attorney. When purchasing from an attorney the purchaser should be satisfied that the power has not been revoked by the death of the person giving the power, or otherwise, unless the case is covered by Sections 8 and 9 of The Conveyancing Act, 1882, which provide that in the case of a power given after 1881, for value and expressed to be irrevocable, and also, whether given for value or not, if expressed to be irrevocable for a fixed time, not exceeding one year, evidence of non-revocation need not be asked for. The execution of a power is an act of a personal nature, and cannot be delegated to other persons as trustees (3 Prest. 67). A trustee can execute a deed by an attorney, and can empower that attorney to receive trust money ; and Section 17 of The Trustee Act, 1893, will protect a person in paying money to a person so authorised to act. But the power must be specially given, and must refer to the particular transaction. A general power of attorney authorising a person to execute deeds and transfer property, although given in the widest terms, is not sufficient (re Hetling ty Mertons Contract, 69 L. T. 267 ; see also Day v. Woohvich Equitable Building Society, 60 L. T. 752). By Section 40 of The Conveyancing Act, 1881, a married woman can now appoint an attorney, even though an infant ; and by Section 46 of the same Act an attorney can now execute a deed in his own name. Powers of attorney must be construed strictly, and it must be shown that, on a fair construction of the whole instrument, the authority in question is conferred in express terms, or by necessary implication (Bryant, Powis $* Bryant v. Bank du Temple, 68 L. T. 546 ; see also Hawksley v. Outram, 66 L. T. 765). The purchaser should therefore ask for an abstract of the power, to see that the 16 XOTES ON PKRUSTNG TITLES. execution of the deed was authorised by the power (Danby v. Coutts, 29 Ch. D. 500). Bankrupts. Under The Bankruptcy Act, 1869 (January, 1870, to December, 1883), a bankrupt's freeholds, copyholds, and leaseholds vested in the Registrar until a trustee was appointed, when they passed to him ; and any estates vested in trustees after 1883 passed to the official receiver having jurisdiction. All bankruptcies under this Act became closed on the 31st December, 1887 (50 & 51 Viet. c. 66, s. 3). Under the Act of 1883, a bankrupt's property vests, on adjudication (Rhodes v. Dawson, 16 Q. B. D. 548), in the official receiver until a trustee is appointed, when it passes to him ; but a receiving order alone does not divest the debtor's property (idem). An order for administration in bankruptcy of a deceased debtor's estate vests the estate in the official receiver (Section 125). On annulment of bankruptcy property reverts back to the bankrupt (Section 35), unless the Court appoints some other person in whom it is to vest (Metcalfe v. Metcalfe, 65 L. T. 426). A disclaimer by the trustee of leaseholds determines the interest of the bankrupt therein, but does not affect the rights of any other person ; but the Court has power to vest the property in any person interested therein, and to exclude any mortgagee or sub-lessee declining to accept a vesting order (Section 55 ; re Finley, 21 Q. B. D. 475). The right under the Section extends to freeholds. Jessel, M. B., seemed to be of opinion that upon a disclaimer of freeholds the estate would vest in the Crown (re Mercer Sf Moore, 14 Ch. D. 287). A trustee cannot exercise the bankrupt's general power of appointment after the bankrupt's death THE PARTIES TO A DEED. 17 (Nicols to Nixey, 29 Ch. D. 1005) ; and a married woman adjudicated a bankrupt cannot be compelled to execute a deed exercising a power of appointment in favour of the trustee (Ex parte Gilchrist, 17 Q. B. D. 167, 521). Where trustees were empowered to sell real estate with the consent of the tenant for life who was bankrupt, Held, That the concurrence of the trustee in bankruptcy was necessary to make a title (in re Bedingfield and Herring, 68 L. T. 634). An undischarged bankrupt cannot, as against the trustee, convey real estate acquired after the bankruptcy even to a bond fide purchaser for value, and even though the trustee has not intervened (in re New Land Development Association and Fagence, 66 L. T. 694). The proposition laid down in Cohen v. Mitchell (25 Q. B. D. 262) was not intended to apply to real estate (ibid.). A husband can effectually concur in his wife's acknow- ledged deed, although he is an undischarged bankrupt (re Jakeman, 23 Ch. D. 344), and bankruptcy does not divest him of estate held as trustee (Bankruptcy Act, 1883, s. 44). But the Court of Chancery can, if it thinks fit, whether he consents or not, remove him, appoint another in his place, and vest the property in such new trustee (Trustee Act, 1893, ss. 25, 26 and 32; Eudall 8f Greig's Trustee Act, 1893, 96, 102, and 116). As to the effect of bankruptcy on a voluntary settlement see " Settlements," Part III., Chapter IV., post. Building Societies. Registered under the 1836 Act (6 & 7 Will. IV. c. 32). The purchaser should see that the statutory receipt is in the form given in the rules of the society, and that it is signed by the trustees named in the mortgage, or the survivors or survivor of them, or the trustees for the time being of the society (Section 5). He should therefore ask 18 NOTES ON PERUSING TITLES. for copy of the minutes showing the appointment of new trustees from the date of the mortgage deed. Registered under the 1874 Act (37 & 38 Viet. c. 42). The purchaser should see that the statutory receipt is in the form given in the Schedule to the Act, and that it is sealed with the society's seal, according to the formalities provided by the rules (Section 16), and countersigned by the secretary (Section 42). He should, therefore, ask for the production of the certificate of incorporation and rules. Registered under The Industrial and Provident Societies Act, 1876 (39 & 40 Viet. c. 45). This Act was repealed by The Industrial and Provident Societies Act, 1893, but the provisions as to statutory receipt are re-enacted by Section 43. The purchaser should see that the statutory receipt is under the hands of two members of the committee of the society, and countersigned by the secretary in the form contained in the Third Schedule to the 1893 Act, or in any other form specified by the rules of the society or any schedule thereto. The effect of a statutory receipt under any of the above Acts is to vest the estate in the person best entitled to call for it, who is generally the person paying off the mortgage, and not, therefore, necessarily the next incumbrancer in point of time (Sangster v. Gochrane, 28 Ch. D. 298, and cases therein cited; and Carlisle Banking Co. v. Thompson, 28 Ch. D. 398). The general orders, rules, and forms in the Chancery Division regulating the mode of proceeding under The Companies Acts, 1862 and 1867, apply to the winding up of a society registered under The Building Societies Act, 1874, and The Industrial and Provident Societies Act, 1876 (County Court Rules, 1889, Order 42). See also under heading " Companies," post, and re Bowling fy Wilbifs Contract (72 L. T. 18). THE PARTIES TO A DEED. 19 Building Societies ai*e now prohibited from advancing money on a second mortgage (Building Societies Act, 1894, s. 13). Where a society is wound up under a deed of dissolu- tion, the estate does not pass to the liquidators without a conveyance. It is very questionable whether the provisions as to statutory receipts apply at all after the commencement of the winding up of a society registered under the 1874 Act, though there does not seem to be any decision on the point. The Industrial and Provident Societies Act, 1893, specially provides for the liquidators, described as such, signing statutory receipts (Section 45). Companies ( Trading ) . The purchaser should ask to see the Memorandum and Articles of Association of a joint stock company, to ascertain that they do not contain any clauses limiting its power of buying and selling (re Patent File Co., L. B., 6 Ch. 83 ; Jordan's Handy Book on Companies, 18th ed. [1895], 97, 157), and also that the common seal has been affixed in accordance with the formalities therein directed. Winding Up. Neither an order for winding up a company by the Court, nor an order for winding up under its super- vision, nor a voluntary winding up, divests the company of its property. The liquidator sells for the company, but its seal should still be used (25 & 26 Viet. c. 89, s. 95). All the liquidators should join in the deed (re Ebsworth and Tidy, 42 Ch. D. 23) ; and before 1891 the consent of the Court to the sale was required in the case of a winding up by the Court (53 & 54 Viet. c. 63). See also under headings " Corporations " and " Railway Companies," post. 20 NOTES ON PERUSING TITLES. Convicts and Outlaivs. A conviction for treason or felony has not, since The Forfeiture Act, 1870 (33 & 34 Viet, c. 23), caused forfeiture, but the convict is incapable of alienating so long as he has not completed his sentence or received pardon. Outlawry still causes a forfeiture to the Crown of the outlaw's property (idem), except outlawry in civil proceedings (42 & 43 Viet, c. 59, s. 3). Trust and mortgaged estates are not affected by the trustee becoming a convict (Trustee Act, 1893 T s. 48). As to the power of the Court to appoint a new trustee in substitution for a convict trustee, and to make a vesting order on the appointment of such new trustee, see Trustee Act, 1893, ss. 25, 26, and 32 ; see also Rudall Sf Greig's Trustee Act, 1893, 96, 102, and 152. Corporations. Under The Municipal Corporations Act, 1882 (45 & 46 Viet. c. 50), a municipal corporation has power (Section 105) to purchase land not exceeding five acres for certain specific purposes; and by Section 107, where a municipal corporation has not power to purchase or acquire land, a purchase may be effected with the approval of the Treasury. Under The Public Health Act, 1875, any local authority may (Section 175), for the purposes and subject to any provisions of the Act, purchase any lands, whether situated within or without their district (5 Bytheivood 8f Jarman, 4th ed. r 84, 85). As to the question of "Mortmain" and the power of charities to purchase and hold land, see 4 Bythewood 8f Jarman, tit. " Mortmain." Grants by corporations must be by deed under their common seal, but the deed does not require delivery (Co. Litt., 36 a [5]). But if the order for THE PARTIES TO A DEED. 21 affixing the seal be accompanied by a direction to the clerk to retain the deed until certain acts are done, the deed will not operate immediately (Derby Canal Co. v. Wilmot, 9 East. 360). Curtesy (Tenant by the). See " Married Women." Devisee of Leaseholds. If the devise is a recent one, the purchaser should ask that the executor should expressly assent to the bequest; bat this may be dispensed with if the bequest is one under a will of long standing (2 Davidson's Conveyancing, Part 2, 1881 ed., 468). Generally, the allowing the life tenant to take the rents amounts to an assent to the bequest in remainder (Stevenson v. Mayor of Liverpool, 31 L. T. 673). But the assent will not be presumed merely from the fact that the executor made payments for the benefit of the legatee out of the rents of the leaseholds, which he received together with other moneys derived from the testator's estate, such payments not having been made specially out of or on account of the rents of the leaseholds (Thome v. Thome, 69 L. T. 378). A covenant in a lease not to assign or underlet without the lessor's consent will not prevent a bequest by will (Doe d. Beavan, 3 M. & S. 353). Executors and Trustees. See "Wills," Part III., Chapters I. to III., post. Friendly Societies. A friendly society may (if the rules thereof so provide) hold or purchase land in the names of the trustees, and may sell or mortgage the same. No purchaser or mortgagee 22 NOTES ON PERUSING TITLES. shall be bound to inquire as to the authority for any such sale or mortgage, and the receipt of the trustees shall be a good discharge (Friendly Societies Act, 1875, s. 16, s.s. 2). But a benevolent society must not hold land exceeding one acre in extent at any one time (idem). Upon the death, resignation, or removal of a trustee the property vested in such trustee vests in the succeeding trustees, either solely or together with any surviving or continuing tmistees, and, until the appointment of succeeding trustees, in such surviving or continuing trustees only, or in the executors or administrators of the last surviving or con- tinuing trustee, as personal estate (whether the same be real or personal), subject to the same trusts, without conveyance or assignment (Sub-section 4). The trustees may act as such before the resolution as to their appointment has been sent to the Registrar under Section 14, Sub-section b (Beckett r. Willett, 5 W. R. 622). Where a change of trustees appears on the title, the purchaser should ask for production of the book containing the minute of the appointment of the new trustees, and the receipt of the Registrar of Friendly Societies for the notice of appointment sent to him. On payment off of a mortgage, a receipt under the hands of the trustees, countersigned by the secretary, in the form contained in the Schedule to the Act, or in any form specified by the rules of the society or any schedule thereto, for all moneys secured to the society by any mortgage or other assurance, such receipt being endorsed upon or annexed to such mortgage or other assurance, vacates the same, and vests the property therein comprised in the person entitled to the equity of redemption of the same, without re-conveyance or re-surrender (Section 16, Sub-section 7). As to the effect of a statutory receipt see ante, under title " Building Societies ; " also Fourth City Mutual Building Society v. Williams (L. R., 14 Ch. D. 140), THE PARTIES TO A DEED. 23 Sangster v. Cochrane (28 Ch. D. 298), and Carlisle Banking Co. 'v. Thompson (28 Ch. D. 398). Heirs-at-Laio and Co-Heiressee. The purchaser should ask for a statutory declaration, with certificates of marriages, births, and deaths, and identification. If letters of administration were not taken out to deceased's estate, he should also ask for a declaration that the deceased has not made a will. If the property is in Yorkshire an affidavit of intestacy should be registered at the Registry of Deeds (Yorkshire Registries Act, 1884, Section 12). See also Part III., Chapter I. The purchaser should also particularly bear in mind that the descent is traced, not from the last person seized, but from the last person seized who did not inherit (3 & 4 Will. IV. c. 106, ss. 1 and 2). An heir-at-law cannot disclaim ( Williams' Real Property, 17th ed. [1892], p. 81). Co-heiresses hold in coparcenary, and each can dispose of her share by deed or will. If one daughter should die in the lifetime of her father, her issue, if any, take, by representation, the share which she would have taken if she had survived her father (Challis's Real Property, 1892 ed., 342). On intestacy there is no right of survivorship, bat each part descends to the respective issue by right of representation, but according to the ordinary canons of descent (Williams' Real Property, Appendix, 599 to 612 ; Cooper v. France, 14 Jur. 214). An estate in coparcenary is dissolved by the alienation of one parcener, and changes the estate into a tenancy in common (2 Cruise T. 19, paragraphs 11, 33). If a person dies without an heir and intestate, there is an escheat (Intestates Act, 1884, s. 4) ; also where a person 24 NOTES ON PERUSING TITLES. leaves a will (if there is no heir) if the trusts are incapable of being executed (Section 7). Infants. An infant has 110 power of disposition by will, but his conveyance is only voidable ; and if it is for his benefit he can either avoid or ratify the same on attaining his majority (Burnaby v. Equitable fyc. Society, 28 Ch. D. 416; Carter v. Silber, 66 L. T. 473, affirmed on appeal under the name of Edwards v. Carter, 69 L. T. 153). But such conveyance becomes binding if not repudiated within a reasonable time after his attaining his majority (idem; in re Jones, Farrington r. Forrester, 69 L. T. 45). If the infant die, however, while the instrument is still voidable, his heir may elect to repudiate it (Williams 1 Real Property, 271). The Infants' Belief Act, 1874, does not say that the convey- ance of the parcels is void, but only the contract. Where an infant executed mortgages, Bonier, J., held that, as the contracts therein contained for repayment of money not lent for his benefit would be void, the assurance of his estate to secure such money would also be void, as it could not be for his benefit to have the assurance enforced to secure void covenants (in re Foulkes, Foulkes v. Hughes, 69 L. T. 183). An infant can exercise a power if not coupled with an interest (re d'Angibau, 15 Ch. D. 228). With the sanction of the Court he can also make a valid conveyance for payment of his debts (1 Will. IV. c. 47), and a valid settlement on marriage (18 & 19 Viet. c. 43). Section 1 enables an infant, in exercising a general power of appointment for the purpose of making a settlement upon his marriage, to make an absolute out-and-out appoint- ment, so that on the failure of the limitations of the settlement the appointed property will become his own. THE PARTIES TO A DEED. 25 The appointment will stand even though he die under the age of twenty-one, except in the case of an infant tenant in tail (in re Scott, Scott v. Hanbury [1891], 1 Ch. 298). A marriage settlement made by an infant without the leave of the Court is not void, but only voidable ; and if it is for the benefit of the infant, like any other conveyance by an infant, it becomes binding if not repudiated within a reasonable time of the infant attaining majority (Edwards v. Carter, ante ; Farrington v. Forrester, ante ; Duncan v. Dixon, L. B., 44 Ch. D. 211), and, if the infant is a married woman, it seems, without acknowledgment (re Hodson, Williams v. Knight, 71 L. T. 77). The editors of Laiv Notes raise a doubt as to whether the effect of the provisions of The Settled Land Act, 1882, is to take away the power of an infant to convey his lands of gavelkind tenure by feoffment under the custom of gavelkind (Law Notes, March and December, 1894). By Sections 59 and 60 of The Settled Land Act, 1882, where an infant is absolutely entitled to property, the trustees of the settlement may sell (see re Duke of Newcastle's Estate, 24 Ch. D. 129 ; re Countess of Dudley's Contract, 35 Ch. D. 338) ; and if there are no trustees, the infant's guardian or next friend may apply to the Court to appoint a person to do so (see re Wells, 48 L. T. 859). See also under heading " Life Tenant," post. As to when an infant's guardian can sell his land under The Settled Estates Act, 1877, see Section 41 of The Con- veyancing Act, 1881 ; also re Liddell (52 L. J., Ch. 207). Special powers are given by The Lands Clauses Consolida- tion Act, 1845, enabling infants to sell land to the promoters of an undertaking authorised by any special Act in which the principal Act is incorporated. The infant has no power to fix a price, which must be settled by arbitration or valuation (Section 9). 26 NOTES ON PERUSING TITLES. A power of attorney given by an infant, except a married woman infant (Conveyancing Act, 1881, s. 40), is absolutely void (8 Co. 45 a). A Court of Equity will protect a purchaser who has been induced to deal with an infant by his express mis- representation that he was of full age (Ex parte Jones, 18 Ch. D. 109), unless the purchaser was aware of the fraud being practised on him (Inman v. Inman, L. B., 15 Eq. 260). As to passing property vested in an infant, trustee, or mortgagee by a vesting order see Trustee Act, 1893, ss. 26- and 28 (Budall fy Greig's Trustee Act, 1893, 102 and 108). Joint Tenants. A conveyance by a joint tenant (2 Prest. 58), and, in Equity, a contract for the sale of his share to a stranger, will sever the tenancy (Kingsford v. Ball, 2 Giff. Ap. 1) ; so a lease for years by one joint tenant severs the tenancy if the property is leasehold (but see in re Wilks, Child v.. Buhner [1891], 3 Ch. 59), but not if it is freehold (2 Prest. 58 to 60). The act of a joint tenant to amount to a severance must be such as to preclude him from claiming by survivor- ship any interest in the subject matter of the joint tenancy (in re Wilks, Child v. Bulmer, ante). A conveyance, there- fore, from one joint tenant to another is always more satisfactory than a release, as the latter would not be sufficient to transfer the estate if the joint tenancy had previously been severed, though, theoretically speaking, where there has been no severance a release is the correct form of document, as the whole estate is already supposed to be vested in each joint tenant. If there are three or more joint tenants, and one of them severs the joint tenancy, the remaining share will still be held in joint tenancy (2 Prest. 60). On the death of the THE PARTIES TO A DEED. 27" tenant while the joint tenancy continues the estate will devolve on the survivor (2 Prest. 66) ; but in the case of property conveyed to partners as joint tenants, the surviving partner must account for the share of the deceased partner (Dart's Vendors and Purchasers, 94 ; Partnership Act, 1890 T s. 20, s.s. 2). If land be conveyed to purchasers, not other- wise in partnership, as joint tenants, but for the purpose of a joint speculation, there is no survivorship in Eqiiity (Darby v. Darby, 3 D. 495 ; Partnership Act, 1890, s. 20, s.s. 3). Where the purchase is made by several persons and paid for by them in unequal shares, they become tenants in common in Equity, although the legal limitations be to- them as joint tenants (Lake v. Craddock, 3 P. Wms. 158). After 1883 a grant to a husband and wife creates a joint tenancy, but before that date a tenancy by entireties, the consequence of which was that if a limitation was made to a husband, wife, and a stranger, the husband and wife took one moiety only, and the other person the remaining moiety (re March, 27 Ch. D. 166; re Jupp, 39 Ch. D. 148). Where land was conveyed to a husband and wife before The Married Women's Property Act, 1882, in such a way as,, if they were not married, it would constitute them joint tenants, a decree absolute for divorce made their holding a joint tenancy (Thornley v. Thornley, 68 L. T. 199). One of several joint tenants can compel a sale by a partition suit (31 & 32 Viet. c. 40, ss. 3, 4, 5, and 7, amended by 39 & 40 Viet. c. 17 ; Beckett v. Sutton r 19 Ch. D. 646). As to joint account clause in mortgages see " Mort- gagees " and " Habendum (Words of Limitation)," post. Life Tenant under The Settled Land Acts, 1882 to 1890. If the land is not subject to a trust for sale (Settled Land Act, 1884, s. 7), a life tenant in possession may NOTES ON PERUSING TITLES. sell settled .land, and can pass the legal estate, subject of course to prior estates, although he has himself only an equitable estate (Settled Land Act, 1882, ss. 2, 3, 20, and 50), but not the principal mansion house and land occupied therewith, without the consent of the trustees of the settlement or of the Court (Section 15). A house usually occupied as a farmhouse, the site and lands attached to which do not exceed twenty-five acres in extent, is not to be deemed a principal mansion house (Settled Land Act, 1890, s. 10). If the land is subject to a trust for sale, a life tenant cannot sell without the consent of the Court (Settled Land Act, 1884, s. 7). One month's notice must be given to the trustees of the settlement previous to sale (Section 45). If there are no trustees the Court can appoint them (Section 38 ; re Harrop's Trusts, 24 Ch. D. 717). All the provisions of The Trustee Act, 1893, as to appointment of new trustees are to apply to trustees for purposes of The Settled Land Acts, 1882 to 1890 (Trustee Act, 1893, s. 47; Eudall $ Greigs Trustee Act, 1893, 151). The notice required to be given by Section 45 (ante) of intention to sell may be a notice of a general intention in that behalf (Settled Land Act, 1884, s. 5). The trustees may also by writing under their hand accept less than a month's notice or waive altogether a notice being given (Settled Land Act, 1884, s. 5, s.s. 3). A purchaser dealing in good faith is to assume that the provisions of the Act have been complied with (Section 54 ; Duke of Marlborough v. Sartoris, 32 Ch. D. 616). The fact of there being 110 trustees is not a defect in title, and does not affect a purchaser dealing in good faith, notwithstanding that he may have constructive notice of the facts (Mogridge v. Clapp, 66 L. T. 558). A sale of land may be made with or without an exception or reservation of mines or minerals (Section 17). THE PARTIES TO A DEED. 29" Any attempt to prohibit or limit the power .of a tenant for life to sell will be void (Settled Land Act, 1882, ss. 50 and 52 ; re Chaytor, 25 Ch. D. 651 ; re Paget, 30 Ch. D. 161 ; re Atkinson, 31 Ch. D. 577 ; re Ames, Ames v. Ames,. 62 L. J., Ch. 685). The power to sell is not suspended during an administration action {Cardigan v. Curzon-Howe,. 30 Ch. D. 531). The purchase money has to be paid to the trustees or into Court at the option of the life tenant (Settled Land Act, 1882, ss. 22 and 39 ; see re Orme and Hargreaves, 25 Ch. D. 595). As to who are trustees see Section 16 of The Settled Land Act, 1890. A tenant for life can purchase part of the estate. But The Settled Land Act, 1890, provides that in such a case the trustees of the settlement shall stand in the place of and represent the tenant for life (Section 12). The powers given by The Settled Land Act, 1882, to a tenant for life to pass the legal estate will generally entitle him to the custody of the title deeds {West v. Wythes, 68 L. T. 520). As to the general principle to be adopted in construing the Act see re Duke of Newcastle's Settled Estates (24 Ch. D. 129). As to infants see " Infants," ante, p. 24 ; as to '' Married Women " and " Tenants in Tail " see post, under respective headings ; and as to gifts over on alienation see " Wills, Generally," Part III., Chapter I., post. Married Women, Sfc. The purchaser should consider whether the deed requires acknowledgment. There are four cases to consider (a) Property under the Act of 1882 unrestrained from anticipation ; 30 NOTES ON PERUSING TITLES. (6) Separate property not under that Act unrestrained from, anticipation ; (c) Property not separate estate ; and (d) Miscellaneous cases. (a) In this case the married woman can pass the whole legal and beneficial estate without acknowledgment (Married Women's Property Act, 1882, ss. 1, 2, 5, and 19 ; re Drummond and Davie [1891], 1 Ch. 524). (6) In this case she cannot pass the legal estate without the concurrence of her husband, and, in the case of free- holds, without an acknowledged deed (Johnson v. Johnson, :35 Ch. D. 345). She can, however, pass the beneficial interest by an unacknowledged deed : therefore, where the legal estate is in trustees, they and the married woman together can make a good title, without the husband or acknowledgment (Taylor v. Meads, 4 De G. J. & S. 604). (c) In this case the purchaser has to consider whether the property is freehold, copyhold, or leasehold. In the case of freeholds, she cannot pass either the legal or equitable estate without her husband's concurrence and an acknowledged deed (Taylor v. Meads, ante), except where she is selling under a power (3 & 4 Will. IV. c. 74, s. 78), or where she has, under Section 91 of the Fines and Recoveries Act, obtained an order dispensing with the husband's concurrence (Goodchild v. Dougall, 3 Ch. D. 650). In the case of copyholds, she cannot pass the legal estate except by surrender with the concurrence of her husband, she having been separately examined (3 & 4 Will. IV. c. 74, s. 77). In the case of leaseholds see " Husband's Power over Wife's Property, "post, p. 36. As to her reversionary interests in leaseholds between 1857 and 1883, she could make a good assignment with the consent of her husband and an THE PARTIES TO A DEED. 31 acknowledged deed (Malins' Act, 20 & 21 Viet, c 57; Reid v. Reid, 54 L. T. 100). (d) She cannot bar her estate tail without acknowledg- ment and her husband's concurrence (3 & 4 Will. IV. c. 74, s. 40). She can, and always could, exercise a power by an un- acknowledged deed without her husband's concurrence (3 & 4 Will. IV. c. 74, s. 78 ; re Butler, 3 Ir. R. Eq. 138). Since August, 1874, a bare trustee (being a married woman) could convey by deed without acknowledgment or husband's concurrence (Vendors and Purchasers Act, 1874, s. 6, now repealed and re-enacted by The Trustee Act, 1893, s. 16 ; Rudall fy Greig's Trustee Act, 1893, 74). A husband is not precluded by his bankruptcy from concurring with his wife in an acknowledged deed (in re Jakeman's Trusts, 23 Ch. D. 344). A disclaimer by a married woman must be made with her husband's concurrence and an acknowledged deed (8 & 9 Viet. c. 106). It appears that a married woman can confirm a voidable settlement made on her marriage when she was an infant without acknowledgment (re Hodson, Williams v. Knight, 71 L. T. 77). Strictly speaking, a married woman (with the concurrence of her husband) may make an equal partition without acknowledgment ; but a partition by her, if unequal, is voidable by the wife or her heirs after her husband's death (6 Bytlieivood Sf Jarman, 590). The husband's rights depend on the marriage contract, .and divorce puts an end to those rights (Wilkinson v. Gibson, L. R., 4 Eq. 162). Judicial separation and also a protection order make the wife a feme sole as to after-acquired property (20 & 21 Viet. c. 85, s. 25 ; 21 & 22 Viet. c. 108, s. 8 ; and 41 Viet. c. 19, s. 4). Therefore in these cases acknowledg- ment would not be necessary. NOTES ON PERUSING TITLES. After considerable conflict of judicial opinion, it is now finally decided that the words in Section 5 of The Married Women's Property Act, 1882, entitling a woman married before its commencement to dispose of property, her title to> which, whether vested or contingent, and whether in possession, reversion, or remainder, shall accrue after the commencement of the Act, do not operate retrospectively, so as to change the nature of a married woman's title which has partially accrued before such commencement e.g., a remainder, which after such commencement becomes an estate in possession ; but that the title to the whole interest,, whatever that may be, must accrue after the 31st December, 1882 (Dart, 652 ; Reid v. Reid, 31 Ch. D. 402 ; see also re Davenport, Turner v. King, 71 L. T. 875). And, therefore, whether the document requires acknowledgment or not will depend under which of the above headings the estate comes. Evidence of Acknowledgment. Where the deed was executed before 1883 an office copy certificate of acknow- ledgment should be asked for (3 & 4 Will. IV. c. 74, s. 88). After that date the certificate on the deed is sufficient evidence of acknowledgment (Conveyancing Act, 1881, s. 2). Restraint on Anticipation. The purchaser should see- that the property is not subject to any will or settlement restraining the married woman from anticipating her interest. A restraint on anticipation has no effect unless the property is expressed to be separate estate (Stogdon v. Lee r [1891], 1 Q. B. 661 ; dictum in Baggett v. Meux, 1 Coll. 138, approved). A restraint on anticipation will not prevent a married woman from exercising the powers of a life tenant under The Settled Land Act, 1882, s. 61. THE PARTIES TO A DEED. 33 Husband and Wife Conveying to Each Other. After 1881 good as to freeholds (Conveyancing Act, 1881, s. 50), but void before, unless a trustee or grantee to uses inter- posed. After 1882 good as to leaseholds (Married Women's Property Act, 1882, s. 1), but void before, unless a trustee interposed (Fox v. Hawkes, 13 Ch. D. 822). The Court would, however, strive to construe the deed as a declaration of trust by the husband in favour of the wife (idem). Where a husband has property transferred into the name of his wife, the presumption is that the husband intends it as an advancement by him, and the presumption also is that there is no resulting trust as between the wife and the husband (Thornley v. Thornley, 68 L. T. 199). Conveyance to Husband and Wife. After 1883 a grant to a husband and wife creates a joint tenancy, but before that date a tenancy by entireties, the consequence of which was that if a limitation was made to a husband, wife, and a stranger, the husband and wife took one moiety only, and the other person the other moiety (re March, 27 Ch. D. 166 ; re Jupp, 39 Ch. D. 148). Where land was conveyed to husband and wife before The Married Women's Property Act, 1882, in such a way as, if they were not married, it would constitute them joint tenants, a decree absolute for divorce makes their holding a joint tenancy (Thornley v. Thornley, 68 L. T. 199). Bankrupt. A married woman adjudicated a bankrupt cannot be compelled to execute a deed exercising a power of appointment in favour of the trustee (Ex parte Gilchrist, 17 Q. B. D. 167, 521). Dower. Notice whether on the death of an owner in fee or in tail intestate, the widow's claim to dower has been barred. 34 NOTES ON PERUSING TITLES. The widow's right to dower is barred when (a) The owner has disposed of the property by deed or will (3 & 4 Will. IV. c. 105, ss. 4 and 5) ; or (6) He has inserted a clause barring dower in deed or will (Sections 6 and 7) ; or (c) He has devised real estate to his widow (Section 9) ; but a gift of land not subject to dower will not prejudice her right (Section 10) ; or (d) There has been a divorce, even though it has been granted on the ground of the husband's misconduct (Frampton v. Stephens, 21 Ch. D. 164). After dower has attached, if the widow concurs in a mortgage with the heir, the mortgage as to her interest is a mere personal contract, which, on repayment, does not deprive her of her dower (Meek v. Chamberlain, 8 Q. B. D. 31). The widow (unlike a widower tenant by the curtesy) is not entitled to exercise the powers of a life tenant under The Settled Land Act, 1882. If a vendor selling under a deed containing uses to bar dower does not exercise his power in selling, a technically complete conveyance cannot be obtained without the concurrence of the dower trustee. But as this is a theo- retical and not a practical blot on the title, the Court would not assist a purchaser raising the point (re Heaysman Sf Tweedy s Contract, 69 L. T. 89). Power of Making a Will. A married woman can dispose by will of the legal and equitable estate in her freehold property, if separate property, under The Married Women's Property Act, 1882, s. 1 ; but she cannot pass the legal estate in her other separate property, although such legal estate is vested in her (Hall v. Waterhouse, 6 N. B. 20). She can, however, dispose of her equitable estate which she holds for her separate use (Taylor v. THE PARTIES TO A DEED. 35 Meads, ante). As to leaseholds, she can dispose of them, although not held for her separate use, provided her husband gives his consent to her doing so by some specified will '(R. v. Bettesworth, Str. 891), and does not revoke his consent during the coverture (see Noble v. WillcocJc, 7 L. R., H. L. 580), and, if he survives her, either expressly repeats his assent (Haas v. Sheffield, 1 Rob. 364), or does not revoke it before her will is proved. See also " Wills, Generally," Part III., Chapter I., post. The Married Women's Property Act, 1893, provides that the will of a married woman shall speak from the death, although she had no separate property at the time of making it, and such will shall not require to be re-executed after the death of her husband (Section 3). Devolution on Intestacy ; also Curtesy. On her death intestate her leaseholds (including separate estate) vest in her husband in his marital rights without letters of administration (1 Prest. 343; re Bellamy, Elder v. Pearson, 25 Ch. D. 620) ; but her freeholds and copyholds (including separate estate) descend to her heir, subject to right of husband as tenant by the curtesy (Eager v. Furnivall, 17 Ch. D. 115). On the death of a married woman who has been judicially separated from her husband, or who has obtained the benefit of a protection order, intestate, her property devolves as if her husband were dead (20 & 21 Viet. c. 85, s. 25 ; 41 Viet. c. 19, s. 4). There are four requisites to the existence of an estate by the curtesy (1) marriage ; (2) seizin (in possession, iinless such possession cannot possibly be obtained) of the wife for an estate of inheritance ; (3) issue born alive in the wife's lifetime and capable of inheriting ; and (4) the death of the wife (Co. Litt. 29 a, 6). Mr. Challis raises a doubt as to whether there is curtesy of lands coming to NOTES OX PERUSIXU TITLKS. the wife other than by purchase, on the ground of Littleton's statement quoted by Coke (Co. Litt. 40 a) that the issue must be heir to the wife, descent being traced before the Descent Act from the person last seized (Challis's Heal Property, 315). A husband is also entitled to curtesy of his wife's equitable estates in fee (including those held by her for her separate use) if she dies possessed thereof and intestate (Eager v. Furnivall, 17 Ch. D. 115 ; Cooper r.. MacDonald, 7 Ch. D. 288, overruling Moore Sf Webster ? L. R., 3 Eq. 267), but not if she has disposed of them in her lifetime or by will (Cooper r. MacDonald, above). An express declaration in a settlement that the husband should not be entitled to curtesy was held to exclude his right (Rennet v. Davis, 2 P. Wms. 316). But it does not appear that a wife could, by a mere declaration of intention without a disposition, defeat his right (Challis's Heal Property, 316). The Married Women's Property Act, 1882, has not affected this right of the husband (Hope v. Hope, 66 L. T. 522). A tenant by the curtesy seems to have statutory powers of a life tenant under The Settled Land Act, 1882. (see s. 58 (1), s.s. 8 ; also Settled Land Act, 1884, s. 8). Husband's Power Over his Wife's Property other than her Separate Property. The husband can dispose of his wife's freehold estates with- out her concurrence, but not for an interest to endure longer than his own interest namely, for the joint lives of himself and his wife and, if he survive her, for his life interest as tenant by the curtesy (Robertson v. Norris, 11 Q. B. D. 16). As to leaseholds, he can assign her legal terms of years without her concurrence (Hill v. Edmonds, 5 De Gex & S- 603, 607). He can also assign her equitable terms of years, but not so as to defeat her equity to a settlement THE PARTIES TO A DEED. (Boxall v. Boxall, 27 Ch. D. 220). It is observable, however, that if the wife have the possibility of a term which cannot by any means vest in the husband during coverture, the husband's disposition will not affect her (1 Prest. 343). If she survive him, all her real and lease- hold property not disposed of belongs to her : therefore - a devise by the husband of his wife's property would not be good if the wife survived him (1 Prest. 343 ; Williams' Real Property, 482) ; and divorce puts an end to the husband's rights, which depend on the marriage contract (Wilkinson r. Gibson, L. R., 4 Eq. 162). Judicial separation and a pro- tection order make the wife a feme sole in respect of after- acquired property (20 & 21 Viet. c. 85, s. 25 ; 21 & 22 Viet. -c. 108, s. 8 ; and 41 Viet. c. 19, s. 4). Any property of a woman married after The Married Women's Property Act, 1882, which would have been bound, apart from the Act, by an assignment of the husband alone in a settlement, is still bound by such assignment under Section 19, notwithstanding Section 2, which makes the property of a woman married after the Act her separate property (Hancock v. Hancock, 38 Ch. D. 78 ; applied and followed in Stevens v. Trevor-Garrick, 69 L. T. 11). When a married woman is entitled to life interest in land not for her separate use, she and her husband together can exercise the powers of tenant for life under The Settled Land Act, 1882, s. 61, even though the married woman be, by the terms of the settlement, restrained from anticipation (idem). See also '" Curtesy " above. Miscellaneous. An infant married woman can, with the sanction of the Court, make a valid settlement on marriage (18 & 19 Viet. c. 43). Section 1 enables an infant, in exercising a general power of appointment for the purpose of making a settlement upon marriage, to make an out- and-out appointment, so that on the failure of limitations 38 NOTES ON PERUSING TITLES. of the settlement the appointed property will become the infant's own ; and the appointment will stand even though the infant die under the age of twenty-one, except in the case of an infant tenant in tail (in re Scott, Scott v. Hanbury [1891],. 1 Ch. 298). But a marriage settlement made by an infant without the leave of the Court is not void, but only voidable ; and if it is for the benefit of the infant, it becomes binding if not repudiated within a reasonable time of the infant attaining majority (Edivards v. Carter, 69 L. T. 153 ; in re Jones, Farrington v. Forrester, 69 L. T. 45 ; Duncan v. Dixon,. L. R., 44 Ch. D. 211) ; and, if the infant is a married woman,, it seems, without acknowledgment (re Hodson, Williams v. Knight, 71 L. T. 77). Where property is purchased by and conveyed to a wife, it is a commendable practice to join the husband, to get his admission that the purchase money belongs to his wife for her separate use. A married woman can now, even though an infant, appoint an attorney (Conveyancing Act, 1881, s. 40). She could not do so before this Act enabled her to do so- (Kenrick v. Wood, L. R., 9 Eq. 333). Under The Intestates' Estates Act, 1890, a widow may acquire a further interest in her husband's freehold estates, besides her dower and her one-third of personalty, if he die intestate after the 1st April, 1890, leaving no issue. The Act does not apply to a partial intestacy (re Twigg's Estate? 66 L. T. 604). Copyholds, as affecting a married Avoman. See " Copy- holds," post. See also " Devolution on Intestacy," ante. Next-of-Kin. Although leaseholds on intestacy pass to an adminis- trator on administration being granted, the next-of-kiii do- not acquire the estate without an assignment (Burton, 311). THE PARTIES TO A DEED. 39 Mortgagees. A mortgagee cannot buy from himself, nor can the secretary of a building society buy from the society (Martinson v. Clowes, 21 Ch. D. 857), nor can an agent appointed to sell or to collect the rents buy from a mortgagee (Guest v. Smythe, 5 Ch. 551). But there is nothing to prevent a second mortgagee from purchasing from the first mortgagee under his power of sale (Kirkwood v. Thompson, 2 D. J. & S. 613 ; Shaw v. Runny, 2 D. ,T. & S. 468). A sale by a mortgagor to a mortgagee is to be regarded in the same way as a sale between parties having no connection with each other (Knight v. Majoribanks, 2 McN". & Gr. 10; Melbourne Bank v. Brougham, 7 App. Ca. 307), unless the mortgagor being in embarrassed circumstances, the mortgagee exercises coercion (Ford v. Olden, 3 Eq. 461). A purchaser from a mortgagee under his power of sale is not entitled to the benefit of Section 21 of The Conveyancing Act, 1881, exempting him from enquiry as to whether a case has arisen for the exercise of the power of sale, unless the conveyance is made " in professed exercise of the power of sale conferred by this Act." Where the sale is so expressed to be made, the purchaser need not inquire if there is any irregularity, even though the slightest inquiry would have disclosed such irregularity (Bailey v. Barnes, 69 L. T. 543). But the purchaser will not be protected if he has notice of an irregularity which could not have been waived. Quaere (per Bowen, L. J.) whether the same rule would apply where the irregularity was one which might have been waived (Selwyn v. Garfit, 38 Ch. D. 272). A purchaser buying under a power of sale should see that the mortgagor had power to mortgage the property, and therefore to give the power of sale. A mortgage by an executor to a building society may be a valid security for 40 XOTES ON PERUSING TITLES. the principal moneys actually advanced, with interest at a reasonable rate (Cruikshank v. Duffin, L. B., 13 Eq. 555 ; followed, Thome v. Thome, 69 L. T.' 378). A transferee of a mortgage cannot exercise power of sale unless " assigns " be mentioned in the power ; and the statu- tory form of transfer cannot be used to transfer an ordinary mortgage, but only to transfer a statutory mortgage. An equitable mortgagee, by deposit of title deeds, is not entitled to six months' notice on calling in the money, but only to a reasonable time to enable him to look up the deeds (Fitzgerald's Trustee v. Mellersh, 66 L. T. 178). An equitable charge upon the property may be created by an instrument in writing which shows that the intention of the parties is that a security shall be created, although it contains no words of charge (Cradock v. Scottish Provident Institution, 69 L. T. 380). An equitable mortgagee can sell his interest, but cannot pass the legal estate without the help of the Court (re Hodgson $* Hotvek 35 Ch. D. 668 ; but see re Solomon fy Meagher, 40 Ch. D. 508). A purchaser of an equity of redemption should ask for the concurrence of the mortgagee, as being first evidence that he will not ask, as a condition of reconveyance, the payment off of the mortgage on another estate, where not within Section 17 of The Conveyancing Act, 1881 (Dart, 654). See as to consolidation of mortgages Fisher on Mortgage*, par. 1033 et seq. ; also Minter v. Carr (71 L. T. 527), and Pledge v. Carr (71 L. T. 598). In a mortgage to persons as joint tenants before 1882, see that the mortgage deed contains a joint account clause : otherwise the survivor cannot give a good receipt (Morley v. Bird, 3 Ves. 631 ; Steeds v. Steeds, 22 Q. B. D. 537) ; but he can convey the estate. Since 1881 a power is, of course, implied for the survivor to give a receipt (Conveyancing Act, 1881, s. 61). THE PARTIES TO A DEED. 41 As to devolution of mortgaged estates of inheritance on death Before 1882.- Mortgaged estates of inheritance passed under the will of the mortgagee. A general devise would pass them unless an intention could be gathered from the will that the devise was intended to be confined to beneficial interests. It is important to see that " assigns " is mentioned in the mortgage, otherwise the devisee could not execute the power of sale (re Morton and Hallett, 15 Ch. D. 143). Mortgaged estates not disposed of by will descended like beneficial interests to the heir ; and here again it should be seen that the " heir " was mentioned in the mortgage to enable him to exercise the power of sale. But the estate vested in a mortgagee dying between August, 1874, and December, 1881, could be passed by his personal representatives by virtue of Section 4 of The Vendors and Purchasers Act, 1874. He could, however, only reconvey : that is, he could not exercise the power of .sale, or even transfer the mortgage (re White, 29 W. R. .820; re Spradberry, 14 Ch. D. 514). After 1881. Mortgaged estates of inheritance after this date vested in a sole mortgagee now pass to the personal representative, notwithstanding a devise (Conveyancing Act, 1881, s. 30). But if there is no personal representative, see *' Devolution of Estates on Death," Part III., Chapter II., post. This rule also applied to copyholds from 1882 to September, 1887. After the latter date they pass to the devisee or heir 2 \OTKS OX VKRUS1XG TITLKS. Seddon, L. B., 10 Ch. 394) ; but not so as to damage the surface, even though this restriction would destroy the value of the right (Mnnday v. Duke of Rutland, 23 Ch. D. 81), except where the surface is purchased by a railway company, in which case, if the company, after notice that the minerals are going to be worked, does not purchase, the owner can work them without regard to the surface (8 & 9 Yict. c. 20, s. 78 ; Great Western Railway Co. v. Bennett, L. R., 2 H. L. 27), even though the consequence be the destruction of the railway (Ruabon Brick 8f Terra Cotta Co. v. Great Western Raihvay Co., 62 L. J., Ch. 483). The owner, however, cannot enter upon or cross over the railway to get to his mines, but must tunnel under it (Midland Railway Co. r. Miles, 30 Ch. D. 634). Mr. White points out that the words " mines and minerals" are not mentioned in Section 6, Sub-section 1, of The Conveyancing Act, 1881, among the words to be implied by a conveyance of land, though they are mentioned in Sub-section 3 of the same Section among the words to be implied by a conveyance of a manor, and he suggests that mines and minerals should therefore be expressly mentioned in a conveyance (White's Conveyancing Act, 1881, 16). Messrs. Hood & Challis give the reason for the distinction made by the Act namely, that anything once severed from a manor cannot be reunited (Revell v. Jodrell, 2 T. R. 415) ; but mines and minerals severed from land can be reunited at will, and the specific mention of things parcel of the thing conveyed is not only useless, but may be dangerous if the enumeration is not exhaustive (Denison v. Halladay, 3 H. & N. 670; Hood Sf Challis's Conveyancing and Settled Land Acts [1895], 31). There is a distinction between a reservation of mines and a reservation of minerals. In the former case the stratum is reserved, and the owner can use it for any purpose he PARCELS. 63 thinks tit : e.g., he may make a road through it for the conveyance of the produce of adjoining mines (Duke of Hamilton v. Graham, L. B., 2 H. L. 166). In the latter -case he could only take the minerals (Ramsay v. Blair, L. B., 1 App. Ca. 701). " Mines and minerals " include beds of limestone (Hext v. Gill, 7 L. B., Ch. 699 ; approved in Fish-bourne v. Hamilton, 25 L. B. Ir. 483). A trustee cannot sell the land and minerals separately without the sanction of the Court, except under The Settled Land Acts, 1882 to 1890 (Trustee Act, 1893, s. 44). Under Section 2 of 25 & 26 Viet. c. 108, a mortgagee could, with the sanction of the Court, sell the land and minerals separately (re Beaumont's Mortgage Trusts, L. B., 12 Eq. 86). But as this Section is noAV repealed, it would appear that the Court has now no power to give its sanction, especially as the word " trust " is not (by the Act) to apply to the duties incident to a mortgage estate (Section 50 ; Rudall 4* Greig's Trustee Act, 1893, 69, 137). Exceptions, Reservations, Easements, and Appurtenances. The distinction between an exception and a reservation is -often overlooked. An exception is of a part of the thing granted; a reservation is of some right or profit to arise out of it (5 Bytheicood $* Jarman, 177). The general words implied by Section 6 of The Convey- ancing Act, 1881, would seem to be explicit enough even to revive easements which have become extinct by unity of possession (Barlmv r. Rhodes, 1 Cr. & M. 448), and to pass easements which have been first created by the grantor during unity of ownership, provided that they are either necessary or apparent and continuous (Kay v. Oxley, L. B., 10 Q. B. 360; Watts v. Kelson, L. B., 6 Ch. 166, 172; Barkshire v. Grubb, 18 Ch. D. 616). The general words will not, in the absence of any special relation between the parties (as in Doidge r. Carpenter, 6 M. & S. 47), be sufficient to create a right of 64 NOTES ON PERUSING TITLES. common (Baring v. Abingdon, 67 L. T. 6). Under an open- contract the purchaser is only entitled to have such general words expressed or implied in his conveyance as he would have been entitled to before The Conveyancing Act, 1881 ; and if the general words implied by Section 6 are more extensive, the vendors are entitled to limit them accordingly (in re Peck and London School Board, 62 L. J., Ch. 598). Even before The Conveyancing Act. 1881, by the grant of a part of a tenement all those continuous and apparent easements, or quasi-easements, over the part retained by the grantor, which were necessary to the enjoyment of the part granted, and had before and up to the time of the grant been used therewith, passed to the grantee by implication of law (Wheeldon v. Burrows, 12 Ch. D. 31). The same principle is applicable to devises. Where a testator, being seized of a house with windows and a field adjoining over which the light required for the windows passed, devised the house to one person and the field to another, Held, That the right to light over the field was comprised in the devise of the house (Phillips v. Low,. 65 L. T. 552). In the case of a conveyance, the right to light sufficient for all ordinary purposes of business in the locality at the time of the contract will pass (Corbett v. Jones,. 67 L. T. 191; Bailey v. Icke, 64 L. T. 789; Aldin v. Latimer Sf Others, 71 L. T. 119). Where land is sold to be used for a particular pui'pose, the grantor must not do any act which would interfere with that purpose (see . " Covenants," Chapter VI., post). In the absence of express stipulation the grantor of part of a tenement retains no rights over the part granted (Wheeldon v. Burrows, ante; Russell v. Watts, 25 Ch. D. 559), even although as in the much questioned case of Pye v. Carter (1 H. & N. 916), referring to a drain the easement be apparent and continuous (Suffield v. Broivn r PARCELS. 65 33 L. J., Ch. 249). To this latter rule there is an exception in the case of easements of necessity. For instance, if the owner of property conveys a part, there are reserved to him by implication such rights as are absolutely necessary to enable him to beneficially enjoy the portion retained. If the owner have no access to the portion retained except through the property sold, the law will give him a right of way over the land sold, although he shall not have reserved it (Clarke r. Cogge, Cro. Jac. 170 ; Corporation of London v. Rigys, 13 Ch. D. 798 ; see also "Walls," ante). The case of easements being impliedly reserved for the benefit of the purchasers of several lots of property conveyed at one time is not an exception to the general rale above given, but proceeds on the presumption that each of the grantees takes from the grantor, while he has the power to give it, what it is right the grantee should get, and is construed as if each grant were first in order of time (Allen v. Taylor, 16 Ch. D. 355 ; Rlgby v. Bennett, 21 Ch. D. 355 ; Russell r. Watts, ante). Each purchaser, therefore, in such a case gets an implied grant of all easements necessary for enjoyment of the property purchased. In every case a reservation of an easement will be construed as a regrant. The importance of this is that the deed must be executed by the purchaser, or else there cannot, it appears, be even a regrant (Corporation of London r. Riggs, ante ; Wickham v. Hawker, 7 M. & W. 63, at p. 76 ; Ellis v. The Manchester Carriage Co., 2 C. P. Div. 13 ; Wheeldon v. Burrows, ante). . A general condition of sale that the property is sold subject to all easements affecting the property will not protect the vendor in respect of any easements not disclosed by the contract, and of which he was aware (Heywood v. Mallalieu, 25 Ch. D. 357 ; Nottingham Brick fy Tile Co. r. Butler, 15 Q. B. D. 261). 66 NOTES ON PERUSING TITLES. Misdescription. A condition of sale stating that the purchaser shall not be entitled to compensation in the event of error will be held to apply only to trivial errors, and will not prevent the purchaser obtaining compensation in the case of a substantial misdescription (Whittemore v. Whittemore, L. R., 8 Eq. 603 ; in re Terry and White, 32 Ch. D. 14; see also "Contract," Part I., Chapter I., ante) . Fixtures. Where a machine was delivered to a mort- gagor, the purchase money to be paid by instalments, but the machine to remain the property of the vendors until the last instalment paid, Held, That the mortgagees could not claim the machine, as the mortgagor could not give them a better title than he had himself (Cumberland Union Hanking Co. v. Maryport Haematite Iron Co. [No. 2], 66 L. T. 108). But query whether the mortgagor had not power to pledge by virtue of Section 9 of The Factors Act, 1889 (see Shenstone fr Co. v. Hilton, 71 L. T. 339). A mortgage of land passing trade machinery by reason of its being affixed to the land need not be registered as a bill of sale (re Yates, Batcheldor v. Yates, 59 L. T. 47). But if the fixtures are mentioned and assigned, the deed is void as regards such fixtures for want of registration (Small v. National Provincial Bank of England, 70 L. T. 492) ; the deed would not be void in toto, but only as regarded the fixtures so assigned (re Burdett, ex parte Byrne, 58 L. T. 708). HABENDUM. 67 CHAPTER V. HABENDUM. GENERAL RULES OF CONSTRUCTION. A Deed can be good without an habendum at all (Shep. Touch. 74). If no habendum, the grantee will take the quantum of estate mentioned in the premises (Goodtitle d. Dodiuell v. Gibbs, 5 B. & C. 709) ; but if no quantum be mentioned, he will take an estate for life (Althams Case, 8 Rep. 154 b). An habendum should not be used in a deed operating as an exercise of a power of appointment, as the province of the deed is merely to declare the use (5 Bythewood $' Jarman, 206). The proper office of the habendum is merely to limit the quantum of estate that the grantee is to have in the property granted (Shep. Touch. 75). If therefore the parcels be mentioned in the habendum but not in the premises, they will not pass. For instance Grant of Blackacre, habendum Blackacre and Whiteacre, Whiteacre will not pass (Shep. Touch. 75; 1 Davidson's Prec. 101). Again, if the whole of the parcels described in the premises be not referred to in the habendum, the habendum will only be allowed to limit that portion mentioned therein. The remaining portion, however, may pass by the grant in the premises, under the above rule that an habendum is not an essential part of a deed. For instance Grant to A. of Blackacre and White- acre, habendum Blackacre unto and to the use of A. in fee simple : here A takes an estate for life in Whiteacre by the grant in the premises, and he takes an estate in fee in 68 NOTES ON PERUSING TITLES. J31ackacre owing to the express limitation in the habendum. Example mentioned at page 76 of Shep. Touch, adapted to modern conveyancing. So also, it not being the primary duty of the habendum to name the grantee, if the grantee be named in the proper place that is, the premises and after- wards is mentioned with others in the habendum, the grant to "the others" is bad. For instance Lease to A., habendum to A. and B. for years. Held, That B. took nothing (Reynold r. Kingman, Cro. El. 115). But if the estate of B. had been expressly limited to take effect after the estate of A. r the limitation to B. would have been good (Kerr r. Kerr, 4 Ir. C. B. 493). If, however, no person is mentioned as grantee in the premises, the person mentioned as grantee in the habendum takes the estate limited by the habendum (Butler v. Dodton, Gary Rep. in Ch. 123). So, under an assignment to A. and B., habendum to B., A. and B. would take, as, the assignees being named in the proper place (the premises), the limitation in the habendum would be rejected (Reed v. Fairbanks, 13 C. B. 692). Although the habendum is the proper place for limiting the quantum of estate to be taken, if the premises expressly limit an estate and the habendum limits a different estate, the habendum will generally be rejected as repugnant, under the rule that when two parts of a deed are incon- sistent the former shall prevail (Shep. Touch. 78; Goshaivk v. Chigwell, Cro. Car. 154), unless the habendum can be construed as explanatory of the premises (Goodlitle d. Dodivell v. Gibbs, 5 B. & C. 717). A good example of explanation is given in Colt. Lit. 183 b : " If a case be made to two, habendum the one moiety to the one and the other moiety to the other, the habendum. doth make them tenants in common ; and so one part of the deed doth explain the other, and no repugnancy between them." But if there be a palpable error in the premises which makes HABENDUM. 69 it inconsistent with the habendum, this rule would not prevent the Court from correcting the error in the premises instead of rejecting the habendum (Spyre r. Topham, 3 East. 115 ; 5 Bythewood Sf Jarman, 204). There is much learning in the books on the subject of the habendum, but, owing to the decisions being so contradictory, it is difficult to deduce general rules therefrom. A further source of confusion, even in the minds of the authors of some text books, is caused by not bearing in mind that the greater portion of the cases were decided when " iises " had not been introduced, or not generally adopted : for where the quantum of estate is limited by the declaration of the use, the reasoning of these old cases does not apply. It may, however, be stated generally that where there is repugnancy, the tendency of the Court now is not to slavishly follow old rules of construction, but to endeavour, if possible, to collect the intention of the parties from the whole instrument, and to reject that part ..which is inconsistent with such intention (Spyve r. Topham, 3 East. 115). Habendum in a lease for 94 years, yielding rent during 91j years. The counterpart had 91 j years in the habendum. Held, That, there being a manifest clerical error in the lease, the counterpart could be looked at to find where the mistake was, and the lease was corrected to 91j years (Burchell r. Clark, L. R., 2 C. P. D. 88). Future Estate. If the habendum limits a freehold estate infuturo, the habendum. will be bad, and, unless the defect is cured by the premises containing an express grant in pi'&senti, the deed will be bad altogether (Boddington v. Robinson, L. R., 10 Ex. 270). This is an illustration of the above-mentioned rule that, if the premises distinctly express the estate, the habendum will be rejected if it is 70 NOTES OK PERUSING TITLES. repugnant, and cannot be construed as explaining the estate granted by the premises. A corollary of this rule is that if the premises do not contain any express limitation of estate, there is nothing to explain or contradict, and therefore it must be presumed that the habendum contains the expression of intention of the parties as to the estate to be taken ; and if the estate thereby limited be contrary to law, the deed will be void (Goodtitle d. Dodwell r. Gibbs, ante ; Boddmgton v. Robinson, ante). Declaration of the Use. If the words " unto and to the use of " in a grant of fi-eeholds be not used, the purchaser must consider whether, from the nature of the transaction, as by payment of a consideration or for any other cause, the legal seizin is to remain in the grantee, as if there be no consideration or " other cause " the estate will revert to the grantor (2 Preston on Abstracts, 236). But in a deed purporting to exercise a power of appointment, the property should be appointed " to the use of " only, and not " unto and to the use of," as in this latter case only an equitable estate would pass ; for the appointee merely takes a use, and no use, to be effectual under the Statute of Uses, can be declared of the seizin of such appointee (3 Preston on Abstracts, 124). For instance, an appointment to A. to the use of B. executes the use and vests the legal estate in A., and the equitable estate only in B. But a grant " unto A. to the use of A.," or " unto and to the use of A.." does not operate under the Statute of Uses, or as a declaration of use at all. It operates as a Common Law grant; and the words "to the use of A." in the first form, and "and to the use of" in the second form, are mere surplusage (Orme's Case, L. B. r 8 C. P. 281 ; Hadfield's Case, ibid., 306 ; and Lowcock i\ Broughton, 12 Q. B. D. 369). Words of Limitation. Before 1882, to pass the fee to an HABENDUM. 71 individual (as distinguished from a corporation) it was absolutely necessary to use the word " heirs." Even the word " heir," in the singular, would not have been sufficient, and would only have created an estate for life (Chambers v. Taylor, 2 My. & Or. 376). But this rule did not apply to a grant to a corporation sole, the proper words here being " successors " or " successors and assigns." Indeed, the word " heirs " in this case would be incorrect, and would not have passed the fee (Colt. Lit. 8 b and 946). These words are sometimes employed in a grant to a corporation aggregate, such as a company ; but, though the addition is harmless, it is inaccurate, as a corporation aggregate has no successors, but continues until it is wound up (Hy. VIII. 15). So, before 1882, to pass an estate tail it was necessary to use the words "heirs of the body." For instance, a gift to A. and his " heirs male," without stating of whose body, would give A. the fee and not an estate tail (Lit. s. 31). Can Equitable Estates in Fee Simple be Granted Without Words of Limitation ? According to Cruise's Digest (vol. i., p. 343), " In the alienation of uses none of those technical words which the law requires in the limitation of particular estates were deemed necessary. Thus a use might be limited in fee simple without the word ' heirs.' " Trusts are the successors of the old uses ; and it might be contended, there- fore, that if the Chancery Judges could find a trust, or, indeed, any equitable interest, they would not require the employment of words of limitation in a grant of an equitable fee simple. But Leu-ins Law of Trusts (9th ed., p. 114) says, " It must be considered a clear and settled canon that a limitation in a trust, perfected and declared by the settlor, must have the same construction as in the case of a legal estate executed " ; and Mr. Justice Chitty has adopted Mr. Lew in' s opinion in re Whistons Estate, Lovatt v. Williams 72 NOTES ON PERUSING TITLES. (70 L. T. 681; Law Times, Marcli 10, 1894, 431). See also the Irish decision, Meyler v. Meyler (11 L. R. Ir. 522), which decides the point in the same manner. A conveyance without words of limitation passes only an estate for life (Shep. Touch. 88). Since 1881, the words "in fee simple" and "in tail" have been sufficient to pass the fee and an estate tail respectively (Conveyancing Act, 1881, s. 51). No words of limitation are required in vesting declara- tions under Section 34 of The Conveyancing Act, 1881, nor in statutory transfers under Section 27 of the same Act ; nor in the case of a release by one partner to another, or by one joint tenant to another (4 Cruises Digest, 4th ed., 278, 279). The purchaser should consider whether there are any words in the grant, or any circumstances to make the grantees, where more than one, tenants in common. Primd facie every grant to two or more persons is a grant to them jointly (3 Prest. 48). But there are several exceptions to the rule : (a) Persons advancing money on mortgage in any shares are, in Equity, tenants in common (Harrison r. llarton, 1 J. & H. 292). See "Parties" and Mortgagees," Chapter I., ante. (/;) The legal estate in property purchased for the purpose of joint trade will devolve according to the nature and tenure thereof, and the general rules of law thereto applicable, but in trust for the parties beneficially interested (Davits v. Games, 12 Ch. D. 813; Partnership Act, 1890, s. 20, s.s. 2). (c) If land be conveyed to purchasers, not otherwise in partnership, as joint tenants, but for the purpose HABENDUM. of a joint speculation, there is no survivorship in Equity (Darby v. Darby, 3 D. 495 ; Partnership Act, 1890, s. 20, s.s. 3). (d) If property was conveyed to a husband and wife and a stranger before 1882, the husband and wife became tenants by entireties : that is, the husband and wife took one moiety, and the stranger the other (Ward r. Ward, 14 Ch. D. 506). After 1882, under similar circumstances, the moiety taken by the husband and wife would be divided between them, and the wife would take her half of the moiety for her separate use under The Married Women's Property Act, 1882 (re March, W. N. [1884], 170). (e) Where the purchase is made by several persons and paid for by them in unequal shares, they become tenants in common in Equity, even though the legal limitations be to them as joint tenants (Lake v. Craddock, 3 P. Wms. 158). ' When Trustees Take the Legal Estate. If trustees have no active duties to perform, such as the receipt and payment of rents, the sale of the property or the like, they take no part of the legal estate, unless it is granted to them in strict accordance with the Statute of Uses (Nash v. Ash, 1 H. & C. 160 ; Williams v. Waters, 14 M. & W. 53). But if the trustees must take the legal estate for the purpose of performing some active duties, and the limitation to them is not by the words of the deed restricted to the duration of some particular period, but is made to them and their heirs, they will take the legal estate in fee simple, unless that construction would be inconsistent with some other provisions in the deed (see Fowler v. Lightburn, 11 Ir. Ch. R. 495 ; Godefroi's Law of Trusts, pp. 10 and 11, and the eases there cited). The 74 NOTES ON PB BUSING TITLES. Statute of Uses does not, of course, apply to leaseholds (see Mayor of Liverpool v. Stevenson, L. B., 10 Q. B. 81 ; Baker v. White, 20 Eq. 166 ; Lewin on Trusts, Chapter XII., s. 1, 192; and Elphinstone 's Interpretation of Deeds, 271). The rule under Wills is wider, as the testator's intention is regarded, and not merely the form of words (see pp. 110 to 113). Leaseholds. The purchaser should, in addition to the above points, notice whether the document is by way of assignment or underlease. If the property is sold as held under a lease, and the document turns out to be an under- lease, a good title is not made (re Beyfus and Master^ 39 Ch. D. 110). If a mortgage has been effected by underlease, it should be seen that the last day or days has or have been got in. The purchaser should also note that the term and rent are the same as mentioned in the contract, and if lower he should ask for compensation (Jones v. Rimmer, 14 Ch. D. 588 ; see also " Contracts," Part I., Chapter I., ante ; and as to apportionment of rent see " Consideration," Chapter III., ante). Incumbrances. Tithe Bent Charge and Land Tax do not appear to be incumbrances. and the purchaser cannot ask for compensation, although they may riot be referred to in the contract (re Ebsu-ortli and Tidy, 60 L. T. 841 ; see also p. 41). COVENANTS. 75- CHAPTER VI. COVENANTS. COVENANTS GENERALLY. A Covenant contained in a deed will bind a person who has accepted the benefit of the deed, although he may not have executed it (Wilson v. Leonard, 3 Beav. 173 ; Bmces v. Law, 9 Eq. 636 ; Well v. Spicer, L. R., 13 Q. B. 886 ; Witham v. Vane, 44 L. T. 718 ; see also Dart's Vendors and Purchasers, 897) ; and the benefit of a covenant contained in an indenture respecting any tenements or hereditaments may be taken, although the taker thereof be not named as a party thereto (8 & 9 Viet. c. 106, s. 5). Where land is sold to be used for a particular purpose, the grantor is under an obligation to abstain from doing anything on the adjoining property belonging to him which would prevent the land from being used for the purpose for which the grant was made (Robinson v. Kilrert, 61 L. T. 60 ; Aldin v. Latimer $ Others, 71 L. T. 119). If the language of the covenant is ambiguous, the recitals can be looked at for an explanation of the ambiguity (re Coghlan, Brougliton v. Broughton, 71 L. T. 186). A covenantee, or purchaser covenantee, may lose his right to enforce a covenant by his conduct, which may bring him within the doctrine of acquiescence (Sayers v, Collyer, 48 L. T. 939; Kelsey v. Dodd, 52 L. J., Ch. 34; Western v. Macdermott, 15 L. T. 641 ; Meredith r. Wilson, 69 L. T. 336). But there can be no acquiescence arising from constructive notice (Wilmott r. Barber, 43 L. T. 95). Covenants for Title. The absence of covenants for title 76 NOTES ON PERUSING TITLES. does not seem to be an objection to title (3 Preston on Abstracts, 58) ; and a purchaser is not entitled to a regular chain of covenants for title (ftugdens Vendors and Purchasers, 14th ed., 575). A question has been raised as to whether the use of the words " grant as beneficial owner," &c., or " assign as beneficial owner," &c., are sufficient to carry covenants for title, and as to whether the necessary words for this purpose are not " convey as beneficial owner." The Conveyancing Act, 1881, says the word " conveyance " shall include ** assignment," &c., &c., but it does not provide conversely that the words " assignment," &c., &c., shall be deemed equivalent to the term " conveyance " or " convey " (5 Bytheivood fy Jarman, 222 to 226 ; contra, Wolstenholm fy Turner s Conveyancing Acts, 4th ed., 33). As to the effect of the words " beneficial owner " see the decision of the Court of Appeal in David v. Sabin ([1893] 1 Ch. 523). Covenants for title are to be construed literally, and without the importation of any exception not introduced by express words. Consequently, covenants for title, which in their literal construction are wide enough to apply to a defect in title disclosed by a recital in the deed of conveyance itself, do in law so operate (Hunt v. White, 37 L. J., Ch. 326, overruled ; Page v. Midland Railway Co., 70 L. T. 14). Even though the conditions omit to state that the vendor is a trustee, the purchaser could not insist on further covenants than that he had done no act to incumber, nor refuse to complete upon the ground of the vendor declining to enter into them (Dart's Vendors and Purchasers, 146). A liquidator of a company is not strictly a trustee, and it may be doubted, therefore, whether the statutory covenant against incumbrances would be implied by his being COVENANTS. 77 expressed to convey as "trustee" (5 Bythewood $ Jarmaii, 493, note). The usual covenant for title is not broken by an admission by the vendor that certain encroachments made by him belong to the owner of adjoining land, and by an agreement by the vendor to pay an annual rent for the said encroachments by way of acknowledgment (Thackeray r. Wood, 34 L. J., Q. B. 226 ; Hunt's Boundaries and Fences, 119). Covenants for title are still implied by the use of the word " grant " in conveyances by public companies of superfluous land, under The Lands Clauses Consolidation Act, 1845 (8 & 9 Viet. c. 18, s. 52). The word " demise " in a lease implies a covenant for quiet enjoyment (Woodf all's Landlord and Tenant, 643). Where trustees are selling with the consent of the tenant for life, the latter should give the usual covenants for title, but they should be limited, as regards the reversion, to the acts of himself and persons claiming under him (Earl Poulett v. Hood, L. R., 5 Eq. 115). A vendor selling to a company under compulsion by The Lands Clauses Consolidation Act, 1845, cannot be asked to give covenants for title (Baily r. De Crespigny, L. R. T 4 Q. B. 180 ; but see Harding r. Metropolitan Railway Co., 7 Ch. D. 154). If the vendor refuses to convey, the company can execute a deed poll vesting the property in themselves independently of any conveyance by him (Section 77). Covenants Restricting the User of Property. It must be considered whether there are any covenants restricting the user of the property, as, in the absence of stipulation to the contrary, such restrictions would be an objection to title (re Higgins and Hitcliman, 21 Ch. D. 95 ; re Davis and Carey, 40 Ch. D. 601). In determining this question, it must be borne in mind that the cases draw a distinction 78 NOTES ON PERUSING TITLES. between (a) covenants affecting freehold property and (fe) covenants affecting leasehold property. (a) Covenants Affecting Freehold Property. As regards freehold property, it may be said generally that covenants will not bind a purchaser unless (1) they are restrictive, and (2) the purchaser has notice thereof. For, since the decision in Tulk v. Moxhay (2 Phil. 774), it has been usual to rest the obligation of a purchaser of land subject to restrictive covenants to observe those covenants, rather on the ground that he has taken with notice, actual or constructive, than on the ground that the covenants, being expressed to bind assigns, run with the land (Dart's Vendors and Purchasers, 76b'). When a purchaser has bought land bond fide without notice of restrictive covenants, another purchaser from him would not be bound by such covenants, even though he had notice thereof (Nottingham Patent Brick Co. v. Bowles, L. R., 16 Q. B. D. 778). As regards freehold property, no covenants can be said, in the strict sense of the word, to run with the land (Austerberry v. Corporation of Oldham, 27 Ch. D. 785), except covenants for title, and the obligation of an acknowledgment of the right to produce deeds, and of an undertaking for their safe custody. There is an apparent but not real exception to this statement in the case where a covenant, imposing a burden upon land, amounts either to a grant of an easement, or of a rent charge, or of some estate or interest in the land, for this is rather the liability of a grantor under a grant than the liability of a covenantor under a covenant (idem). The same case which is a veritable essay on covenants decided that something more is required to make a covenant binding on the assignee than that it is restrictive : that is, that the assignee must have notice of it (see also Haywood v. Brunswick Permanent Benefit Building Society, L. B., 8 Q. B. D. 403 ; Tulk v. Moxhay, COVENANTS. 79 U Phil. 774; Mackenzie v. Cliilders, 43 Ch. D. 265; and Sugdens Vendors and Purchasers, 14th ed., 596). In such a case the assignee will be bound, although the " assigns " be not expressly mentioned in the covenant (Wilson v. Hart, 1 Ch. D. 463). But the covenant must be strictly restrictive : that is, it must be a covenant enforceable against the land. For instance, a covenant to erect a dwelling-house on land would not bind a purchaser, even with notice (London 8f South-Western Railway Co. v. Gomm, 20 Ch. D. 562). The purchaser will be deemed to have notice if a proper investigation of the title would have disclosed the covenant (Patman v. Harland, 17 Ch. D. 353), though not of such matters as he would not have ascertained without going behind the documents of title themselves '(Earl of Gainsborough v. Watcombe Terra Gotta Clay Co., 54 L. J., Ch. 991). Neither will he be considered to have notice of a restrictive covenant if not contained in a purchase-deed, but in a separate instrument (Carter r. Williams, L. R., 9 Eq. 678). See further as to "Notice," Chapter VII., post. If the covenants are not restrictive they will not bind a purchaser, even with notice. Where the covenant is partly restrictive and partly not, the Court will in a proper case enforce the restrictive portion of the covenant (Clegg v. Hands, 44 Ch. D. 503). (6) Covenants Affecting Leasehold Property. As regards leaseholds, there is, as has been said, a distinction. The reason is that everybody is presumed to know that leases contain restrictions and limitations, and every purchaser naturally looks first at the lease to ascertain what estate he is about to purchase. On the other hand, it does not at all follow that a conveyance will contain any onerous covenants, and, therefore, a purchaser would not be supposed to neces- sarily look at the earlier title deeds (5 Byth. $* Jar. 260). 80 NOTKS ON PERUSING TITLES. So that in the case of leaseholds covenants can be said T in the strict sense of the word, to ran with the land ; and (differently from freeholds) covenants both restrictive and for the performance of an act with regard to land will, if they are such as run with the land, bind the assignee. What covenants, then, do run with the land ? 1. A covenant to do something regarding a thing in esse, part and parcel of the thing demised, will run with the land as a covenant by a lessee to repair during the term an existing wall on the land demised. 2. Where the covenant is to do something new on the land demised, the assignee is bound only if named, so that where there is a covenant to build a wall on the land demised, the assignee will only be bound if named (see infra) . 3. In the case of a covenant to do something entirely collateral to the property demised, the assignee will not be bound, although named : for instance, a covenant to> build a wall on land not part of the land demised would not bind the assignee (Spencer's Case, 5 Co. 16 ; 1 Smith's L. C., 8th ed., 68). As to the second case above mentioned, doubts have been raised as to whether assigns would be bound even though named (Minshall v. OakeS, 2 H. & N. 793). As to- assigns being named, The Conveyancing Act, 1881, does not appear to have altered the law, as Sub-section 2 of Section 58 deals only with the devolution of the benefit of covenants ; and assigns are not mentioned in Section 59. But whether assigns be named or rtot, they would be bound if they had notice of the covenant (Tulk v. Moxliay and Patman v. Harland, ante), and as it is almost impossible for them not to have notice, constructive or otherwise, the point is practically not of much importance. The ordinary covenant for quiet enjoyment in an under- COVENANTS. 81 lease is no protection in case the superior lessor takes possession, as he is not a person claiming "by, through, or under" the underlessor (Stanley v. Hayes, L. B., 3 Q. B. 105 ; approved and followed in Kelly r. Rogers, 66 L. T. 582). The last receipt for ground rent is not evidence of the performance of the covenants in the lease where the rent reserved is merely a peppercorn rent (re Moody and Yates, 30 Ch. D. 344). In order to render acceptance of rent a waiver of a cause of forfeit Lire, the lessor must have notice or knowledge of such cause at the time of the supposed waiver (Pennant's Case, 3 Co.R. 63 b ; WoodfaWs Landlord and Tenant, 1882 ed., 299). Where the breach is of a continuing nature, the waiver of any forfeiture up to a certain day will afford no defence to an ejectment for a subsequent breach (Cole's Eject. 409; Wood/all, 300). Bat if the lessor permit the tenant to expend money in alterations or additions not allowed by the lease, it would seem that it is evidence to be left to a jury of his consent thereto (Doe d. Sheppard v. Allen, 3 Taunt. 78 ; Wood/all, 301). A waiver of a particular breach does not act as a general waiver (23 & 24 Viet. c. 38, s. 6). See also generally as to when receipt for ground rent is evidence of performance of covenants re Higgins and Percival (57 L. J., Ch. 807). It is an objection to titfe if other property is included in the lease with a general proviso for re-entry for breach of covenant (Cresswell v. Davidson, 56 L. T. 811). Covenants iu a lease may be an objection to title where such covenants are unusual, and the purchaser has not had a reasonable opportunity of inspecting same (Reeve v. Berridge, 20 Q. B. D. 523) ; and as to when a covenant against assignment contained in a lease may be an objection to title see Bishop v. Taylor (64 L. T. 529). An assignee is not liable for the rent and covenants contained in the lease after he has executed an assignment 82 NOTES ON PERUSING TITLES. to another person ; so that if the vendor is not the original lessee, he is not entitled to a covenant from the purchaser indemnifying him from the payment of the rent and observance &c. of the covenants, unless the vendor is under the obligation of a covenant entered into with a prior assignee (Moule v. Garrett, L. B., 7 Ex. 101 ; 1 Prideau.r : Purchase Deeds). Where a lessor is proceeding to enforce a right of re-entry or forfeiture by reason of the breach of any covenant in a lease, the Court may, on the application of an underlessee, make an order vesting the property, or any part thereof, in such underlessee on conditions (Conveyancing Act, 1892, s. 4 ; see Warden Sfc. of Highgate School i:. Sewell [1893], 2 Q. B. 254). Building Scheme. If the property has been part of an estate laid out according to a general building scheme, the purchaser should consider whether, by i-eason of actual or constructive notice thereof, he is restricted from using the property so as to be inconsistent with such scheme (see Tindall v. Castle, 52 L. J., Ch. 555 ; in re Birmingham Sf District Land Co. and Allday, 67 L. T. 850 ; Everett r. Remington, 67 L. T. 10 ; Tucker v. Vowles, 67 L. T. 763). But where there is a general building scheme, and then, either by permission or acquiescence, or by a chain of circumstances, the property becomes so changed that the character of the place or neighbourhood is altered and the object for which the covenant was originally entered into at an end, the covenant cannot be enforced (Duke of Bedford v. Trustees of the British Museum, 2 My. & K. 552 ; German v. Chapman, 37 L. T. 685 ; Say ere v. Collyer, 28 Ch. D. 103). As to what breaches are considered sufficient to change the character of the neighbourhood see Meredith v. Wilson (69 L. T. 336). If the person who is endeavouring to enforce the covenant has himself been guilty of a breach, he cannot enforce such COVENANTS. covenant, unless the breach is only a slight or trivial one, and such person does not insist that he is entitled to continue it (Western v. Macdermott, 15 L. T. 641). There can be no acquiescence arising from constructive notice (Wilmott v. Barber, 43 L. T. 95). The Benefit of Covenants. As to when the assignee may claim the benefit of covenants, it is more difficult to lay down a general rule. In the great case of Austerberry v. Corporation of Oldham (27 Ch. D. 785), before referred to, Cotton, L. .!., said that, " in order that the benefit may run with the land, the covenant must be one which relates to or touches and concerns the land of the covenantee." There must also be something in the deed to define the property for the benefit of which it was entered into. The purchaser must also be aware of the covenant, as unless he is, he cannot be said to have contracted for the benefit of the covenant (Master r. Hansard, 4 Ch. D. 718). Where the owners of an estate sold part of it to A., who entered into restrictive covenants with such owners as to building, and the owners then sold the remainder of the estate to B., there being no reference in B.'s conveyance to such restrictive covenants, it was held that B. was not entitled to restrain A. from building in contravention of the covenant (Renal s r. Cowlishaiv, 11 Ch. D. 866). In fact, there was no intention on the part of the owners and B. at the time of entering into the contract that B. should have the benefit of A.'s restrictive covenants, and the principle on which restrictive covenants will be construed particularly in the case where a number of purchasers buy plots on the same estate seems to be the answer to the question, " What was the bargain between the parties concerned ? " (Harrison v. Good, L. R., 11 Eq. 338; McLean v. McKay, L. R., 5 P. C. 327). A purchaser may lose his right to enforce a covenant by acquiescing in breaches (see " Covenants Generally," ante). 84 NOTES OS VKH USING TITLES. Covenants as to Deeds. The absence of a legal covenant for production of deeds does not appear to be an objection to title (Vendors and Purchasers Act, 1874, s. 2). Covenants for production of deeds should be examined, as they may give the purchaser notice of an incumbraiice not abstracted (1 Preston on Abstracts, 153). Covenants for production of deeds and the modern equivalent acknowledgment for production and under- taking as to safe custody run with the land. There seems to be some doubt as to whether a trustee retaining deeds can be compelled to give an undertaking for safe custody, but the practice now seems to be tending in the direction of not asking him to give an undertaking. But, in opposition to this statement, see Hood * GhaUiis Conveyancing Acts, 1895 ed., 48. Their view is that pre- viously to the passing of The Conveyancing Act, 1881, the practice was established that trustees ought, in the absence of express stipulation, to give both an acknowledgment and an undertaking (or the then equivalent covenant), and that, as the Act has made no alteration, the practice should continue. They further point out that re Agg -Gardner (25 Ch. D. 600), which is against their contention, was decided by Bacon, V. C., on special grounds. A legal tenant for life is entitled to the custody of deeds as a matter of right (Garner r. Hannyngton, 22 Beav. 627). An equitable tenant for life is, as a general rule, entitled to the custody of the title deeds, even though the legal estate be devised to the trustees (re Bentley, Wade v. Wilson, 54 L. J., Ch. 782 ; re Bumabys Settled Estates, 61 L. T. 22 ; in re Wythes, West v. Wythes, 62 L. J., Ch. 663). Generally, when land is held by several owners under a common title, he who can get possession of the deeds is entitled to keep them (Foster v. Crabb, 12 C. B. 136; 5 Bythewood Sf Jarman, 253). A vendor is entitled by The COVEXAXTS. 85 Vendors and Purchasers Act, 1874, to retain deeds relating to property in which he has an interest (Section 2). Miscellaneous. On a conveyance for value subject to a mortgage, there is, in the absence of express agreement, an undertaking implied by law on the part of the purchaser that he will indemnify the vendor against personal liability (Adair v. Garden, 29 L. R. Ir. 469). On the sale of a reversion, as the purchaser will have to pay the succession duty when it falls into possession, he should covenant to indemnify the purchaser against it (5 Rytheivood fy Jarman, 599, note). As to a covenant not to assign without the lessor's consent not preventing a bequest by will, nor extending to an alienation by operation of law e.g., by bankruptcy, or by a judgment and as to a lessor not being allowed to charge a fine for granting a licence (unless power expressly given by lease), see " Execution and Completion of Deed, Notice, of conveyances of land or chattels made for good (which means " valuable," Johnson v. Legard, 6 M. & S. 60) con- sideration and bond fide in favour of persons having no notice of the fraud. It will be noticed that the Statute affects settlements for value as well as voluntary transactions (Ex parte Cooper, 59 L. T. 774, affirmed 5 M. B. R. 268 ; Parnell v. Stedman, 1 C. & E. 153 ; re Johnson, Golden v, Gillam, 20 Ch. D. 389, affirmed 51 L. J., Ch. 503; re Hemingway v. Braithwaite, 61 L. T. 224). A settlement was held void under the Act where it was made to avoid an expected judgment (Crossley r. Elworthy r L. B., 12 Eq. 158), and an execution (Bott r. Smith, 21 Bea. 511). But the mere fact of a voluntary conveyance having the effect of preferring one creditor to another will not render it void under the Act (Middleton v. Pollock, 2 Ch. D. 104). A voluntary conveyance with a power of revocation is deemed to be on the face of it fraudulent within the meaning of the Act (Tarback v. Marbury, 2 Ver. 510). See also Godefroi's Trusts, 137 to 141. Case law has created a further exception. A convey- ance by a volunteer, under a voluntary settlement, to a purchaser or mortgagee without notice for valuable consideration is within the protection of the exception, so as to prevent the original settlement being a voluntary conveyance within the meaning of the Act (Halifax Banking Co. r. Gledhill [1891], 1 Ch. 31), and whether the interest be of a legal or an equitable nature (idem). See also re BraU, Ex parte Norton (69 L. T. 324). It was held (before The Voluntary Conveyances Act, 1893, when the point was of importance) that an assignment of leaseholds in form voluntary was a conveyance for value within 27 Eliz. c. 4, owing to the liability on the part 124 NOTES ON PERUSING TITLES. of the assignee to pay the rent and perform the covenants of the lease (Price v. Jenkins, 5 Ch. D. 619). But such an assignment is not a conveyance for value within 13 Eliz. c. 5 (re Ridler, 22 Ch. D.' 74). By 27 Eliz. c. 4 it was provided that a voluntary con- veyance of real estate could be defeated by a subsequent conveyance to a purchaser ; but The Voluntary Conveyances Act, 1893 (56 & 57 Viet. c. 21), which, with a saving in respect of transactions completed before the passing thereof (see Noyes v. Paterson, 71 L. T. 228), practically repeals this Section of the Act of Elizabeth, by enacting, by Section 2, that no voluntary conveyance of any lands, tenements, or hereditaments, whether made befoi^e or after the passing of the Act, if in fact made bona fide and without any fraudulent intent, shall hereafter be deemed fraudulent or covinous within the meaning of the Act 27 Eliz. c. 4, by reason of any subsequent purchase for value, or be defeated under any of the provisions of the said Act by a conveyance made upon any such purchase, any rule of law notwithstanding. The purchaser should also consider whether the trans- action is affected by the Bankruptcy Law. By Section 47 of The Bankruptcy Act, 1883 (46 & 47 Viet. c. 52), any voluntary settlement or conveyance except (1) a marriage settlement made before marriage ; (2) a settlement after marriage, if of property of settlor coming to him in right of his wife, if in favour of wife or children ; and (3) conveyance or mortgage in good faith and for valuable consideration is made void as against the trustee in bankruptcy of the settlor if he becomes bankrupt within two years after the date of the settlement, and if he becomes bankrupt within ten years of that date, unless the parties claiming under the settlement can show that he was, at the time of making the settlement, able to pay all his debts without the aid of the settled property, and that the property SETTLEMENTS AND VOLUNTARY CONVEYANCES. 125 passed at once by the settlement (see Exparte Todd, L. R., 19 Q. B. D. 186). The fact that under an assignment of leaseholds (otherwise voluntary) there is the liability of the volunteer to pay the rent, and perform the covenants, is not sufficient to bring it within the third exception above referred to (Ex parte Hill-man, 10 Ch. D. 624). Section 47 does not enable the Court to set aside a deed where the insolvent's estate is being administered in bank- ruptcy after his death (re Gould, L. R., 19 Q. B. D. 92). In Briggs v. Spicer ([1891], 2 Ch. 127), decided in February, 1891, it was held that an unwilling purchaser could not be- compelled to accept a title within ten years of a voluntary settlement forming part of the title, on the ground that there would be " parties claiming under the settlement," and that he might possibly be called on to show the settlor's solvency in accordance with the above Section. If the purchaser is a willing purchaser and wishes to get over the difficulty, he should ask for the settlor's concurrence in the conveyance, and for a declaration by him of his solvency without the aid of the settled property. Some doubt has been cast on the decision in Briggs- r. Spicer by the fact that Mr. Justice Vaughan Williams in two later cases has not followed the decision ; but it will be for the Court of Appeal to say which is the correct view. The decisions referred to are (1) re Vansitart, Ex parte Brmvn (L. R. [1893], 1 Q. B. D. 181), and (2) in re Brail, Ex parte Norton (41 W. R. 623). In the former case Mr. Justice Vaughan Williams thought the intention of the Act was that it should operate only on those who claimed as donees under the voluntary settlement, and not on pur- chasers in good faith, without notice and for valuable consideration from such donees. The learned Judge referred to Briggs v. Spicer, and drew a distinction on the ground that the purchasers in that case had notice of the voluntary 126 NOTES ON PERUSING TITLES. settlement. But in the second case there does not appear to have been even this distinction. The same learned Judge, after pointing out that in this case the claimants had notice that the mortgagor claimed under a voluntary settlement, held that this did not prejudicially affect their right to priority, because they had no notice of any fact avoiding the voluntary settlement, nor that the settlor was insolvent, and the bankruptcy which brought the Section into operation had not occurred at the time of the advance and mortgage by the claimants to the mortgagor. As to the effect of the words " pay to, or permit to receive," the rents on the legal estate under marriage settlements, Mr. Elphinstone says that he has been unable to find any case deciding the effect of these words in a deed. He points out, however, that the reason for the same words in a will being construed to pass the legal estate to the tenant for life is, that the words " permit and suffer " follow the words " to pay unto," and that where there is a repugnancy, the first words in a deed, and the last words in a will, prevail. He concludes, therefore, that in the case of a marriage settlement, the legal estate would remain in the trustees (Elphinstone' 's Interpretation of Deeds, 273). It is considered correct for the purchaser to ask in his requisitions whether the vendor has made any settle- ment (see Lloyd's Banking Co. v. Jones, 29 Ch. D. 221), but apparently the vendor need not answer (re Ford and Hill, 10 Ch. D. 365). As to Settlements made by an Infant see pp. 24 to 26. As to Married Women see pp. 29 to 38. See also " Conditions in Restraint of Alienation " and " Perpetuities," pp. 102 to 105. See also " Execution and Completion of Deed, Notice and Consent," pp. 86 to 90. As to a settlement forming the root of a title see p. 10. GOVERNMENT DUTIES. 127 CHAPTER V. GOVERNMENT DUTIES. THE purchaser should satisfy himself that there is no Succession or Estate Duty charged on the property. . The new estate duty under The Finance Act, 1894, is a first charge on the property, except as against a bond fide purchaser for valuable consideration without notice (Sec- tion 8, Sub-section 18, and Section 9, Sub-section 1). The purchaser should ask for the production of a certificate from the Commissioners that duty has been paid (Section 9, Sub- section 2, and Section 11, Sub-section 1). The payment of estate duty exempts property on which such duty has been paid from succession duty in the following cases : 1. In respect of estates of persons dying after the 1st August, 1894, where the parties taking are lineals (Section 1 and Schedule I.). 2. Estates under 1,000 (Section 16, Sub-section 3). Any gift of land or property, although operating as an immediate gift inter vivos, made twelve months before the death of the giver is liable to estate duty, and " gift " will include a settlement in consideration of marriage (Section 2, Sub-section c). But estate duty is not payable in respect of property passing on the death of the deceased, by reason only of a bond fide purchase from the person under whose disposition the property passes, where such purchase was made for 128 NOTES ON PERUSING TITLES. full consideration paid to the vendor for his own use or- benefit (Section 3). In cases not coming within the above exemptions succession duty is payable on every disposition of property by reason whereof any person shall become beneficially entitled to any property or the income thereof upon the- death of any person dying after May 19, 1853, and every devolution by law of any beneficial interest in property, &c. ; and such duty is a first charge on the interest of the- successor (Succession Duty Act, 1853, s. 2 ; see also 51 Viet- c. 8, ss. 21 and 22). For the purpose of calculating the duty under a general power of appointment on the exercise of the power by the- donee, the appointee pays duty upon a succession derived from the donee and not from the original settlor (Attorney General v. Upton, L. R., 1 Ex. 224). But an appointee under- a limited power is deemed to take from the original settlor (Succession Duty Act, 1853, s. 4). The purchaser of a reversion buys amongst other- bui-dens that of the payment of the succession duty (Cooper v. Trewby, 28 Beav. 194 ; in. re Langham and Langham Hotel Co., 60 L. J., Ch. 110), and he should covenant with the vendor to indemnify him therefrom (5 Bythewood Sf Jarman, 599, note). Where he purchases the whole estate from the tenant for life and remainderman, he is entitled to have the estate in fee in possession cleared from the burden of the succession duty (re Cooper Sf Allen's Contract, 35 L. T. 890). Where lands subject to leases at ground rents were sold subject thereto, but free from incunibrances, Held r That the succession duty payable in respect of the increased value of the property on the determination of the leases must be borne by the vendors (in re Kidd v. Gibbon'* Contract, 68 L. T. 647). EXEMPTIONS FROM SUCCESSION DUTY. 129 Exemptions from Succession Duty. 1. See above as to when estate duty exempts from payment of succession duty. 2. The property, as against a purchaser for valuable consideration or a mortgagee, is not to remain charged with succession duty after the expiration of six years from the date of notice to the Commissioners of Inland Revenue of the fact that the successor has become entitled in possession, or, in the absence of such notice, after the expiration of twelve years from the happening of the event (whether before or after the passing of the Act) which gave -rwt. to an immediate claim for duty (Inland Revenue Act, 1889, s. 12). 3. The husband or wife of a successor is exempt from duty if the property be settled by the other (Succession Duty Act, 1853, s. 18) ; but not if the property be settled by anyone else (Attorney -General v. Robertson, 68 L. T. 371). 4. Where the whole succession or successions, derived from the same predecessor and passing upon any death to any person, shall not amount in principal value to 100 (Succession Duty Act, 1853, s. 18). 5. By Section 38 of The Succession Duty Act, 1853, it is provided that an allowance may be made to a successor who has to relinquish other property. But the allowance is now limited to the value of property (acquired other than as a successor) actually passing from the successor to some other person (Inland Revenue Act, 1889, s. 10). 6. The exercise of a power of sale frees the land in the hands of the purchaser from succession duty, the liability being by Section 42 of The Succession Duty Act, 1853, shifted to the purchase-money (Dugdale v. Meadotvs, L. R., 6 Ch. 501). This decision has been doubted (see K 130 NOTES ON PERUSING TITLES. 2 Dav. Free., 4th ed., 383). A sale by the Court under The Settled Estates Act, 1877, was held to stand on the same footing as an express power, and the purchaser took the property free from, liability to succession duty (Warner's Settled Estates, 17 Ch. D. 711). The same rule will, no doubt, apply to sales under The Settled Land Acts, 1882 to 1890 (Dart's Vendors and Purchasers, 669). 7. Where a person died before August 1st, 1894, and the property devolved on children and persons liable to pay one per cent, succession duty, such property as was included in the schedule to the affidavit for probate and administra- tion duty was exempt from succession duty ; all property included in the affidavit on which the fixed duty of thirty shillings had been paid was also exempt from succession duty (Inland Revenue Act, 1881, ss. 36 and 41). COPYHOLDS. 131 PART IV. COPYHOLDS. IN the following brief notes only the chief points in which Copyholds differ from Freeholds are touched upon. CONTRACT. Unless the contract for sale of freeholds and copyholds intermixed contains a condition that the purchaser shall not be entitled to have the boundaries distinguished, he will be entitled to have the land of each particular tenure pointed out, and distinguished by its particular boundaries. The usual condition relieving the vendor from proof of identity will not of itself deprive the purchaser of his right to have the boundaries of the tenures distinguished in the case of intermixed lands. A condition that the purchaser is not to require any further proof of identity than is furnished by the deeds themselves is insufficient, in the absence of proof of identity as to the whole or a part of the property ; it is, in effect, a contract that the deeds shall show identity, and if they do not, a good title is not made (Dart's Vendors and Purchasers, 175;. An agreement by the vendor to pay the expenses of the admittance, or to surrender and assure the property at his 132 NOTES ON PERUSING TITLES. own cost, will not extend to the payment of the fine on admittance, because the title is perfected by the admittance, and the fine is not due until afterwards (Graham v. Sime, I East. 632). A purchaser is not bound to accept land of a different tenure to that which he co'ntracted for (Drewe v. Corp, 9 Ves. Jun. ; Elton on Copyholds, 1892 ed., 78), unless the purchaser has waived the point by proceeding with the treaty of purchase after discovering the facts (Calcraft v. Roebuck, 1 Ves. Jun. 221 ; Elton, 76). When a copyholder contracts to surrender, but dies before performing his contract, a Court of Equity will supply the want of a surrender in favour of a purchaser for value or a mortgagee, and will enforce the contract against the heir, widow, devisee, or surviving joint tenant (Elton, 76). PARTIES. Appointee (Donee under Power of}.' See " Trustee," post. Bankrupt. The trustee of a bankrupt can dispose of copyholds without being admitted (Bankruptcy Act, 1883, s. 53). He should convey by deed as if he were exercising a power of appointment limited to him under a surrender to such uses as he should appoint (5 Byth. fy /arm., 336). Building Society. A building society registered under the Building Societies Act, 1874, may appoint trustees to be admitted, and they will only be liable to pay the fines and fees payable by a single tenant (Building Societies Act,. 1874, s. 28). The usual provisions as to a statutory receipt also apply, and on production thereof, verified by oath, the steward will give a certificate of the satisfaction of the mortgage (Section 42). Similar provisions are contained in The Industrial and Provident Societies Act, 1876, and The Industrial and Provident Societies Act, 1893. PARTIES TO CONTRACTS. 133 Corporation. The lord may refuse to admit a corporation (Elton, 51). Curtesy (Tenant by the). See "Married Woman," post. Executor and Trustee. See " Trustee," post. Friendly Society. Similar provisions as to the admittance of friendly societies and discharge of mortgages to those relating to building societies are contained in The Friendly Societies Act, 1875 (see " Building Society," ante). Heir-at-Laiv. On the death of a copyholder the estate vests in his heir. A Witt does not carry the estate to the devisee ; it only has the effect of passing the right to be admitted. If the devisee does not apply to be admitted, the heir is entitled to be admitted. If neither the devisee nor heir was admitted, the lord could seize quosque, as he can insist that he shall never be without a tenant or possession of the land (Garland v. Mead, L. R., 6 Q. B. 441). In a contest between the devisee and the heir as to who should be admitted probably the lord would be bound to admit the devisee (Rex v. Lord of Hexham Manor, 5 A. & E. 559). But admittance of itself does not give a title if the person has not otherwise a title (Zouch d. Forse v. Forse, 7 East. 186). If it is necessary for an infant heir to be admitted, he or his guardian can be admitted. If he is without a guardian he can in writing appoint some person to be admitted as attorney (11 Geo. IV. & 1 Will. IV. c. 65, s. 4). Joint Tenants. The admittance of one of several copar- ceners or joint tenants is the admittance of all (Bence v. Gilpin, L. R., 3 Ex. 76). Lunatic. By The Lunacy Act, 1890, it is provided that the committee of the estate of a lunatic may, under order of the Judge in Lunacy, sell, lease, exchange, or convey, in pursuance of a contract, any property belonging to a lunatic or in which he is interested (Sections 120 to 124). Married Woman. Before The Married Women's Property 134 NOTES ON PERUSING TITLES. Act, 1882, her surrender of her legal estate was void, unless made with her husband's consent and after separate exami- nation (3 & 4 Will. IV. c. 74, s. 77) ; but since that Act her surrender is good without the husband's concurrence or separate examination (Sections 2 and 5). As to her equitable estates, she can, and always could, pass them, either by surrender with her husband's concurrence after separate examination or by an acknowledged deed (3 & 4 Will. IV. c. 74, s. 90; Married Women's Property Act, 1882, s. 5). The purchaser should make inquiries as to the custom of the manor as to freebench, but ordinarily it is defeated by the husband's alienation, or by his will (Lacey v. Hill, L. B., 19 Eq. 346), or by his bankruptcy (Parker v. Bleake, Cro. Car. 568). It does not attach to equitable estates (3 Preston on Abstracts, 367 ; Chaplin v. Chaplin, 3 P. Wms. 229). The Dower Act, 1833, does not apply to freebench (Smith v. Adams, 18 Beav. 499). There is in most manors a custom for the husband to take a life interest by the curtesy, but he would not be entitled unless there was such a ciistom (3 Preston, on Abstracts, 380). The right to freebench and curtesy will attach even before admittance (Vaughan v. Atkins, 5 Burr. 2765). Query whether divorce, by destroying the mutual rights between husband and wife, will defeat freebench and curtesy (see Frampton v. Stephens, 21 Ch. D. 164). Mortgagee. Where a mortgagor, having executed a covenant to surrender, neglected to make the conditional surrender for twenty-eight days after the mortgagee had demanded it, and tendered engrossment, the Court, on petition by the mortgagee, made a vesting order under Section 2 of The Trustee Extension Act, 1852 (re Crowe's Mortgage, L. B., 13 Eq. 26). This Section is now replaced by Section 32 of The Trustee Act, 1893 (Rudall Sf Greigs PARTIES TO CONTRACTS. 135 Trustee Act, 1893, 116). It is not usual for a mortgagee to be admitted unless he is selling under his power of sale. The admittance ^5^a mortgagee may alter the course of descent of the property (Elton, 80). As to discharge of the mortgage, a warrant of satisfaction is entered on the Court Roll, and a release with a covenant that he has not incumbered is given. But if the mortgage has rested merely on a covenant to surrender, the release with the covenant that he has not incumbered is sufficient. If the mortgagee has been admitted he would have to surrender (Elton, 80 and 81). An equitable mortgage may be created by the mere deposit of the copies of the Court Roll ( Whitbread v. Jordan, 1 Y. & C., Ex. 303 ; Exparte Warner, 19 Yes. Jun. 202). Tenants in common must be admitted separately (Elton, 73). Tenant in tail. Copyholds are not within the Statute De Donis (13 Edward I. c. 1), but may be entailed if there is a custom to warrant it. If there is no custom to entail, a grant, which would in the case of freeholds create an estate tail, will only in the case of copyholds create a conditional fee (2 Preston on Abstracts, 29 ; Elton, 22). But as a matter of fact the custom exists in most manors. A legal tenant in tail of copyholds may dispose of the same so as to bar the entail by surrender without enrolment (3 & 4 Will. IV. c. 74, ss. 50 and 54). An equitable tenant in tail may bar the entail either by surrender or by deed. Limited dispositions, as by way of mortgage or the like, operate as a bar in Equity and law so far as may be necessary to give effect thereto (Section 21). When the entail is barred by deed, such deed must be entered in the Court Rolls of the manor within six months after its execution (Sections 50, 53 ; Gibbons v. Snape, 1 De Gr. J. & S. 621 ; Green v. Paterson, 32 Ch. D. 95). The protector's consent is 136 NOTES ON PERUSING TITLES. required as in freeholds. The protector that is, the owner of the prior estate continues protector although he may have incumbered his estate (Section 22). The deeds need only be enrolled on the Court Bolls, and not in Chancery (Section 54). Where the consent is given by a distinct deed, the same will be void, unless entered on the Court Bolls with or before the assurance (Section 46). Where the tenant in tail surrenders, the consent can be given by the protector in person to the person taking the surrender (Section 52). It would seem that an estate tail in customary freeholds must be barred in the same way as in ordinary freeholds (Elton, 29). Trustee. A will devising the property has not the effect of conveying the estate to the devisee, but simply passes the right to be admitted (Garland v. Mead, L. B., 6 Q. B. 441) ; and therefore where the estate is devised to trustees, they, or those who have not disclaimed, must be admitted to make a title to the purchaser (Reg. v. Garland, L. B., 8 Q. B. 269). The usual practice in such a case is for all the trustees but one to disclaim to save the extra fines (Bence v. Gilpin, L. B., 3 Ex. 76). The fact of the executors (being also trustees) taking out probate will not prevent them disclaiming (Wellesley v. Withers, 4 E. & B. 750). Where the will merely directs the executors to sell, without devising to them the legal estate, they can convey by bargain and sale, and the purchaser need only be admitted that is, provided the sale can be effected before the lord can hold three courts, and seize quosque for want of a tenant (1 Watk. Cop. 105, 127, 334, 353) ; and the same remarks apply where the testator has not devised the estate to the trustees, but only given them a power to appoint in favour of a purchaser (Elton, 89 ; Hayes Sf Jarman's Forms of Wills, 134, 135). If the sale cannot be effected before the three courts SURRENDER AND ADMITTANCE. 137 have been held, it may be convenient and a saving of expense to tender the heir for admittance (Elton, 89). For until the admittance of the devisee or purchaser, the legal estate is in the customary heir (Garland v. Mead, L. B., 6 Q. B. 441). Where an equitable tenant for life sold under The Settled Land Act, 1882, it was held that the trustees need not be admitted, and that the lord could only ask for one fine (re Naylor fy Spendlas's Contract, 34 Ch. D. 217). But probably the rule woiild be otherwise if the sale had not been effected before the lord was in a position to seize quosque (Hood Sf Challis's Conveyancing and Settled Land Acts, 1895 ed., 221). See " Heir-at-law," ante. See also " Mortgage and Trust Estates of Inheritance," post. H SURRENDER AND ADMITTANCE. A copyholder cannot convey more than he has in the land, and it appears that he will not be bound by estoppel by his subsequent possession of a greater estate (Elton, 62) as a freeholder might be (p. 54, ante). The legal estate in copyholds does not pass until admit- tance (see Hall v. Bromley, 35 Ch. D. 642) ; but the fact of admittance alone will not pass the legal estate (Elton, 68 ; Scriven on Copyholds, 95). The purchaser should satisfy himself on the following points : (a) That the person who surrenders has himself been admitted. If not, a subsequent admittance will not make the instrument valid (Elton, 64). (6) That the person admitted is the surrenderee (Doe d. Blackivell v. Tomkins, 11 East. 185 ; Scriven, 95). There are a few exceptions to this rule e.g., an equitable tenant in tail (3 & 4 Will. IY. c. 74, 138 NOTES ON PERUSING TITLES. ss. 53 and 77), an heir, also a remainderman. The admittance of the particular tenant is also the admission of the remainderman (Elton, 54). (c) That the admittance is in accordance with the surrender, for the lord has no power to change the estate to be transferred, and if he admits otherwise than according to the surrender, the surrender will control the admittance (Elton, 52, 63). If any surrender or admittance has been by attorney, the purchaser should inspect the power to satisfy himself that it authorised the act. He should also satisfy himself that the power had not been revoked, unless it came within the pro- visions of Section 8 or 9 of The Conveyancing Act, 1882 (see also pp. 15 and 16). The attorney appointed may be an infant, or a married woman, or any person under disability, if only of sound mind (Elton, 58, 59). A covenant to surrender passes an equitable estate. Equitable estates in copyholds cannot be surrendered, with some few exceptions, such as executory and contingent estates and a married woman's equitable estates. They can, of course, be passed by deed. A married woman's equitable interest can (with the concurrence of her husband after separate examination) be transferred either by surrender or deed. The purchaser should see that the surrender contains proper words of limitation, as different manors have different customs as to what words are sufficient to pass the legal estate (see 5 Bythewood fy Jarman, 316 ; Elton, 51, 52). The purchaser should also see that the surrender is entered on the Rolls before payment of the purchase money, as otherwise a subsequent purchaser might get in the legal estate by surrender and admittance, and so gain the advantage of title (Elton, 75). VESTING ORDERS. 139 As to admittance, all that is really necessary for the admittance of a surrenderee is that the lord should in some unequivocal way express his consent to the surrenderee becoming his tenant (Gilbert on Tenures, 364 ; Watkins on Copyhold, 281, 282). For instance, the acceptance of quit rents by the steward or lord of a manor from a person entitled to be admitted has been held to operate as an implied admittance of such person, and if, therefore, such person refused to come in and be admitted after notice, the lord could not seize quosque (The Ecclesiastical Commissioners for England v. Parr and Others, 71 L. T. 65). But acts, which, if done by the lord personally, may amount to an acceptance and implied admittance of the tenant, do not always so amount if done by the steward (Elton, 68). The title of the surrenderee after admittance relates back to the date of the surrender (Elton, 63, 69); and, as we have seen above, the operation of the admittance is governed by the limitation of uses in the surrender, the lord or steward having authority only to admit according to the surrender. An admittance may now in all cases be taken without holding a Court, and either in or out of the manor, and by attorney. It would seem that the attorney may be appointed either orally or in writing (Copyhold Act, 1894, s. 84 ; Rudall 8f Greigs Copyhold Ad, 1894, 127, 128). VESTING ORDERS. A vesting order of copyholds under The Trustee Act,. 1850, or The Trustee Extension Act, 1852, did not dispense Avith surrender or admittance, unless made with the consent of the lord of the manor (Section 28 of the first-named Act). These Acts have now been repealed by The Trustee Act, 1893 ; and Section 34 of the same Act re-enacts Section 28 of 140 NOTES ON PERUSING TITLES. The Trustee Act, 1850. The consent of the lord may be obtained after the order has been made (Paterson v. Paterson, L. B., 2 Eq. 31). An exception to the rule arises in the case of trustees disclaiming before exercising any act of owner- ship over the estate, and before being admitted, so that there is no legal estate in them. In such a case the consent of the Court is not necessary to an order vesting the estate in the new trustees appointed by the order (in re Flitcroft, 1 Jur., K S. 418). The usual practice, however, is for the Court to appoint a person to convey under Section 28 of The Trustee Act, 1850, now replaced by Section 34 of the 1893 Act. By these Sections the lord is bound to admit such person, and he can only ask for one fine (Rudall 8f Greig's Trustee Act, 1893, 118). LEASES. If there is any lease affecting the property, the purchaser should ascertain whether the lord's licence has been obtained, as the neglect is a cause of forfeiture, except (a) in the case of a lease for one year, or (6) where there is a special custom to the contrary (Scriven, 179). A lease for one year, and so on from year to year, if not warranted by custom, will be a cause of forfeiture (Elton, 35). The lease will only be void as against the lord, and will be good between the parties. The lord may waive the for- feiture. The lord having sanctioned the lease, the lessee may assign or underlet without any fresh licence (Elton, 35). The lord's licence will in general last only during the continuance of his own estate (Elton, 36), unless given under the provisions of The Settled Land Act, 1882. A copyholder's lease is a common law assurance, and where the property is in a register county the document must be registered in the local registry (Elton, 94, 95). MORTGAGE AND TRUST ESTATES OF INHERITANCE. 141 MORTGAGE AND TRUST ESTATES OF INHERITANCE. Before 1882 the same rules applied as in the case of freeholds (see pp. 108 and 109), subject to the ordinary law of copyholds that a person can only by his will name the person who is to be admitted, and that until his admittance the legal estate passes to/b*> customary heir. /fe And also from 1882 to September, 1887, as in the case of freeholds, by virtue of Section 30 of The Conveyancing Act, 1881, the personal representatives of a sole trustee or mortgagee might, on his death, notwithstanding any testa- mentary disposition by him, dispose of such trust and mortgaged estates as if they were chattels real. Section 45 of The Copyhold Act, 1887, enacted that Section 30 of The Conveyancing Act, 1881, should not apply to land of copy- hold or customary tenure vested in a tenant on the Court Rolls ; and now Section 45 of The Copyhold Act, 1887, has, for the purposes of consolidation, been repealed by The Copy- hold Act, 1894, and replaced by Section 88 of the latter Act. On the death, therefore, of a sole admitted trustee or mortgagee the customary legal estate will pass, as before, to the customary heir (see Elton, 101 ; and in re Mills, 40 Ch. D. 14, Ct. of App.). If such heir is an infant, and it is necessary for him to be admitted, it will still be necessary to apply for a vesting order under The Trustee Act, 1893 (see in re Franklyns Mortgagees, W. N". [1888], 217). And so the old rules as to construction of devises with regard to the inclusion or exclusion of trust and mortgaged estates will still apply to copyholds (Hood 8f Challiss Conveyancing and Settled Land Acts, 1895 ed., 99 ; see also ante, pp. 108 and 109). Considering the words of Section 88 of The Copyhold Act, 1894, it would seem that a mere right to be admitted,, as, for example, the right of a mortgagee to be admitted on a 142 NOTES ON PERUSING TITLES. conditional surrender, will still devolve under the provisions of Section 30 of The Conveyancing Act, 1881 (Rudall fy Greig's Copyhold Act, 1894, 130). The provisions of The Conveyancing Act, 1881, now replaced by Section 12 of The Trustee Act, 1893, as to vesting property subject to a trust in new trustees by a vesting declaration, do not apply to copyholds (Rudall fy Greig's Trustee Act, 1893, 64 to 66). DESCENT OP COPYHOLDS. In the absence of a local custom, of descent, and so far as such local custom does not expressly extend, copyholds are governed by the ordinary laws of inheritance (in re Smart, Smart v. Smart, 18 Ch. D. 165 ; Elton, 126). See also " Heir-at-Law," ante. REGISTRATION UNDER LOCAL ACTS. Copyhold surrenders do not require registration under the local acts, but enfranchisement deeds do (see Reg. v. Middle- sex Registrar, 21 Q. B. D. 555 ; Yorkshire Reg. Act, 1884, s. 28). A devise does not require registration under the local acts (Sugden's Vendors and Purchasers, 732). The Lands Registry Act, 1862, does not apply to copyholds (see Section 3) ; and The Land Transfer Act, 1875, by Section 2, excludes copyholds from its purview (Rudall 8f Greig's Copyhold Act, 1894, 141). It would seem, therefore, that the saving as to these Acts contained in Section 97 of The Copyhold Act, 1894, was not necessary. A lease, being a common law assurance, requires registration under the local acts if the property is within their districts (Elton, 94, 95). MISCELLANEOUS. 143 MISCELLANEOUS. Attendant terms are not often found on copyhold titles, but copyholds not being within the provisions of the Satisfied Terms Act (8 & 9 Viet. c. 112), it may in such cases still be necessary to trace the title of such terms during the whole of their existence (Davidson s Concise Precedents in Conveyancing, 26; Elton, 24). The Statute of Uses does not apply to copyholds, and the effect of a surrender to uses is that it operates as a direction to the lord whom to admit (Bac. Abr. 779 ; Eddlestone v. Collins, 3 De G. M. & G. 1 ; Elton, 24). The possession of covenants for title is primd facie evidence of ownership, but the possession of the copies of the Court Roll is not. A deposit of them, however, has been held to create an equitable mortgage (Whitbread v. Jordan, 1 Y. & C. Ex. 303 ; Pryce v. Bury, 2 Drew. 11). Mines and minerals do not pass under an enfranchise- ment deed (Copyhold Act, 1894, s. 23 ; Rudall $- Gh-eig's Copyhold Act, 1894, 47). As to Enfranchisement generally see Copyhold Act, 1894 (which is a consolidation Act), and Messrs. Rudall & Greig's work thereon. The fine is not payable until admittance, and therefore it is not payable by a vendor who has agreed to pay the <;ost of admittance, or to surrender and assure at his own cost (Reg. v. Wellesley, 2 E. & B. 924). If the vendor has not been previously admitted, the costs and charges in procuring his admission in order to enable him to make a surrender to the purchaser must be paid by him (Drury v. Man, 1 Atk. 95). The purchaser should search the Court Rolls and inquire of .the steward as to the customs of the manor, and par- ticularly as to the customs of descent and freebench. 144 NOTES ON PEKUSINtt TITLES. STAMPS. The steward of the manor stamps the surrender, and is allowed four months to make out and have a duly stamped copy of Court Roll of such surrender ready to be handed to the person entitled thereto (Stamp Act, 1891, s. 67). The steward is bound, under a penalty, to refuse to accept in Court any surrender, or to make in Court any grant until a note has been delivered to him stating all the facts which will enable him to properly stamp the copy of Court Boll. He is also bound to refuse to enter on the Court Bolls, or admit any person by virtue of, any surrender made out of Court which is not duly stamped (Section 66). The same Act also provides that the copy of Court Boll of surrender made out of Court shall not be admitted in evidence unless the surrender is duly stamped, of which fact the certificate of the steward on the face of the copy shall be sufficient evidence ; also that the entry on the Boll of a surrender shall not be evidence, unless the surrender if made out of Court, or the copy of Court Boll if made in Court, is duly stamped, of which fact the certificate of the steward in the margin of such entry is proof (Section 65). The steward may refuse to proceed except on payment of his fees and the stamp duty (Section 68). GENERAL POINTS FOR THE PURCHASER TO CONSIDER. I. That the property described throughout the abstract is the same as that contracted to be sold, and, in case of leaseholds, that the term and rent are as described in the contract. '2. That the root of title is sufficient, and that the legal and equitable estate is properly traced to the parties who are to convey to the purchaser. 8. That there are no defects in the form of any of the documents abstracted. 4. That the parties to deeds throughout the abstract had power to buy and sell, and particularly as to the effect of any of them being bankrupts, married women, infants, trustees, Consider whether married woman has power to make a Will, 34, 35, 99, 100. For instance : She cannot pass the legal estate in free- holds held by her as separate property, other than separate property under The Married Women's Property Act, 1882, nor the legal or equitable estate in freeholds not held for her separate use, not even with the consent of her husband, 34, 35, 99, 100. She can, however, devise leaseholds if husband gives his consent to the Will, 35, 100. Her Will now takes effect from the date of her death, 35, 100 r 102 (see also re Wylie, Wylie r. Moffatt, Law Times r Notes of Cases, April 20, 1895). If married woman dies without a Will, her leaseholds go to her husband without administration, and her freeholds to her heir, subject to right of husband to estate as- tenant by the curtesy. 35 (see CURTESY, TENANT BY THE), Conveyance by husband to wife of freeholds before 1881, and of leaseholds before 1882, void, unless trustee inter- posed, 33. Grant to husband and wife after 1883 creates a joint tenancy, but before that date a tenancy by entireties, 27, 33. Ascertain whether husband has exercised any power over his wife's property given him by law, 36, 37. The Intestates' Act, 1890, which gives wife an interest in her husband's freeholds, does not apply to a partial intestacy, 38. Dower, 33, 34. Moi1yaget># (pages 39 to 43). A mortgagee cannot buy from himself, and an agent appointed to sell or to collect the rents cannot buy from the mortgagee, 39. 156 REMINDERS. Secretary of a Building Society cannot buy from the Society, 39. Pm-chaser should see that mortgagor had power to mort- gage, and therefore to give the power of sale, 39. Sale must be " in professed exercise of the power of sale " conferred by the Conveyancing Act, to exempt the pur- chaser from enquiring whether the power of sale has arisen ; but the purchaser will not be protected if he have notice of an irregularity, 39, 56. On purchase from a transferee, see that assigns mentioned in power, 40. Statutory transfer cannot be used to transfer an ordinary mortgage, 40. A charge on the property may be created without express words of charge, 40. An equitable mortgagee cannot pass the legal estate, 40. Purchaser of equity of redemption should see that the mortgagee cannot consolidate, 40. See that mortgage before 1882 contained a joint account clause, 40, 53. Consider carefully as to devolution of mortgaged estates of inheritance on death, and as to assigns or heir being mentioned in % the mortgage, to enable them to exercise power of sale, 41, 108, 109. Also, effect of there being no personal representative in whom estate to vest, this case not being provided for by the Conveyancing Act, 41, 109. Personal representative under Section 4 of Vendors and Purchasers Act could only re-convey ; he could not exercise the power of sale, nor transfer, 41, 109. Attornment clause with power of distress void, as not registered as a bill of sale, 42. REMINDERS. 157 Mortgage of land passing machinery by being affixed, need not be registered as a bill of sale, 66. But if the fixtures are mentioned and assigned, and further dominion given over them, than a mortgage without mention of them would give, the deed will be void as to such fixtures, as not having been registered, and, of course, in the case where more fixtures are assigned than would pass without men- tion of them, 66. The deed will not be void in other respects, 66. Mortgagee cannot sell land and minerals separately, 63. Purchaser entitled to have mortgages discharged out of the purchase money, 41. Railway Companies (pages 43, 44). Company cannot sell land acquired for special purposes of undertaking for any purpose outside its Act, 43. Company must sell superfluous land within ten years of time fixed for completion of works, unless a special time mentioned in Special Act, and it must sell absolutely, 43, 44. Notice to treat operates as a contract to take all lands mentioned thei-ein, 3. Company giving notice to take part of a building may be compelled to take the tvhole, 3. See that all rights of pre-emption have been satisfied or surrendered, 44. See that receipt for purchase money is sealed with company's seal or signed by two directors, 44. Where surface is sold to railway company, and company does not buy minerals after notice, owner can work them without regard to the surface, 62. 158 REMINDERS. Tenants in Tail (pages 44, 45). If deed purporting to bar entail be not enr-olled within six months, estate for life only created, 44. Base fee only created, if consent of protector not obtained, or, where consent taken separately, when not enrolled with or before disentailing deed, 45. A mortgage (other than a mortgage by demise, which is the proper way to mortgage an estate tail) may operate to bar the entail, 45. A tenant in tail has the powers of a life tenant under Settled Land Acts, and need not bar entail to give purchaser the legal fee, 45. Rule in Wild's Case that a devise to A. and his children, where there are no children at the time of the devise, gives A. an estate tail, 45. THE DIFFERENT PARTS OF A DEED. Recitals (pages 46 to 50). A recital in a deed twenty years old is only evidence of so much of the deed as is stated in recital, 46. A sub-recital is not a recital for purposes of evidence under the Vendors and Purchasers Act and the Conveyancing Act, 50. Recital of conditions of sale by auction brings them on the title, and copy should be asked for, 48. Purchaser cannot go behind recital framed to keep notice of a trust off the title, 49. Recitals may disclose a breach of trust, 48, 49. If recital discloses that trustees have purchased property, or invested money on mortgage, as an investment, ascertain whether they had power to buy or mortgage, and if not, beneficiaries should join, 48, 49. REMIN'DEKS. 159 If recitals disclose a marriage, ascertain if any settlement executed, 49. Marriage settlement varying from articles, as recited therein, may be made conformable to articles, 47, 48. A recital that something intended to be done may amount to a covenant to do that thing, 49. A recital may act as an estoppel, 50. Recitals may control the operative words of a deed, and also the covenants, 47. Consideration and Receipt Clause (pages 51 to 54). See that deed not voluntary. The obligation of having to pay rent under a lease may prevent the deed being voluntary, 51, 123, 124. Where no consideration, words " unto and to the use of " necessary to pass the fee, 51. Fact of consideration being much smaller than in previous deeds may put purchaser 011 inquiry as to whether the whole property was intended to be passed, 51, 52. Stamp Act requires consideration to be fully set forth, and therefore the price of fixtures, timber, &c., should be included in consideration on which stamp duty paid, 52. Where builder builds a house and sells it to a purchaser, and the lease is made direct to the purchaser, the facts should be stated and stamp duty paid as on a lease and an assignment, 97. 'Trustees cannot sell for a rentcharge or annuity, 52. ,See that deed contains express words acknowledging receipt, as mere statement that money paid is not sufficient, 52. One of several trustees cannot give a good receipt, 53. See that vendor has no lien for unpaid purchase money, by reason of pur-chaser having notice that the whole of the money not paid, 53. 160 REMIXOKliS. See that mortgage before 1882 contained joint account clause, 40, 53. On purchase of land held on underlease, see that ground rent legally apportioned, 54. Receipt for ground rent not evidence of performance of covenants in lease when rent a peppercorn rent, 81. Receipt for ground rent not a waiver of breach of covenants, in lease unless lessor had notice thereof, 81. Operative Words (pages 54 to 56). A grant will not pass more than the grantor has, except in some cases by estoppel, 54. Word " grant " under Lands Clauses Consolidation Act,. 1845, implies covenants for title, 55. Word " demise " in a lease implies covenant for quiet enjoyment, 55. In fact such a covenant is implied from the mere relation of landlord and tenant (see ADDENDA). Query whether " grant as beneficial owner " sufficient to- give covenants for title, and whether words " convey as- beneficial owner " should not be used, 55. When purchasing under a power, see that reference is made to power or property when necessary, 13, 55. On purchase under power of sale in a mortgage, see that sale made " in professed exercise of power," otherwise purchaser not exempt from seeing that power of sale arisen, 39, 56. But the purchaser will not be protected if he have notice of irregularity, 39. See that life tenant, lessor, &c., joins to give consent where necessary, 56. See also HABEXDUM. ROUNDERS. 161 Parcels (pages 57 to 66). Where plan referred to, ask for copy, 58. Inquire whether the roads have been dedicated and all payments made in respect thereof. In the case of land held under a lease, if the roads have not been dedicated, inquire of the lessor if anything owing for the making thereof, 58. The vendor should pay for road-making if work complete at date of contract, 59. There is an exception to the rule that the soil of half the road passes by a conveyance, in the case of (a) A conveyance of plot of land part of a building estate ; (6) A street in a town : (c) Ground intended to be used as a highway, but which has never been dedicated ; but the presump- tion does arise in the case of a private road, 59. Ascertain definitely as to the ownership of the walls, and if one wall divides two properties see that the parties have agreed that such wall shall be a party wall. If property held under a lease see that any covenant to build walls has been complied with, 59, 80. The presumption is that ditch and hedge belong to the owner of the land on which the hedge is planted, 60. When a new description is made, see that it includes all that it is intended to include, 58. An exception of " woods and underwoods " carries the soil itself on which they grow, 61. Where land has formed part of a Land Society, ask for copy rules to see that trustees had power to convey minerals, 61. A lease (for however long a period) does not pass to the lessee the right to work unopened mines, 61. H 162 REMCNDRRS. Distinction between a reservation of mines and a reservation of minerals, 62. Exception of minerals carries the right to work them, but not so as to damage the surface, 61, 62. Where surface sold to railway company and company does not buy minerals after notice, owner can work them without regard to the surface, 62. Trustee cannot sell land and minerals separately, without the sanction of the Court, except under Settled Land Acts, 63. Mortgagee cannot sell land and minerals separately, 63. General words implied by the Conveyancing Act will pass easements first created by grantor, and may i-evive extinct easements, 63. Under open contract purchaser may not be entitled to all easements implied by the Conveyancing Act, 64. Grantor of part of property retains no easements over the part granted, except certain easements of necessity, 64, 65. A reservation operates as a regrant, therefore see that grantee has executed deed, 65. General condition that property sold subject to all easements will not protect vendor against easements not disclosed by contract of which he was aware, 4, 65. General condition that purchaser shall not be entitled to compensation will only apply to trivial errors, 4, 66. Mortgage of land passing machinery by being affixed need not be registered as a bill of sale, 66. But if the fixtures are mentioned and assigned, and further dominion given over them than a mortgage without mention of them would give, the deed will be void as to such fixtures, as not having been REMINDERS. 163 registered, and, of course, in the case where more fixtures are assigned than would pass without men- tion of them, 66. Non-registration does not make the deed void in other respects, 66. Habendum (pages 67 to 74). Habeudum of freeholds limiting a future estate is void unless cured by express grant in prtesenti in premises, 69, 70. Grant to A., habendum to A. and B. : B. would take nothing, 68. Grant of Blackaci'e, habendum Blackacre arid Whiteacre, Whiteacre will not pass, 67. Grant to A. of Blackacre and Whiteacre, habendum Blackacre to A : A. will take an estate in fee in Blackacre, but only an estate for life in Whiteacre, 67, 68. When the words " unto and to the use of " are omitted, see that deed contains consideration to prevent estate reverting to the grantor, 70. But deed exercising power of appointment, should only appoint "to the use of," 70. Before 1882, word " heirs " necessary to pass the fee, and words " heirs of the body " to pass an estate tail, 71. Equitable estates require the same words of limitation as legal estates, 71, 72 (see also Dearberg v. Letchford, Laic Times, Notes of Cases, April 20, 1895). No words of limitation required in (a) Vesting declarations under Conveyancing Act ; (6) Statutory transfers ; (c) Release by one partner or one joint tenant to another, 72. 164 REMINDERS. Consider whether there are any circumstances to make the grantees tenants in common, though on the face of it they appear to be joint tenants, 72, 73. If trustees have no active duties to perform they do not take the legal estate, unless same granted to them in strict accordance with Statute of Uses, 73. Rule wider in Wills, 74, 111, 112. Statute of Uses does not apply to leaseholds, 74. Where property is held under a lease, see that term and rent are the same as mentioned in contract, 74. Property sold as held under a lease, no title shown if only an underlease, 74. See that last days are got in, 74. Purchaser entitled to have incumbrances discharged out of the purchase money, 41. Tithe rent charge and land tax are not incumbrances, 74. Covenants (pages 75 to 85). A covenant will bind a person taking the benefit of a deed, although he has not executed it, 75. The benefit of a covenant may be taken although the taker be not a party thereto, 75. When land is sold to be used for a particular purpose, the grantor is under an obligation to abstain from doing anything on his adjoining property which would prevent such user, 75. A covenantee may lose his right to enforce a covenant by conduct amounting to acquiescence, but acquiescence will not arise through constructive notice, 75. The absence of covenants for title is not a defect of title, 75, 76. REMINDERS. 165 Query whether " grant as beneficial owner " is sufficient to imply covenants for title, and whether " convey as beneficial owner" are not the necessary words, 76. Though conditions omit to state that vendor a trustee, purchaser cannot insist on further covenants than that he has done no act to incuniber, 76. Query whether sale by liquidator as " trustee " carries covenant against incumbrances, 76. The word " grant " in conveyances by public companies implies covenants for title, 77. The word " demise " in a lease implies a covenant for quiet enjoyment, 77. In fact the mere relation of landlord and tenant seems to imply such a covenant (see ADDENDA). Trustees selling with consent of tenant for life, the latter should give limited covenants for title, 77. Vendor celling to a company under compulsion, under The Lands Clauses Consolidation Act, 1845, cannot be asked to give covenants for title, 77. Covenants restricting the user of the property are an objection to title, 77. Covenants affecting freehold property will not bind a purchaser unless (a) they are restrictive, and (6) the purchaser has notice thereof ; and where a purchaser has bought land without notice of restrictive covenants, another purchaser from him would not be bound by such covenants, even though he had notice, 78. Purchaser deemed to have notice if proper investigation would have disclosed the covenant, and notice of a deed is generally notice of its contents, 79. Consider whether there is any notice on the title of a building scheme which has the effect of restricting the user of the land, 82, 83. 166 REMINDERS. Generally speaking, as to leaseholds, all covenants to do something on the land demised will bind assignee, 80. Covenant for quiet enjoyment in an underlease is no pro- tection in case superior lessor takes possession, 81. It is an objection to title if other property is included in the lease, with a general proviso for re-entry for breach of covenant, 81. Last receipt for ground rent not evidence of performance of covenants where rent is a peppercorn rent, 81. Acceptance of rent is not a waiver of a cause of forfeiture when lessor has not express notice of cause ; and only of a continuing waiver up to the date of giving receipt, 81. A waiver of a particular breach does not act as a general waiver, 81. But if the lessor knowingly permit the tenant to expend money in alterations not allowed by the lease, this may amount to acquiescence, 81. Covenants in a lease- may be an objection to title if they are unusual, and the purchaser has not had a reasonable opportunity of inspecting same, 81 ; especially if there is a misrepresentation in the contract, 4. An assignee is not liable to the lessor for the rent and covenants contained in a lease, after he has executed an assignment. He may, however, be under an obli- gation by covenant with the previous owner, 81, 82. The absence of a legal covenant for production of deeds does not appear to be .an objection to title if the purchaser will have an equitable right to their production, 84. Covenants for production of deeds may give notice of an incumbrance not abstracted, 84. Query whether a trustee should give undertaking for safe custody, 84. REMINDERS. 167 Legal and equitable tenant for life entitled to custody of deeds, 84. Where land held by several under a common title, he who gets possession of deeds is entitled to keep them, 84. Vendor entitled to retain deeds relating to property in which he retains an interest, 85. On sale of reversion, purchaser should covenant to pay succession duty, 85. Covenant not to assign without lessor's , consent will not prevent a devise, 85. Nor will it prevent trustee of bankrupt from assign- ing without lessor's consent, 91. Execution and Completion of Deed (pages 86 to 91). Where the deed does not show any trace of a seal, the fact that it is stated in the attestation clause that the deed was sealed is not sufficient, 86. Several deeds in one transaction bearing one date will be construed so as to give them intended effect, 87. . Where a deed contains a reservation of an easement it is necessary for grantee to execute the deed, 86. Deed to which execution has been obtained by fraud does not pass any estate, even against a purchaser for value without notice, 87. A person not executing a deed is bound by it if he takes the benefit of it, 86. Where deed has been sealed by a building society, or by a company or corporation, ask for copy of rules pi- Articles of Association or incorporating Act, to see that the seal has been affixed in accordance with the formalities therein contained, 87. 168 REMINDERS. In case of attorney executing deed, ask for copy of power to see that execution of deed is authorised thereby, 87. Before 1882, attorney could only execute deed in the name of his principal, 88. Powers of attorney executed in a British colony before a notary public may be acted on without further authentication, 88. But where executed elsewhere, the seal or signature of the officer should be verified, 88. Attestation is not essential to the validity of a deed, 88. Appointments of trustees of property conveyed for religious or educational purposes requii^e two witnesses, and to be in a special form, 88. Absence of endorsed receipt before 1882 puts a purchaser on inquiry as to whether the vendor was paid, or has a lien on the deeds for unpaid purchase money, 89. Upon a sale of superfluous lands, the receipt should be under the common seal, or under the hands of two of the directors or managers of the undertaking, 89. Deeds registered in Yorkshire have priority according to the date of registration, 89. Registration under the Yorkshire Registry Act, from 7th August, 1884, to 16th July, 1885, is notice to all the world, 89. In Middlesex, notice of an unregistered deed may be binding in Equity, 89. Registration of an assignment of leaseholds, containing in the memorial a recital of the lease, will not cure non-registration of the lease, 89. A further charge requires registration, 89. Certificate of appointment of trustee in bankruptcy requires registration, 90. REMINDERS. 169 An agreement for the sale and purchase of land in Yorkshire cannot be registered, 90. Registration under The Lands Registry Act, 1862, or The Land Transfer Act, 1875, exempts from registration under local Acts, 89, 90. Assignment for the benefit of creditors must be stamped and registered under Deeds of Arrangements Act within seven days of first execution, 90. It should also be registered under The Land Charges &c. Act, 90. % Disentailing deed should be enrolled in Chancery within six months of execution, 90. Consent of protector, if given by a separate document, void unless enrolled with or before the assurance, 90. Purchaser not entitled (in the absence of a conditiou to the contrary) to the benefit of an existing insurance, 90. The purchaser should see that any necessary consent or notice has been given, 91. A covenant in a lease not to assign without consent will not prevent a devise by Will, 91. Nor will such a covenant prevent an alienation by opera- tion of law, as by bankruptcy or a judgment, 91. Nor will such a covenant prevent an assignment by a trustee in bankruptcy without such consent, 91. Fine must not be exacted by lessor as a condition of giving his consent, 91. Consent of lessor only extends to consent given, 91. Notice to mortgagor previous to exercise of power of sale may be waived, 91, 92. Where consent of tenant for life required, and he has incumbered his estate and been bankrupt, consent of incumbrancer and trustee in bankruptcy required, 92. 170 REMINDERS. On purchase from specific devisee, see that assent of executor given to devise, 21. If land subject to trust for sale, tenant for life cannot sell under the Settled Land Acts, without the consent of the Court, 28. A power of sale cannot be exercised by trustees without consent of tenant for life, but a trust for sale can, 117, 118. Constructive Notice (pages 92, 93). Notice of a deed is notice of its contents, unless inspection cannot be obtained, 92. Purchaser deemed to have notice of contents of lease unless covenants onerous, and he has not had a reasonable opportunity of inspecting same, 4, 81, 93. Purchaser who does not investigate a title will be affected with notice of what he would have learned by investi- gation, 93. Purchaser is not generally affected with notice unless (a) Fact within his own knowledge ; (&) If fact would have come to his knowledge if he had made such inquiries as he ought reasonably to have made ; (c) Unless in the same transaction it has or ought to have come to the knowledge of his solicitor, 93. There can be no acquiescence from constructive notice, 93. Stamps (pages 94 to 98). Under open conti^act, vendor must stamp all deeds at his own expense, 94. And after 16th May, 1888, notwithstanding stipulation to contrary, 95. REMINDERS. 171 An escrow is not an executed instrument for purposes of the Stamp Law, 94. A lost deed will be presumed to he duly stamped, 94. Consent of lessor does not require a stamp, 95. Nor record of minutes of appointment of a new trustee, 95. Nor appointment of trustees for purposes of Settled Land Acts, 95. But deed appointing new trustees and vesting property in them, requires two 10s. stamps, 95. Deed operating as several conveyances requires separate duties, 95. Duty must be paid on valuation of timber or fixtures passing without mention of them, 96. Order for foreclosure not liable to duty, 96. Nor order vesting disclaimed property under Bankruptcy Act, 98. If legal estate outstanding in a stranger to transaction, and he joins in to convey, deed requires extra stamp, 96. On sub-purchase, duty paid on sub-consideration, 96. Contract under seal of company requires a 10s. stamp, 97. Where a builder builds a house and sells same, and property leased direct to purchaser, deed should be stamped as a lease and an assignment, 97. A mere receipt 011 an equitable mortgage is not liable to re-conveyance duty, but it is if it contains such words as " in full discharge," 97. Transfer not liable to mortgage duty by reason of con- taining fresh proviso for redemption, 97. An undertaking to pay the penalty, if at any time necessary to stamp deed, cannot be enforced, 98. 172 REMINDERS. Wills Generally (pages 99 to 107). The absence of a date will not invalidate a Will, 107. When a grantor is a specific devisee, see that he or she is not an attesting witness, or the husband or wife of one, 101. Where Will not witnessed by a solicitor, ascertain, if possible, circumstances of execution, 101. See that Will not revoked by a subsequent marriage, 101. Ths Wills Act does not mention "cancelling" as one of the modes in which a Will can be revoked, 101, 102. Consider the different points necessary for a document to be incorporated in a Will, 100. If the Will applies only to realty, and has not on this account been proved, ask for statutory declaration that it is the last Will, 100. The Will of a lunatic speaks from the date of the Will, 102. The Will of a married woman now speaks from the date of death unless a contrary intention appears, 100, 102 (see also re Wylie, Wylie v. Moffaf, Law Times, Notes of Cases, April 20, 1895). An infant cannot make a Will, 99. A married woman cannot by Will pass the legal estate in her separate property, which is not separate property under the 1882 Act, 99. Nor can she devise the legal or equitable estate in free- holds not settled for her separate use (except under a power J, even with the consent of her husband, 99. But she can, with the consent of her husband, devise her leaseholds held for her separate use (not separate use under the 1882 Act), and also her leaseholds not held for her separate use, 100. REMINDERS. 173 The appointment of a residuary legatee will not pass free- holds to him without a devise, 105. Leaseholds will not pass under a devise of real estate described generally, 105. A devise of income may in some cases pass the fee, 105. A bequest of " moneys on mortgage " may pass the legal estate, but not a bequest of " moneys on securities," 106. Consider whether the rule against perpetuities has been infringed, 13, 102, 103, 119. Condition in restraint of alienation is void, 103, 104. Any attempt to limit the powers of a life tenant under the Settled Land Acts will be void, 104, 105. Assent of executor necessary to perfect title of specific devisee of leaseholds, 106. Covenant in a lease not to assign without the lessor's consent will not prevent a devise of the property, 106. See that Will of freeholds is registered under local Acts at any rate when purchase within six months of death, 106. On purchase from heir-at-law of property in Yorkshire, see that affidavit of intestacy registered, 106, 107. If the Will is not proved, ask for same to be handed over, but, if trusts not executed, ask for acknowledgment of right of production, 100. Devolution of Estates on Death (pages 108 to 113). Consider carefully as to the devolution of trust and mort- gaged estates of inheritance on death, and notice whether assigns or heirs are mentioned in the trust or power, to enable them to execute same, 108, 109. Also effect of there being no personal representative, which case is not provided for by the Conveyancing Act, 109. 174 REMINDKRS. Personal representative under Section 4 of the Vendors and Purchasers Act could only re-convey, and could not transfer or exercise the power of sale, 109. On disclaimer by one trustee of real property, the legal estate and powers vest in the remaining trustees ; on disclaimer of all trustees, legal estate vests in the heir, but he cannot exercise the powers, 112, 113. Freeholds vested in a married woman as a bare trustee can be conveyed by her as if she were a feme sole, 110. On death of executor after proving, leaseholds vest in his executor ; but if he die intestate, administration de bonis non must be taken out to testator's estate, unless executor is also the trustee and has assented to the bequest, when they pass to his administrator, 110. So on death of administrator, administration de bonis non must be taken out, 110. Leaseholds do not pass to next-of-kin without an assign- ment, 110. Where all the trustees predecease the testator, the legal personal representative has not power under Section 31 of The Conveyancing Act, 1881, to appoint new trustees, 113. Consider whether trustees take the legal estate. They generally, under Wills, only take so much as the purpose of trust requires. A direction to pay debts will pass the fee to them. They also take the fee when given a power of sale, 111, 112. Such expressions in a Will as "permit," or "pay to or permit," the life tenant to receive the rents, will pass the legal estate to him, although the estate is devised to the trustees, 110 to 112, 116 to 120. REMINDERS. 175 But similar words in a settlement will not take the legal estate out of the trustees, 126. The bankruptcy of a trustee will not divest him of the legal estate, 113. Equitable interests pass to new trustees by the fact of the appointment, without an assignment or vesting decla- ration, 113. Poivers of Executors and Trustees to Sell (pages 114 to 120). A direction in a Will to an executor to sell real estate will enable him to pass the legal estate to a purchaser ; but it will not enable an administrator with Will annexed, to do so, 114. A charge of debts or legacies (where estate not devised to the trustee) will also generally enable executor to sell and convey testator's freeholds, 114, 115. Where the freeholds are devised to trustees charged with debts, they are the proper persons to sell and convey, 116. Purchaser from executor of freeholds not entitled to inquire if there are debts, unless twenty years have elapsed since death, 115. Purchaser from executor of leaseholds not entitled to inquire though more than twenty years have elapsed, 115. Otherwise if purchaser has notice that no debts, 115. Consider whether survivor of trustees had power to sell before 1881, 116. A power of sale cannot be exercised without consent of tenant for life, but a trust for sale can, 117, 118. If tenant for life bankmpt and incnmbered his estate, the consent of trustee and incumbrancer required, 118. 176 REMINDERS. Power of sale to take effect on the happening of a certain event cannot generally be exercised before that event, 118. Where property charged with legacy, payable at a future date, and the Will indicates intention that property is to remain a security therefor, no sale can in the interval be made, except subject thei'eto, 118. See that trust for sale does not offend against the rule against perpetuities, 119. A power to mortgage does not authorise a sale, 119. On purchase from trustees, purchaser should see that life tenant has not obtained an order for sale and registered same as a Us pendens, 119. A trustee cannot (without the consent of the Court, or under the Settled Land Acts) sell the land and minerals separately, 120. On purchase from executors or trustees, consider whether their power has come to an end. For instance : in case of leaseholds, where the executor has assented to the bequest, his power of sale is generally put an end to. So also a power of sale (but not a trust for sale) is generally put an end to by the parties becoming absolutely entitled, 115, 116, 118, 119. Settlements and Voluntary Conveyances (pages 121 to 126). A gift of freeholds cannot be made by a deed poll, 121. A gift of leaseholds cannot be made by an instrument not under seal, 121. A voluntary settlement is not a good root of title, unless the nature of the document is stated in the contract, 8. REMINDERS. 177 Where a voluntary settlement appears on the title, endeavour to get the concurrence of the settlor in the conveyance to the purchaser ; for if the settlement contains a power of revocation, the purchaser gets his assurance that it has not been revoked ; and if it does not, it prevents the question being raised that the settlor did not understand the deed, 121 to 123. Voluntary settlement void against trustee in bankruptcy if settlor bankrupt within two years ; also if settlor bankrupt within ten years, unless it can be shown that he was solvent without the aid of the settled property, 124, 125. Query whether a purchaser can be compelled to accept a title within ten years of a voluntary settlement ; at any rate he should ask for the settlor to join in the conveyance, and for a declaration of his solvency without the aid of the property, 125. Consider whether the deed is voidable under 13 Eliz. c. 5, on account of being made to defeat creditors, 122, 123. A voluntary settlement will not now be defeated by a subsequent conveyance to a purchaser, 124. The words " pay to " or " permit to receive " the rents will not, it seems, carry the legal estate to the life tenant, as in Wills, 126. * The purchaser should enquire whether there has been any marriage settlement, but probably the vendor need not answer, 126. 178 REMINDERS. An infant's voluntary conveyance is voidable, and can be ratified or avoided on his attaining majority, 24. Consider whether rule against perpetuities is infringed, 102, 103, 119. The cancellation of a voluntary settlement will not divest the estate of the grantee given thereby, 122. If a deed does not disclose or it cannot be shown that a gift was intended, there will be a resulting trust, except in favour of a wife or child, 122. Government Duties (pages 127 to 130). See that there is no succession duty or estate duty charged on the property, 127. Gift of land made twelve months before death is liable to estate duty, 127. Ask for production of certificate from Commissioners that estate duty paid when necessary, 127. Purchaser of reversion pays the succession duty unless he purchases the whole property from tenant for life and remainderman, 128. Property is not charged with succession duty after twelve years from event giving rise to the succession, 129. Exercise of power of sale shifts duty to purchase money ; also where property sold under the Settled Land Acts, 129, 130. Leaseholds exempt from succession duty where death before August 1, 1894, and probate duty paid, where successors were lineals ; also in all cases where 30s. duty was paid, 130. REMINDERS. 179 Copyholds (pages 131 to 144). Where copyholds and freeholds are intermixed, purchaser is entitled t.o have boundaries of land of each tenure pointed out, 131 ; Notwithstanding condition relieving vendor from proof of identity, 131 ; Or condition that purchaser not to require further proof of identity than that furnished by the deeds, 131. The legal estate does not pass until admittance, but admittance may not pass the legal estate. See that the person who surrenders has himself been admitted ; that the person admitted is the surrenderee ; and that the admittance is in accordance with the surrender, 137 to 139. See that surrender contains words of limitation required by custom of manor, 138. If surrender or admittance by attorney, ask for copy of power to see that it is authorised ; also see that power not revoked, unless the case is within Sections 8 or 9 of The Conveyancing Act, 1882, 138. Equitable estates cannot, as a rule, be surrendered, 138. Equitable tenant for life selling under the Settled Land Acts need not be admitted to give a title to purchaser, 137. Trustee of bankrupt can dispose of copyholds without being admitted, 132. 180 KEMINUERS. The admittance of one of several joint tenants is the admittance of all, 133 ; but tenants in common must be admitted separately, 135. A vesting order does not dispense with surrender or admittance, unless made with consent of lord of manor, 139, 140. A devise by Will only passes the right to be admitted. In the meantime the estate is in the heir. If estate devised to trustees, those not disclaiming must be admitted to make a good title. But if estate is not devised to them, and testator has given them a power of sale, or a power to appoint, they can convey by bargain and sale, or exercise the power, and the purchaser only need be admitted, if the sale can be effected before the holding of three Courts, 133, 136, 137. Consider carefully as to devolution on death of trust and mortgaged estates of inheritance, 141, 142. The mei'e right to be admitted may still devolve under Section 30 of The Conveyancing Act, 1881, 142. Consider as to power of married woman to deal with copyholds, and enquire as to the custom of the manor as to freebench, 133, 134. Curtesy, 134. As to entail, if no custom to entail exists, grant may only pass an estate for life, 135. See that mortgages are pi'operly discharged, 135. REMINDERS. 181 The deed and protector's consent must be enrolled, as in freeholds, but only on the Court Rolls and not in Chancery, 135, 136. A lease for more than a year without the lord's consent may cause a forfeiture, 140. Ascertain estate of lord, as lease, even with his consent, will only continue so long as his estate, 140. A lease must be registered under the local Acts, 140. Mines and minerals will not pass under an enfranchisement deed, 143. Inquire of steward if any special custom, especially as to descent, 143. Court Rolls should be searched, 143. Copyhold surrenders do not require registration under local Acts, but deeds of enfranchisement do, as also do leases of copyholds, 140, 142. LIST OF TEXT BOOKS REFERRED TO AND CONSULTED. Alpe's Law of Stamp Duties (1894 ed.). Barker's Yorkshire Registries Acts (1884 ed.). Broughton's Reminders for Conveyancers (1894 ed.). Burton's Compendium of Law of Real Property (1856 ed.). Bythewood & Jarman's Conveyancing (1888 ed.). Challis's Real Property (1892 ed.). Coke on Littleton (1832 ed.). Cole's Ejectment. Comyn's Abstracts of Title (1884 ed.). Cruise's Digest (1835 ed.). Dart's Vendors and Purchasers (1888 ed.). Davidson's Precedents in Conveyancing (1880 ed.). Davis's Law of Building Societies (1884 ed.). Elphinstone's Interpretation of Deeds (1885 ed.). Elton on Copyholds (1892 ed.). Fisher on Mortgages (1884 ed.). Fry on Specific Performance. Gibson & Weldon's Law Notes. Gilbert on Tenures (1824 ed.). Goddard's Law of Easements (1877 ed.). Godefroi's Law of Trusts (1891 ed.). Gover's Advising- on Title (1892 ed.). Hawkins on Wills (1863 ed.). Hayes & Jarman's Forms of Wills (1893 ed.). Hood & Challis's Conveyancing and Settled Land Acts (1895 ed.). Hunt's Boundaries and Fences (1870 ed.). LIST OP TEXT BOOKS REFERRED TO AND CONSULTED. 183 Jarman on Wills (1893 ed.)- Jordan & Gore-Browne's Handy Book on Companies 1895 ed.). Lewin's Law of Trusts (1885 ed.). Moore's Abstracts of Title (1886 ed.). Prideaux's Precedents in Conveyancing (1893 and 1895 eds.). Preston on Abstracts (1823 ed.). Rudall & Greig's Copyhold Act, 1894 (1895 ed.). Rudall & Greig's Trustee Act, 1893 (1894 ed.). Scriven on Copyholds (1882 ed.). Shepherd's Touchstone (1820 ed.). Smith's Leading Cases (1887 ed.) . Smith's Real and Personal Property (1884 ed.). Sugden on Powers (1861 ed.). Sugden's Real Property Statutes (1862 ed.). Sugden's Vendors and Purchasers (1862 ed.). Sweet's Precedents in Conveyancing (1886 ed.). Theobald on Wills (1885 ed.). Tudor's Leading Cases on Real Property (1875 and 1879 eds.). Watkins on Copyholds (1825 ed.). White . When lease will sever joint tenancy, 2(5. Pass to administrator on grant of administration, 3S, I 1(). Do not pass to next of kin without assignment. 38, 1 1(). Statute of Uses does not apply to, 74. When term or rent different from that mentioned in contract, 74. Lease granted by charity trustees without consent of Charity Commissioners void, 91. Notice of lease, when not notice of its contents, 92. Will not generally pass under devise of real estate, 105. Devolution of, on death of personal representative, 110. Whether purchaser of, from executor entitled to inquire if any debts, 115. Voluntary conveyance of, must be by deed or declaration of trust, 121. When covenant to pay rent mider lease prevents deed being voluntary, 123, 124. As to leases of copyhold lands, 140. Married woman's (see HARRIED WOMAN). Covenants as to (see COVENANTS). See also under other appropriate headings. LEGACIES (see CHARGE OF DEBTS AND LEGACIES). INDEX. 213 LEGAL ESTATE: To whom, passes on death of testator who has entered into a contract to sell, 6. Power of married woman to pass (see MARRIED WOMAN). Bankruptcy does not divest trustee of, 17, 113. As to passing, vested in infant, mortgagee, or trustee, 26, 109. Equitable tenant for life, when can pass, 28. Mortgagee cannot pass, except under Lord Cranworth's Act, 40. Effect of omission of words, " unto and to the use of" on, 51, 70. In property purchased for purpose of joint trade, how will devolve, 72. When trustees take, in deeds, 73, 74, 126. In Wills, 110 to 113. As to effect of disclaimer by trustees of Will on, 112, 113. As to executors and trustees passing, under implied power of sale from charge of debts and legacies, 114 to 119. Cancelling a deed does riot divest, 122. What words sufficient to pass, 71, 72, 138. Of copyholds, how passed, 137. When devolves on customary heir, 133, 137, 141. In copyholds not devised to trustees, when can make a title without admission, 136. LETTERS : When constitute agreement, 2. LICENCE TO ASSIGN (see CONSENT). LIEN for unpaid purchase money, 53. LIFE TENANT (including Life Tenant under Settled Land Acts, 1882 to 1890) : Generally as to, 27 to 29. When may carry into effect his predecessor's contract, 6. Powers of, cannot be disclaimed, 14. Tenant by curtesy, 36. Husband and wife, 37. Married woman, 32. Bankrupt, consent of trustee of, to trustee exercising power of sale, 17, 118. Infant, sale of lands of, 25. Appointment of trustees for this purpose, 25. 214 INDEX. LIFE TENANT (continued) Effect of trust for sale on powers of, 27, 28. When can sell, 28, 29, 119. Sale of principal mansion house by, 28. What notice to be given by, to trustees, 28, 11!). Court can appoint trustees, 28. Notice to trustees may be waived, 28. Provisions of The Trustee Act, 1893, as to appointment of trustees, 28. Position of purchaser dealing in good faith with, 28. Effect of there being no trustees on sale by, 28. Sale of minerals separately from land by, 28, 63, 120. Effect of administration action on powers of, 29. Whom purchase money to be paid to on sale by, 29. When can purchase lands, 29. When entitled to custody of deeds, 29, 84. General principle of construing Settled Land Acts, 29. When protector of settlement, 45. Tenant in tail has powers of a, 45. When should give covenants for title 011 sale by trustees, 77. Attempt to limit or restrain powers of, void, 29, 104, 105. When such expressions as " permit " or " suffer " to receive I'ents give life tenant legal estate, 110, 111, 126. When consent of, required to exercise of trust or power of sale by trustees, 117, 118. Must register order to sell as a Us pendent, 119. Powers of, to lease copyholds, 140. LIGHT: Easement of, 64. LIMITATION, WORDS OF: Habendum limiting a freehold estate IH futnro bad, 69. Generally as to, 70 to 72. If necessary to pass equitable estates, 71, 72. What sufficient to pass copyhold property, 138. LIQUIDATION (see BANKRUPT) Of building society, 18, 19. Of company, 19. Whether sale by liquidator as " trustee " carries covenants for title, 76, 77. INDKX. 215 LIS PENDENS : When tenant for life obtains order to sell he must register it as a, 119. LORD OF MANOR, 133, 138 to 140. LOSS OF DEEDS (see DEEDS). LUNATIC : Will of, speaks from date of Will and not of death, 102. Powers of committee of, 133. MAPS, 58. MARRIED WOMAN : Generally as to, 29 to 38. Power of, to convey, 30 to 32. Giving power of attorney, 15, 26, 38, 138. Exercising power of appointment in favour of husband, 12. Bankrupt, cannot be compelled to exercise power of appoint- ment, 14, 17, 33. Bankrupt husband can concur in wife's acknowledged deed, 17, 31. When infant, can make marriage settlemept, 37. Can confirm, deed executed when infant, without acknowledgment, 25, 31, 38. Effect of grant to husband and wife, 27, 33, 73. Husband and wife conveying to each other, 32, 33. As to what deeds require acknowledgment by, 29 to 32, 110. Evidence of acknowledgment by, 32. Disclaimer by, 31. Partition by, 31. Effect of divorce on husband's rights, 31. On grant of property to husband and wife, 27. Effect of judicial separation on property of, 31, 37. Protection order, 31, 37. Restraint on anticipation, 32. Presumption of advancement, 33, 122. As to dower, 33, 34, 38, 45. Dower trustee, 34. Widow has not powers of tenant for life under Settled Land Acts, 34. Power of, to make a Will, 34, 99, 100. Will of, now speaks from death, 35. 216 INDEX. MARRIED WOMAN (continued) Devolution of property of, on intestacy, 35. Curtesy, 35, 36. Tenant by curtesy has power of life tenant under Settled Land Acts, 36. Husband's power over wife's property, 36, 37. As to property of, when wife survives husband, 37. Husband and wife together can exercise powers of Settled Land Acts, 37. When can exercise powers of Settled Land Acts, 32. Intestates' Estates Act, 1890, 38. Mortages by, when an infant, 24. i As to estates vested in, as a bare trustee, 110. When voluntary conveyance good in favour of a wife, 124. As to copyhold property of, 133, 134. MEMORANDUM OF ASSOCIATION (see COMPANY AND CORPORATION). MESSUAGE : What the word includes, 60. MIDDLESEX REGISTRY (see REGISTRATION). MINES AND MINERALS: Generally as to, 61 to 63. Sale of, separately from land, 28, 120. Sale of, separately, under Settled Land Acts, 120. MISDESCRIPTION: Effect of general condition as to, in contract, 4, 7, 66. Effect of, of parties to a deed, 11, 12. MISTAKE : In names of parties to deed, effect of, 11, 12. In date of deed, effect of, 11. Recitals do not create estoppel where, mutual, 50. Incorrect recitals, vendor can refuse to execute deed containing, 50. When evidence admissible to prove, 58. Court will not interfere unless, mutual, 58. In description of parcels, when compensation allowed, 4, 7, 66. Repugnance between habendum and premises when Court will rectify, 68, 69. . When manifest clerical error in lease, counterpart can be looked at, 69. INDEX. MISTAKE (continued) When error will not be presumed in construction of specific devise, 105. When settlor can revoke a voluntary settlement in case of, 121, 122. MORTGAGE : Generally as to, 39 to 43. On bankruptcy of mortgagor, Court can vest property in person interested therein, 16, 43. Effect on dower of married woman being a party to, 34. To building society, 17 to 19. Effect of disclaimer of trustee in bankruptcy of mortgagor, 43. Building society advancing money on second, 19. Estates vested in a convict, 20. To friendly society, 21 to 23. By infant when void, 24. Estates vested in an infant, as to passing, 26, 41, 109. Mortgagee cannot buy from himself, 39. Secretary of building society cannot purchase from society, 39. Agent appointed to sell or collect rents cannot buy from mort- gagee, 39. Second mortgagee may purchase from first mortgagee, 39. Sale by mortgagor to mortgagee, 39. Purchaser from mortgagee, when exempt from inquiring whether power of sale has arisen, 39, 56. Sale to be made in professed exercise of power, 39. When purchaser protected in case of irregularity in exercise of power of sale, 39. Mortgagor's power to give power of sale, 39. By executor to building society, 40. Power of transferee to exercise power of sale, 40. Mention of word " assigns " in power of sale, 40, 108. When statutory form of transfer can be used, 40. Equitable mortgagee, 40. What notice entitled to, 40. How equitable charge can be created, 40. Can sell his interest, 40. Cannot pass legal estate without Court, 40. Unless made under Lord Cranworth's Act, 40. 218 IXDEX. MORTGAGE (continued) Concurrence of mortgagee in conveyance of equity of redemption, 40. Purchaser of equity entitled to indemnity against, 85. Consolidation of mortgages, 40. Joint account clause in a, 40, 53. Devolution of estates of inheritance on death, 41, 42, 108 to 110, 141, 142. Purchaser entitled to have, discharged out of purchase money, 41. Incumbrancers unable or unwilling to concur, 42. Attornment clause, 42. Consent of mortgagee of tenant for life, when necessary to enable trustees to exercise power of sale, 42, 56. Reconveyance, 42, 43, 109. Bars an estate tail, 45. By demise does not bar estate tail, 45. In breach of trust, effect of, 48, 117. In breach of trust, concurrence of beneficiaries to cure, 117. When duty of vendor to convey free from, 3. Recital that transferees entitled in Equity, pui'chaser cannot go behind, 49. As to sale of mines, &c., separately from land, by mortgagee, 63. Including fixtures, when necessary to register as bill of sale, 66. Mortgagor pledging under The Factors Act, 1889, 66. Fixed machine not paid for, whether mortgagee can claim, 66. Statutory transfer of, no words of limitation required, 72. See that last day got in, when, by underlease, 74. Persons advancing money on, in shares, are tenants in common, 72. Covenants for production of deeds may give notice of a, 84. Further charge requires registration under Middlesex and York- shire Registry Acts, 89. Notice to mortgagor before exercise of power of sale can be waived, 91. When notice to solicitor of mortgagee is notice to mortgagee, 93. A power to, will not authorise a sale, 119. When voluntary conveyance good as against a mortgagee without notice, 123, 126. When mortgagee covenants to surrender copyholds, and dies, Court will supply want of surrender, 132. Discharge of, of copyholds, 132. IXDKX. 219 MORTGAGE (continued) Mortgagee of copyholds not usually admitted, 135. Admittance by mortgagee of copyholds mighi alter course of descent, 135. Devolution of, and trust estates of copyholds, 141, 142. MORTMAIN, 20. XAME: What sufficient description of vendor in contract, 1. Purchaser, 1. Person once properly described in deed, effect of subsequent error, 11. As to correcting erroneous, 12. NATURALISATION, 12. NEW TRUSTEE (see TRUSTS AND TRUSTEES). NEXT OF KIN Do not acquire leaseholds on intestacy without an assignment, 38, 110. When property included in void bequest passes to, 103. NOTICE : Generally as to, 90 to 93. Of defect in title by purchaser, effect of, 3. Of contents of lease, when purchaser deemed to have, 4. Of deed, when notice of contents, 9, 92, 93. By purchaser, of irregularity in exercise of mortgagee's power of sale, effect of. 39. Equitable mortgagee not entitled to six months', 40. To treat (see RAILWAY COMPANY). Of contents of condition of sale given by recital of, 48. Recital framed to keep notice of trust off the title, 49. Effect of, in giving vendor lien for unpaid purchase money, 53. No acquiescence arises from constructive, 75, 83. Necessity of, to make restrictive covenants binding, 78. Generally as to effect of, in relation to covenants, 78 to 83. To mortgagor before exercise of power of sale may be waived, 91. Effect of, to trustees as to gaining priority, 91. 220 IXDEX. NOTICE (continued) To trustees under the Settled Land Acts, 92. Of facts implied which investigation of title would have dis- closed, 92. Lessor must have, of breach to render acceptance of rent a waiver, 81. Effect of, of building scheme to purchaser, 82. Purchaser must have notice of covenants to be entitled to benefit of, 83. Covenants for production of deeds may give notice of incum- brance, 84. Deed obtained by fraud void even against purchaser without, 87. Absence of an endorsed receipt before 1882, effect of, on pur- chaser, 88. When registration iinder Yorkshire Registry Act is, to all the world, 89. Of unregistered document, when binding in Equity, 89. By purchaser that no debts, effect of, on purchase from executor, 115. When voluntary conveyance good against purchaser or mortgagee without, 123, 125, 126. Settlor cannot revoke voluntary settlement, although grantee has no notice of, 121, 122. OPERATIVE WORDS: Generally as to, 54 to 56. When control recitals, 47. When controlled by recitals, 47. Grant will only pass what grantor can convey, 54. Except by estoppel, 54. No particular word necessary to transfer property, 54. Word " grant " under The Conveyancing Act, 1881, 54. When word " grant " implies covenants for title, 55. Word " demise " implies covenant for quite enjoyment, 55. What words necessary to imply covenants for title, 55. Effect of words " beneficial owner," 55. When necessary to refer to a power, 55. What is a sufficient reference to a power, 55. When purchaser from mortgagee exempt from inquiry as to whether power of sale has arisen, 56. INDEX. 221 OPERATIVE WORDS (continued) As to consent of lessor, 56. As to consent of tenant for life, 56. As to consent of iricumbrancer or trustee in bankruptcy of tenant for life, 56. As to lessor not being allowed to charge a fine, 56. ORDER OF COURT For administration in bankruptcy vests property in Official Receiver, 16. Power of Court in bankruptcy to vest property in another, 16. Dispensing with husband's concurrence, 30. Married woman's settlement without, 38. Removal of bankrupt trustee by, 17. Winding up of building society under, 18, 19. Winding up of company under, 19. Appointment of a new trustee, &c., when a convict, by, 20. Vesting estates of infant, trustee, or mortgagee by, 26, 109. Appointment of trustees of infant's lands by, under Settled Land Acts, 25. When infant can make marriage settlement with, 24. Without, 25. When infant can make conveyance for payment of- debts with, 24. When required to enable tenant for life to exercise powers of Settled Land Acts, 28, 29, 119. Appointment by, of trustees under Settled Land Acts, 28. Effect of administration action on powers of life tenant, 29. Effect of protection order, 31. Equitable mortgagee requires, to pass legal estate, 40. As to obtaining vesting, when mortgagee unable or unwilling to convey, 42. As to, for sale of minerals separately from land, 63, 120. Court will rectify error in premises inconsistent with habendum, 68, 69. Court will not slavishly follow old rules of construction, 69. Vesting of property in underlessee by, when lessor proceeding to re-enter for breach of covenant by his lessee, 82. Appointment of new trustees by, 109. Effect of administration order on power of executors and trustees to sell, 116. 222 INDEX. ORDER OF COURT (continued) When voluntary settlement void, made to avoid a judgment or execution, 123. Court cannot set aside a voluntary deed when insolvent's estate is being administered in bankruptcy, 125. Want of surrender supplied by, when copyholder covenants to surrender and dies, 132. Vesting copyhold property in mortgagee by, on refusal of mort- gagor to surrender, 134. Vesting order in respect of copyholds, 139, 140. Power of committee of lunatic to sell under, 133. OUTLAW, 20. OUTSTANDING LEGAL ESTATE (see LEGAL ESTATE). PARCELS : Generally as to, 57 to 66. General rule for interpretation of, 57. As to new description of, 58. Plan of, 58. Tithe map not evidence, 58. As to boundaries, 58. Road making, &c., 58, 59. Rules as to ownership of soil of half the road, 59. Walls and fences, 59, 60. Ownership of hedge and ditch, 60. " House" and " messuage," what will include, 60, 61. " Cottage," ditto, 61 . " Farm," ditto, 61 . " Wood" and "trees," ditto, 61. " Water" and " pool," ditto, 61. " Share," ditto, 61. Mines and minerals, 61 to 63. Difference between " exception" and "reservation," 63. General words implied by The Conveyancing Act, 1881, effect of, 63, 64. Purchaser not necessarily entitled to benefit of general words, 64. Effect of grant of part of tenement before Conveyancing Act, as to easements, 64. Rule as to easements in Wills, 64. IXDEX. '223 PARCELS (continued) Grantor may not derogate fi-om his grant, 64. Grantor retains no rights over part granted, 64, 65. Exceptions, 65. Reservation construed as a regrant, 65. Purchaser should execute deed to operate as a regrant, 65. Effect of condition of sale that property subject to all ease- ments, 65. Effect of condition that purchaser not entitled to compensation for misdescription, 66. Fixtures, 66. Effect of parcels being mentioned in habendum but not in pre- mises, 67. Effect of whole of parcels described in premises not being referred to in habendum, 67. PARTITION By married woman, 31. Joint tenants can compel, by partition suit, 27. PARTNERS -. Property conveyed to, as joint tenants, 27, 72, 73. Property conveyed to purchasers on a joint speculation, 27, 72, 73. Property paid for by purchasers in unequal portions, 27, 73. Release by one partner to another requires no words of limita- tion, 72. PARTY TO A DEED : Effect of misdescription of, 11, 12. Person may take interest under deed without being a, 12. Not executing same bound by, if taking benefit under, 12. Attestation by, 88. Execution by, 86 to 88. See also GRANTEE. PAVING EXPENSES, 58, 59. PERPETUITIES, RULE AGAINST : Generally, 102, 103. In powers of appointment, 13, 103. As to exception in case of estate tail, 102. When trust for or power of sale offends against, 119. 224 INUKX. PERSONAL REPRESENTATIVE (see EXECUTOR). PLAN, 58. POOL : What the word includes. 01 . POSSESSION : Title founded on adverse, 10. Mortgagor attorning to mortgagee in, 42. POWER OF APPOINTMENT (see APPOINTMENT). POWER OF ATTORNEY (see ATTORNEY, POWER OK). POWER OF SALE (see MORTGAGE and TRUSTS AND TRUSTKES). PRE-EMPTION, 44. PREMISES, 67 to 70. PRESUMPTION Of advancement in favour of wife or child, 33, 122. ( )f reconveyance, 42. As to ownership of half road, 59. Of error in specific devise, rule against, 105. When absence of power of revocation in voluntary settlement raises a, that deed not understood, 122. PROBATE: Executors (being trustees) proving Will, will not prevent them disclaiming copyholds, 136. Executor can sell before grant of, 1 1 6. Effect of renunciation of, on devolution of leaseholds, 110. See also DISCLAIMER. PRODUCTION OF DEEDS (see DEEDS). PROTECTION ORDER, 31, 37. PROTECTOR OF SETTLEMENT (see TENANT IN TAIL). PROVISO FOR RE-ENTRY (see DISTRESS and LEASEHOLDS). PROVISO (see COVENANTS). PURCHASE MONEY (see CONSIDERATION and RECEIPT). INDEX. 225 RAILWAY COMPANY : Generally as to, 43, 44. As to effect of notice to treat given by, 2. Notice to treat given by, for part of a house only, effect of, 3. Pay for abstract on purchase, 3. Winding up of a, 19. Powers of alienation of, 43. Land acquired for purposes of undertaking by, 43. Land acquired by, for extraordinary purposes, 43. Superfluous lands, 43. What are superfluous lands, 43. Restrictions as to sale of superfluous lands, 44. Right of pre-emption, 44. When can execute deed poll vesting property in themselves, 44. What a sufficient receipt for purchase money by, 44, 88, 89. As to sale of minerals by, 1 , 62. Sale by infant to, 25. RECEIPT: Generally as to, 51 to 54. Building society statutory, 17 to 19. Friendly society statutory, 22, 23. What is a sufficient, under Conveyancing Act, 1881, 52, 88. Solicitor producing, signed by trustee, 53. When trustee can empower attorney to receive trust money, 53. One of several trustees cannot receive money on behalf of all, 53. For purchase money, when trustees can give, 117. Money advanced on joint account, who can give, 53. For ground rent, when evidence of performance of covenants, 54, 81. For ground rent, when effects a waiver of breach of covenant, 81. Effect of absence of endorsed, before 1882, 88. What a sufficient receipt by company upon sale of superfluous lands, 44, 88, 89. Statutory, as regards copyhold property, 132. See also CONSIDERATION. RECITAL : Generally as to, 46 to 50. 226 INDEX. RECITAL (continued) Of seizin forming root of title in deed twenty years old, if evidence, 10, 46. When may be read to control operative words, 47. When may control the covenants, 47, 75, 76. Of articles in settlement, Court may make settlement conformable thereto, 47. That property purchased at auction brings conditions on title, 48. Of breach of trust, effect of, on purchaser, 48. When purchaser cannot go behind, 49, 92. Disclosing marriage, purchaser should ascertain if settlement executed, 49. That something intended to be done, effect of, 49. When acts as an estoppel, 50, 54. Vendor can refuse to execute deed containing incorrect, 50. A sub-recital is not a, for purpose of evidence under Vendors and Purchasers Act, 50. When may be looked at to construe parcels, 57. Defect in title disclosed by, when covenants for title apply to, 76. RECONVEYANCE : Generally as to, 40 to 42, 109. As to presuming a, 42. Building society statutory receipt, 17 to 19. Friendly society statutory receipt, 22, 23. RE-ENTRY (see DISTRESS and LEASEHOLDS). REGISTRATION Of mortgage as a bill of sale, including fixtures, 66. Effect of non-registration, when necessary, 66. Under Yorkshire Registry Act gives priority according to date of, 89. When notice to all the world, 89. When notice of deed, not registered under Middlesex Registry Act, may be binding, 89. Of assignment does not cure nob-registration of lease, 89. Required of a further charge, 89. Of certificate of appointment of trustee in bankruptcy, 89. Agreement for sale is not an '' assurance " within Yorkshire Registry Act, 89. Of assignment for benefit of creditors under Deeds of Arrangement Act, 90. INDEX. 227 REGISTRATION (continued) Of assignment for benefit of creditors under Land Charges Ac. Act, 90. Under local Acts, 90. Enrolment of disentailing deed, 90. Consent of protector, 90. Under Land Registry Act, 1862, exempts from registration under local Acts, 89. Ditto under Land Transfer Act, 1875, 89. Of Will of land in Yorkshire or Middlesex, when necessary, 10(5, 107. Registry Acts do not apply to copyholds, 107. As a Us pendens of order for sale obtained by life tenant, 119. Leases of copyholds require, under local Acts, 140. Generally, as affecting copyholds, 142. REGRANT : Reservation of easements construed as a, 65, 86, 87. Deed to operate as a, must be executed by purchaser, 65, 86, 87. RELEASE By one partner to another requires no words of limitation, 72. By one joint tenant to another requires no words of limitation, 72. REMAINDER (see REVERSION). REMOTENESS (see PERPETUITIES, RULE AGAINST). RENT : Apportionment of, 54. When amount of, differs from amount mentioned in contract, 74. By way of acknowledgment for encroachment does not break covenants for title, 77. Effect of giving a receipt for ground rent (see RECEIPT). Assignee not liable for, after assignment, 81. When vendor entitled to be indemnified from payment of, under a lease, 82. When such words as " permit " or " suffer " to receive, pass legal estate to life tenant, 110, 111, 126. RENT CHARGE: Fiduciary vendors cannot sell for, 52. Tithe rent charge no incumbrance, 74. When covenants affecting freeholds amount to a grant of a, whether run with land, 78. 228 INDEX. RENUNCIATION : Devolution of leaseholds ori renunciation of executor, IK). See also DISCLAIMER. REPUGNANCY Between habendum and premises, 68. General rule as to construction of, 69, 70, 107, 1 2(5. Between recitals and parcels, 57. Between recitals and covenants, 47, 75, 76. Between recitals and operative words, 47. Between marriage articles and settlement, 47. REQUISITIONS: As to delivery of, when vendor does not deliver abstract in time, 5. When condition as to time of delivery has no effect, 5. The decision in Ford r. Hill, 5. Vendor cannot refuse to answer reasonable, 5. What a sufficient answer to, when blot on title purely theoretical, 7. As to purchaser asking if any settlement, 126. RESCINDING CONTRACT, 7. RESERVATIONS, 61 to 65, 86, 87. RESIDUARY DEVISE, 105. RESTRAINT ON ALIENATION, 103 to 105. RESTRAINT ON ANTICIPATION, 32, 33. RESTRICTIVE COVENANTS (see COVKXAXTS). RESULTING TRUST, 122. R AVERSION : Married woman's, 30, 31, 37. Purchase of, will not be set aside on ground of under value, 52. On sale of, when purchaser pays succession duty, 85. When remainder void as offending the rule against perpetuities, 102, 103. To leaseholds, when title ean be asked for, 9. Remainderman of copyhold property. 138. REVOCATION Of power of attorney, 15, 138. INDEX. *2*29 R EVOCATION (continued) Of power of appointment, 14. Bidder cannot revoke authority of auctioneer to sign when property knocked down, 2. By infant of conveyance on attaining majority, 24, 25. When marriage revokes a Will, 101. Words " This is my last Will " commencing Will will not alone revoke prior Will, 101. Testator drawing pen through signature and attestation clauses not a, 102. When scratching signature to Will with a knife a sufficient, 102. When settlor can revoke a voluntary settlement, 121. Effect of absence of power of, in a voluntary settlement, 122, 1 23. ROADS, 58, 59. ROOT OF TITLE To freeholds and copyholds, 8. When allowed to show that earlier title bad, 8. Effect of not perusing earlier title, 9, 92. Voluntary settlement being, 8. Entitled to abstract of lease though more than 60 years old, 8. Title of lessor to freehold, when can be asked for, 9. When underlessee can ask for lessee's title, 9. Renewable leaseholds, 9. Appointment being, 9. To reversionary interest, 9. Inclosure award being, 9, 10. Possessory title, 10. General devise being, 10. Specific devise being, 10. When can inspect earlier title deeds, 10. RULES Of building society, 17, 18, 87. And orders as to winding up building society, 18, 19. Of friendly society, 21, 22. SATISFACTION OF MORTGAGE of copyholds, how effected, 132, 135. SATISFIED TERM: Satisfied Terms Act does not apply to copy- holds, 143. 230 INDEX. SEAL: Contract by company must be under, 2. Of building society, 17, 18. 87. Of company and corporation, 19, 21, 87. When deed shows no trace of, attestation stating fact is not sufficient, 86. SEARCHES, 90, 143. SEPARATE USE (see MARRIED WOMAN). SETTLED ESTATES (see LIFE TENANT). SETTLED LAND ACTS (see LIFE TENANT). SETTLEMENT : As to settlements and voluntary conveyances generally, 121 to 126. infant making, on marriage, 14, 24, 25. Voluntary, commencing title, 8. By married woman, 29 to 38. Where, differs from articles will be rectified, 47. Though not when articles and settlement both after marriage, 47, 48. Where recitals disclose marriage, enquire as to, 49. When extrinsic evidence of consideration to, may be given, 51. Gift under, must be by deed or declaration of trust, 121. When can be revoked, 121. Doctrine of resulting trusts, 122. When void under 13 Eliz. c. 5, 122, 123. When void under 27 Eliz. c. 4, 123, 124. Voluntary Conveyances Act, 1893, 123, 124. When void or voidable under Bankruptcy Act, 1883, 124 to 126. Registration of (see REGISTRATION). See also LIFE TENANT and TRUSTS AND TRUSTEES. SEWERING EXPENSES, 58, 59. SHARE : What the word includes, 61 . SIGNATURE : As to whether signing is essential to the validity of a deed, 86. As to when name of witness to Will being written for him makes attestation void, 101 . INDKX. 231 SIGNATURE (continued) When auctioneer has implied authority to sign contract, 2. Agent authorised to find purchaser not authorised to sign contract, 2. When solicitor has authority to sign contract, 184. When cancelling by testator of his, revokes his Will, 102. SOCIETY (see BUILDING SOCIETY and FRIENDLY SOCIETY). SOLICITOR Producing deed executed by trustee, 53. When knowledge of solicitor is knowledge of client, 93. Of vendor receiving deposit, 6. When can sign contract for vendor or purchaser, 184. SPECIFIC DEVISE (sec WILL). SPECIFIC PERFORMANCE: Purchaser resisting action for, when there is a defect in title, 8. When purchaser can rescind contract, 7. STAMPS : Stamp Act requires consideration to be truly stated, 52. Fixtures, &c., taken at a valuation price must be included in consideration, 52. See generally as to, 94 to 98. On copyhold documents, 144. STATUTE OF LIMITATIONS : Title depending on, when can be enforced, 10. Title barred by, acknowledgment will not restore, 10. STATUTORY RECEIPT (see BUILDING SOCIETY and FRIENDLY SOCIETY). STATUTORY TRANSFER OF MORTGAGE (see MORTGAGE).' STKWARD OF MANOR (living certificate of satisfaction of a mortgage, 132. Acts done by, have not always the effect of acts done by lord, 139. Duty as to stamping documents. 144. SUCCESSION DUTY : On purchase of reversion purchaser pays, 85. Generally as to, 127 to 130. 232 INDEX. SUCCESSORS : Effect of words " successors " and " successors and assigns," 71. SUMMONS UNDER VENDORS AND PURCHASERS ACT: No jurisdiction unless contract admitted, 7. SUPERFLUOUS LANDS (see RAILWAY COMPANY). SUPPORT : Right of lateral, 59, 60. SURRENDER AND ADMITTANCE OF COPYHOLDS, 131 to 14.-,. TENANT BY ENTIRETIES, 27, 33, 73. TENANT FOR LIFE (see LIFE TENANT). TENANTS IN COMMON: Estate in coparcenary changed into tenancy in common l>v alienation, 23. Property purchased by partners, 27, 72, 73. Property conveyed to purchasers on a joint speculation, 27, 72, 73. Property paid for by purchasers in unequal shares, 27, 72. Words of separation in grant, 72. Persons advancing money on mortgage in any shares are, 72. Of copyholds must be admitted separately, 135. TENANT IN TAIL: Infant, 14, 25. Married woman barring entail, 31. When can bar entail, 44, 45. Effect of omission to enrol disentailing deed, 44, 90. Consent of protector to disentailing deed, 45, 90. Effect of omission to enrol consent, 45, 90. Form of deed of disentailment, 45. Effect of mortgage on entail, 45. Effect of demise on entail, 45. Cannot devise estate by Will, 45. Is tenant for life under Settled Land Acts, 45. The decision in Wild's Cane, 45. Base fee, 45. What words of limitation now sufficient to pass estate tail, 72. Rule against perpetuities, exception when limitation after estate tail, 102. Of copyhold lands, 135 to 137. IXDKX. 233 TENANTS, JOINT (see JOINT TENANTS). TENURE : Gavelkind, 25. Lands of copyhold and freehold, intermixed, when boundaries must be denned, 131. TERM : Getting in last day of, 74. When different from that stated in contract, 74. Attendant, copyholds not within Satisfied Terms Act, 143. See LEASEHOLDS. TIMBER: Stamp duty should be paid on consideration for, 52. What the word " trees" carries, 61. What the word " wood " carries, 61. TITHE RENT CHARGE (see RENT CHARGE). TITLE : When vendor bound to give a good, 3. Founded on adverse possession, 10. Covenants for (see COVENANTS). See also DEFECT IN TITLE and ROOT OF TITLE. TRADE MACHINERY, 66. TRAITORS AND FELONS, 20. TRANSFER OF MORTGAGE (see MORTGAGE). TREES : What the word implies, 61. TRUST AND MORTGAGED ESTATES (see TRUSTS AND TRUSTEES). TRUSTS AND TRUSTEES : Delegation of trust by giving power of attorney, 15. Trustee can execute a deed by an attorney, 15, 53. Trustee obtaining renewal of lease operates for benefit of bene- ficiaries, 9. Married woman bare trustee, 31, 110. 234 INDEX. TRUSTS AND TRUSTEES (continued) Husband, when trustee for wife, 33. Dower trustee, 34. Trustee for sale, consent of trustee of bankrupt tenant for life, 17, 42, 118. As to trustee in bankruptcy (see BANKRUPT). Bankruptcy does not divest trustee of estate. 17, 113. Court can remove bankrupt trustee, 17. Building society trustees, 17, 18. Convict's trust estates, 20. Power of Court to appoint new trustee on conviction, 20. Devolution of estate of friendly society trustees on death, &c., 21, 22. Power of friendly society trustees to hold land, sell, and mortgage, 21, 22. Where testator dies without heir and trusts are incapable of execution, there is an escheat, 23, 24. When trustees can sell infant's land under Settled Land Acts, 25. As to passing property of infant trustee by vesting order, 26, 109. Effect of trust for sale on powers of life tenant, under Settled Land Acts, 27, 28. Consent of trustees to sale of mansion house by tenant for life, 28. Effect of disclosure of breach of trust, 48, 117. As to beneficiaries joining to cure breach of trust, 117. When property conveyed by beneficiaries to trustee for them, he cannot make a title as against them, 49. Recital framed to keep notice of trust off title, when purchaser can go behind, 49. Trustee cannot sell for annuity, 52. Deed executed by trustee, solicitor producing, 53. One of several trustees cannot give receipt for purchase money, 53. As to sale by trustees of minerals separately from land, 63, 120. When trustees take the legal estate, in deeds, 73. Under Wills, 110 to 113. Purchaser cannot ask for further covenants than that vendor has done no act to incumber, although contract does not disclose that vendor is trustee, 76, 117. Whether sale by liquidator as " trustee " carries covenants for title, 76, 77. INDEX. 235 TRUSTS AND TRUSTEES (continued) Trustees selling with consent of tenant for life, latter should give covenants for title, 77. Whether trustees should give undertaking for safe custody of deeds, 84. As to execution of deed by trustees exercising power of appoint- ment for religious or educational purposes, 88. Lease by trustees of a charity without consent of Charity Commissioners void, 91. Effect of notice to trustees as to gaining priority, 91. As to trustees answering inquiries, 91, 92. Gift to witness of Will upon trust not void, 101. Trusts operating as restraint against alienation, when void, 103. When heir trustee of legal estate for married woman's devisee, 99. Devolution of trust estates on death, 108, 109, 126. Of copyholds on death, 141, 142. Effect of disclaimer by trustees, 112, 113. Of all trustees predeceasing testator, 113. No vesting declaration required to pass equitable estates to trustees, 113. Power of trustees to sell, generally as to, 116 to 120. The differences between a poicer of sale and a trust for sale, 117, 118. As to power of and trust for sale offending against rule against perpetuities, 119. When trust or power of sale at an end, 117, 118. As to setting aside voluntary deed made in favour of person in fiduciary position, 121. Cancelling deed does not divest estate of trustees, 122. Of copyhold property, 136, 137, 140. See also LIFE TENANT. UNDERLEASE : Wrongly described in contract as a lease, effect of, 4, 74. When can ask for title to, 9. Power of Court to vest property in underlessee, on bankruptcy, 16. Covenant in lease not to, without consent, effect of on bequest, 21. As to getting in last day of term, 74. Covenant for quiet enjoyment in, no protection when superior lessor takes possession, 81. 236 INDEX. UNDERLEASE (continued) Power of Court to vest in underlessee, when lessor entering for breach of covenant by lessee, 82. Of copyholds, when consent of lord required, 140. USE: Deed exercising power should merely declare the, 67. Many old cases on habendum decided before uses generally adopted, and therefore not reliable, 69. As to declaration of the, 70. Statute of Uses does not apply to leaseholds, 74. Nor to copyholds, 143. Uses to bar dower, 34. When trustees take legal estate in dee'ds, 73, 126. In Wills, 110 to 113. Doctrine of a use on a use applies to Wills, 111. USER : Restriction on (see COVENANTS). VENDOR (see CONTRACT). VENDOR AND PURCHASER SUMMONS: No jurisdiction under, unless contract admitted, 7. VESTING DECLARATION: No words of limitation required in, 72. Equitable estates pass on appointment of new trustee without, 113. Does not apply to copyholds, 142. VESTING ORDER (see ORDER OF COURT). VOIDABLE AGREEMENT (see INFANT and MARRIED WOMAN). VOLUNTARY SETTLEMENT (see SETTLEMENT). WAIVER OF BREACH OF COVENANT (see COVENANTS). WALLS AND FENCES, 59, 60. WATER : What the word includes, 61 . WAY, 58, 59. INDEX. 237 WIDOW (see MARRIED WOMAN). WIFE (see MARRIED WOMAN). WILL: General!}' as to, 99 to 107. General devise commencing title, 10. Specific devise commencing title, 10. Effect of devise and death of testator on contract, 6. Of married woman, 34 to 36, 99, 100. Purchase from devisee, 21. Assent of executor to bequest of leaseholds, 21, 106. Whether consent of lessor required to bequest of leaseholds,. 21, 106. Proof that last, 100. Proof that 110 Will on intestacy, 23. When there is an escheat even when Will exists, 24. Power of co-heiresses to make, 23. When infant can make, 24, 99. Devolution of trust and mortgage estates of inheritance on death. 41, 108 to 110. Joint tenant cannot devise his interest, 99. Tenant in tail cannot devise his interest, 45. The decision in Wild'* Case, 45. When a devise operates as a grant of an easement, 64. Incorporation of a document in a, 100. Witnesses to a, 101. Revocation of a, 101, 102. Effect of absence of a date in, 107. As to date from which a, operates, 102. Conditions in restraint of alienation in a, 103, 104. Specific devise in a, 105. Leaseholds will not pass under a devise of real estate, .!().">. Appointment of residuary legatee will not pass .freeholds, 105. Devise of income may pass the fee, 105. Effect of bequest of " moneys on mortgage," 106. Of " moneys on securities," 106. Registration of, of property in Middlesex and Yorkshire, 106, 107. Registration of affidavit of intestacy, 106, 107. Effect of two clauses or gifts in a, being contradictory, 107. *238 INDEX. WILL (continued) As to effect of parentheses, stops, and capital letters in a, 107. When agreement to leave property by, good, 107. Effect of notice to trustees as to gaining priority, 91. As to devolution of leaseholds on death of personal representative, 108 to 110. When trustees take legal estate under, 1 10 to 1 13. Doctrine of a use on a use applies to, 111. Power of executors and trustees to sell, generally as to, 114 to 120. As to differences between a power of sale and a trust for sale, 117, 118. As to power and trust for sale offending against the rule against perpetuities, 102, 103, 119. As to beneficiaries joining to cure breach of trust, 117. As to purchaser enquiring whether debts paid on sale by executor or trustee, 115. When trust or power of sale at an end, 1 17, 118. When Court will enforce contract to surrender copyholds against devisee, 132. Of copyholds only passes the right to be admitted, 133. If devisee of copyholds does not apply to be admitted, heir may be admitted, 133. Directing executors to sell copyholds without devising estate, effect of, 136. Giving executors power of appointment over copyholds, effect of, 136. Devise of copyholds does not require registration under local Acts, 107, 142. * See also APPOINTMENT and LIKK TENANT. WINDING UP (see BUILDING SOCIKTY and COMPANY AND CORPORATION). WITNESSES To power of appointment, 14, 88. To a Will, 101. Husband or wife witnessing a Will, 1 01 . Husband or wife witnessing codicil, effect of, as to Will, 101. Effect of witness marrying a person taking benefit under a Will, 101. INDEX. 239 WITNESSES (continued) To a codicil, when different, cure gift in Will void on account of witnesses taking benefit, 101. Gift to joint tenants, effect of one being a witness on the joint tenancy, 101. Devise to, to be void must be beneficial, 101. When Will not witnessed by a solicitor, see that properly executed, 101. When name of witness being written for him makes attestation bad, 101. To a deed, being also parties, effect of, 88. When attestation essential to validity of deed, 88. Attestation of appointments of trustees of property conveyed for religious or educational purposes, 88. When no seal, fact of sealing being stated in attestation clause not sufficient, 86. Effect of testator drawing his pen through attestation clause and names of witnesses to Will, 102. WOOD : What the word implies, 61. WORDS : " Vendor," " landlord," " proprietor," " trustee for sale," " owner," " mortgagee," in a contract, 1. " Demise," what implies, 55, 77. " Grant," when implies covenants for title, 54, 55, 77. " Beneficial owner," effect of, 55. " House," " messuage," " cottage," " farm," " share," " wood," " trees," " water," " pool," what cany, 60, 61. "Heirs," "successors," "successors and assigns," "heirs of the body," " heirs male," effect of, 71. " In fee simple," *' in tail," effect of, 72. " Assigns," in covenants, 78 to 80, 108. " Estate," " property," construction of, 105. " Heir," 71, 108. " Moneys on mortgage," "moneys on securities," 106. " Effects," 105. " Real estate " in devise will not pass leaseholds, 105. " Income," when devise of, will pass the fee, 105. 240 1NDKX. WORDS (continued) " Permit " or " suffer," " pay to or permit," to receive routs. when such expressions pass the legal estate to the tenant for life, 110, 111, 126. Also " to pay " rents to tenant for life, effect of, 111. WORDS OP LIMITATION (see LIMITATION, WORDS OF). YORKSHIRE REGISTRY (see REGISTRATION). JORDAN & SONS, Eighteenth Edition, Price 3s. 6d. net ; by Post 3s. 9d. A HANDY BOOK ON THE FORMATION, MANAGEMENT, AND WINDING UP OF JOINT STOCK COMPANIES. WILLIAM JORDAN, Registration and Parliamentary Agent, AND F. GORE-BROWNE, M.A., Of the Inner Temple, Barrister-at-Law, Author of " Concise Precedents under the Companies Acts." EXTRACTS FROM PREFACE. THE aim of this lxx>k is to be a trustworthy Guide to Shareholders, Directors, Promoters, Secretaries, Officers, Liquidators, and Creditors of Companies, as to their duties and rights, and the methods of performing those duties and enforcing those rights ; to give to Lawyers references to the authorities which establish or elucidate the propositions set forth ; and at the same time to keep it within such moderate compiss as to justify its title of a " Handy Book." The fact that the Eighteenth Edition has been reached, following the Seven- teenth after an interval of less than twelve months, relieves the Authors from any necessity to offer either apology or justification for their work. In this Edition the Chapter on Debentures and that on Directors have been remodelled and added to, and references to the current decisions down to January, 1895, have been included ; while the other features of previous editions have been continued. Company Registration Agents, Printers, and Stationers, 120 CHANCERY LANE. AND 8 BELL YARD, LONDON, W.C. R JORDAN & SONS, Price IPS. 6d. ; for Cash with Order 8s. 6d. ; by Post 6d. extra. CONCISE PKECEDENTS UNDER THE COMPANIES ACTS. BY F. GORE-BROWNE, IVf.JL., OF THE INNER TEMPLE, BARRISTER-AT-LAW, JOINT AUTHOR OF "A HANDY BOOK ON THE FORMATION, MANAGEMENT, AND WINDING UP OF JOINT STOCK COMPANIES." Containing numerous Precedents of Memorandums and Articles of Association ; Agreements with Vendors, and other Preliminary Contracts ; Underwriting Letters, Commission Notes, &c. ; Forms of Debentures and Trust Deeds ; Schemes of Winding Up and Recon- struction of Companies and Arrangements with Creditors; Forms of Resolutions and Petitions to Reduce Capital, to alter Memorandum of Association, and to Wind Up ; Notices of Motion and Summons, Pleadings in Actions, and many other Forms for various purposes. "This Irook aims at supplying a real business want by providing such short and clear forms as are constantly being required by both lawyers and laymen who have to do with the Formation, the Management, and the Winding Up of Companies. With great skill the Author has kept the promise of his title-page, and given us Precedents that are Concise, and to anyone who knows how much easier it is to be prolix and diffuse in such matters this is a great gain. Besides the numerous Precedents adapted to all kinds of Companies and ready for actual use, the Author has, by way of introductory remarks to each Chapter and numerous notes throughout, kept his object clearly in view, and explained everywhere all practical points as they arise, with the addition of useful hints which are evidently the outcome of experience. We have thus in one handy, well-printed volume of 550 pages for half-a-guinea a clearly arranged series of Precedents, noted up with cases dovtn to date, and applicable to the Formation, Carrying Out, and Winding Up of a Company. We begin with the Memorandum of Association, and go right through Company business, ending even with Pleadings in Actions, and containing in its Addenda a mass of useful matter in the way of Stamps, Fees, Rules of the Stock Exchange, and the Companies Acts, all dealing with and completing the subject treated." Manchester Guardian. " For those who desire a book moderate in size and price, containing a good deal of accurate information, this handy and well-printed treatise will be very service- able." Law Journal. Company Registration Agents, Printers, and Stationers, 120 CHANCERY LANE, AND 8 BELL YARD, LONDON, W.C. JORDAN & SONS, DRAFT FORMS OF ^Temortmbitms aub Articles of TORDAN & SONS beg to announce that, in compliance f ^ with numerous requests, they supply Draft Forms of Memorandums and Articles of Association suitable for various kinds of Joint Stock Companies. In order that these Drafts shall be as reliable as possible, they have been Carefully settled by Mr. F. GORE-BROWNE, M.A., of the Inner Temple, Barrister-at-Law, Author of " Concise Precedents under the Companies Acts," and Joint Author of a " Handy Book 011 the Formation, Management, and Winding Up of Joint Stock Companies." In each Draft the Objects Clauses of the Memorandum of Association have been set out in the most comprehensive manner, in order that, in this important particular, the most ample powers may be secured to meet every likely contingency in carrying on the Company's business ; and in the Articles all the regulations are introduced which a wide experience of the working of the Companies Acts lias shown to be necessary or desirable. The object of the Drafts is twofold first, to provide suitable Precedents on which the Practitioner may base the Memorandum and Articles of any Company whose documents he may have to prepare ; and, secondly, to save the labour, delay, and risk of error which attend the writing out of Company Registration Agents, Printers, and Stationers, 120 CHANCERY LAXB, AND 8 BELL YARD, LONDON, W.C. JORDAN & SONS, such lengthy documents as Memorandums and Articles of Association frequently now are. The forms will also be useful for laying before Promoters and proposed Director's with a view to taking instructions as to the clauses to bt- actually adopted. The series comprises three sets of forms, as follows : Form A. A full form, containing a complete set of Articles entirely superseding Table A. and suitable for Limited Companies generally. Form B. To be used where Table A is adopted with modifications, setting out the clauses usually added or substituted. A copy of Table A, foolscap size, accompanies this form. The clauses given in this form show the principal variation* from Table A which are found useful in practice, but they may be shortened by omitting those which are considered unnecessary for any particular Company. Form C. A form suitable for Single Ship Companies, containing in the Articles of Association special clauses as to Management. A copy of Table A also accompanies this form. The Drafts are printed on one side of the paper, in such form that alterations can be made to meet the circumstances of each particular case, and wherever necessary explanatory foot-notes are added. There is also appended a Table of Stamp Duties and Fees pnyable on Registration of Companies Limited by Shares. The price of each Draft is Three Shillings and Sixpence, post free on receipt of remittance. Company Registration Agents, Printers, and Stationers, 120 CHANCERY LANE, AND 8 BELL YARD LONDON, WA . JORDAN & SONS, Third Edition, Price 5s. net ; by Post as. 6d. SECRETARY'S MANUAL ON THE Law and Practice of Joint Stock Companies WITH FORMS AND PRECEDENTS. BY JAMES FITZPATRICK, SECRETARY OF PUBLIC COMPANIES, AND ACCOUNTANT, AND V. de S. FOWKE, OK LINCOLN'S INN, HARRISTER-AT-I.AW. " This is the best book of the sort that we have yet seen. It explains the duties and responsibilities of a Secretary from the very commencement. The various books that are required are set out in detail, and every act in the life of a company, until its winding up, is described." Financial A 7 etc*. Price Is. each, or 10s. per dozen; Post free on receipt of remittance. TABLE A OF THE COMPANIES ACT, 1862. WITH Explanatory Notes and Comments, the Rules of the London Stock Exchange relating to Shares and Stocks, Tables of Stamp Duties and Fees on Registering Companies, The Directors' Liability Act, 1890, The Memorandum of Association Act, 1890, and The Forged Transfers Act, 1891, and other information. This book is intended to supply the Officials and Shareholders of the numerous Companies registered under Table A with a copy of the Regulations under which they are governed, with such Explanatory Notes and Comments as experience has shown to be frequently needed. The book is of convenient size for the desk or the pocket, and, besides its utility for general reference, will be found of assistance at Meetings of Directors and Shareholders in determining questions relating to Transfers, Forfeiture of Shares, Voting Powers, and other matters. Company Registration Agents, Printers, and Stationers, 120 CHANCERY LANE. Axn 8 BELL YARD, LONDON, W.C. JORDAN & SONS, Price 5.s. net; litj Poxt 5*. (k?. THE COMPANIES ACTS, 1862 to 1890 ; THE LIFE ASSURANCE COMPANIES ACTS, 1870 TO 1872 ; THE STANNARIES ACTS, 1869 & 1887; THE FORGED TRANSFERS ACTS, 1891 & 1892; THE COMPANIES (WINDING-UP) ACT, 1893, AND Other Statutes and Statutory Enactments relating to or affecting Joint Stock Companies formed under the Companies Acts, with Cross References and a full Analytical Index. By V. de S. FOWKE. Price 6*. net; by Posf 6*. (>et ; by Poxt 2s. 9d. The Corrupt and Illegal Practices Prevention Act, ANNOTATED AND EXPLAINED, WITH Notes of Judicial Decisions in Cases of Bribery, Treating, Undue Influence, Personation, &c., and a Copious Index. Company Registration Agents, Printers, and Stationers, 120 CHANCERY LANE, AND 8 BELL YARD, LONDON, W.C. JORDAN & SONS, Third Edition. Price 7.*. 6